STATIONARY SOURCES OF NOx AND VOCs
§ 129.91. Control of major sources of NOx and VOCs.
(a) This section applies to both the owner and the operator of a major NOx emitting facility or major VOC emitting facility for which no RACT requirement has been established in § § 129.51, 129.52, 129.54—129.72, 129.81 and 129.82. This section does not apply to the owner and operator of a major VOC emitting facility for which requirements have been established in § 129.52, Table I (11) (relating to surface coating processes) and § § 129.101—129.107 (relating to wood furniture manufacturing operations).
(b) The owner and the operator shall, jointly, provide the Department with the following information on or before May 16, 1994.
(1) An identification of each facility including individual sources to which this section applies.
(2) A determination through emission testing of the following:
(i) The total potential to emit and the actual emissions of VOCs for the 1990 calendar year from each source at the facility.
(ii) The total potential to emit and actual emissions of NOx for the 1990 calendar year from each source at the facility.
(c) Alternative methods which accurately characterize the emissions for the 1990 calendar year may be used to determine potential and actual emissions under subsection (b) if emission test data are not available and the Department has approved the alternative method in writing.
(d) The owner and the operator of a major NOx emitting facility or major VOC emitting facility shall, jointly, on or before July 15, 1994, provide to the Department and the EPA, Chief, Air Programs Branch, United States EPA, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107 a written proposal for RACT for each source of VOCs and NOx at the facility. The RACT proposal shall include, at a minimum, the information contained in § 129.92 (relating to RACT proposal requirements).
(e) The Department will approve, deny or modify each RACT proposal.
(f) Upon receipt of notice of the Department’s approval of the RACT proposal, the facility shall begin implementation of the measures necessary to comply with the approved or modified RACT proposal. Implementation of the RACT program shall be completed according to the schedule established in the approved RACT program and shall be as expeditious as practicable but no later than May 31, 1995.
(g) Where the installation of a new source, modification or change in operation of an existing source will result in the source or facility meeting the definition of a major NOx emitting facility or a major VOC emitting facility, the owner and the operator shall jointly submit a RACT proposal to the Department and the EPA that meets the requirements of this section, and complete implementation of the RACT proposal as approved or modified by the Department prior to the installation, modification or change in operation of the existing source.
(h) Except for sources which elect to comply with the presumptive RACT emission limitations in § 129.93 (relating to presumptive RACT emission limitations), the Department will submit each RACT determination to the EPA for approval as a revision to the SIP. A major NOx emitting facility or major VOC emitting facility shall bear the costs of public hearings and notification required for EPA approval.
(i) Following the implementation of the RACT requirements, the owner and operator of a combustion unit with a rated heat input of 250 million Btus per hour or greater and subject to § 123.51 (relating to monitoring requirements) shall, through the use of a Department approved continuous emission monitoring system, determine the rate of emissions of NOx from the combustion unit. Following the implementation of the RACT requirements, the owner and operator of a combustion unit with a rated heat input greater than 100 million Btus per hour and not subject to § 123.51, shall, through the use of either a Department approved periodic source testing program or predictive modeling program, determine the rate of emissions of NOx from the combustion unit unless the owner and operator elects to use a Department approved continuous monitoring system.
(j) Based on the results of the emission monitoring conducted in accordance with subsection (i), the Department will determine the RACT emission limitations for the source and the Department will submit the emission limitations to the EPA as a Federally enforceable permit.
Authority The provisions of this § 129.91 amended under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).
Source The provisions of this § 129.91 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467; amended June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995. Immediately preceding text appears at serial pages (254494) to (254496).
Cross References This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating porcesses); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations); 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvents); 25 Pa. Code § 129.67a (relating to control of VOC emissions from flexible packaging printing presses); 25 Pa. Code § 129.67b (relating to control of VOC emissions from offset lithographic printing presses and letterpress printing presses); 25 Pa. Code § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials); 25 Pa. Code § 129.93 (relating to presumptive RACT emission limitations); 25 Pa. Code § 129.94 (relating to NOx RACT emission averaging general requirements); 25 Pa. Code § 129.95 (relating to recordkeeping); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).
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