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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

25 Pa. Code § 129.115. Written notification, compliance demonstration and recordkeeping and reporting requirements.

§ 129.115. Written notification, compliance demonstration and recordkeeping and reporting requirements.

 (a)  The owner and operator of an air contamination source subject to this section and §  129.111 (relating to applicability) shall submit a notification, in writing or electronically, to the appropriate Regional Manager or the appropriate approved local air pollution control agency that proposes how the owner and operator intend to comply with the requirements of this section and § §  129.111—129.114.

   (1)  The notification shall be submitted to the appropriate Regional Manager or appropriate approved local air pollution control agency as soon as possible but not later than:

     (i)   December 31, 2022, for a source subject to §  129.111(a).

     (ii)   December 31, 2022, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to §  129.111(b).

   (2)  This notification shall identify the air contamination sources in §  129.111(a) as one of the following:

     (i)   Subject to a RACT requirement or RACT emission limitation in § §  129.112—129.114.

     (ii)   Exempted from § §  129.112—129.114.

   (3)  The air contamination sources identified in §  129.111(b) as one of the following:

     (i)   Subject to a RACT requirement or RACT emission limitation in § §  129.112—129.114.

     (ii)   Exempted from § §  129.112—129.114.

   (4)  The air contamination sources identified in §  129.111(c) that have a potential to emit less than 1 TPY of NOx located at a major NOx emitting facility subject to §  129.111(a) or (b) or a VOC air contamination source that has the potential to emit less than 1 TPY of VOC located at a major VOC emitting facility subject to §  129.111(a) or (b).

   (5)  The following information for each air contamination source listed in paragraph (2):

     (i)   A description, including make, model and location, of each source.

     (ii)   The applicable RACT requirement or RACT emission limitation, or both, in § §  129.112—129.114 for each source listed in accordance with paragraph (2)(i).

     (iii)   How the owner or operator shall comply with subparagraph (ii) for each source listed in subparagraph (i).

     (iv)   The reason why the source is exempt from the RACT requirements and RACT emission limitations in § §  129.112—129.114 for each source listed in accordance with paragraph (2)(ii).

   (6)  The following information for each air contamination source listed in paragraph (3):

     (i)   A description, including make, model and location, of each source.

     (ii)   The applicable RACT requirement or RACT emission limitation, or both, in § §  129.112—129.114 for each source listed in paragraph (3)(i).

     (iii)   How the owner or operator shall comply with subparagraph (ii) for each source listed in subparagraph (i).

     (iv)   The reason why the source is exempt from the RACT requirements and RACT emission limitations in § §  129.112—129.114 for each source listed in accordance with paragraph (3)(ii).

   (7)  The following information for each air contamination source listed in paragraph (4):

     (i)   A description, including make, model and location, of each source.

     (ii)   Information sufficient to demonstrate that the source has a potential to emit less than 1 TPY of NOx or 1 TPY of VOC, as applicable.

 (b)  Except as specified in subsection (d), the owner and operator of an air contamination source subject to a NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation, or both, listed in §  129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation by performing the following monitoring or testing procedures:

   (1)  For an air contamination source with a CEMS, monitoring and testing in accordance with the requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) using a 30-operating day rolling average, except for municipal waste combustors subject to §  129.112(f), combustion units or process heaters subject to §  129.112(g)(1) and direct-fired heaters, furnaces, ovens or other combustion sources subject to §  129.112(k).

     (i)   A 30-operating day rolling average emission rate for each applicable RACT emission limitation shall be calculated for an affected air contamination source for each consecutive operating day.

     (ii)   Each 30-operating day rolling average emission rate for an affected air contamination source must include the emissions that occur during the entire operating day, including emissions from start-ups, shutdowns and malfunctions.

   (2)  For a Portland cement kiln with a CEMS, monitoring of clinker production rates in accordance with 40 CFR 63.1350(d) (relating to monitoring requirements).

   (3)  For a municipal waste combustor with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average. The daily average will be considered valid if it contains at least 18 valid hourly averages reported at any time during the calendar day as required in the quality assurance section of the continuous source monitoring manual.

   (4)  For a combustion unit or process heater subject to §  129.112(g)(1) with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.

     (i)   The daily average shall be calculated by summing the total pounds of pollutant emitted for the calendar day and dividing that value by the total heat input to the source for the same calendar day.

     (ii)   The daily average for the source shall include all emissions that occur during the entire day.

   (5)  For a direct-fired heater, furnace, oven or other combustion source subject to §  129.112(k) with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.

   (6)  For an air contamination source without a CEMS, monitoring and testing in accordance with an emissions source test approved by the Department or appropriate approved local air pollution control agency that meets the requirements of Chapter 139, Subchapter A (relating to sampling and testing methods and procedures). The source test shall be conducted to demonstrate initial compliance and subsequently on a schedule set forth in the applicable permit.

 (c)  The owner or operator of a combined cycle combustion turbine may comply with the requirements in §  129.112(g)(2)(iii) on a mass-equivalent basis. The actual emissions during the compliance period must be less than the allowable emissions during the compliance period. The allowable emissions are calculated by multiplying actual heat input in million Btu during the compliance period by the following:

   (1)  0.015 lb NOx/million Btu for sources subject to §  129.112(g)(2)(iii)(A).

   (2)  0.031 lb NOx/million Btu for sources subject to §  129.112(g)(2)(iii)(B).

   (3)  0.014 lb VOC/million Btu for sources subject to §  129.112(g)(2)(iii)(C).

   (4)  0.030 lb VOC/million Btu for sources subject to §  129.112(g)(2)(iii)(D).

 (d)  Except as specified in §  129.112(n) and §  129.114(l) (relating to alternative RACT proposal and petition for alternative compliance schedule), the owner and operator of an air contamination source subject to subsection (b) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation in accordance with the procedures in subsection (a) not later than:

   (1) January 1, 2023, for a source subject to §  129.111(a) (relating to applicability).

   (2)  January 1, 2023, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to §  129.111(b).

 (e)  An owner or operator of an air contamination source subject to this section and § §  129.111, 129.112 and 129.113 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements) may request a waiver from the requirement to demonstrate compliance with the applicable emission limitation listed in §  129.112 if the following requirements are met:

   (1)  The request for a waiver is submitted, in writing or electronically, to the Department or appropriate approved local air pollution control agency not later than:

     (i)   December 31, 2022, for a source subject to §  129.111(a).

     (ii)   December 31, 2022, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to §  129.111(b).

   (2)  The request for a waiver demonstrates that a Department-approved emissions source test was performed in accordance with the requirements of Chapter 139, Subchapter A on or after:

     (i)   November 12, 2021, for a source subject to §  129.111(a).

     (ii)   November 12, 2021, or within 12 months prior to the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to §  129.111(b).

   (3)  The request for a waiver demonstrates to the satisfaction of the Department or appropriate approved local air pollution control agency that the test results show that the source’s rate of emissions is in compliance with the source’s applicable NOx emission limitation or VOC emission limitation.

   (4)  The Department or appropriate approved local air pollution control agency approves, in writing, the request for a waiver.

 (f)  The owner and operator of an air contamination source subject to this section and § §  129.111—129.114 shall keep records to demonstrate compliance with § §  129.111—129.114 and submit reports to the Department or appropriate approved local air pollution control agency in accordance with the applicable regulations in 25 Pa. Code, Part I, Subpart C, Article III (relating to air resources) and as specified in the operating permit or plan approval for the air contamination source as follows:

   (1)  The records shall include sufficient data and calculations to demonstrate that the requirements of § §  129.111—129.114 are met.

   (2)  Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.

   (3)  The records necessary to determine compliance shall be reported to the Department or appropriate approved local air pollution control agency on a schedule specified in the applicable regulation or as otherwise specified in the operating permit or plan approval for the air contamination source.

 (g)  Beginning with the compliance date specified in §  129.112(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable NOx emission rate threshold specified in §  129.114(b) and the requirements of §  129.112 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.

 (h)  Beginning with the compliance date specified in §  129.112(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable VOC emission rate threshold specified in §  129.114(c) and the requirements of §  129.112 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.

 (i)  The owner or operator of a combustion unit or process heater subject to §  129.112(b) shall record each adjustment conducted under the procedures in §  129.112(b). This record must contain, at a minimum:

   (1)  The date of the tuning procedure.

   (2)  The name of the service company and the technician performing the procedure.

   (3)  The final operating rate or load.

   (4)  The final NOx and CO emission rates.

   (5)  The final excess oxygen rate.

   (6)  Other information required by the applicable operating permit.

 (j)  The owner or operator of a Portland cement kiln subject to §  129.112(h) shall maintain a daily operating log for each Portland cement kiln. The record for each kiln must include:

   (1)  The total hours of operation.

   (2)  The type and quantity of fuel used.

   (3)  The quantity of clinker produced.

   (4)  The date, time and duration of a start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.

 (k)  The records shall be retained by the owner or operator for 5 years and made available to the Department or appropriate approved local air pollution control agency upon receipt of a written request from the Department or appropriate approved local air pollution control agency.



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