Current through Register Vol. 54, No. 44, November 2, 2024
Section 129.94 - NO[x] RACT emission averaging general requirements(a) The owners and operators of major NOx emitting facilities may submit a written proposal to the Department as part of an application for operating permits to average emissions to meet the RACT requirements of § 129.91 (relating to control of major sources of NOx and VOCs). Emission averaging which complies with applicable EPA requirements and is approved as an SIP revision, and which meets the criteria in subsection (b) and is approved by the Department shall satisfy the requirements of § 129.91. The Department will approve, deny or modify each averaging proposal.(b) The Department will not approve an emission averaging proposal unless the proposal demonstrates compliance with the following requirements to the Department's satisfaction: (1) The proposal shall demonstrate that the aggregate emissions achieved through the RACT averaging proposal are less than the sum of emissions that would be achieved by complying with the RACT requirement on a source specific basis.(2) The averaging proposal shall include a tons per year emission cap and an emission rate such as pounds/million Btus for each source in the averaging proposal that provide for verification and enforcement of the averaging proposal.(3) Emission reductions attributed to the shutdown or curtailment of operation of a source may not be included in an averaging proposal.(4) The proposal shall demonstrate that the ambient air quality impact resulting from implementation of the averaging proposal is less than or equivalent to the impact from each source complying with the RACT requirements in § 129.91 and §§ 129.92 and 129.93 (relating to RACT proposal requirements; and presumptive RACT emission limitations) individually. The demonstration shall consider the area of emissions impact and the periods of time of emissions impact except as follows: (i) For emission averaging involving sources located within the same nonattainment area, the demonstration shall only consider the periods of time of emissions impact.(ii) For emission averaging involving sources not located within the same nonattainment area which are located less than 200 kilometers from another source involved in the averaging proposal, the demonstration shall only consider the periods of time of emissions impact.(5) The proposal shall provide that each source involved in the averaging proposal shall be required to use continuous emission monitors and record emissions following the requirements of Chapter 139 (relating to sampling and testing). The participating sources are required to establish telemetry links between the sources and to provide real time emission data to all sources affected by the averaging proposal. For an averaging proposal involving sources at a single facility, the Department may approve alternate requirements provided the proposal demonstrates that the alternate methodologies are credible, workable, replicable and fully enforceable and adequately quantify emissions from all sources participating in the averaging program.(c) An averaging proposal shall be approved by the EPA as an SIP revision before the averaging proposal may be implemented.(d) Every source or facility involved in the approved averaging proposal is in violation of its operating permit when a source or facility subject to the averaging proposal exceeds an emission limitation or averaging requirement established under this section.(e) Additional emission reductions required under the act or the Clean Air Act or the regulations adopted under either the act or the Clean Air Act shall be in addition to and not a substitute for the emission reductions required by the averaging proposal.The provisions of this §129.94 adopted January 14, 1994, effective 1/15/1994, 24 Pa.B. 467. 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 processes); 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 § 129.95 (relating to recordkeeping); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); and 25 Pa. Code § 129.112 (relating to preumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule).