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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

Pennsylvania Code




135.1.    Purpose.
135.2.    Applicability.
135.3.    Reporting.
135.4.    Report format.
135.5.    Recordkeeping.


135.21.    Emission statements.


   The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.B. 443, unless otherwise noted. Immediately preceding text appears at serial pages (4657) to (4658) and (42573).

Cross References

   This chapter cited in 25 Pa. Code §  127.207 (relating to creditable emissions decrease or ERC generation and creation).


§ 135.1. Purpose.

 The purpose of this chapter is to provide a means of obtaining data required to evaluate the effectiveness of regulations, identify available or potential emission offsets and maintain an accurate inventory of air contaminant emissions for air quality assessment and planning activities.

§ 135.2. Applicability.

 This chapter applies to all sources except the following:

   (1)  A mobile air contamination source.

   (2)  A source which emits nonspecific particulate matter only and for which the actual emission rate is less than 1 ton per year.

   (3)  A source which emits only carbon dioxide, water vapor, nitrogen, oxygen or inert gases such as argon, helium, krypton, neon or xenon.

   (4)  A combustion unit rated at less than 2.5 million Btu’s per hour of heat input.

   (5)  A source used in residential premises designed to house four or less families.

   (6)  Other sources and classes of sources determined to be of minor significance by the Department.


   The provisions of this §  135.2 amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5099. Immediately preceding text appears at serial page (149173).

§ 135.3. Reporting.

 (a)  A person who owns or operates a source to which this chapter applies, and who has previously been advised by the Department to submit a source report, shall submit by March 1 of each year a source report for the preceding calendar year. The report shall include information for all previously reported sources, new sources which were first operated during the preceding calendar year and sources modified during the same period which were not previously reported.

 (b)  A person who receives initial notification by the Department that a source report is necessary shall submit an initial source report with 60 days after receiving the notification or by March 1 of the year following the year for which the report is required, whichever is later.

 (c)  A source owner or operator may request an extension of time from the Department for the filing of a source report, and the Department may grant the extension for reasonable cause.

Cross References

   This section cited in 25 Pa. Code §  135.5 (relating to recordkeeping).

§ 135.4. Report format.

 Source reports shall contain sufficient information to enable the Department to complete its emission inventory. Source reports shall be made by the source owner or operator in a format specified by the Department.

§ 135.5. Recordkeeping.

 Source owners or operators shall maintain and make available upon request by the Department records including computerized records that may be necessary to comply with § §  135.3 and 135.21 (relating to reporting; and emission statements). These may include records of production, fuel usage, maintenance of production or pollution control equipment or other information determined by the Department to be necessary for identification and quantification of potential and actual air contaminant emissions. If direct recordkeeping is not possible or practical, sufficient records shall be kept to provide the needed information by indirect means.


   The provisions of this §  135.5 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5099.


§ 135.21. Emission statements.

 (a)  Except as provided in subsection (d), this section applies to stationary sources or facilities:

   (1)  Located in an area designated by the Clean Air Act as a marginal, moderate, serious, severe or extreme ozone nonattainment area and which emit oxides of nitrogen or VOC.

   (2)  Not located in an area described in paragraph (1) and included in the Northeast Ozone Transport Region which emit or have the potential to emit 100 tons or more of oxides of nitrogen or 50 tons or more of VOC per year.

 (b)  The owner or operator of each stationary source emitting oxides of nitrogen or VOCs shall provide the Department with a statement, in a form as the Department may prescribe, for classes or categories of sources, showing the actual emissions of oxides of nitrogen and VOCs from that source for each reporting period, a description of the method used to calculate the emissions and the time period over which the calculation is based. The statement shall contain a certification by a company officer or the plant manager that the information contained in the statement is accurate.

 (c)  Annual emission statements are due by March 1 for the preceding calendar year beginning with March 1, 1993, for calendar year 1992 and shall provide data consistent with requirements and guidance developed by the EPA. The guidance document is available from: United States Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. The Department may require more frequent submittals if the Department determines that one or more of the following applies:

   (1)  A more frequent submission is required by the EPA.

   (2)  Analysis of the data on a more frequent basis is necessary to implement the requirements of the act.

 (d)  Subsection (a) does not apply to a class or category of stationary sources which emits less than 25 tons per year of VOCs or oxides of nitrogen, if the Department in its submissions to the Administrator of the EPA under section 182(a)(1) or (3)(B)(ii) of the Clean Air Act (42 U.S.C.A. §  7511a(a)(1) or (3)(B)(ii)) provides an inventory of emissions from the class or category of sources based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator. The Department will publish in the Pennsylvania Bulletin a notice of the lists of classes or categories of sources which are exempt from the emission statement requirement under this subsection.


   The provisions of this §  135.21 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5099; corrected March 18, 1994, effective October 10, 1992, 24 Pa.B. 1481. Immediately preceding text appears at serial pages (173557) to (173558).

Cross References

   This section cited in 25 Pa. Code §  135.5 (relating to recordkeeping).

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