(12) Remit a civil penalty assessed against the retail food facility operator under the Retail Food Facility Safety Act or this chapter within 30 days of the later of either of the following:

(i) The effective date of the final adjudication assessing the civil penalty.

(ii) The expiration of the applicable deadline by which the final adjudication could be appealed to an appellate court of the Commonwealth.

Subchapter I. FOOD EMPLOYEE CERTIFICATION ACT COMPLIANCE

Sec. 46.1201. Food Employee Certification Act compliance.§ 46.1201. Food Employee Certification Act compliance.
(a) Statutory requirement. The Food Employee Certification Act requires that a retail food facility have at least one employee who holds a valid certificate present at the retail food facility or immediately accessible at all hours of operation and who is the person in charge of the retail food facility when physically present and on duty.

(b) General recognition of certification programs. Forpurposes of compliance with the Food Employee Certification Act, the Department recognizes certification programs, including examinations developed under those programs, that are evaluated and listed by an accrediting agency that has been recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food ProtectionManager Certification Program. A certificate of completion of a program is a ‘‘certificate’’ for purposes of the requirement in subsection (a) and is adequate proof of compliance.

(c) Posting of certificate. A retail food facility shall post the original certificate of its certified employee in public view at its business location.

(d) List of acceptable certification programs. The Department will maintain a current list of Departmentrecognized certification programs. The Department will:

(1) Publish the current list in the Pennsylvania Bulletin annually and when the list is revised.

(2) Post the current list on the Department’s web site at www.agriculture.state.pa.us.

(3) Provide a copy of the current list upon request directed to the Department’s Bureau of Food Safety and Laboratory Services at (717) 787-4315 or the following mailing address:

Pennsylvania Department of Agriculture Bureau of Food Safety and Laboratory Services ATTN: Food Employee Certification 2301 North Cameron Street Harrisburg, Pennsylvania 17110-9408

Subpart C. MISCELLANEOUS PROVISIONS

CHAPTER 76. (Reserved)

§§ 76.1—76.17. (Reserved).

§ 76.19. (Reserved).

[Pa.B. Doc. No. 14-762. Filed for public inspection April 11, 2014, 9:00 a.m.] 

# Title 25—ENVIRONMENTAL **PROTECTION**

**ENVIRONMENTAL QUALITY BOARD [ 25 PA CODE CHS. 121 AND 139 ]** **Measurement and Reporting of Condensable Par**

**ticulate Matter Emissions**

The Environmental Quality Board (Board) amends Chapters 121 and 139 (relating to general provisions; and sampling and testing) to read as set forth in Annex A.

This final-form rulemaking amends Chapter 139 to update and clarify what sampling and testing methodsare used to demonstrate compliance with certain particulate matter (PM) emission limitations. The amendment to § 139.12(a) (relating to emissions of particulate matter) explains the process used for determining compliance with filterable PM emission standards in §§ 123.11— 123.13 (relating to combustion units; incinerators; andprocesses). The amendments to § 139.12(b) and (c) explain the process used for determining compliance with filterable and condensable PM emission limitations. Theamendment to § 139.12(d) explains the compliance demonstration process and clarifies that use of test methods and procedures that are not specified in the Source Testing Manual must be approved in writing by the Department. Subsection (e) adds a cross-reference to § 139.5 (relating to revisions to the source testing manual and the continuous source monitoring manual). The amendment to § 139.53 (relating to filing monitoring reports) specifies where monitoring reports must be filed.

In addition to these substantive changes, the final-form rulemaking amends Chapter 121 to add two terms anddefinitions in § 121.1 (relating to definitions)—‘‘condensable particulate matter’’ and ‘‘filterable particulate matter.’’

This order was adopted by the Board at its meeting of November 19, 2013.

A. Effective Date

This final-form rulemaking is effective upon final-form publication in the Pennsylvania Bulletin

. B. Contact Persons

For further information, contact Kirit Dalal, Chief, Division of Air Resource Management, P. O. Box 8468, Rachel Carson State Office Building, Harrisburg, PA17105-8468, (717) 772-3436; or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users).This final-form rulemaking is available on the Department of Environmental Protection’s (Department) web site at www.dep.state.pa.us.

C. Statutory Authority

This final-form rulemaking is authorized under section 5(a)(1) of the Air Pollution Control Act (act) (35 P. S. § 4005(a)(1)), which grants the Board the authority to adopt rules and regulations for the prevention, control,reduction and abatement of air pollution in this Commonwealth, and section 5(a)(8) of the act, which grants theBoard the authority to adopt rules and regulations designed to implement the Clean Air Act (CAA) (42 U.S.C.A. §§ 7401—7671q). 

### 2236 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014**D. Background and Purpose PM is the term for a mixture of solid particles and liquid droplets found in the air. Some particles, such as dust, dirt, soot and smoke, are large or dark enough to be seen with the naked eye. Other particles are so small they can only be detected using an electron microscope. PM includes ‘‘inhalable coarse particles,’’ with diameterslarger than 2.5 micrometers and smaller than 10 micrometers (PM-10), and ‘‘fine particles,’’ with diameters that are 2.5 micrometers and smaller (PM 2.5 ). Epidemiological studies have shown a significant correlation between elevated levels of PM 2.5 and a number of serious health effects, including premature mortality, aggravation of respiratory and cardiovascular disease (as indicated by increased hospital admissions, emergency room visits, absences from school or work, and restricted activity days), lung disease, decreased lung function, asthma attacks and certain cardiovascular problems such as heart attacks and cardiac arrhythmia. See 70 FR 944 (January 5, 2005) and 72 FR 20586 (April 25, 2007).

The United States Environmental Protection Agency (EPA) established the PM National Ambient Air Quality Standard (NAAQS) at 36 FR 8186 (April 30, 1971). The test method specified for determining attainment of the original standards was the high volume sampler, which collects filterable PM up to a nominal size of 25 to 45 micrograms (referred to as total suspended particulate). See 75 FR 80118, 80120 (December 21, 2010).

The Department of Environmental Resources, the predecessor agency to the Department, initially promulgated PM emission standards for combustion units, incinerators and processes under §§ 123.11—123.13 at 1 Pa.B. 1804(September 11, 1971). Test methods for determining emissions of PM were promulgated under § 139.12 at 2 Pa.B. 383 (March 4, 1972). These methods included the use of both dry filters and wet impingers to test for filterable and condensable PM.

The Department deleted the requirement to use wet impingers to test for PM at 27 Pa.B. 6804 (December 27, 1997) because that provision was more stringent than theapplicable Federal requirement and provided little environmental benefit. Under this change, the owners and operators of existing stationary sources subject to§§ 123.11—123.13 are only required to test for compliance with filterable PM emission standards.

The EPA revised the PM NAAQS to add a new standard for fine particles, using PM 2.5 as the indicator, at 62 FR 38652 (July 18, 1997). The EPA set the health-based (primary) and welfare-based (secondary) PM 2.5 annual standard at a level of 15 micrograms per cubic meter (μg/m 3 ) and the 24-hour standard at a level of 65 μg/m 3

. The health-based primary standard is designed to protect human health from elevated levels of PM 2.5 . The secondary standard is designed to protect against major environmental effects of PM 2.5 such as visibility impairment, soiling and materials damage.

The EPA lowered the primary and secondary 24-hour NAAQS for PM 2.5 to 35 μg/m 3 from 65 μg/m 3 at 71 FR 61236 (October 17, 2006). The following counties or portions thereof have been designated by the EPA as nonattainment for the 2006 fine PM 24-hour NAAQS: Allegheny (partial), Armstrong (partial), Beaver, Bucks,Butler, Cambria, Chester, Cumberland, Dauphin, Delaware, Greene (partial), Indiana (partial), Lancaster, Lawrence (partial), Lebanon, Lehigh, Montgomery, Northampton, Philadelphia, Pittsburgh/Liberty-Clairton (partial), Washington, Westmoreland and York. See 74 FR 58688, 58758 (November 13, 2009). Section 110 of the CAA (42 U.S.C.A. § 7410) requires state and local air pollution control agencies to develop,and submit to the EPA for approval, State Implementation Plans (SIP) that provide for the attainment, maintenance and enforcement of the NAAQS in each air quality control region (or portion thereof) within each state. The emissions inventories and analyses used in the state’s attainment demonstrations must consider PM-10 and PM 2.5 emissions from stationary sources that are significant contributors of primary PM-10 and PM 2.5 emissions.

Section 51.50 of 40 CFR (relating to what definitions apply to this subpart) defines primary PM-10 and PM 2.5 as including both the filterable and condensable fractions of PM. Filterable PM consists of those particles that are directly emitted by a source as a solid or liquid at the stack (or similar release conditions) and captured on the filter of a stack test train. Condensable PM is the material that is in vapor phase at stack conditions but condenses or reacts, or both, upon cooling and dilution in the ambient air to form solid or liquid PM immediatelyafter discharge from the stack. The Commonwealth defines primary PM-10 and PM 2.5 in a similar manner asmeasured by the applicable reference method or equivalent method. See § 121.1.

The EPA promulgated revisions to its test methods for measuring filterable PM-10 and PM 2.5 and for measuring condensable PM emissions from stationary sources at 75 FR 80118, which became effective on January 1, 2011.The final amendments to Method 201A add a particlesizing device to allow for sampling of PM with meanaerodynamic diameters less than or equal to 2.5 micrometers (PM 2.5 or fine PM). The final amendments to Method 202 revise the sample collection and recovery procedures of the method to reduce the formation ofreaction artifacts that could lead to inaccurate measurements of condensable PM. The Department incorporates Methods 201A and 202, and revisions to these methods, by reference in the Department’s Source Testing Manual under § 139.4(5) (relating to references).

Final-form § 139.12(a) clarifies that the owner and operator subject to the PM emission standards under §§ 123.11—123.13 are only required to test for filterable PM as provided in paragraphs (1)—(5). These owners and operators are not subject to the condensable PM test requirements under final-form subsections (b)—(d).

Final-form § 139.12(b) clarifies that the owner or operator of a stationary source subject to PM-10 and PM 2.5 emission limitations shall demonstrate compliance withthose limitations by including both filterable and condensable PM. This subsection also clarifies that the owner or operator of a stationary source subject to applicability determinations under Chapter 127, Subchapters D and E (relating to prevention of significant deterioration of airquality; and new source review) shall demonstrate compliance for filterable and condensable PM-10 and PM2.5 emissions.

Final-form § 139.12(c) clarifies when compliance with a PM, PM-10 or PM 2.5 emission limitation must include condensable PM.

Final-form § 139.12(d) explains the compliance demonstration process for the measurement and reporting offilterable and condensable PM. Subsection (d) also clarifies that use of test methods and procedures that are not specified in the Source Testing Manual requires the Department’s prior written approval.

Final-form § 139.12(e) adds a cross-reference to § 139.5. 

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**PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014**Final-form § 139.53 amends where monitoring reports are filed.

The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) on the final-form rulemaking on February 14, 2013. The AQTAC did not havecomments and concurred with the Department’s recommendation to present the final-form rulemaking to the Board for consideration. The Department also consulted with the Citizens Advisory Council (CAC) Policy andRegulatory Oversight Committee (Committee) on February 6, 2013. On the recommendation of the Committee, onFebruary 19, 2013, the CAC concurred with the Department’s recommendation to present the final-form rulemaking to the Board.

The final-form rulemaking only updates and clarifies the applicability of certain requirements to which the owners and operators of certain stationary sources arealready subject. The final-form rulemaking does not impose new or additional requirements or compliance costs on these owners and operators.

The final-form rulemaking is reasonably necessary to attain and maintain the 1997 annual and 2006 24-hour PM 2.5 NAAQS and to satisfy related CAA requirements.

The final-form rulemaking will be submitted to the EPAupon final-form publication as a revision to the Commonwealth’s SIP codified in 40 CFR 52.2020 (relating to identification of plan).

E. Summary of Final-Form Rulemaking and Changes

from Proposed to Final-Form Rulemaking § 121.1. Definitions

Final-form § 121.1 is amended to add definitions for the terms ‘‘condensable particulate matter’’ and ‘‘filterable particulate matter’’ to support the final-form amendments to Chapter 139. These definitions are consistent with the Federal definitions. The Board deleted ‘‘primary’’ from the final-form definition of ‘‘condensable particulate matter’’ in response to public comments received. Changes werenot made to the definition of ‘‘filterable particulate matter. § 139.12. Emissions of particulate matter

The final-form rulemaking designates the existing language in § 139.12 as subsection (a) and adds subsections (b)—(d) to clarify filterable and condensable PM testing applicability requirements. Subsection (a) clarifies that the listed test procedures are to determine emissions of filterable PM only and not condensable PM from affected stationary sources for compliance with the PM emission standards in §§ 123.11—123.13.

Subsection (b) provides that the owner or operator of a stationary source subject to emission limitations for PM-10 and PM 2.5 or to applicability determinations required under Chapter 127, Subchapters D and E shalldemonstrate compliance for both filterable and condensable PM-10 and PM 2.5 emissions.

Subsection (c) provides that compliance with a PM, PM-10 or PM 2.5 emission limitation issued by the Department prior to January 1, 2011, may not be based oncondensable PM unless required by the terms and conditions of a plan approval, operating permit or the SIP in 40 CFR 52.2020.

Subsection (d) provides that a compliance demonstration required under subsection (b) or (c) must include the measurement and reporting of filterable and condensable PM. Test methods and procedures must be equivalent to those specified in § 139.4(5). Subsection (e) provides a cross reference to § 139.5 to clarify how the Department revises the Source Testing Manual.
§ 139.53. Filing monitoring reports

The final-form rulemaking amends § 139.53 to specify that the periodic emissions monitoring test reports shall be submitted to the applicable Regional Air Program Manager instead of the Regional Air Pollution Control Engineer and a copy of the report shall be submitted tothe Chief of the Division of Source Testing and Monitoring. This amendment makes the filing of monitoring reports more efficient and timely.

F. Summary of Major Comments and Responses

Three commentators requested changes to the first sentence of § 139.12(c) to include PM-10 and PM2.5 in addition to PM. The commentators explained this wouldclarify that condensable PM is not included in determining compliance with emission limits for PM-10 and PM2.5 that were established prior to January 1, 2011, unless required by a plan approval, operating permit or the SIP codified in 40 CFR 52.2020. The Independent Regulatory Review Commission (IRRC) recommended that the Boardeither add this clarification or explain why it is unnecessary. The Board agrees. Final-form § 139.12(c) states that compliance with a PM, PM-10 or PM 2.5 emission limitation issued by the Department prior to January 1, 2011, will not be based on condensable PM unless required under the terms and conditions of a plan approval, operating permit or the SIP.

A commentator requested that the phrase ‘‘or an applicability determination made’’ be added to § 139.12(c) because the EPA intended for condensable emissions to beconsidered prospectively for both emission limitation compliance demonstrations and major New Source Reviewprogram applicability determinations. The Board disagrees that the additional language is necessary. Thefinal-form rulemaking clarifies the filterable and condensable PM testing applicability requirements adequately.Limitations regarding review of applicability determinations made before January 1, 2011, remain as established in the EPA’s final rule for Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ), published at 73 FR 28321 (May 16, 2008), and the EPA’s final rule for Methods for Measurement of Filterable PM-10 and PM2.5 and Measurement of Condensable PM Emissions From Stationary Sources, published at 75 FR 80118.

A commentator requested that § 139.12(c) be revised to expressly indicate that the Department will specify when an emission limitation for PM, PM 10 or PM 2.5 is based on condensable emissions in addition to filterable emissions.The commentator asserted the regulated community understands a generic ‘‘particulate matter’’ emission limitation to mean filterable only, and that limitations expressed without specific reference to condensable emissions should be interpreted as filterable only. TheBoard revised final-form § 139.12(c) as previously explained. The Board disagrees with adding the commentator’s other requested language because final-form § 139.13(c) clearly states that compliance with a PM emission limitation issued by the Department prior to January 1, 2011, will not be based on condensable PM unless required under the terms and conditions of a plan approval, operating permit or the SIP. Compliance with a PM emission limitation issued by the Department on and after January 1, 2011, will include condensable PM as specified in § 139.12(b) and (d). 

### 2238 RULES AND REGULATIONS

**PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014**A commentator recommended revising § 139.12(b) toclarify that the applicability of the substantive requirements in subsection (b) is limited by subsections (a) and (c), by adding the phrase ‘‘except as provided in (a) and (c)’’ at the end of the last sentence in § 139.12(b). The Board’s response is that the requirements of subsection (b) are not limited by subsection (a) or (c). The owner and operator of a regulated stationary source are required to meet the Federal requirements for PM standards. The changes to the language and exceptions requested by the commentator would result in a regulation that does not comply with Federal requirements.

A commentator recommended deleting the first sentence of § 139.12(d), contending that this sentence is redundant with § 139.12(b) and inconsistent with § 139.12(c). The Board disagrees that § 139.12(d) is redundant with § 139.12(b). Section 139.12(b) requires that the owner or operator of a unit subject to emission limitations for PM-10 and PM 2.5 demonstrate compliance for filterable and condensable PM-10 and PM 2.5 emissions. The first sentence in § 139.12(d) requires the demonstration of compliance specified in § 139.12(b) to bemade by measurement and reporting. The second sentence in § 139.12(d) follows by requiring that the measurement and reporting methods used are equivalent to the test methods and procedures specified in § 139.4(5). Further, the Board disagrees that § 139.12(d) conflicts with § 139.12(b). Testing of filterable and condensableemissions is required regardless of whether the condensable portion will be used in the compliance demonstration. A compliance demonstration under § 139.12(c) shall include the measurement and reporting of both filterableand condensable PM, regardless of whether the condensable portion is subject to compliance demonstration under subsection (c).

A commentator requested that the Board adopt EPA Conditional Test Method 039 as an equivalent alternative to EPA Test Methods 201A and 202. IRRC asked whether EPA Conditional Test Method 039 is equivalent to the methods specified in the Source Testing Manual. The Board’s response is that the inclusion of a Federal Conditional Test Method in the final-form rulemaking, that may be subject to change or may never be finalized, would be improper. The owner or operator of an affected source may request the Department’s approval to use Federal Conditional Test Method 039 as an alternative method on a case-by-case basis in accordance with § 139.12(d) and the Source Testing Manual referenced in § 139.4(5). Condensable PM is defined in § 1.3.1.3 of the Source Testing Manual, regarding definitions, as ‘‘The sum of the condensable organic particulate and the condensable inorganic particulate as determined by EPA Method 202 or an equivalent method.’’

A commentator recommended that the Board confirm that this rulemaking action will not affect the annual inventory required under § 135.3 (relating to reporting).The commentator asserted that operators are not currently required to include condensable emissions in the emission inventory. The Board agrees that this final-form rulemaking does not affect annual emission statementreporting requirements under § 135.21 (relating to emission statements) or annual emission inventory reporting requirements under § 135.3. Owners and operators of aircontamination sources subject to those reporting requirements are presently required to report emissions of PM-10 and PM 2.5 in accordance with the Department’sInstructions for Completing the Annual Emission Statement Reporting Forms. The Board disagrees with the commentator’s assertion that operators are not currently required to include condensable emissions in the emissioninventory. Condensable particulate emissions are a component of PM 2.5 and PM-10.

A commentator recommended that the Board clarifyand address whether condensable emissions will be considered a regulated pollutant for purposes of calculating the Title V annual emission fees required under § 127.705 (relating to emission fees). IRRC noted it would review the Board’s response to this comment as part of its determination of whether the final-form regulation is in the public interest. The Board responds that condensablePM emissions are already regulated pollutants and required to be included in the accounting of a facility’semissions of PM and reported for the purposes of calculating the Title V annual emission fees required under § 127.705. The final-form rulemaking does not add a separate fee for condensable PM emissions.

IRRC commented that § 139.12(d) is not clear regarding who makes the determination that a test method or procedure is equivalent to those specified in the Source Testing Manual. IRRC recommended that the subsection be revised to clarify who makes the determination. The Board agrees and clarifies that an owner or operator of a facility who wishes to use an alternative test method or procedure in place of a Commonwealth-specific test method or procedure specified in the Source Testing Manual must obtain the Department’s prior written approval. In these cases, the Department would review the documentation provided by the owner or operator thatdemonstrates that the alternative test method or procedure provides results that are equivalent and would issuea written determination to the owner or operator. However, the EPA would review the documentation and make the determination of whether an alternative test method or procedure is equivalent to a test requirement required under a Federal law or regulation.

IRRC requested that the Board consider crossreferencing § 139.5 to clarify how the Department revisesthe Source Testing Manual. In response to IRRC’s request, the Board added final-form § 139.12(e) to crossreference § 139.5 as follows: The Source Testing Manualreferenced in § 139.4(5) is subject to revision in accordance with the procedures in § 139.5 (relating to revisions to the source testing manual and continuous monitoring manual).

G. Benefits, Costs and Compliance

Benefits

The final-form rulemaking accounts for emissions of condensable PM, which contribute to the formation of PM 2.5 in the atmosphere. Because condensable emissions exist almost entirely in the 2.5 micrometer range andsmaller, and epidemiological studies have shown a significant correlation between elevated PM 2.5 levels and premature death, aggravation of heart and lung disease and asthma attacks, attaining and maintaining the PM2.5 NAAQS is inherently more significant to the management of public health and welfare effects than attaining andmaintaining prior PM NAAQS addressing larger particles. Therefore, it is important that the Commonwealth’s air quality management of PM 2.5 promote a comprehensive and inclusive approach to measuring condensable PM emissions. Improved data will support development ofbetter control strategies to reduce emissions of condensable PM and improve public health and welfare in areas that are designated as nonattainment for PM 2.5 . 

### RULES AND REGULATIONS 2239

**PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014**Compliance CostsBecause this final-form rulemaking updates and clarifies the applicability of certain requirements to which owners and operators of certain stationary sources arealready subject, the final-form rulemaking does not impose new or additional requirements or compliance costs on the owners and operators of these existing stationary

sources. Compliance Assistance Plan

The regulated community is comprised of companies with sophisticated and experienced environmental staff. The owners and operators of these facilities have prior experience with regulatory programs and are technically capable of implementing the amended EPA test methods. The Department will post information on its web site to assist the public in understanding the requirements placed on the owners and operators of subject facilities. Paperwork Requirements

Because this final-form rulemaking updates and clarifies the applicability of certain requirements to which the owners and operators of certain stationary sources arealready subject, the final-form rulemaking does not impose additional paperwork requirements on the owners and operators of these existing stationary sources.

H. Pollution Prevention

The Pollution Prevention Act of 1990 (42 U.S.C.A.§§ 13101—13109) established a National policy that promotes pollution prevention as the preferred means forachieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporationof energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. The major pollution prevention mechanism in the final-form rulemaking is to ensure acomprehensive, inclusive and accurate approach to measuring condensable PM emissions. Improved data will support the development of better control strategies to reduce emissions of condensable PM and improve public health and welfare in areas that are designated as nonattainment for PM 2.5 . I. Sunset Review

This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether regulations effectively fulfill the goals for which they were intended.

J. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 22, 2012, the Department submitted a copy of the notice of proposed rulemaking, published at 42 Pa.B. 4363 (July 7, 2012), to IRRC and the Chairpersons of the House and Senate EnvironmentalResources and Energy Committees for review and comment.

Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the publiccomment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public. Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on February 26, 2014, the final-form rulemaking was deemed approved by the House andSenate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on February 27, 2014, and approved the final-form rulemaking.

K. Findings

The Board finds that:

(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.

(2) At least a 60-day public comment period was provided as required by law and the comments were considered.

(3) This final-form rulemaking does not enlarge the purpose of the proposed rulemaking published at 42 Pa.B. 4363.

(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.

(5) These regulations are necessary and appropriate to implement provisions of the CAA.

L. Order

The Board, acting under the authorizing statutes, orders that:

(a) The regulations of the Department, 25 Pa. Code Chapters 121 and 139, are amended by amending §§ 121.1, 139.12 and 139.53 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.

(c) The Chairperson of the Board shall submit this order and Annex A to the Independent Regulatory Review Commission and the Committees as required by the Regulatory Review Act.

(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

(e) This final-form rulemaking will be submitted to the EPA as an amendment to the Pennsylvania SIP.

(f) This order shall take effect upon publication in the Pennsylvania Bulletin

. E. CHRISTOPHER ABRUZZO, Chairperson

(Editor’s Note : For the text of the order of the Independent Regulatory Review Commission relating to this document, see 44 Pa.B. 1534 (March 15, 2014).)

Fiscal Note: Fiscal Note 7-477 remains valid for the final adoption of the subject regulations. 

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**PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014**Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF NATURAL RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise:

***** Computer diskette jacket manufacturing adhesive—Anadhesive intended by the manufacturer to glue the foldover flaps to the body of a vinyl computer diskette jacket.

Condensable particulate matter—Material that is vapor phase at stack conditions but which condenses or reacts, or both, upon cooling and dilution in the ambient air to form solid or liquid particulate matter immediately after discharge from the stack. All condensable particulate matter, if present from a source, is typically in the PM 2.5 size fraction and therefore all of it is a component of both PM 2.5 and PM-10.

Confined space—A space that is the following: (i) Large enough and so configured that an employee can enter and perform assigned work.

(ii) Has limited or restricted means for entry or exit— for example, fuel tanks, fuel vessels and other spaces that have limited means of entry.

(iii) Not suitable for continuous employee occupancy.

***** Fiberglass—

(i) For purposes of §§ 129.301—129.310 (relating to control of NO

x emissions from glass melting furnaces), material consisting of fine filaments of glass that are combined into yarn and woven or spun into fabrics, or that are used as reinforcement in other materials or in masses as thermal or as acoustical insulating product.

(ii) For purposes of §§ 129.77 and 130.702 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and emission standards), a material consisting of extremely fine glass fibers.

Filterable particulate matter—Particles directly emitted by a source as a solid or liquid at the stack, or similar release conditions, and captured on the filter of a stack test train.

Final repair coat—Liquids applied to correct imperfections or damage to the topcoat.

*****

CHAPTER 139. SAMPLING AND TESTING
Subchapter A. SAMPLING AND TESTING METHODS AND PROCEDURES

STATIONARY SOURCES § 139.12. Emissions of particulate matter.

(a) Tests for determining emissions of filterable particulate matter from stationary sources to demonstrate compliance with the particulate matter emission standards in §§ 123.11—123.13 (relating to combustion units;incinerators; and processes) shall conform with the following:

(1) Test methods for particulate matter emissions shallinclude dry filters and provide for at least a 95% collection efficiency of particulate matter.

(2) Isokinetic sampling procedures shall be used in sampling for particulate matter emissions and the weightdetermined gravimetrically after the removal of uncombined water.

(3) Test methods and procedures shall be equivalent to those specified in § 139.4(5) (relating to references). The equipment shall be inert where appropriate and similar to that specified in § 139.4(1).

(4) The minimum sampling time shall be 1 hour or as specified in an applicable standard or by the Department and the minimum sample volume shall be 50 cubic feet oras specified in an applicable standard or by the Department, corrected to standard conditions (dry basis).

(5) Results shall be calculated based upon sample train component weights specified in § 139.4(5). Results shall be reported as pounds of particulate matter per hour and in accordance with the units specified in §§ 123.11— 123.13.

(b) The owner or operator of a stationary source subject to emission limitations for PM-10 and PM2.5 or to applicability determinations required under Chapter 127, Subchapters D and E (relating to prevention of significant deterioration of air quality; and new source review) shall demonstrate compliance for filterable and condensable PM-10 and PM 2.5 emissions.

(c) Compliance with a particulate matter, PM-10 or PM 2.5 emission limitation issued by the Department prior to January 1, 2011, will not be based on condensable particulate matter unless required under the terms and conditions of a plan approval, operating permit or the State Implementation Plan codified in 40 CFR 52.2020 (relating to identification of plan).

(d) A compliance demonstration required under subsection (b) or (c) must include the measurement and reporting of filterable and condensable particulate matter. Test methods and procedures used to determine compliance must be equivalent to those specified in § 139.4(5). An owner or operator must obtain the Department’s prior written approval for the use of methods and procedures that are not prescribed in the Source Testing Manual.

(e) The Source Test Manual referenced in § 139.4(5) is subject to revision in accordance with the procedures in § 139.5 (relating to revisions to the source testing manual and continuous source monitoring manual).
Subchapter B. MONITORING DUTIES OF CERTAIN SOURCES

GENERAL
§ 139.53. Filing monitoring reports.

(a) Persons responsible for the operation of sources subject to monitoring requirements established by order, by condition of plan approval or permit or under this subchapter, shall submit periodic reports of the results of tests, samples or observations conducted, obtained or made in accordance with the methods or techniques referenced in § 139.52 (relating to monitoring methods and techniques). The reports shall be: 

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(2) Sworn by the person exercising managerial responsibility over the operation of the source for which monitoring is required.

(3) Submitted on the schedule established by order, condition of plan approval or permit or this subchapter.

(4) Submitted to the Regional Air Program Manager for the region of the Department in which the source is located and a copy to the Chief of the Division of Source Testing and Monitoring.

(b) In addition to the information required by subsection (a) the Department may, by use of a standard form or by written notice, require information regarding test methods, test conditions, operating conditions of the source or other information which may be necessary to properly evaluate the results of emissions monitoring performed at a source.

[Pa.B. Doc. No. 14-763. Filed for public inspection April 11, 2014, 9:00 a.m.]



# Title 49—PROFESSIONAL **AND VOCATIONAL STANDARDS** 

**STATE BOARD OF BARBER EXAMINERS** 

### [ **49 PA. CODE CH. 3** 

### ]

**Fees**

The State Board of Barber Examiners (Board) amends § 3.103 (relating to fees) to read as set forth in Annex A. The final-form rulemaking increases the biennial license renewal fees for all licensees of the Board and adjusts certain application fees to cover the costs of processing those applications.
Effective Date

The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin . The new application fees will be implemented immediately upon publication of the final-form rulemaking. The new biennial renewal fees will take effect for the biennial renewal period beginning May 1, 2014.
Statutory Authority

Section 14(b) of the act of June 19, 1931 (P. L. 589, No. 202) (63 P. S. § 564(b)), known as the Barbers’ LicenseLaw (act), requires the Board to increase fees by regulation to meet or exceed projected expenditures if the revenues raised by fees, fines and civil penalties are not sufficient to meet expenditures over a 2-year period.
Background and Need for Amendment

Under section 14 of the act, the Board is required bylaw to support its operations from the revenue it generates from fees, fines and civil penalties. In addition, the act provides that the Board must increase fees if the revenue raised by fees, fines and civil penalties is not sufficient to meet expenditures over a 2-year period. The Board raises the vast majority of its revenue through biennial renewal fees. A small percentage of its revenue comes from application fees and civil penalties. The biennial renewal fees have not been increased since the final-form rulemaking published at 18 Pa.B. 2106 (May 7, 1988). Biennial renewal fees support the generaloperations of the Board. Licensees are charged the biennial renewal fees when they renew their licenses which expire on April 30 of even-numbered years. Application fees, on the other hand, are intended to offset the costs associated with the processing of the various applications and related inspections. The last time application fees were adjusted was in 2001. See 31 Pa.B. 1225 (March 3, 2001).

At the June 25, 2012, Board meeting, representatives from the Department of State’s Bureau of Finance and Operations (BFO) presented a summary of the Board’s revenue and expenses for Fiscal Year (FY) 2009-2010 and FY 2010-2011 and projected revenue and expenses through FY 2014-2015. The BFO pointed out that as of June 2012, in spite of it being a renewal year, the Board incurred a deficit of $46,816.71. Projected revenues for FY2012-2013, a nonrenewal year, were estimated at approximately $85,000. However, the Board’s projected expenditures for the current fiscal year are in the area of $640,000, resulting in a projected deficit as of June 2013 of $601,816.71. The BFO projected that, without an increase to the biennial renewal fees, the Board will incur additional deficits totaling approximately $686,816.71 in FY 2013-2014 and $1,281,816.71 in FY 2014-2015. At that time, the BFO recommended that the Board consider increasing the biennial renewal fees by 205% to recoup the existing deficits and provide adequate revenues to meet the Board’s operational needs. The Board voted to table the matter until the August 2012 meeting and asked the BFO to provide them with some options.

Thereafter, representatives from the BFO returned to the August 20, 2012, Board meeting. At that time, they presented the Board with various options. The Board selected an option that would raise biennial renewal fees by 200% which would eliminate all deficits by the end of FY 2017-2018 and provide a positive, albeit declining, balance in the Board’s account through FY 2023-2024. The Board previously voted to adjust certain application fees to more appropriately reflect the current costs of processing the applications. These adjustments were also included in the proposed rulemaking. Summary of Comments

The Board published the proposed rulemaking at 43 Pa.B. 1854 (April 6, 2013) with a 30-day public comment period. The Board did not receive comments from the public. On May 24, 2013, the Board received comments from the House Professional Licensure Committee (HPLC). On June 5, 2013, the Independent Regulatory Review Commission (IRRC) submitted comments to the Board.

The HPLC requested additional information pertaining to the major cost centers of the Board and explaining any significant increases in its expenditures. IRRC indicated that it would review the Board’s response to the HPLC’s comment as part of its determination of whether the rulemaking is in the public interest. Response by the Board

In response, the Board first notes that it has been over 1 year since the BFO first met with the Board suggesting that a fee increase was necessary. Therefore, the Board asked the BFO to provide an updated analysis of the Board’s fiscal situation based on current data. The BFO provided updated information to the Board which was discussed at the Board’s regularly scheduled meeting on August 19, 2013. Two changes in the Board’s current 

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