(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. For

purposes 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 Protection

Manager 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 Particulate 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 methods

are 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; and

processes). The amendments to § 139.12(b) and (c) explain the process used for determining compliance with

filterable and condensable PM emission limitations. The

amendment 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 and

definitions 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, PA

17105-8468, (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 the

Board 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 diameters

larger than 2.5 micrometers and smaller than 10 micrometers (PM-10), and ‘‘fine particles,’’ with diameters that

are 2.5 micrometers and smaller (PM2.5). Epidemiological

studies have shown a significant correlation between

elevated levels of PM2.5 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 the

applicable 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 PM2.5 as the indicator, at 62

FR 38652 (July 18, 1997). The EPA set the health-based

(primary) and welfare-based (secondary) PM2.5 annual

standard at a level of 15 micrograms per cubic meter

(μg/m3

) and the 24-hour standard at a level of 65 μg/m3.

The health-based primary standard is designed to protect

human health from elevated levels of PM2.5. The secondary standard is designed to protect against major environmental effects of PM2.5 such as visibility impairment,

soiling and materials damage.

The EPA lowered the primary and secondary 24-hour

NAAQS for PM2.5 to 35 μg/m3 from 65 μg/m3 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

PM2.5 emissions from stationary sources that are significant contributors of primary PM-10 and PM2.5 emissions.

Section 51.50 of 40 CFR (relating to what definitions

apply to this subpart) defines primary PM-10 and PM2.5

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 immediately

after discharge from the stack. The Commonwealth defines primary PM-10 and PM2.5 in a similar manner as

measured 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 PM2.5 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 mean

aerodynamic diameters less than or equal to 2.5 micrometers (PM2.5 or fine PM). The final amendments to

Method 202 revise the sample collection and recovery

procedures of the method to reduce the formation of

reaction 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 PM2.5

emission limitations shall demonstrate compliance with

those 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 air

quality; 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 PM2.5 emission limitation must include

condensable PM.

Final-form § 139.12(d) explains the compliance demonstration process for the measurement and reporting of

filterable 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.

RULES AND REGULATIONS 2237

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 have

comments 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 and

Regulatory Oversight Committee (Committee) on February 6, 2013. On the recommendation of the Committee, on

February 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 are

already 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

PM2.5 NAAQS and to satisfy related CAA requirements.

The final-form rulemaking will be submitted to the EPA

upon 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 were

not 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 PM2.5 or to applicability determinations required under Chapter 127, Subchapters D and E shall

demonstrate compliance for both filterable and condensable PM-10 and PM2.5 emissions.

Subsection (c) provides that compliance with a PM,

PM-10 or PM2.5 emission limitation issued by the Department prior to January 1, 2011, may not be based on

condensable 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 to

the 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 would

clarify 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 Board

either 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 PM2.5 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 be

considered prospectively for both emission limitation compliance demonstrations and major New Source Review

program applicability determinations. The Board disagrees that the additional language is necessary. The

final-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 (PM2.5), 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, PM10 or PM2.5 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. The

Board 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) to

clarify 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 PM2.5 demonstrate compliance

for filterable and condensable PM-10 and PM2.5 emissions. The first sentence in § 139.12(d) requires the

demonstration of compliance specified in § 139.12(b) to be

made 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 condensable

emissions 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 filterable

and 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 statement

reporting requirements under § 135.21 (relating to emission statements) or annual emission inventory reporting

requirements under § 135.3. Owners and operators of air

contamination sources subject to those reporting requirements are presently required to report emissions of

PM-10 and PM2.5 in accordance with the Department’s

Instructions 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 emission

inventory. Condensable particulate emissions are a component of PM2.5 and PM-10.

A commentator recommended that the Board clarify

and 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 condensable

PM emissions are already regulated pollutants and required to be included in the accounting of a facility’s

emissions 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 that

demonstrates that the alternative test method or procedure provides results that are equivalent and would issue

a 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 revises

the 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 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 monitoring

manual).

G. Benefits, Costs and Compliance

Benefits

The final-form rulemaking accounts for emissions of

condensable PM, which contribute to the formation of

PM2.5 in the atmosphere. Because condensable emissions

exist almost entirely in the 2.5 micrometer range and

smaller, and epidemiological studies have shown a significant correlation between elevated PM2.5 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 and

maintaining prior PM NAAQS addressing larger particles. Therefore, it is important that the Commonwealth’s

air quality management of PM2.5 promote a comprehensive and inclusive approach to measuring condensable PM

emissions. Improved data will support 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 PM2.5.

RULES AND REGULATIONS 2239

PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014
Compliance Costs

Because this final-form rulemaking updates and clarifies the applicability of certain requirements to which

owners and operators of certain stationary sources are

already 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 are

already 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 for

achieving 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 incorporation

of 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 a

comprehensive, 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 PM2.5.

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 Environmental

Resources 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 public

comment 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 and

Senate 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.

2240 RULES AND REGULATIONS

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—An

adhesive 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 PM2.5

size fraction and therefore all of it is a component of both

PM2.5 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 NOx 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 shall

include 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 weight

determined 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 or

as 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 PM2.5 emissions.

(c) Compliance with a particulate matter, PM-10 or

PM2.5 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:

RULES AND REGULATIONS 2241

PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014
(1) Submitted on forms supplied or in a format specified by the Department.

(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’ License

Law (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 by

law 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 general

operations 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 FY

2012-2013, 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

2242 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 44, NO. 15, APRIL 12, 2014