pennsyLvania 

DEPARTMENT OF ENVIRONMENTAL PROTECTION 

SECRETARY 

September 23, 2011 

Mr. Shawn M. Garvin 

Regional Administrator 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street (Mail Code: 3RAOO) 

Philadelphia, PA 19103-2029 

Dear Mr. Garvin: 

Enclosed for your approval is a revision to Pennsylvania's State Implementation Plan (SIP) 

concerning amendments to 25 Pa. Code Chapters 121 and 127 (relating to general provisions; 

and construction, modification, reactivation and operation of sources). The final rulemaking, 

which limits the emissions of fine particulate matter (PM2.5) and PM2.5 precursors including 

nitrogen oxides and sulfur dioxide for new or modified major sources in nonattainment areas, 

amends the existing nonattainment new source review requirements in Chapter 127, 

Subchapter E (relating to new source review) to incorporate the May 2008 Federal requirements 

for PM2,S and PM2.Sprecursor emissions. Clarifying amendments for Chapter 127 are also made 

in the final rulemaking. The final rulemaking also amends § 121.1 (relating to definitions) to add 

a new term and definition, amends the definitions of two existing terms, and deletes an existing 

term and definition to support the amendments to Chapter 127, Subchapter E. 

This SIP revision submission includes the final rulemaking notice published in the Pennsylvania 

Bulletin on September 3, 2011 (41 Pa.B. 4761), documentation of the public participation 

process including proof of public notice, and the Department of Environmental Protection's 

public comment and response document. The submittal includes two paper copies and one 

compact disk of electronic files. 

Should you have questions regarding this SIP revision, please contact Joyce E. Epps, Director, 

Bureau of Air Quality, bye-mail atjeepps@pa.govorbytelephoneat 717.787.9702. 

Secretary 

Enclosures 

Rachel Carson State Office Building I P.O. Box 2063 I Harrisburg, PA 17105-2063 

717.787.2814 . r;;:; Prmted on Recycled Paper <6<9 www.depweb.state.pa.us . 
PROPOSED RULEMAKING

ENVIRONMENTAL

QUALITY BOARD

[ 25 PA. CODE CHS. 121 and 127 ]

New Source Review

The Environmental Quality Board (Board) proposes to

amend Chapters 121 and 127 (relating to general provisions; and construction, modification, reactivation, and

operation of sources) as set forth in Annex A.

This notice is given under Board order at its meeting of

November 17, 2009.

A. Effective Date

These amendments will be effective upon publication in

the Pennsylvania Bulletin as final-form rulemaking.

These amendments will be submitted to the Environmental Protection Agency (EPA) as a revision to the

Pennsylvania State Implementation Plan (SIP) upon final

rulemaking.

B. Contact Persons

For further information, contact Krishnan

Ramamurthy, Chief, Division of Permits, Bureau of Air

Quality, 12th Floor, Rachel Carson State Office Building,

P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 783-

9476 or Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of

Regulatory Counsel, 9th floor, Rachel Carson State Office

Building, P. O. Box 8464, Harrisburg, PA 17105-8464,

(717) 787-7060.

Information regarding submitting comments on this

proposal appears in Section J of this preamble. Persons

with a disability may use the Pennsylvania AT&T Relay

Service by calling (800) 654-5984 (TDD users) or (800)

654-5988 (voice users). This proposal is available electronically through the Department of Environmental Protection’s (Department) web site at http://www.depweb.

state.pa.us (Select: Public Participation).

C. Statutory Authority

This action is being taken under the authority of

section 5(a)(1) of the Air Pollution Control Act (APCA) (35

P. S. § 4005(a)(1)), which grants to the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.

D. Background and Summary

On July 18, 1997, the EPA revised the National Ambient Air Quality Standard (NAAQS) for particulate matter

(PM) to add a new standard for fine particles, using fine

particulates equal to and less than 2.5 micrometers in

diameter (PM2.5) as the indicator. 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 (62 FR 38652). The health-based primary

standard is designed to protect human health from

elevated levels of PM2.5, which have been linked to

premature mortality and other important health effects.

The secondary standard is designed to protect against

major environmental effects of PM2.5 such as visibility

impairment, soiling and materials damage. The following

Counties in this Commonwealth have been designated

nonattainment for the 1997 fine particulate annual

NAAQS: Allegheny (Liberty-Clairton), Allegheny (remainder), Armstrong, Berks, Beaver, Bucks, Butler, Cambria,

Chester, Cumberland, Dauphin, Delaware, Greene, Indiana, Lancaster, Lawrence, Lebanon, Montgomery and

Philadelphia. See 70 FR 944 at 999 (January 5, 2005).

Subsequently, on October 17, 2006, the EPA revised the

primary and secondary 24-hour NAAQS for PM2.5 to 35

μg/m3 from 65 μg/m3 (71 FR 61236). The following

Counties or portions thereof have been designated by the

EPA as nonattainment for the 2006 fine particulate

24-hour NAAQS: Allegheny, Armstrong, Beaver, Bucks,

Butler, Cambria, Chester, Cumberland, Dauphin, Delaware, Greene, Indiana, Lancaster, Lawrence, Lebanon,

Lehigh, Montgomery, Northampton, Philadelphia, Washington, Westmoreland and York. See 74 FR 586 at p.

58758 (November 11, 2009).

On May 16, 2008, the EPA published its final rule for

the ‘‘Implementation of the New Source Review (NSR)

Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5),’’ (73 FR 28321). This Federal regulation

requires states with PM2.5 nonattainment areas to submit revised nonattainment NSR programs to the EPA for

SIP approval within 3 years from the date of publication

of the final rule, or by May 16, 2011.

The proposed rulemaking would amend the existing

nonattainment NSR requirements in Chapter 127,

Subchapter E (relating to new source review), to incorporate recently promulgated Federal requirements for

PM2.5 and PM2.5 precursors. The proposal would add

requirements to § 127.203a (relating to applicability determination) and other sections of Subchapter E to expand the applicability of the nonattainment NSR program

to include emissions of PM2.5 and sulfur dioxide (SO2)

and nitrogen oxide (NOx) precursors. Because the EPA

determined that there is considerable uncertainty related

to ammonia as a precursor for PM2.5, the proposal does

not require ammonia to be regulated as a PM2.5 precursor. Other clarifying amendments for Chapter 127 would

also be proposed.

The proposed rulemaking applies to construction of

major stationary sources and major modifications at

major stationary sources. A stationary source is a ‘‘major

source’’ if its actual emissions or its potential to emit for a

specific pollutant equals or exceeds the major source

threshold for that pollutant. The PM2.5 threshold for new

sources is 100 tons per year of PM2.5. The PM2.5

threshold for major modifications at existing sources is 10

tons per year of PM2.5.

The proposed rulemaking would help assure that the

citizens of this Commonwealth will benefit from reduced

emissions of PM2.5 and PM2.5 precursors from regulated

sources. Attaining and maintaining levels of PM2.5 below

the health- and welfare-based NAAQS is important to

reduce premature mortality and other health and environmental effects associated with PM2.5 exposure. To the

extent that any of the proposed revisions are more

stringent than any Federal requirements, these revisions

are reasonably necessary in order to attain and maintain

the PM2.5 NAAQS.

The Department worked with the Air Quality Technical

Advisory Committee (AQTAC) in the development of this

proposed rulemaking. At its May 28, 2009, meeting, the

AQTAC concurred with the Department’s recommendation to seek Board approval of the proposed rulemaking.

The Department also consulted with the Citizens Advisory Council on July 21, 2009.

703

PENNSYLVANIA BULLETIN, VOL. 40, NO. 6, FEBRUARY 6, 2010
E. Summary of Regulatory Revisions

The proposed amendments add a new term and definition, ‘‘PM2.5,’’ under § 121.1 (relating to definitions). The

proposed amendments amend the definitions of the following existing terms under § 121.1 to include the requirements for PM2.5: ‘‘regulated NSR pollutant’’ and

‘‘significant.’’ In addition the proposed amendments delete

an existing term and definition, ‘‘maximum allowable

emissions,’’ under § 121.1.

Section 127.201 (relating to general requirements) is

proposed to be amended to include a new subsection (g).

Under subsection (g), gaseous emissions that condense to

form PM at ambient temperatures will be included in

PM2.5 and PM-10 emissions in accordance with the

following requirements: beginning January 1, 2011, or an

an earlier date established by the Administrator of the

EPA, condensable PM shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM-10 in permits issued under this

subchapter; compliance with emissions limitations for

PM2.5 and PM-10 issued prior to January 1, 2011, or an

earlier date established by the Administrator, will not be

based on condensable PM unless required by the terms

and conditions of a plan approval, operating permit or the

SIP; and applicability determinations made prior to January 1, 2011, or earlier date established by the Administrator, without accounting for condensable PM shall not be

considered in violation of this subchapter unless the

applicable plan approval, operating permit or SIP includes requirements for condensable PM.

Section 127.201a (relating to measurements, abbreviations and acronyms) is proposed to be amended to include

the following acronyms: ‘‘PM2.5’’ and ‘‘PM-10.’’ In addition, other minor editorial changes are proposed for this

section.

Section 127.202 (relating to effective date) is proposed

to be amended to include references to PM2.5.

Section 127.203 (relating to facilities subject to special

permit requirements) is proposed to be amended under

subparagraph (b)(1)(i) to provide that the aggregated

VOC or NOx emissions must meet the applicability

requirements of paragraph (2) or (3). Paragraphs (2) and

(3) of subsection (b) are proposed to be amended to clarify

that emissions from a proposed project are included in the

applicability provisions.

Section 127.203a (relating to applicability determination) is proposed to be amended to include the following

requirements under subsection (a): the owner or operator

of the facility shall include in the plan approval application the estimate of an emissions increase in a regulated

NSR pollutant from the project; the owner or operator

shall calculate an emissions increase in a regulated NSR

pollutant from a project in accordance with paragraph (1);

if the emissions increase from a project equals or exceeds

the applicable emissions rate that is significant, the

owner or operator shall calculate a net emissions increase

in accordance with paragraph (1)(ii); and if the emissions

increase from a project does not exceed the listed applicable emissions rate that is significant, the owner or

operator shall calculate the net emissions increase in

accordance with paragraph (2).

In addition, minor editorial changes are proposed to be

made to this section as well.

Section 127.204 (relating to emissions subject to this

subchapter) is proposed to be amended to include some

minor editorial changes.

Section 127.206 (relating to ERC general requirements)

is proposed to be amended to clarify under subsection (o)

that an emission reduction credit (ERC) created for a

regulated criteria pollutant may be used for interpollutant offsetting authorized under this subchapter. The

‘‘amnesty period’’ dates under subsection (r) relating to

when emission reductions may be used to generate ERCs

are proposed to be amended to specify that emission

reductions occurring at a facility after April 5, 2005, but

prior to the effective date of adoption of this proposed

rulemaking may be used to generate ERCs in accordance

with this subchapter, if a complete ERC registry application is submitted to the Department by the date 12

months after the effective date of this proposed rulemaking. In addition, other minor editorial changes are

proposed for this section.

Section 127.210 (relating to offset ratios) is proposed to

be amended to include, among other things, interpollutant offsetting ratios for SO2 and NOx. This section is

further proposed to be amended to provide that the

emissions offsets shall be of the same NSR-regulated

pollutant unless interpollutant offsetting is authorized for

a particular pollutant as specified. The offset requirements for PM2.5 emissions or emissions of a PM2.5

precursor may be satisfied by offsetting PM2.5 emissions

or emissions of PM2.5 precursors. The emissions offset

ratio for PM2.5 is 1 ton per year (tpy) of PM2.5 to 1 tpy of

PM2.5. The emissions offset ratio for PM2.5 precursors is

one tpy of SO2 to 1 tpy of SO2 and 1 tpy of NOx to 1 tpy

of NOx. The PM2.5 interpollutant trading ratio is 40 tpy

of SO2 to 1 tpy of PM2.5, and 200 tpy of NOx to 1 tpy of

PM2.5.

F. Benefits, Costs and Compliance

Benefits

Overall, the citizens of this Commonwealth will benefit

from this proposed rulemaking because it would help to

reduce emissions of PM2.5 from major stationary sources.

Attaining and maintaining levels of PM2.5 below the

health- and welfare-based NAAQS is important to reduce

premature mortality and other health effects associated

with PM2.5 exposure. Reductions in ambient levels of

PM2.5 would also promote improved animal health and

welfare, improved visibility, decreased soiling and materials damage and decreased damage to plants and trees.

Compliance Costs

The owners and operators of new or modified major

facilities would be affected by adoption of the proposed

amendments as final-form rulemaking. There are approximately 700 major facilities in this Commonwealth that

may be subject to the existing NSR rules if major

modifications to those facilities are proposed. The majority of those facilities affected by these regulatory changes

are already subject to the existing NSR provisions in

Chapter 127, Subchapter E, and also to the requirements

of 40 CFR Part 51, Appendix S (relating to emission offset

interpretative ruling). It is not anticipated that significant additional costs would be incurred by the affected

companies. These proposed amendments would provide

increased flexibility for the owners and operators of

affected facilities by allowing exchanges of interpollutant

offsets.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the newly

revised requirements and how to comply with them. This

will be accomplished through the Department’s ongoing

compliance assistance program.

704 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 6, FEBRUARY 6, 2010
Paperwork Requirements

There are no additional paperwork requirements associated with this proposed rulemaking that industry would

need to comply with.

G. Pollution Prevention

The Federal Pollution Prevention Act of 1990 (42 USCA

§§ 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 proposed rulemaking does

not directly promote a multimedia approach. The reduced

levels of PM2.5, however, would benefit water quality

through reduced soiling and quantities of sediment that

may run off into waterways. Reduced levels of PM2.5

would therefore promote improved aquatic life and

biodiversity, as well as improved animal and plant life on

land.

H. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulations effectively fulfill the

goals for which they were intended.

I. Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on January 27, 2010, the Department

submitted a copy of these proposed amendments to the

Independent Regulatory Review Commission (IRRC) and

the Chairpersons of the House and Senate Environmental

Resources and Energy Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the Committees with a copy

of a detailed Regulatory Analysis Form prepared by the

Department. A copy of this material is available to the

public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed amendments within 30 days of the

close of the public comment period. The comments, recommendations or objections shall specify the regulatory

review criteria that have not been met. The Regulatory

Review Act specifies detailed procedures for review of

these issues by the Department, the General Assembly

and the Governor prior to final publication of the regulations.

J. Public Comments

Written Comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed regulation to the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail:

Rachel Carson State Office Building, 16th Floor, 400

Market Street, Harrisburg, PA 17101-2301). Comments

submitted by facsimile will not be accepted. Comments,

suggestions or objections must be received by the Board

by April 12, 2010. Interested persons may also submit a

summary of their comments to the Board. The summary

may not exceed one page in length and must also be

received by the Board by April 12, 2010. The one-page

summary will be provided to each member of the Board

in the agenda packet distributed prior to the meeting at

which the final regulation will be considered.

Electronic Comments—Comments may be submitted

electronically to the Board at RegComments@state.pa.us

and must also be received by the Board by April 12, 2010.

A subject heading of the proposal and a return name and

address must be included in each transmission. If the

sender does not receive an acknowledgement of electronic

comments within 2 working days, the comments should

be retransmitted to the Board to ensure receipt.

K. Public Hearings

The Board will hold public hearings in Pittsburgh,

Norristown and Harrisburg for the purpose of accepting

comments on this proposal. The hearings will be held as

follows:

Department of Environmental Protection March 9, 2010

Southwest Regional Office 1:00 p.m.

Waterfront Conference Room A and B

400 Waterfront Drive

Pittsburgh, PA 15222-4745

Department of Environmental Protection March 10, 2010

Southeast Regional Office 1:00 p.m.

Delaware Conference Room

2 East Main Street

Norristown, PA 19401

Department of Environmental Protection March 12, 2010

Southcentral Regional Office 1:00 p.m.

Susquehanna A Conference Room

909 Elmerton Avenue

Harrisburg, PA 17110

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526, at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans With Disabilities Act of 1990 should

contact the Board at (717) 787-4526 or through the

Pennsylvania AT&T Relay Service at (800) 654-5984

(TDD) or (800) 654-5988 (voice users) to discuss how the

Board may accommodate their needs.

JOHN HANGER,

Chairperson

Fiscal Note: 7-450. No fiscal impact; (8) recommends

adption

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:

PROPOSED RULEMAKING 705

PENNSYLVANIA BULLETIN, VOL. 40, NO. 6, FEBRUARY 6, 2010
*****

[ Maximum allowable emissions—The emission

rate calculated using the maximum rated capacity

of the source unless the source is subject to enforceable permit conditions which limit operating

rate or hours of operation, or both, and the most

stringent of the following:

(i) Applicable new source performance standards

or standards for hazardous pollutants in 40 CFR

Parts 60 and 61.

(ii) Applicable emission limitation under this

title.

(iii) The emission rate specified as an enforceable

permit. ]

*****

PM2.5—Particulate matter with an aerodynamic

diameter of less than or equal to a nominal 2.5

micrometer body as measured by the applicable

reference method or an equivalent method.

*****

Regulated NSR pollutant—

*****

(iii) A pollutant that is a constituent or precursor of a

pollutant listed under subparagraph (i) or (ii), if the

constituent or precursor pollutant may only be regulated

under NSR as part of regulation of the pollutant listed

under subparagraph (i) or (ii). Precursors identified by

the Administrator of the EPA for purposes of NSR

are the following:

(A) VOCs and NOx are precursors to ozone in all

ozone nonattainment areas.

(B) SO2 and NOx are precursors to PM2.5 in all

PM2.5 nonattainment areas.

(iv) PM2.5 and PM-10 emissions, including gaseous emissions from a facility or activity that condense to form particulate matter at ambient temperatures, as specified in § 127.201(g) (relating to

general requirements).

*****

Significant—

(i) In reference to a net emissions increase or the

potential of a facility to emit one of the following

pollutants at a rate of emissions that would equal or

exceed the following emissions rates except as specified in

subparagraphs (ii)—(v):

Pollutant Emissions Rate

Carbon monoxide (CO): 100 TPY

Nitrogen oxides (NOx): 40 TPY

Sulfur oxides (SOx): 40 TPY

Ozone: 40 TPY of VOCs or NOx

Lead: 0.6 TPY

PM-10: 15 TPY

PM2.5: 10 TPY of PM2.5; 40 TPY

of SO2; 40 TPY of NOx

*****

CHAPTER 127. CONSTRUCTION, MODIFICATION,

REACTIVATION AND OPERATION OF SOURCES

Subchapter E. NEW SOURCE REVIEW

§ 127.201. General requirements.

*****

(g) PM2.5 and PM-10 emissions include gaseous

emissions from a facility or activity that condense

to form PM at ambient temperatures, if present, in

accordance with the following requirements:

(1) Beginning January 1, 2011, or an earlier date

established by the Administrator of the EPA, condensable PM shall be accounted for in applicability

determinations and in establishing emissions limitations for PM2.5 and PM-10 in permits issued

under this subchapter.

(2) Compliance with emissions limitations for

PM2.5 and PM-10 issued prior to January 1, 2011, or

an earlier date established by the Administrator,

may not be based on condensable PM unless required by the terms and conditions of a plan

approval, operating permit or the SIP.

(3) Applicability determinations made prior to

January 1, 2011, or an earlier date established by

the Administrator, without accounting for condensable PM may not be considered in violation of this

subchapter unless the applicable plan approval,

operating permit or SIP includes requirements for

condensable PM.

§ 127.201a. Measurements, abbreviations and acronyms.

Measurements, abbreviations and acronyms used in

this subchapter are defined as follows:

[ BAT—Best available technology ]

BACT—Best available control technology

BAT—Best available technology

CEMS—Continuous emissions monitoring system

CERMS—Continuous emissions rate monitoring system

CO—Carbon monoxide

CPMS—Continuous parametric monitoring system

[ CO—Carbon monoxide ]

ERC—Emission reduction credit

LAER—Lowest achievable emission rate

lb—Pounds

MACT—Maximum achievable control technology

MERC—Mobile emission reduction credit

μg/m3

—Micrograms per cubic meter

mg/m3

—Milligrams per cubic meter

NOx—Nitrogen oxides

NSPS—New source performance standard

NSR—New source review

[ PEMS—Predictive emissions monitoring system

lb—Pounds

μg/m3

—Micrograms per cubic meter

MERC—Mobile emission reduction credit

mg/m3

—Milligrams per cubic meter

NOx—Nitrogen oxides ]

O2—Oxygen

PAL—Plantwide Applicability Limit

PEMS—Predictive emissions monitoring system

PM—Particulate matter

706 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 6, FEBRUARY 6, 2010
PM2.5—Particulate matter less than or equal to

2.5 micrometers

PM-10—Particulate matter less than or equal to

10 micrometers

RACT—Reasonably available control technology

SOx—Sulfur oxides

TPY—Tons per year

VOC—Volatile organic compound

§ 127.202. Effective date.

(a) The special permit requirements in this subchapter

apply to an owner or operator of a facility to which a plan

approval will be issued by the Department after May 19,

2007, except for PM2.5, which will apply after

(Editor’s Note: The blank refers to the effective

date of adoption of this proposed rulemaking.).

(b) For SOx, PM2.5, PM-10, lead and CO, this

subchapter applies until a given nonattainment area is

redesignated as an unclassifiable or attainment area.

After a redesignation, special permit conditions remain

effective until the Department approves a permit modification request and modifies the permit.

§ 127.203. Facilities subject to special permit requirements.

*****

(b) The following provisions apply to an owner or

operator of a facility located in Bucks, Chester, Delaware,

Montgomery or Philadelphia County or an area classified

as a serious or severe ozone nonattainment area:

(1) The applicability requirements in § 127.203a (relating to applicability determination) apply except as provided by this subsection. The requirements of this

subchapter apply if the aggregated emissions determined

according to subparagraph (i) or (ii) exceed 25 TPY of

NOx or VOCs.

(i) The proposed increases and decreases in emissions

are aggregated with the other increases in net emissions

occurring over a consecutive 5 calendar-year period,

which includes the calendar year of the modification or

addition which results in the emissions increase. The

aggregated VOC or NOx emissions must meet the

applicability requirements of paragraph (2) or (3).

*****

(2) An increase in emissions of VOCs or NOx, other

than a de minimis emission increase, from a discrete

operation, unit or other pollutant emitting activity at a

facility with a potential to emit less than 100 TPY of

VOCs or NOx, including the emissions from the

proposed project, is considered a modification unless

the owner or operator elects to offset the increase by a

greater reduction in emissions of VOCs or NOx from other

operations, units or activities within the facility at an

internal offset ratio of at least 1.3 to 1. If the owner or

operator does not elect to offset at the required ratio, the

increase is considered a modification and the BACT

requirement is substituted for LAER. The owner or

operator of the facility shall comply with all applicable

requirements including the BAT requirement.

(3) An increase in emissions of VOCs or NOx, other

than a de minimis emission increase, from a discrete

operation, unit or other pollutant emitting activity at a

facility with a potential to emit of 100 TPY or more,

including the emissions from the proposed project,

is considered a modification unless the owner or operator

elects to offset the increase by a greater reduction in

emissions of VOCs or NOx from other operations, units or

activities within the facility at an internal offset ratio of

at least 1.3 to 1. If the owner or operator elects to offset

at the required ratio, the LAER requirement does not

apply. The owner or operator of the facility shall comply

with the applicable requirements including the BAT

requirement.

*****

§ 127.203a. Applicability determination.

(a) The Department will conduct an applicability determination during its review of a plan approval application

for the construction of a new major facility or modification

at an existing major facility under [ the following

provisions: ] this section. The owner or operator of

the facility shall include in the plan approval application the estimate of an emissions increase in a

regulated NSR pollutant from the project. The

owner or operator shall calculate an emissions

increase in a regulated NSR pollutant from a

project in accordance with paragraph (1). The

owner or operator shall calculate a net emissions

increase in accordance with paragraph (1)(ii), if the

emissions increase from a project equals or exceeds

the applicable emissions rate that is ‘‘significant’’ as

defined in § 121.1 (relating to definitions). If the

emissions increase from a project does not exceed

the listed applicable emissions rate that is significant, the owner or operator shall calculate the net

emissions increase in accordance with paragraph

(2).

(1) As part of the plan approval application, the owner

or operator of the facility shall calculate whether a

significant emissions increase and a significant net emissions increase will occur as a result of a physical change

or change in the method of operation. The owner or

operator of the facility shall use the procedures in

subparagraph (i) to calculate the emissions increase in a

regulated NSR pollutant due to the project, and the

procedures in subparagraph (ii) to calculate the net

emissions increase in a regulated NSR pollutant. A

project is a major modification for a regulated NSR

pollutant if it causes two types of emissions increases—a

significant emissions increase and a significant net emissions increase. If the project causes a significant emissions increase, the project is a major modification if it

also results in a significant net emissions increase.

(i) The emissions increase in a regulated NSR pollutant

due to the project will be the sum of the following:

(A) For existing emissions units, an emissions increase

of a regulated NSR pollutant is the difference between

the projected actual emissions and the baseline actual

emissions for each unit, as determined in paragraphs (4)

and (5). [ Exclude, in ] When calculating an increase in

emissions that results from the particular project, exclude that portion of the unit’s emissions following

completion of the project that existing units could have

accommodated during the consecutive 24-month period

used to establish the baseline actual emissions and that

is also unrelated to the particular project, including all

increased utilization due to product demand growth as

specified in paragraph (5)(i)(C).

*****

PROPOSED RULEMAKING 707

PENNSYLVANIA BULLETIN, VOL. 40, NO. 6, FEBRUARY 6, 2010
(2) As part of the plan approval application for a

proposed de minimis emission increase, the owner or

operator of the facility shall use subparagraphs (i) and (ii)

to calculate the net emissions increase. For a proposed de

minimis increase in which the net emissions increase

calculated using subparagraphs (i) and (ii) meets or

exceeds the emissions rate that is significant, only the

emissions offset requirements [ in § 127.205(3) (relating

to special permit requirements) ] of this subchapter

apply to the net emissions increase.

*****

§ 127.204. Emissions subject to this subchapter.

(a) In determining whether a project exceeds the emission rate that is significant or the significance levels

specified in § 127.203 (relating to facilities subject to

special permit requirements), the potential to emit, actual

emissions and actual emissions increase shall be determined by aggregating the emissions or emissions increases from contiguous or adjacent properties under the

common control of a person or entity. [ This includes ]

The aggregation must include emissions resulting

from the following: flue emissions, stack and additional

fugitive emissions, material transfer, use of parking lots

and paved and unpaved roads on the facility property,

storage piles and other emission generating activities

resulting from operation of the new or modified facility.

*****

§ 127.206. ERC general requirements.

*****

(o) An ERC created for a regulated criteria pollutant

shall only be used for offsetting or netting an emissions

increase involving the same criteria pollutant except

interpollutant offsetting authorized under this

subchapter.

(p) [ A ] The owner or operator of a source or

facility which has registered ERCs with the Department

may not exceed the emissions limitation or violate other

permit conditions established in generating the ERCs.

*****

(r) Emission reductions occurring at a facility after

[ January 1, 2002 ] April 5, 2005, but prior to [ May

19, 2007 ] (Editor’s Note: The blank refers to the

effective date of adoption of this proposed rulemaking.),

may be used to generate ERCs in accordance with this

subchapter, if a complete ERC registry application is

submitted to the Department by [ May 19, 2008 ]

(Editor’s note: The blank refers to the date 12 months

after the effective date of adoption of this proposed

rulemaking.).

§ 127.210. Offset ratios.

(a) The [ emission ] emissions offset ratios for NSR

purposes and ERC transactions subject to the requirements of this subchapter [ shall ] must be in an amount

equal to or greater than the ratios specified in the

following table:

Required Emission [ Reductions From ] Offsets For

Existing Sources, Expressed in Tons per Year

Pollutant/Area

Flue

Emissions

Fugitive

Emissions

PM-10 and SOx 1.3:1 5:1

Volatile Organic Compounds

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.3:1

1.3:1

1.3:1

1.3:1

NOx

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

Carbon Monoxide

Primary Nonattainment Areas 1.1:1 1.1:1

Lead 1.1:1 1.1:1

PM2.5

PM2.5 Nonattainment Area

PM2.5 1:1 1:1

PM2.5 Precursors

SO2 1:1 1:1

NOx 1:1 1:1

PM2.5 Interpollutant Trading

Ratios

SO2 40:1 40:1

NOx 200:1 200:1

(b) In complying with the emissions offset requirements of this subchapter, the emissions offsets

obtained shall be of the same NSR regulated pollutant unless interpollutant offsetting is authorized

for a particular pollutant as specified in subsection

(a). The offset requirements for PM2.5 emissions or

emissions of a PM2.5 precursor may be satisfied by

offsetting PM2.5 emissions or emissions of the

PM2.5 precursors SO2 or NOx.

[Pa.B. Doc. No. 10-221. Filed for public inspection February 5, 2010, 9:00 a.m.]

708 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 40, NO. 6, FEBRUARY 6, 2010
§ 93.9r. Drainage List R.

Ohio River Basin in Pennsylvania

Clarion River

Stream Zone County

Water Uses

Protected

Exceptions to

Specific Criteria

*****

4—Henry Run Basin Forest CWF None

4—Toms Run Basin, Source to Little

Hefren Run

Clarion EV None

5—Little Hefren Run Basin Clarion CWF None

4—Toms Run Basin, Little Hefren Run

to Mouth

Forest EV None

4—Cather Run Basin Clarion HQ-CWF None

*****

[Pa.B. Doc. No. 11-1501. Filed for public inspection September 2, 2011, 9:00 a.m.]

ENVIRONMENTAL QUALITY BOARD

[ 25 PA. CODE CHS. 121 AND 127 ]

New Source Review

The Environmental Quality Board (Board) amends

Chapters 121 and 127 (relating to general provisions; and

construction, modification, reactivation and operation of

sources) to read as set forth in Annex A.

This order was adopted by the Board at its meeting of

May 18, 2011.

A. Effective Date

This final-form rulemaking is effective upon publication

in the Pennsylvania Bulletin.

This final-form rulemaking will be submitted to the

United States Environmental Protection Agency (EPA) as

a revision to the Pennsylvania State Implementation Plan

(SIP) upon publication.

B. Contact Persons

For further information, contact Krishnan Ramamurthy, Chief, Division of Permits, Bureau of Air Quality,

12th Floor, Rachel Carson State Office Building, P. O. Box

8468, Harrisburg, PA 17105-8468, (717) 783-9476; or

Robert ‘‘Bo’’ Reiley, Assistant Counsel, Bureau of Regulatory Counsel, 9th Floor, Rachel Carson State Office

Building, P. O. Box 8464, 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 electronically through the Department of Environmental Protection’s (Department) web

site at www.depweb.state.pa.us (Keyword: Public Participation).

C. Statutory Authority

This final-form rulemaking is being made under the

authority of section 5(a)(1) of the Air Pollution Control

Act (APCA) (35 P. S. § 4005(a)(1)), which grants to the

Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.

D. Background and Summary

On July 18, 1997, the EPA revised the National Ambient Air Quality Standard (NAAQS) for particulate matter

(PM) to add a new standard for fine particles, using fine

particulates equal to and less than 2.5 micrometers in

diameter (PM2.5) as the indicator. 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 at 62 FR 38652 (July 18, 1997). The

health-based primary standard is designed to protect

human health from elevated levels of PM2.5, which have

been linked to premature mortality and other important

health effects. The secondary standard is designed to

protect against major environmental effects of PM2.5 such

as visibility impairment, soiling and materials damage. In

December 2004, the EPA designated all or portions of the

following counties in this Commonwealth as nonattainment areas for the 1997 fine PM annual NAAQS: Allegheny (partial), Armstrong (partial), Beaver, Berks,

Bucks, Butler, Cambria, Chester, Cumberland, Dauphin,

Delaware, Greene (partial), Indiana (partial), Lancaster,

Lawrence (partial), Lebanon, Montgomery, Philadelphia,

Pittsburgh/Liberty-Clairton (partial), Washington, Westmoreland and York. See 70 FR 944, 999 (January 5,

2005). No counties were designated nonattainment for the

1997 24-hour standard.

Subsequently, at 71 FR 61144 (October 17, 2006), the

EPA lowered the primary and secondary 24-hour NAAQS

for PM2.5 to 35 μg/m3 from 65 μg/m3

. 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).

The EPA published its final rule for the ‘‘Implementation of the New Source Review (NSR) Program for

Particulate Matter Less Than 2.5 Micrometers (PM2.5)’’ at

73 FR 28321 (May 16, 2008). This Federal regulation

requires states with PM2.5 nonattainment areas to submit

revised nonattainment NSR programs to the EPA for SIP

approval within 3 years from the date of publication of

the final rule or by May 16, 2011.

Scientific research has shown that various precursor

pollutants participate in secondary particle formation and

RULES AND REGULATIONS 4761

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
contribute significantly to ambient PM2.5 concentrations,

producing approximately half of the PM2.5 concentration

Nationally. Precursor pollutants to particle formation

include the following: sulfur dioxide (SO2); nitrogen oxides (NOx); volatile organic compounds (VOC); and ammonia. Given the complexity of PM formation processes, new

information from the scientific community continues to

emerge to improve our understanding of the relationship

between sources of PM precursors and secondary particle

formation. The final Federal rule requires that SO2 be

regulated as a PM2.5 precursor; NOx is presumed regulated; VOC and ammonia are presumed not regulated.

See 73 FR 28321, 28325. This final-form State rulemaking is consistent with the Federal rule in how these

pollutants are to be treated.

Section 173 of the Clean Air Act (CAA) (42 U.S.C.A.

§ 7503) subjects major stationary sources located in

nonattainment areas to the NSR permit program, which

the Commonwealth is responsible for implementing

through its SIP. The NSR special permit requirements

include emission offsets for proposed emission increases

and a demonstration that the new source will comply

with the ‘‘lowest achievable emission rate’’ (LAER) for

each regulated pollutant.

The final-form rulemaking, which limits the emissions

of PM2.5 and precursors including SO2 and NOx for new

or modified major sources in nonattainment areas,

amends the existing nonattainment NSR requirements in

Chapter 127, Subchapter E (relating to new source review) to incorporate the EPA’s May 2008 requirements for

PM2.5 and precursor emissions. Clarifying amendments

for Chapter 127 are also made in the final-form rulemaking.

The final-form rulemaking applies to construction of

major stationary sources and major modifications at

major stationary sources. A stationary source is a ‘‘major

source’’ if its actual emissions or its potential to emit

(PTE) for a specific pollutant equals or exceeds the major

source threshold for that pollutant. The PM2.5 threshold

for new sources is 100 tons per year (TPY) of PM2.5. The

PM2.5 threshold for major modifications at existing

sources is 10 TPY of PM2.5.

The final-form rulemaking assures that the citizens and

environment of this Commonwealth will benefit from

reduced PM and precursor emissions from regulated

sources. The health effects associated with exposure to

elevated levels of PM2.5 are significant. Epidemiological

studies have shown a significant correlation between

elevated PM2.5 levels and premature mortality. Other

important health effects associated with exposure to

particle pollution include 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. Individuals particularly sensitive to

PM2.5 exposure include older adults, people with heart

and lung disease and children. Environmental effects of

particle pollution include visibility impairment, soiling

and materials damage. Attaining and maintaining levels

of PM2.5 below the health- and welfare-based NAAQS is

important to reduce premature mortality and other

health and environmental effects associated with PM2.5

exposure. This control measure is reasonably necessary to

attain and maintain the 1997 annual and 2006 24-hour

PM2.5 NAAQS.

The owners and operators of new or modified major

facilities will be affected by the final-form rulemaking.

There are approximately 887 major facilities in this

Commonwealth that may be subject to the existing NSR

rules if major modifications to those facilities are proposed. The majority of those facilities affected by this

final-form rulemaking are already subject to the existing

NSR provisions in Chapter 127, Subchapter E and also to

the requirements in 40 CFR Part 51, Appendix S (relating

to emission offset interpretative ruling). This final-form

rulemaking will provide increased flexibility for the owners and operators of affected facilities by allowing exchanges of interpollutant offsets.

Under section 4.2(b) of the APCA (35 P. S. § 4004.2(b)),

control measures, in general, shall be no more stringent

than those required under the CAA unless the Board

determines that those measures are reasonably necessary

to achieve or maintain ambient air quality standards. The

final-form rulemaking is more stringent than Federal

regulations since it includes fugitive emissions for certain

pollutants, including PM2.5, from all sources when determining whether a source is defined as a ‘‘major facility’’

under § 121.1.

The major facility definition was included in the finalform rulemaking published at 24 Pa.B. 443 (January 15,

1994). The 1994 final-form rulemaking was approved by

the EPA as a revision to the SIP at 62 FR 64722

(December 9, 1997), and is codified in 40 CFR 52.2020

(relating to identification of plan), regarding the Pennsylvania SIP. The SIP-approved major facility provision

includes fugitive emissions from all sources when determining the status of a major facility, rather than considering fugitives for just the 28 source categories listed in

the Federal definition of ‘‘major stationary source’’ in 40

CFR 51.165(a)(1)(iv)(A) (relating to permit requirements).

Another area of difference between the existing EPA

and Commonwealth nonattainment NSR programs relates

to the treatment of projected actual emissions related to a

project. Under the EPA’s approach, owners or operators of

a facility shall track their projected actual emissions

against the facility’s post-change emissions for 5 years

following resumption of regular operations. The EPA

presumes that any increases that occur after 5 years are

not associated with the physical or operational changes.

Under the Commonwealth’s approach specified in

§ 127.203a(a)(5)(iii)(A) (relating to applicability determination) of the final-form NSR amendments published at

37 Pa.B. 2365 (May 19, 2007), the projected actual

emissions for the regulated NSR pollutant, including

PM2.5, must be incorporated into the required plan

approval or operating permit as an emission limit. According to the Board findings in the final-form rulemaking, the May 2007 NSR amendments are ‘‘necessary

to achieve and maintain ambient air quality standards

and to satisfy related CAA requirements.’’ The Board also

found that ‘‘the final-form rulemaking is necessary for the

Commonwealth to avoid sanctions under the CAA.’’

To attain and maintain the NAAQS in this Commonwealth, as required under the CAA, the Board has relied

on the 1994 and 2007 rulemakings. The only change

being made in this final-form rulemaking is to include

PM2.5 as a regulated NSR pollutant. Consequently, the

‘‘no more stringent than’’ provision under section 4.2(b) of

the APCA is satisfied because the Board has determined

that this approach is reasonably required to achieve or

maintain the PM2.5 NAAQS. Moreover, these provisions

must be maintained to satisfy the antibacksliding provisions in sections 110 and 193 of the CAA (42 U.S.C.A.

§§ 7410 and 7515).

4762 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
The Department met with the Air Quality Technical

Advisory Committee (AQTAC) on September 15, 2010,

and the Citizens Advisory Council (CAC) Air Committee

on October 18, 2010, to discuss the final-form rulemaking.

The AQTAC and CAC both concurred with the Department’s recommendation to move the final-form rulemaking forward to the Board.

E. Summary of Comments and Responses

A commentator understands that the proposed rulemaking would amend the existing requirements in Chapter 127, Subchapter E to incorporate recently promulgated Federal requirements for PM2.5 and PM2.5

precursors and insists that the proposed changes mirror

the new Federal requirements to the extent practicable.

The Board agrees with the commentator that there

should be consistency between the Federal requirements

and the Commonwealth’s regulations.

A commentator believes that a fundamental difficulty

with the proposed NSR amendments is the Board’s

attempt to meet the requirements of the Federal NSR

PM2.5 rule by applying the Commonwealth’s existing NSR

provisions to PM2.5. Because the Commonwealth’s existing NSR rules were developed specifically to address

particular issues regarding the ozone nonattainment areas in this Commonwealth and have been amended many

times over many years, the rules are not suited in many

respects to also address PM2.5. The Board clarifies that it

did not propose amendments at 40 Pa.B. 703 (February 6,

2010) to many existing provisions of the NSR requirements in Chapter 127, Subchapter E, which were published at 24 Pa.B. 443. The 1994 final-form rulemaking

was approved by the EPA as a revision to the SIP

published at 62 FR 64722 and codified in 40 CFR

52.2020. Subsequent to the 1994 final-form rulemaking,

the EPA initiated a number of changes to the Federal

requirements for NSR which are discussed in the preamble to the Board’s final-form rulemaking published at

37 Pa.B. 2365. Amendments to Chapter 127, Subchapter

E published at 37 Pa.B. 2365 were effective May 19,

2007. The 2007 amendments were submitted to the EPA

on August 9, 2007, as an equivalency demonstration and

revision to the SIP. However, in light of the concerns

raised during the public comment period about the aggregation of de minimis emissions for PM2.5 and PM2.5

precursors and the limited availability of PM2.5 emission

reduction credits (ERCs) for emission offsets for new or

modified major source projects, this final-form rulemaking

does not require the aggregation of de minimis emissions

for PM2.5 and PM2.5 precursors. Section 127.203a(a)(2) is

revised in the final-form rulemaking to specifically exclude PM2.5 and PM2.5 precursors.

The Independent Regulatory Review Commission

(IRRC) stated that there appears to be some inconsistency

between the Regulatory Analysis Form and preamble of

the proposed rulemaking as to whether the proposed

regulation is consistent with or more stringent than

Federal regulations. The Board clarifies that the proposed

rulemaking is more stringent than Federal regulations in

three ways—de minimis aggregation, fugitive emissions

and the contemporaneous period provisions which were

approved by the EPA as a revision to the SIP and

implemented by the Department for at least 15 years. As

a result, the preamble to the proposed rulemaking is

correct. The final-form rulemaking deletes the de minimis

aggregation provision for PM2.5 and precursor emissions.

IRRC commented further that the information in the

preamble to the proposed rulemaking and the accompanying materials did not provide information on whether the

Department has identified areas where NOx emissions

are not a significant contributor to PM2.5 concentrations.

IRRC requested that this information be provided with

the final-form rulemaking. To this end, the Board responds that the final-form rulemaking definition of ‘‘regulated NSR pollutant’’ has been amended as follows:

‘‘Nitrogen oxides are presumed to be precursors to PM2.5

in PM2.5 nonattainment areas unless the Department

demonstrates to the satisfaction of the Administrator of

the EPA or the Administrator of the EPA determines that

NOx emissions from a source in a specific area are not a

significant contributor to that area’s ambient PM2.5 concentrations.’’ The Department has not done a study to

identify areas where NOx emissions are not a significant

contributor to PM2.5 concentrations.

IRRC is concerned about the impact the final rule will

have on Commonwealth industry with respect to competitiveness with industry in neighboring states. The Board

responds that the Department conferred with neighboring

states in April and November, 2010 concerning the status

of their NSR PM2.5 rulemakings. A number of neighboring

states are still working on PM2.5 amendments to their

NSR programs to meet the Federal PM2.5 requirements

and develop SIP revisions by May 2011. West Virginia

finalized NSR requirements for PM2.5 on June 1, 2010.

Delaware expects to propose its rulemaking by May 1,

2011, and finalize its rulemaking by July 1, 2011. All

states must submit SIP revisions that, at a minimum,

will implement the EPA’s PM2.5 requirements for nonattainment areas. It is not anticipated that the final-form

rulemaking will place the owners of affected sources in

this Commonwealth at a competitive disadvantage; the

final-form rulemaking does not include PM2.5 de minimis

aggregation requirements because of the limited availability of emission offsets.

A commentator questioned the testing procedures and

listed offset ratio relationships and wondered how it was

calculated, where the ratios came from and exact dates

for early ERC credit calculations. The Board responds

that EPA-established trading ratios for PM2.5 and PM2.5

precursors for nonattainment NSR PM2.5 emissions were

specified in the proposed rulemaking and these ratios are

retained in the final-form rulemaking. The Board did not

propose to amend the existing requirements in

§ 127.207(1) (relating to creditable emissions decrease or

ERC generation and creation).

A commentator stated that enactment of the proposed

rulemaking would result in two distinct and different sets

of definitions for some parameters of interest (for example, two different definitions for a ‘‘regulated NSR

pollutant’’ and ‘‘significant,’’ with the definitions depending on the attainment status of the pollutant of interest).

The Board responds that the definitions and requirements for the state-specific NSR and prevention of significant deterioration (PSD) programs mirror the applicable

Federal NSR and PSD regulations.

The commentator requested that the Department’s definition of ‘‘significant’’ in § 121.1 (relating to definitions)

be consistent and verbatim with the EPA’s definition of

the term in 40 CFR 52.21(b)(23) (relating to prevention of

significant deterioration of air quality). The Board disagrees. The EPA’s definition of ‘‘significant’’ in 40 CFR

52.21(b)(23) applies to PSD requirements for attainment

and unclassifiable areas, not to nonattainment NSR, and

is adopted by reference under Chapter 127, Subchapter D

(relating to prevention of significant deterioration of air

quality) to support the Department’s PSD program. The

definition of ‘‘significant’’ in § 121.1 supports existing

RULES AND REGULATIONS 4763

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
requirements in Chapter 127, Subchapter E for nonattainment NSR and is consistent with the EPA’s definition

of the term ‘‘significant’’ in 40 CFR 51.165(a)(1)(x)(A) for

nonattainment NSR programs.

A commentator requested that the Department’s definition of ‘‘regulated NSR pollutant’’ in § 121.1 be consistent

and verbatim with the EPA’s definition in 40 CFR

52.21(b)(50). The Board disagrees. The EPA’s definition of

‘‘regulated NSR pollutant’’ in 40 CFR 52.21(b)(50) applies

to PSD requirements for attainment and unclassifiable

areas, not to nonattainment NSR, and is adopted by

reference under Chapter 127, Subchapter D to support

the Department’s PSD program. The definition of ‘‘regulated NSR pollutant’’ in § 121.1 supports existing requirements in Chapter 127, Subchapter E for nonattainment

NSR and is consistent with the EPA’s definition of

‘‘regulated NSR pollutant’’ in 40 CFR 51.165(a)(1)(xxxvii)

for nonattainment NSR programs.

A commentator stated that the proposed NSR amendments require clarification with respect to the manner in

which NSR will be applied to PM2.5 and its precursors.

The Board clarifies that the definitions of the terms

‘‘major facility’’ and ‘‘net emissions increase’’ in § 121.1

are similar to the EPA’s definition of the term ‘‘major

stationary source’’ in 40 CFR 51.165(a)(1)(iv)(A). During

the implementation of the NSR PM2.5 provisions, the

Department will follow the EPA’s policies and interpretations provided for nonattainment NSR for regulating

emissions of PM2.5 and its precursors SO2 and NOx.

A commentator stated that the definition of ‘‘maximum

allowable emissions’’ should be verbatim with the definition of the term ‘‘allowable emissions’’ in 40 CFR

52.21(b)(16), regarding PSD of air quality. The Board

proposed deletion of the term ‘‘maximum allowable emissions’’ and its definition, as denoted by bold brackets and

text in the proposed rulemaking, since the term is no

longer used to support existing regulations and this term

is not used in the Federal NSR regulations under 40 CFR

51.165. This deletion is retained in the final-form rulemaking.

Several commentators stipulated that the aggregation

of de minimis emission increases is inappropriate for

PM2.5, indicating that the proposed amendments would

make de minimis emissions of PM2.5 subject to the

10-year aggregation provisions in § 127.203a and potentially to the provisions in § 127.203 (relating to facilities

subject to special permit requirements). The final-form

rulemaking does not require de minimis aggregation for

PM2.5 and precursor emissions.

A commentator stated that the rule should clearly

indicate that offsets shall be provided only once for a

particular pollutant. For example, a facility located in the

Ozone Transport Region that triggers NSR for NOx and

PM2.5 should only provide offsets for either NOx or NOx

as a precursor for PM2.5, but not for both. The Board

agrees with the commentator. Emissions only need to be

offset once. Therefore, if NOx emissions offsets are provided as an ozone precursor, these offsets can also serve

as PM2.5 precursor offsets.

A commentator expressed concern that § 127.210 (relating to offset ratios) does not recognize the interpollutant trading that has already been approved by the EPA

for NOx and VOC ERCs in the five-county Philadelphia

area. These NSR regulations should be amended to either

include this interpollutant trading or as to not exclude

this approved ERC trading mechanism. The Board is not

changing the EPA’s previously approved interpollutant

trading of VOC ERCs for NOx ERCs using a substitution

ratio in the Philadelphia ozone nonattainment area.

However, due to concerns raised by the commentators,

the Board is clarifying § 127.206(o) (relating to ERC

general requirements) in the final-form rulemaking as

follows: ‘‘Except as provided under § 127.210 (relating to

offset ratios), an ERC created for a regulated criteria

pollutant shall only be used for offsetting or netting an

emissions increase involving the same criteria pollutant

unless approved in writing by the Department and the

EPA.’’

Three commentators suggested that the proposed NSR

amendments should be revised to exclude fugitive emissions in the context of major source determinations for

PM2.5, except for source categories specifically listed in

the Federal regulations. Further, the Department should

follow the Federal rule (as it continues to be developed)

with respect to the consideration of fugitive emissions in

the evaluation of emission increases caused by modification projects. The Board did not propose amendments at

40 Pa.B. 703 to amend the aggregation of de minimis

emissions of VOCs and NOx specified in § 127.203(b)(1).

In January 1994, the Board adopted, at 24 Pa.B. 443, a

major facility provision for new source review (NSR)

purposes that includes fugitive emissions from all sources

when determining NSR applicability for a major facility,

rather than considering fugitives for just the 28 source

categories listed in the Federal definition of ‘‘major

stationary source’’ in 40 CFR 51.165(a)(1)(iv)(A). The more

stringent than provisions were determined by the Board

to be reasonably necessary to attain and maintain the

NAAQS. To attain and maintain the NAAQS, the Department has relied since January 15, 1994, on these SIPapproved requirements for the inclusion of fugitive emissions of all criteria pollutants, including PM, CO and

ozone and its precursors, VOC and NOx, from all sources

for major facility determinations. These provisions shall

be maintained to satisfy the anti-backsliding provisions of

sections 110 and 193 of the CAA.

Two commentators indicated that the proposed language in § 127.203(b)(2) and (3) would add ambiguous

language that could render these provisions more stringent than the present requirements. The Board agrees.

The final-form rulemaking deletes the proposed clarifying

language, ‘‘including the emissions from the proposed

project,’’ in § 127.203(b)(2) and (3). However, the emissions from the proposed project must be included with the

existing facility PTE to determine whether the facility

emissions are more than 100 TPY for consideration of the

applicability of control technology requirements such as

best available control technology or LAER under

§ 127.203(b)(2) and (3).

Two commentators stated that the proposed NSR

amendments would add a sentence to § 127.203(b)(1)(i)

stating that ‘‘the aggregated VOC or NOx emissions must

meet the applicability requirements of paragraph (2) or

(3).’’ The commentators indicated that when evaluated in

the context of subparagraphs (2) and (3), use of the

phrase ‘‘aggregated emissions’’ is ambiguous, especially in

light of the language previously discussed regarding

inclusion of the ‘‘emissions of the proposed project’’ in the

source’s PTE. The Board disagrees. This language clarifies that the applicant needs to use the provisions in

§ 127.203(b)(2) or (3) for a determination of control

technology requirements when the net emissions increase

is equal to or exceeds the applicable emissions rate that is

significant (25 TPY of NOx or VOCs). Section 127.203(b)

(2) and (3) does not require aggregation of emissions;

therefore, there is no double-counting of emissions toward

4764 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
the source’s PTE as indicated by the commentators. The

final-form rulemaking retains the proposed language.

A commentator stated that the Board should clarify the

provisions in § 127.203(b)(1) that 5-year contemporaneous aggregation is required only for proposed emission

increases that exceed the significant emission rate for a

pollutant and that 10-year contemporaneous aggregation

is required only for proposed emission increases that are

de minimis. The Board disagrees. The Board did not

propose amendments to § 127.203(b)(1) at 40 Pa.B. 703.

The current requirements in § 127.203 were published at

37 Pa.B. 2365. The 2007 amendments were submitted to

the EPA on August 9, 2007, as an equivalency demonstration and revision to the SIP. The requirements in

§ 127.203(b)(1)(i) and (ii) specify that the net emissions

increase be calculated using 5-year and 10-year contemporaneous aggregation provisions. First, the owner or

operator needs to calculate the net emissions increase

using 5-year contemporaneous aggregation provisions in

§ 127.203(b)(1)(i). If the net emissions increase is equal to

or exceeds the applicable emissions rate that is significant (25 TPY of NOx or VOCs), the owner or operator

needs to use the provisions in § 127.203(b)(2) or (3) for

the applicability of control technology requirements. If the

emissions increase due to the project does not exceed the

listed applicable rate, then the owner or operator needs to

use the de minimis emissions increase calculation for the

10-year period aggregation of § 127.203(b)(1)(ii) to calculate the net emissions increase.

The commentator requested that the Department issue

guidance or amend the language in § 127.203a(a)(5)(iii)

that if the projected actual emissions for a regulated NSR

pollutant are in excess of the baseline actual emissions

and the project results in a net emissions increase which

equals or exceeds the applicable significant emissions

rate, then the projected actual emissions for the regulated

NSR pollutant must be incorporated into the required

plan approval or the operating permit as an emission

limit. The Board clarifies in the final-form rulemaking

that the projected actual emissions are incorporated as a

permit limit when the projected actual emissions minus

the excludable emissions (emissions following completion

of the project that the existing unit could have accounted

for prior to the change and that are also unrelated to the

change) exceed the baseline actual emissions.

The commentator requested that § 127.201(g) (relating

to general requirements) be deleted or suggested that the

requirements be modified for consistency with the Federal

regulation. The Board amended § 127.201(g) to include

condensable emissions in determining whether a source is

subject to the major source NSR program beginning

January 1, 2011, or earlier date established by the EPA.

After January 1, 2011, all sources need to include PM2.5

condensable emissions in applicability determinations.

F. Summary of Final-form Rulemaking and Changes

from Proposed to Final-form Rulemaking

Summary of Final-form Rulemaking

The final-form rulemaking amends § 121.1 to add a

definition of ‘‘PM2.5’’ and amend the definitions of existing

terms ‘‘regulated NSR pollutant’’ and ‘‘significant’’ to

include the requirements for PM2.5 to support the amendments to Chapter 127. The final-form rulemaking deletes

the definition of ‘‘maximum allowable emissions’’ because

this term is no longer needed to support the existing

requirements in Chapter 127, Subchapter E and this term

is not used in the Federal NSR rules under 40 CFR

51.165

Section 127.201 is amended to add subsection (g).

Under subsection (g), gaseous emissions that condense to

form PM at ambient temperatures will be included in

PM2.5 and PM-10 emissions in accordance with the

following requirements: beginning January 1, 2011, or

earlier date established by the Administrator, condensable

PM shall be accounted for in applicability determinations

for PM2.5 and PM-10 emission limitations established in a

plan approval or operating permit issued under this

chapter; compliance with emissions limitations for PM2.5

and PM-10 issued prior to January 1, 2011, or earlier

date established by the Administrator, shall not be based

on condensable PM unless required by the terms and

conditions of a plan approval, operating permit or the

SIP; and applicability determinations made prior to January 1, 2011, or earlier date established by the Administrator, without accounting for condensable PM shall not be

considered in violation of this subchapter unless the

applicable plan approval, operating permit or SIP includes requirements for condensable PM.

Section 127.201a (relating to measurements, abbreviations and acronyms) is amended to include ‘‘PM2.5’’ and

‘‘PM-10.’’ In addition, other minor editorial changes are

finalized for this section.

Section 127.202 (relating to effective date) is amended

to include references to PM2.5.

Section 127.203(b)(1)(i) is amended to provide that the

aggregated VOC or NOx emissions shall meet the applicability requirements in paragraph (2) or (3).

Section 127.203a is amended to include the following

requirements under subsection (a): the owner or operator

of the facility shall include in the plan approval application the estimate of an emissions increase in a regulated

NSR pollutant from the project; the owner or operator

shall calculate an emissions increase in a regulated NSR

pollutant from a project in accordance with paragraph (1);

if the emissions increase from a project equals or exceeds

the applicable emissions rate that is significant, the

owner or operator shall calculate a net emissions increase

in accordance with paragraph (1)(ii); and if the emissions

increase from a project does not exceed the listed applicable emissions rate that is significant, the owner or

operator shall calculate the net emissions increase in

accordance with paragraph (2). In addition, minor editorial changes are finalized for this section as well.

Section 127.204 (relating to emissions subject to this

subchapter) is amended to include some minor editorial

changes.

Section 127.206(o) is amended to provide that except as

provided under § 127.210, an ERC created for a regulated criteria pollutant shall only be used for offsetting or

netting an emissions increase involving the same criteria

pollutant unless approved in writing by the Department

and the EPA. The ‘‘amnesty period’’ dates under

§ 127.206(r) regarding when emission reductions may be

used to generate ERCs are amended to specify that

emission reductions occurring at a facility after April 5,

2005, but prior to September 3, 2011, may be used to

generate ERCs in accordance with this subchapter, if a

complete ERC registry application is submitted to the

Department by September 3, 2012. In addition, minor

editorial changes are finalized for this section.

Section 127.210 is amended to remove interpollutant

trading for PM2.5 and PM2.5 precursors in the final-form

rulemaking due to the EPA’s reconsideration of specific

provisions of the final rule published at 73 FR 28321.

Among other things, the amended provision provides that

RULES AND REGULATIONS 4765

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
the Department may, based on a technical assessment,

establish interpollutant trading ratios for offsetting PM2.5

emissions or PM2.5 precursor emissions in a specific

nonattainment area or geographic area in this Commonwealth. The interpollutant trading ratios shall be subject

to public review and comment for at least 30 days prior to

submission to the EPA for approval as a SIP revision.

Section 127.210 of the final-form rulemaking is further

amended to provide that if the EPA promulgates PM2.5

interpollutant trading ratios in 40 CFR Part 51 (relating

to requirements for preparation, adoption, and submittal

of implementation plans), the ratios shall be adopted and

incorporated in the final-form regulation by reference.

Changes from Proposed to Final-form Rulemaking

In final-form § 121.1, the definition of ‘‘regulated NSR

pollutant’’ has been modified between proposed and finalform rulemaking to add subparagraph (iii)(C) to provide

that NOx are presumed to be precursors to PM2.5 in

PM2.5 nonattainment areas unless the Department demonstrates to the satisfaction of the Administrator of the

EPA or the Administrator of the EPA determines that

NOx emissions from a source in a specific area are not a

significant contributor to that area’s ambient PM2.5 concentrations.

The definition of ‘‘significant’’ has been modified between proposed and final-form rulemaking under PM2.5

emission rate to provide that 10 TPY of PM2.5, 40 TPY of

SO2 and 40 TPY of NOx are the applicable rates unless

the Department demonstrates to the EPA’s satisfaction or

the EPA determines that the NOx emissions are not a

significant contributor to PM2.5 nonattainment in the

area.

Final-form § 127.201(g)(1) was modified between proposed and final-form rulemaking to provide that beginning January 1, 2011, or earlier date established by the

Administrator, condensable PM shall be accounted for in

applicability determinations for PM2.5 and PM-10 emission limitations established in a plan approval or operating permit issued under Chapter 127.

Final-form §§ 127.201a and 127.202 were not changed

between proposed and final-form rulemaking.

Final-form § 127.203 was modified between proposed

and final-form rulemaking to delete the proposed phrase

‘‘including the emissions from the proposed project’’ in

subsection (b)(2) and (3).

Final-form § 127.203a(a)(2) was modified between proposed and final-form rulemaking to provide that as part

of the plan approval application for a proposed de minimis emission increase, the owner or operator of the

facility shall use subparagraphs (i) and (ii) to calculate

the net emissions increase for a regulated NSR pollutant

except PM2.5 and PM2.5 precursors.

Final-form § 127.204 was not changed between proposed and final-form rulemaking.

Final-form § 127.206(o) was modified between proposed

and final-form rulemaking to provide that except as

provided under § 127.210, an ERC created for a regulated criteria pollutant shall only be used for offsetting or

netting an emissions increase involving the same criteria

pollutant unless approved in writing by the Department

and the EPA.

Section 127.210 is amended to remove interpollutant

trading for PM2.5 and PM2.5 precursors in the final-form

rulemaking due to the EPA’s reconsideration of specific

provisions of the final rule published at 73 FR 28321. On

July 15, 2008, the Natural Resources Defense Council

and the Sierra Club petitioned the EPA to reconsider and

administratively stay specific parts of to the final rule,

‘‘Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers

(PM2.5),’’ published at 73 FR 28321. The petition objected

to four parts of the final rule, including allowing states to

use EPA-recommended PM2.5 precursor trading ratios to

offset PM2.5 emissions increases in PM2.5 nonattainment

areas. On January 16, 2009, the EPA denied the July

2008 petition. On February 10, 2009, the same petitioners

submitted a second reconsideration request for the same

four issues and another request for administrative stay.

They also requested reconsideration of the January 16,

2009, denial letter.

The EPA granted the February 10, 2009, petition for

reconsideration to allow for public comment on each of

the four issues raised, including allowing states to use

EPA-recommended PM2.5 precursor trading ratios to offset PM2.5 emissions increases in PM2.5 nonattainment

areas. The EPA agreed to reconsider the trading ratios

and granted the reconsideration of this policy on the

grounds that the EPA failed to propose for public comment the EPA-recommended offset ratios in the preamble

to the final rule published at 73 FR 28321. As a result,

the existing ‘‘preferred’’ precursor offset ratios will no

longer be considered presumptively approvable. That is,

any precursor offset ratio submitted as part of the NSR

SIP for a PM2.5 nonattainment area must be accompanied

by a technical demonstration showing the suitability of

the ratio for that particular nonattainment area. Therefore, the Board developed language for the final-form

rulemaking that mirrors the EPA’s intent.

This language removes interpollutant trading for PM2.5

and PM2.5 precursors in the final-form rulemaking and

amends § 127.210 to provide that the Department may,

based on a technical assessment, establish interpollutant

trading ratios for offsetting PM2.5 emissions or PM2.5

precursor emissions in a specific nonattainment area or

geographic area in this Commonwealth. The interpollutant trading ratios shall be subject to public review and

comment for at least 30 days prior to submission to the

EPA for approval as a SIP revision. Section 127.210 of the

final-form rulemaking is further amended to provide that

if the EPA promulgates PM2.5 interpollutant trading

ratios in 40 CFR Part 51, the ratios shall be adopted and

incorporated in the final-form regulation by reference.

G. Benefits, Costs and Compliance

Benefits

Overall, the citizens of this Commonwealth will benefit

from this final-form rulemaking because it will help to

reduce emissions of PM2.5 from major stationary sources.

Attaining and maintaining levels of PM2.5 below the

health- and welfare-based NAAQS are important to reduce premature mortality and other health effects associated with PM2.5 exposure. Reductions in ambient levels of

PM2.5 will also promote improved animal health and

welfare, improved visibility, decreased soiling and materials damage and decreased damage to plants and trees.

Compliance Costs

The final-form rulemaking should not impose additional

costs on the regulated community. If a facility triggers

NSR for a regulated pollutant or precursor, the owner or

operator of the facility shall demonstrate compliance by

procuring emission offsets and achieving the LAER. Compliance costs will vary depending on the type of controls

installed to satisfy the control technology requirements

and the cost of emission offsets.

4766 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the newly

revised requirements and how to comply with them. This

will be accomplished through the Department’s ongoing

compliance assistance program.

Paperwork Requirements

There are no additional paperwork requirements associated with this final-form rulemaking with which industry

will need to comply.

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 final-form rulemaking does

not directly promote a multimedia approach. The reduced

levels of PM2.5, however, will benefit water quality

through reduced soiling and quantities of sediment that

may run off into waterways. Reduced levels of PM2.5 will

therefore promote improved aquatic life and biodiversity,

as well as improved human, animal and plant life on

land.

I. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the 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 February 6, 2010, the Department

submitted a copy of the notice of proposed rulemaking,

published at 40 Pa.B. 703, 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 July 20, 2011, 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 July 21, 2011, 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 all comments were

considered.

(3) This final-form rulemaking does not enlarge the

purpose of the proposed rulemaking published at 40 Pa.B.

703.

(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 reasonably necessary to attain and maintain the PM2.5 NAAQS.

L. Order

The Board, acting under the authorizing statutes,

orders that:

(a) The regulations of the Department, 25 Pa. Code,

Chapters 121 and 127 are amended by amending

§§ 121.1, 127.201, 127.201a, 127.202, 127.203, 127.203a,

127.204, 127.206 and 127.210 to read as set forth in

Annex A, with ellipses referring to 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 IRRC and the House and Senate

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 immediately upon publication in the Pennsylvania Bulletin.

MICHAEL L. KRANCER,

Chairperson

(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this

document, see 41 Pa.B. 4265 (August 6, 2011).)

Fiscal Note: Fiscal Note 7-450 remains valid for the

final adoption of the subject regulations.

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:

*****

Marine deck sealant or marine deck sealant primer—A

sealant or sealant primer labeled for application to

wooden marine decks.

Maximum heat input capacity—The maximum steady

state heat input under which a source may be operated as

RULES AND REGULATIONS 4767

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
determined by its physical design and characteristics.

Maximum heat input capacity is expressed in millions of

British Thermal Units (MMBtu) per unit of time.

*****

PEMS—Predictive emissions monitoring system—For

purposes of Chapter 127, Subchapter E, all of the equipment necessary to monitor process and control device

operational parameters including control device secondary

voltages and electric currents, other information including

gas flow rate, O2 or CO2 concentrations, and calculate

and record the mass emissions rate in terms of mass per

unit time, like lb/hr, on a continuous basis.

PM2.5—Particulate matter with an aerodynamic diameter of less than or equal to a nominal 2.5 micrometer

body as measured by the applicable reference method or

an equivalent method.

PM-10—Particulate matter with an effective aerodynamic diameter of less than or equal to a nominal 10

micrometer body as measured by the applicable reference

method or an equal method.

*****

Regulated NSR pollutant—

(i) NOx or VOCs.

(ii) A pollutant for which the EPA has promulgated a

NAAQS.

(iii) A pollutant that is a constituent or precursor of a

pollutant listed under subparagraph (i) or (ii), if the

constituent or precursor pollutant may only be regulated

under NSR as part of regulation of the pollutant listed

under subparagraph (i) or (ii). Precursors identified by

the Administrator of the EPA for purposes of NSR are the

following:

(A) VOCs and NOx are precursors to ozone in all ozone

nonattainment areas.

(B) SO2 is a precursor to PM2.5 in all PM2.5 nonattainment areas.

(C) Nitrogen oxides are presumed to be precursors to

PM2.5 in PM2.5 nonattainment areas unless the Department demonstrates to the satisfaction of the Administrator of the EPA or the Administrator of the EPA determines that NOx emissions from a source in a specific area

are not a significant contributor to that area’s ambient

PM2.5 concentrations.

(iv) PM2.5 and PM-10 emissions, including gaseous

emissions from a facility or activity that condense to form

particulate matter at ambient temperatures, as specified

in § 127.201(g) (relating to general requirements).

*****

Significant—

(i) In reference to a net emissions increase or the

potential of a facility to emit one of the following

pollutants at a rate of emissions that would equal or

exceed the following emissions rates except as specified in

subparagraphs (ii)—(v):

Pollutant Emissions Rate

Carbon monoxide (CO): 100 TPY

Nitrogen oxides (NOx): 40 TPY

Sulfur oxides (SOx): 40 TPY

Ozone: 40 TPY of VOCs or 40 TPY of

NOx

Pollutant Emissions Rate

Lead: 0.6 TPY

PM-10: 15 TPY

PM2.5: 10 TPY of PM2.5; 40 TPY of

SO2; 40 TPY of NOx, unless

the Department demonstrates

to the EPA’s satisfaction or

the EPA determines that the

NOx emissions are not a

significant contributor to

PM2.5 nonattainment in the

area.

(ii) The emissions rate that is significant for VOCs in a

serious or severe ozone nonattainment area is 25 TPY.

(iii) For purposes of applying Chapter 127, Subchapter

E to the owner or operator of modifications at a major

facility located in an ozone nonattainment area or in an

ozone transport region that emits or has the potential to

emit NOx, the emissions rate that is significant and other

requirements for VOCs in subparagraphs (i) and (ii) apply

to NOx emissions.

(iv) The emissions rate that is significant for CO in a

serious nonattainment area is 50 TPY if the EPA has

determined that the affected facility contributes significantly to CO levels in that area.

(v) The emissions rate that is significant for VOCs in

an extreme nonattainment area for ozone is any amount

above zero.

*****

CHAPTER 127. CONSTRUCTION, MODIFICATION,

REACTIVATION AND OPERATION OF SOURCES

Subchapter E. NEW SOURCE REVIEW

§ 127.201. General requirements.

(a) A person may not cause or permit the construction

or modification of an air contamination facility in a

nonattainment area or having an impact on a nonattainment area unless the Department or an approved local

air pollution control agency has determined that the

requirements of this subchapter have been met.

(b) The nonattainment area classification that applies

for offset trading and offset ratio selection shall be the

highest classification designated by the EPA Administrator in 40 CFR 81.339 (relating to Pennsylvania) or by

operation of law.

(c) The NSR requirements of this subchapter also apply

to a facility located in an attainment area for ozone and

within an ozone transport region that emits or has the

potential to emit at least 50 TPY of VOC or 100 TPY of

NOx. A facility within either an unclassifiable/attainment

area for ozone or within a marginal or incomplete data

nonattainment area for ozone or within a basic nonattainment area for ozone and located within an ozone transport region will be considered a major facility and shall

be subject to the requirements applicable to a major

facility located in a moderate nonattainment area.

(d) The NSR requirements of this subchapter apply to

an owner or operator of a facility at which a net

emissions increase that is significant would occur as

determined in accordance with § 127.203a (relating to

applicability determination). If an emissions increase

meets or exceeds the applicable emissions rate that is

significant as defined in § 121.1 (relating to definitions),

4768 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
the facility is subject to the permitting requirements

under § 127.205 (relating to special permit requirements). An emissions increase subject to this subchapter

must also be offset through the use of ERCs at the offset

ratios specified in § 127.210 (relating to offset ratios).

The generation, use, transfer and registration requirements for ERCs are listed in § § 127.206—127.209.

(e) In the event of an inconsistency between this rule

and any other rule promulgated by the Department, the

inconsistency must be resolved by the application of the

more stringent provision, term, condition, method or rule.

(f) A facility located in Bucks, Chester, Delaware,

Montgomery or Philadelphia Counties that emits or has

the potential to emit at least 25 TPY of VOC or NOx will

be considered a major facility and shall be subject to the

requirements applicable to a major facility located in a

severe nonattainment area for ozone.

(g) PM2.5 and PM-10 emissions include gaseous emissions from a facility or activity that condense to form PM

at ambient temperatures, if present, in accordance with

the following requirements:

(1) Beginning January 1, 2011, or an earlier date

established by the Administrator of the EPA, condensable

PM shall be accounted for in applicability determinations

and for PM2.5 and PM-10 emission limitations established

in a plan approval or operating permit issued under this

chapter.

(2) Compliance with emissions limitations for PM2.5

and PM-10 issued prior to January 1, 2011, or an earlier

date established by the Administrator, may not be based

on condensable PM unless required by the terms and

conditions of a plan approval, operating permit or the SIP.

(3) Applicability determinations made prior to January

1, 2011, or an earlier date established by the Administrator, without accounting for condensable PM may not be

considered in violation of this subchapter unless the

applicable plan approval, operating permit or SIP includes requirements for condensable PM.

§ 127.201a. Measurements, abbreviations and acronyms.

Measurements, abbreviations and acronyms used in

this subchapter are defined as follows:

BACT—Best available control technology

BAT—Best available technology

CEMS—Continuous emissions monitoring system

CERMS—Continuous emissions rate monitoring system

CO—Carbon monoxide

CPMS—Continuous parametric monitoring system

ERC—Emission reduction credit

LAER—Lowest achievable emission rate

lb—Pounds

MACT—Maximum achievable control technology

MERC—Mobile emission reduction credit

μg/m3

—Micrograms per cubic meter

mg/m3

—Milligrams per cubic meter

NOx—Nitrogen oxides

NSPS—New source performance standard

NSR—New source review

O2—Oxygen

PAL—Plantwide Applicability Limit

PEMS—Predictive emissions monitoring system

PM—Particulate matter

PM2.5—Particulate matter less than or equal to 2.5

micrometers

PM-10—Particulate matter less than or equal to 10

micrometers

RACT—Reasonably available control technology

SOx—Sulfur oxides

TPY—Tons per year

VOC—Volatile organic compound

§ 127.202. Effective date.

(a) The special permit requirements in this subchapter

apply to an owner or operator of a facility to which a plan

approval will be issued by the Department after May 19,

2007, except for PM2.5, which will apply after September

3, 2011.

(b) For SOx, PM2.5, PM-10, lead and CO, this

subchapter applies until a given nonattainment area is

redesignated as an unclassifiable or attainment area.

After a redesignation, special permit conditions remain

effective until the Department approves a permit modification request and modifies the permit.

§ 127.203. Facilities subject to special permit requirements.

(a) This subchapter applies to the construction of a new

major facility or modification at an existing major facility

located in a nonattainment area, an ozone transport

region or an attainment or unclassifiable area which

impacts a nonattainment area in excess of the following

significance levels:

Pollutant Averaging time

Annual 24 (hours) 8 (hours) 3 (hours) 1 (hours)

SO2 1.0 μg/m3 5 μg/m3 - 25 μg/m3 -

PM-10 1.0 μg/m3 5 μg/m3 -- -

CO - - 0.5 mg/m3 - 2 mg/m3

Lead - 0.1 μg/m3 -- -

(b) The following provisions apply to an owner or

operator of a facility located in Bucks, Chester, Delaware,

Montgomery or Philadelphia County or an area classified

as a serious or severe ozone nonattainment area:

(1) The applicability requirements in § 127.203a (relating to applicability determination) apply except as provided by this subsection. The requirements of this

subchapter apply if the aggregated emissions determined

according to subparagraph (i) or (ii) exceed 25 TPY of

NOx or VOCs.

(i) The proposed increases and decreases in emissions

are aggregated with the other increases in net emissions

RULES AND REGULATIONS 4769

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
occurring over a consecutive 5 calendar-year period,

which includes the calendar year of the modification or

addition which results in the emissions increase. The

aggregated VOC or NOx emissions must meet the applicability requirements in paragraph (2) or (3).

(ii) The proposed increases and decreases in emissions

are aggregated with other increases and decreases which

occurred within 10 years prior to the date of submission

of a complete plan approval application. If the aggregated

emissions increase calculated using this subparagraph

meets or exceeds the emissions rate that is significant,

only the emissions offset requirements in § 127.205(3)

(relating to special permit requirements) apply to the

aggregated emissions.

(2) An increase in emissions of VOCs or NOx, other

than a de minimis emission increase, from a discrete

operation, unit or other pollutant emitting activity at a

facility with a potential to emit less than 100 TPY of

VOCs or NOx, is considered a modification unless the

owner or operator elects to offset the increase by a

greater reduction in emissions of VOCs or NOx from other

operations, units or activities within the facility at an

internal offset ratio of at least 1.3 to 1. If the owner or

operator does not elect to offset at the required ratio, the

increase is considered a modification and the BACT

requirement is substituted for LAER. The owner or

operator of the facility shall comply with all applicable

requirements including the BAT requirement.

(3) An increase in emissions of VOCs or NOx, other

than a de minimis emission increase, from a discrete

operation, unit or other pollutant emitting activity at a

facility with a potential to emit of 100 TPY or more, is

considered a modification unless the owner or operator

elects to offset the increase by a greater reduction in

emissions of VOCs or NOx from other operations, units or

activities within the facility at an internal offset ratio of

at least 1.3 to 1. If the owner or operator elects to offset

at the required ratio, the LAER requirement does not

apply. The owner or operator of the facility shall comply

with the applicable requirements including the BAT

requirement.

(c) The NSR requirements of this subchapter apply to

an owner or operator of:

(1) A facility at which the net emissions increase as

determined under this subchapter meets or exceeds the

applicable emissions rate that is significant. A decrease in

a facility’s emissions will not qualify as a decrease for

purposes of this subchapter unless the ERC provisions in

§ 127.207(1) and (3)—(7) (relating to creditable emissions

decrease or ERC generation and creation) are met.

(2) A major facility subject to this subchapter which

was deactivated for a period in excess of 1 year and is not

in compliance with the reactivation requirements of

§ 127.215 (relating to reactivation).

(d) The requirements of this subchapter which apply to

VOC emissions from major facilities and major modifications apply to NOx emissions from major facilities and

major modifications in an ozone transport region or an

ozone nonattainment area classified as marginal, basic,

moderate, serious, severe or extreme, except in areas

which the EPA has determined that additional reductions

of NOx will not produce net air quality benefits.

(e) The following provisions apply to an owner or

operator of a major facility subject to this subchapter:

(1) Approval to construct or modify an air contamination source or facility does not relieve an owner or

operator of the responsibility to comply fully with applicable provisions of the SIP and other requirements under

local, State or Federal law.

(2) If a particular source or modification becomes a

major facility or major modification solely by virtue of a

relaxation in an enforcement limitation which was established after August 7, 1980, on the capacity of the source

or modification to emit a pollutant including a restriction

on hours of operation, the requirements of this

subchapter also apply to the source or modification as

though construction had not yet commenced on the source

or modification.

(f) The NSR requirements of this subchapter do not

apply to an owner or operator of a major facility at which:

(1) A physical change or change in the method of

operation still maintains its total facility-wide emissions

below the PAL, meets the requirements in § 127.218

(relating to PALs) and complies with the PAL permit.

(2) A project results in a net emissions increase which

does not meet or exceed the applicable emissions rate

that is significant.

(3) A proposed de minimis increase results in a net

emissions increase calculated using emissions increases

and decreases which occurred within 10 years prior to the

date of submission of a complete plan approval application, which does not meet or exceed the emissions rate

that is significant.

(4) Construction of a new facility or a project at an

existing major facility located in an attainment or unclassifiable area does not impact a nonattainment area for

the applicable pollutant in excess of the significance level

specified in § 127.203a.

§ 127.203a. Applicability determination.

(a) The Department will conduct an applicability determination during its review of a plan approval application

for the construction of a new major facility or modification

at an existing major facility under this section. The owner

or operator of the facility shall include in the plan

approval application the estimate of an emissions increase in a regulated NSR pollutant from the project. The

owner or operator shall calculate an emissions increase in

a regulated NSR pollutant from a project in accordance

with paragraph (1). The owner or operator shall calculate

a net emissions increase in accordance with paragraph

(1)(ii), if the emissions increase from a project equals or

exceeds the applicable emissions rate that is ‘‘significant’’

as defined in § 121.1 (relating to definitions). If the

emissions increase from a project does not exceed the

listed applicable emissions rate that is significant, the

owner or operator shall calculate the net emissions

increase in accordance with paragraph (2).

(1) As part of the plan approval application, the owner

or operator of the facility shall calculate whether a

significant emissions increase and a significant net emissions increase will occur as a result of a physical change

or change in the method of operation. The owner or

operator of the facility shall use the procedures in

subparagraph (i) to calculate the emissions increase in a

regulated NSR pollutant due to the project, and the

procedures in subparagraph (ii) to calculate the net

emissions increase in a regulated NSR pollutant. A

project is a major modification for a regulated NSR

pollutant if it causes two types of emissions increases—a

significant emissions increase and a significant net emissions increase. If the project causes a significant emis4770 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
sions increase, the project is a major modification if it

also results in a significant net emissions increase.

(i) The emissions increase in a regulated NSR pollutant

due to the project will be the sum of the following:

(A) For existing emissions units, an emissions increase

of a regulated NSR pollutant is the difference between

the projected actual emissions and the baseline actual

emissions for each unit, as determined in paragraphs (4)

and (5). When calculating an increase in emissions that

results from the particular project, exclude that portion of

the unit’s emissions following completion of the project

that existing units could have accommodated during the

consecutive 24-month period used to establish the

baseline actual emissions and that is also unrelated to

the particular project, including all increased utilization

due to product demand growth as specified in paragraph

(5)(i)(C).

(B) For new emissions units, the emissions increase of

a regulated NSR pollutant will be the potential to emit

from each new emissions unit.

(ii) The net emissions increase for a regulated NSR

pollutant emitted by a major facility will be the amount

by which the sum of the following exceeds zero:

(A) The increase in emissions from a physical change

or change in the method of operation at a major facility

as calculated under subparagraph (i).

(B) Other increases and decreases in actual emissions

at the major facility that are contemporaneous with the

project and are otherwise creditable.

(I) An increase or decrease in actual emissions is

contemporaneous with the increase from the particular

change only if it occurs between the date 5 years before

construction on the project commences and the date that

construction on the project is completed.

(II) Baseline actual emissions for calculating increases

are determined as specified under paragraph (4), except

that paragraph (4)(i)(D) does not apply.

(2) As part of the plan approval application for a

proposed de minimis emission increase, the owner or

operator of the facility shall use subparagraphs (i) and (ii)

to calculate the net emissions increase for a regulated

NSR pollutant except PM2.5 and PM2.5 precursors. For a

proposed de minimis increase in which the net emissions

increase calculated using subparagraphs (i) and (ii) meets

or exceeds the emissions rate that is significant, only the

emissions offset requirements in this subchapter apply to

the net emissions increase.

(i) The net emissions increase is the sum of the

proposed de minimis increase due to the project and the

previously determined increases in potential emissions or

actual emissions and decreases in actual emissions that

are contemporaneous with the project.

(ii) An increase or decrease is contemporaneous if it

occurred within 10 years prior to the date of the Department’s receipt of a complete plan approval application.

*****

§ 127.204. Emissions subject to this subchapter.

(a) In determining whether a project exceeds the emission rate that is significant or the significance levels

specified in § 127.203 (relating to facilities subject to

special permit requirements), the potential to emit, actual

emissions and actual emissions increase shall be determined by aggregating the emissions or emissions increases from contiguous or adjacent properties under the

common control of a person or entity. The aggregation

must include emissions resulting from the following: flue

emissions, stack and additional fugitive emissions, material transfer, use of parking lots and paved and unpaved

roads on the facility property, storage piles and other

emission generating activities resulting from operation of

the new or modified facility.

(b) Secondary emissions may not be considered in

determining whether a facility meets the requirements of

this subchapter. If a facility is subject to this subchapter

on the basis of the direct emissions from the facility, the

conditions of § 127.205 (relating to special permit requirements) shall also be met for secondary emissions.

§ 127.206. ERC general requirements.

*****

(o) Except as provided under § 127.210 (relating to

offset ratios), an ERC created for a regulated criteria

pollutant shall only be used for offsetting or netting an

emissions increase involving the same criteria pollutant

unless approved in writing by the Department and the

EPA.

(p) The owner or operator of a source or facility which

has registered ERCs with the Department may not

exceed the emissions limitation or violate other permit

conditions established in generating the ERCs.

(q) ERCs may not be generated for emissions in excess

of those previously identified in required emission statements and for which applicable emission fees have been

paid.

(r) Emission reductions occurring at a facility after

April 5, 2005, but prior to September 3, 2011, may be

used to generate ERCs in accordance with this

subchapter, if a complete ERC registry application is

submitted to the Department by September 3, 2012.

§ 127.210. Offset ratios.

(a) The emissions offset ratios for NSR purposes and

ERC transactions subject to the requirements of this

subchapter must be in an amount equal to or greater

than the ratios specified in the following table:

Required Emission Offsets For Existing Sources, Expressed in Tons per Year

Pollutant/Area

Flue

Emissions

Fugitive

Emissions

PM-10 and SOx 1.3:1 5:1

Volatile Organic Compounds

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.3:1

1.3:1

1.3:1

1.3:1

NOx

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

Carbon Monoxide

Primary Nonattainment Areas 1.1:1 1.1:1

RULES AND REGULATIONS 4771

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
Pollutant/Area

Flue

Emissions

Fugitive

Emissions

Lead 1.1:1 1.1:1

PM2.5

PM2.5 Nonattainment Area

PM2.5 1:1 1:1

PM2.5 Precursors

SO2 1:1 1:1

NOx 1:1 1:1

(b) In complying with the emissions offset requirements of this subchapter, the emission offsets obtained

shall be of the same NSR regulated pollutant unless

interpollutant offsetting is authorized for a particular

pollutant in accordance with subsection (c).

(c) The Department may, based on a technical assessment, establish interpollutant trading ratios for offsetting

PM2.5 emissions or PM2.5 precursor emissions in a specific

nonattainment area or geographic area in this Commonwealth. The interpollutant trading ratios shall be subject

to public review and comment for at least 30 days prior to

submission to the EPA for approval as a SIP revision.

(d) If the EPA promulgates PM2.5 interpollutant trading ratios in 40 CFR Part 51 (relating to requirements for

preparation, adoption, and submittal of implementation

plans), the ratios will be adopted and incorporated by

reference.

[Pa.B. Doc. No. 11-1502. Filed for public inspection September 2, 2011, 9:00 a.m.]

Title 67—TRANSPORTATION

DEPARTMENT OF TRANSPORTATION

Address Updates

The Department of Transportation gives notice of administrative corrections needed in various sections of 67

Pa. Code. The addresses for several Department of Transportation offices as listed in 67 Pa. Code are no longer

current. The following sections provide the correct contact

information.

BARRY J. SCHOCH, P.E.,

Secretary

(Editor’s Note: The editorial changes to the following

sections of 67 Pa. Code do not substantively change the

text. These sections will be updated in the November

2011 update to the Pennsylvania Code.)

67 Pa. Code § 179.1. Definitions.

The following words and terms, when used in this

chapter, have the following meanings unless the context

clearly indicates otherwise:

*****

Central Permit Office—The office which administers

this chapter, located at:

Department of Transportation

Central Permit Office

400 North Street, 6th Floor

Harrisburg, Pennsylvania 17120-0041

*****

67 Pa. Code § 179.8. Permit application procedure.

Except as otherwise specified in this chapter, a permit

application shall be made to the district or county office

having jurisdiction over the point of origin or the point of

destination in this Commonwealth. An application shall

be submitted in the name of the responsible motor carrier

and shall be properly completed.

*****

(6) The applicant may appeal a denial of a permit by

the Department under 2 Pa.C.S. §§ 501—508 (relating to

practice and procedure of Commonwealth agencies), by

submitting a written request for a hearing within 30 days

after service of the document containing the denial, to the

Commonwealth of Pennsylvania, Department of Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor, Harrisburg,

Pennsylvania 17120-0096. A filing fee, as prescribed

under Chapter 491 (relating to administrative practice

and procedure), made payable to the ‘‘Commonwealth of

Pennsylvania,’’ shall accompany each request.

*****

67 Pa. Code § 179.15. Telecommunications vendor

services.

The Department will allow a person to install and

maintain telecommunications equipment, such as

telefacsimile, in the district offices, as specified in this

section.

*****

TABLE 15-1

District Annual Fee

Number of

Permits Annual

Fee Represents

1-0—Oil City $10,000 5,000

2-0—Clearfield 2,000 1,000

3-0—Montoursville 4,000 2,000

4-0—Dunmore 6,000 3,000

5-0—Allentown 6,000 3,000

6-0—King of Prussia 10,000 5,000

8-0—Harrisburg 14,000 7,000

9-0—Hollidaysburg 4,000 2,000

10-0—Indiana 4,000 2,000

11-0—Pittsburgh 6,000 3,000

12-0—Uniontown 6,000 3,000

Total—All Districts $72,000 36,000

67 Pa. Code § 202.4. Appeal of denial of application.

If an application is denied, the applicant may appeal

the decision of the Department of Transportation (Department) by submitting, within 20 days of the Department’s

decision, a written request for an administrative hearing

to the Commonwealth of Pennsylvania, Department of

Transportation, Administrative Docket Clerk, Commonwealth Keystone Building, 400 North Street, 9th Floor,

Harrisburg, Pennsylvania 17120-0096. The applicant’s

written request shall be accompanied by a $100 filing fee.

67 Pa. Code § 441.1. Definitions.

The following words and terms, when used in this

chapter, have the following meanings, unless the context

clearly indicates otherwise:

*****

Central Permit Office—The office for the control of

issuance of permits located at:

Department of Transportation

Central Permit Office

400 North Street, 6th Floor

Harrisburg, Pennsylvania 17120-0041

*****

4772 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011
PENNSYLVANIA 

Nonattainment New Source Review for PM2.5

25 Pa. Code Chapters 121 and 127 

40 Pa.B. 703 (February 6, 2010)

Environmental Quality Board Regulation #7-450 

(Independent Regulatory Review Commission #2818)

Comment and Response Document
NSR PM2.5 Comment Response Document EQB 5-18-2011

2 of 28

Background

On July 18, 1997, the United States Environmental Protection Agency (EPA) revised the 

National Ambient Air Quality Standard (NAAQS) for the criteria pollutant particulate matter

(PM) to add a new standard for fine particles, using fine particulates equal to and less than 2.5 

micrometers in diameter (PM2.5) as the indicator. 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. See 62 FR 38652. The health-based 

primary standard is designed to protect human health from elevated levels of PM2.5, which have 

been linked to premature mortality and other important health effects. The secondary standard is 

designed to protect against major environmental effects of PM2.5 such as visibility impairment, 

soiling and materials damage. In December 2004, the EPA designated all or portions of the 

following counties in Pennsylvania as nonattainment areas for the 1997 fine particulate matter 

annual NAAQS: Allegheny (partial), Armstrong (partial), Beaver, Berks, Bucks, Butler, 

Cambria, Chester, Cumberland, Dauphin, Delaware, Greene (partial ), Indiana (partial),

Lancaster, Lawrence (partial), Lebanon, Montgomery, Philadelphia, Pittsburgh/Liberty-Clairton

(partial), Washington, Westmoreland and York. See 70 FR 944 at 999 (January 5, 2005). No 

counties were designated nonattainment for the 1997 24-hour standard.

Subsequently, on October 17, 2006, the EPA lowered the primary and secondary 24-hour 

NAAQS for PM2.5 to 35 μg/m3from 65 μg/m3. See 71 FR 61236. The following counties or 

portions thereof have been designated by the EPA as nonattainment for the 2006 24-hour fine 

particulate 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 at 

p. 58758 (November 13, 2009).

The EPA published its final rule for the ―Implementation of the New Source Review (NSR) 

Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)‖ at 73 FR 28321 (May 16, 

2008). This Federal regulation requires states with PM2.5 nonattainment areas to submit revised 

nonattainment NSR programs to the EPA for State Implementation Plan (SIP) approval within 3 

years from the date of publication of the Federal final rule, or by May 16, 2011.

Scientific research has shown that various precursor pollutants participate in secondary particle 

formation and contribute significantly to ambient PM2.5 concentrations, producing approximately 

half of the PM2.5 concentration Nationally. Precursor pollutants to particle formation include the 

following: sulfur dioxide (SO2); oxides (NOx); volatile organic compounds (VOC); and

ammonia. Given the complexity of PM formation processes, new information from the scientific

community continues to emerge to improve our understanding of the relationship between 

sources of PM precursors and secondary particle formation. The Federal final rule published at 

73 FR 28321 requires that SO2 be regulated as a PM2.5 precursor; NOx is presumed regulated; 

VOC and ammonia are presumed not regulated. See 73 FR 28325.

On February 6, 2010, the Environmental Quality Board (Board, EQB) published in the 

Pennsylvania Bulletin a notice of public comment period and public hearings on a proposed 

rulemaking that would amend certain sections of 25 Pa. Code Chapters 121 and 127 (relating to 
NSR PM2.5 Comment Response Document EQB 5-18-2011

3 of 28

general provisions; and construction, modification, reactivation and operation of sources) (40 

Pa.B. 703). The proposed rulemaking would amend the existing nonattainment NSR 

requirements in Chapter 127, Subchapter E (relating to new source review) to incorporate the 

2008 Federal requirements for PM2.5 and for PM2.5 precursors published at 73 FR 28321. 

The proposed rulemaking added requirements to Chapter 127, Subchapter E, § 127.203a 

(relating to applicability determination) and other sections of Subchapter E to expand the 

applicability of the existing nonattainment NSR program to include emissions of PM2.5 and 

emissions of the PM2.5 precursors SO2 and NOx. Because the EPA determined that there is 

considerable uncertainty related to ammonia as a precursor for PM2.5, the proposed rulemaking 

did not propose that ammonia to be regulated as a PM2.5 precursor. VOCs are also presumed not 

regulated and were not proposed for regulation as a PM2.5 precursor pollutant. Other clarifying 

amendments for Chapter 127 were also proposed. 

The proposed rulemaking amendments would apply to construction of either a major facility, a

major modification at an existing major facility, or both, located in an area in this 

Commonwealth that is nonattainment for the criteria pollutant PM2.5. A facility is a ―major 

facility‖ if its actual emissions or its potential to emit for a specific pollutant equals or exceeds 

the major facility threshold for that pollutant. The PM2.5 threshold for a new source is 100 tons 

per year (TPY) of PM2.5. The PM2.5 threshold for a major modification at an existing facility is 

10 TPY of PM2.5.

The proposed rulemaking also amended § 121.1 (relating to definitions) to add a new term and 

definition, ―PM2.5,‖ and amended the definitions of the following existing terms to include the 

requirements for PM2.5: ―regulated NSR pollutant‖ and ―significant.‖ In addition the proposed 

rulemaking deleted an existing term and definition, ―maximum allowable emissions,‖ because 

this term is no longer needed to support the existing requirements of Subchapter E. 
NSR PM2.5 Comment Response Document EQB 5-18-2011

4 of 28

Public Comment Period and Public Hearings 

The public comment period opened on February 6, 2010, and closed on April 12, 2010. Three 

public hearings were held on the proposed rulemaking as follows:

March 9, 2010 Department of Environmental Protection 

1:00 p.m. Southwest Regional Office 

Waterfront Conference Room A and B

400 Waterfront Drive

Pittsburgh, PA 15222-4745

March 10, 2010 Department of Environmental Protection 

1:00 p.m. Southeast Regional Office 

Delaware Conference Room

2 East Main Street

Norristown, PA 19401

March 12, 2010 Department of Environmental Protection 

1:00 p.m. Southcentral Regional Office 

Susquehanna A Conference Room

909 Elmerton Avenue

Harrisburg, PA 17110

The Board received written comments on the proposed rulemaking from eight commentators, 

including the Independent Regulatory Review Commission (IRRC). This document summarizes 

the written comments received from the public during the public comment period and the 

comments received from the IRRC. Each comment is provided with the identifying 

commentator number for each commentator that made that comment. A list of the 

commentators, including name, affiliation (if any), and location, can be found on page 6 of this 

document.

The Board invited each commentator to prepare a one-page summary of the commentator‘s 

comments. Two one-page summaries were submitted for this rulemaking; copies are attached at 

the end of this document in Appendix A.

No testimony was received during the public hearings. 

No comments were received from the House and Senate Environmental Resources and Energy 

Committees.
NSR PM2.5 Comment Response Document EQB 5-18-2011

5 of 28

Abbreviations, acronyms and symbols used in this document:

APCA – Pennsylvania Air Pollution Control Act (35 P.S. §§ 4001-4015)

BACT – Best Available Control Technology

Board – Environmental Quality Board

CAA – Clean Air Act (42 U.S.C.A. §§ 7401—7671q)

CAIR – Clean Air Interstate Rule

CFR – Code of Federal Regulations

CO – Carbon monoxide

DEP – Pennsylvania Department of Environmental Protection

EPA – United States Environmental Protection Agency

EQB – Environmental Quality Board

ERC – Emissions Reduction Credit

FR – Federal Register

IRRC – Independent Regulatory Review Commission

LAER – Lowest Achievable Emission Rate

NAAQS – National Ambient Air Quality Standard

NOx – Nitrogen oxides

NSR – New Source Review

PM – Particulate matter

PM2.5 – Fine particulate matter equal to and less than 2.5 micrometers in diameter

PSD – Prevention of Significant Deterioration

RACT – Reasonably Available Control Technology

SIP – State Implementation Plan

§ - Section

§§ - Sections 

SO2 – Sulfur dioxide

SOx – Sulfur oxides

TPY – Tons per year

VOC – Volatile Organic Compound
NSR PM2.5 Comment Response Document EQB 5-18-2011

6 of 28

Commentator List for Nonattainment New Source Review for PM2.5

ID Name/Address Submitted 

one page 

Summary 

for 

distribution 

to EQB 

Provided 

Testimony

Requested 

Final 

Rulemaking 

following 

EQB

Action

1. Mr. Luis A. Comas

Environmental Manager Consultant

Sunoco, Inc.

10 Industrial Highway MS4

Lester, PA. 19029

2. Mr. Jeff A. McNelly, Executive Director 

ARIPPA

2015 Chestnut Street

Camp Hill, PA. 17011

3. Ms. Carol F. McCabe, Esquire

Manko, Gold, Katcher and Fox, LLP

401 City Avenue, Suite 500

Bala Cynwyd, PA. 19004

X

4. Mr. John Shimshock

Senior Air Environmental Specialist

RRI Energy, Inc.

121 Champion Way, Suite 200

Canonsburg, PA.15317

X

5. Mr. M. Gary Helm

Senior Environmental Consultant

Conectiv Energy

Gary.Helm@Conectiv.com

6. Mr. Sean McGowan, Manager 

Environmental Affairs

Carpenter Technology Corporation

P.O. Box 14662

Reading, PA. 19612-4662

7. Mr. Gene Barr, Vice President 

Government and Public Affairs

Pennsylvania Chamber of Business and 

Industry

417 Walnut Street

Harrisburg, PA. 17101-1902

8. Ms. Kim Kaufman, Executive Director

Independent Regulatory Review 

Commission

333 Market Street, 14th Floor

Harrisburg, PA 17101
NSR PM2.5 Comment Response Document EQB 5-18-2011

7 of 28

General Comments

1. Comment: A commentator understands that the proposed rulemaking would amend the 

existing requirements promulgated in Chapter 127, Subchapter E to incorporate recently 

promulgated Federal requirements for PM2.5 and PM2.5 precursors. Although the commentator 

understands the impetus for the proposed rulemaking, the commentator insists that the proposed 

changes mirror the new Federal requirements to the extent practicable. This would help to 

ensure consistency (where appropriate) among the following:

• Federal regulations, especially 40 CFR 51.166 and 40 CFR 52.21, regarding prevention 

of significant deterioration of air quality (PSD).

• 25 Pa. Code Chapter 127, Subchapter D (relating to prevention of significant 

deterioration of air quality), which is applicable to attainment and unclassifiable areas -

40 CFR 52.21 is incorporated by reference under Subchapter D.

• 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), which is 

applicable to nonattainment areas - Subchapter E regulations supersede 40 CFR 51.166 

regulations in Pennsylvania. 

(4)

Response: The Department of Environmental Protection (Department) agrees with the 

commentator that there should be consistency between the Federal requirements and the 

Commonwealth‘s regulations. The proposed rulemaking amended provisions of Subchapter E to 

incorporate the EPA‘s requirements for PM2.5 and precursor emissions. These requirements are 

found in the EPA‘s final rule for the ―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). This final rule amends the Federal NSR regulations to establish the minimum 

elements for State programs implementing nonattainment NSR for the PM2.5 NAAQS. The 

Department‘s proposed rulemaking included the elements of the Federal final rule that were 

necessary to expand the applicability of the Commonwealth‘s existing nonattainment NSR 

program to include emissions of PM2.5 and emissions of the PM2.5 precursors SO2 and NOx.

Further, the Department would like to clarify that Chapter 127, Subchapter D, implements the 

PSD requirements of 40 CFR 51.166 and 52.21, applicable in PM2.5 attainment and 

unclassifiable areas. The PSD program applies when a major source that is located in an area 

that is designated as attainment or unclassifiable for a criteria pollutant is constructed or 

undergoes a major modification. The Federal regulations applicable to PSD programs are found 

at 40 CFR 51.165(b), 51.166, and 52.21. Chapter 127, Subchapter E, implements the 

requirements of 40 CFR 51.165, regarding permit requirements, for nonattainment NSR and does 

not supersede the requirements of 40 CFR 51.166. The nonattainment NSR program applies 

when a major source that is located in an area that is designated as nonattainment for a criteria 

pollutant is constructed or undergoes a major modification. The Federal regulations applicable 

to nonattainment NSR are found at 40 CFR 51.165, 51 Appendix S, and 52.24. See 73 FR 28321 

at p. 28323 (May 16, 2008).
NSR PM2.5 Comment Response Document EQB 5-18-2011

8 of 28

2. Comment: A commentator states that the Proposed NSR Amendments constitute the Board's 

response to revisions made by the EPA to the Federal NSR program in May 2008. See 73 FR 

28321 (May 16, 2008) (hereinafter the "Federal PM2.5 NSR Rule"). However, the Proposed NSR 

Amendments differ from the Federal PM2.5 NSR Rule in several important respects. In general, 

if promulgated, the Proposed NSR Amendments would render Pennsylvania's NSR regulations 

significantly more stringent than the Federal PM2.5 NSR Rule. These overly stringent regulations 

would directly interfere with economic development in Pennsylvania and place Pennsylvania 

businesses at a significant competitive disadvantage relative to other states.

A fundamental difficulty with the Proposed NSR Amendments is the Board's attempt to meet the 

requirements of the Federal PM2.5 NSR Rule by applying Pennsylvania's existing NSR provisions 

to PM2.5. Because Pennsylvania's existing NSR rules were developed specifically to address 

particular issues relating to Pennsylvania's ozone nonattainment areas, and have been amended 

many times over many years, the rules are not suited in many respects to also address PM2.5. The 

application of these longstanding ozone nonattainment NSR concepts to PM2.5 will create undue 

burdens on the regulated community, will discourage new projects, and will have an adverse 

economic impact on Pennsylvania's industrial facilities. In this context, the Board must meet its 

obligation under the Pennsylvania Air Pollution Control Act (APCA) (35 P.S. §§ 4001-4015) to 

demonstrate that these more-stringent-than-Federal requirements are necessary to achieve or 

maintain ambient air quality standards for PM2.5. Relying on past determinations relevant to 

ozone nonattainment is not sufficient. Additionally, for each provision of the Proposed NSR 

Amendments that is more stringent than the Federal PM2.5 NSR Rule, the Board should conduct 

a specific evaluation under section 5(a) of the Pennsylvania Regulatory Review Act, 71 P.S. 

§ 745.5, to ensure that in light of the adverse economic effects of the Proposed NSR 

Amendments, the regulation is promulgated in the public interest. (3)

Response: The Board did not propose amendments at 40 Pa.B. 703 (February 6, 2010) to many 

existing provisions of the NSR requirements found in Chapter 127, Subchapter E, which were 

published at 24 Pa.B. 443 (January 15, 1994). These provisions addressed the construction or 

modification of certain air contamination facilities in a nonattainment area or having an impact 

on a nonattainment area. The owners and operators of these facilities were subject to special 

permit requirements if the facility had the potential to emit 100 TPY or more of the following 

pollutants: particulate matter of 10 micrometers or less (PM-10), sulfur oxides (SOx), carbon 

monoxide (CO) or lead. Further, the 1994 provisions applied to the owner or operator of a 

facility that emitted volatile organic compounds (VOC) or nitrogen oxides (NOx) in certain 

ozone nonattainment or unclassifiable/attainment areas that met the applicable requirements. 

The 1994 final-form regulation was approved by the EPA as a revision to the SIP at 62 FR 64722 

(December 9, 1997), and is codified in 40 CFR 52.2020, regarding identification of plan –

Pennsylvania. Subsequent to the 1994 final rulemaking, the EPA initiated a number of changes 

to the Federal requirements for NSR, which are discussed in the Order to the Board‘s final 

rulemaking published at 37 Pa.B. 2365 (May 19, 2007). Amendments to Subchapter E, 

published at 37 Pa.B. 2365, were effective May 19, 2007. The 2007 amendments were 

submitted to the EPA on August 9, 2007, as an equivalency demonstration and revision to the 

SIP. The Department has relied on the requirements implemented under the 1994 and 2007 

rulemakings, including aggregation of de minimis emissions for the regulated pollutants, as part 

of the Commonwealth‘s efforts to attain and maintain the NAAQS for certain criteria pollutants 

established under section 109 of the Clean Air Act (42 U.S.C.A. § 7409, regarding National 
NSR PM2.5 Comment Response Document EQB 5-18-2011

9 of 28

primary and secondary ambient air quality standards) and implementing regulations. These 

provisions must be maintained to satisfy the anti-backsliding provisions of sections 110 and 193 

of the CAA (42 U.S.C.A. §§ 7410 and 7515, regarding state implementation plans for National 

primary and secondary ambient air quality standards; and general savings clause). 

However, in light of the concerns raised and the limited availability of PM2.5 emission reduction 

credits (ERCs) for emission offsets for new or modified major source projects, the final-form 

regulation does not require the aggregation of de minimis emissions for PM2.5 and PM2.5

precursors. Section 127.203a(a)(2) (relating to applicability determination) of the final-form 

regulation specifically excludes PM2.5 and PM2.5 precursors, as follows:

―As part of the plan approval application for a proposed de minimis emission 

increase, the owner or operator of the facility shall use subparagraphs (i) and (ii) 

to calculate the net emissions increase FOR A REGULATED NSR 

POLLUTANT EXCEPT PM2.5 AND PM2.5 PRECURSORS. For a proposed 

de minimis increase in which the net emissions increase calculated using 

subparagraphs (i) and (ii) meets or exceeds the emissions rate that is significant, 

only the emissions offset requirements [in § 127.205(3) (relating to special 

permit requirements)] of this subchapter apply to the net emissions increase.‖

3. Comment: The IRRC stated that there appears to be some inconsistency between the 

Regulatory Analysis Form (RAF) and Preamble as to whether this proposed regulation is 

consistent with or more stringent than Federal regulations. Item #24 of the RAF states that the 

proposal is not more stringent than Federal standards. Meanwhile, the Preamble or Order 

includes the following statement:

To the extent that any of the proposed revisions are more stringent than any Federal 

requirements, these revisions are reasonably necessary in order to attain and maintain 

the PM2.5 NAAQS [National Ambient Air Quality Standard for fine particulate matter 

equal to and less than 2.5 micrometers in diameter]. (8)

Response: The proposed rulemaking is more stringent than Federal regulations in three ways –

de minimis aggregation, fugitive emissions, and the contemporaneous period provisions which 

were approved by the EPA as a revision to the SIP and implemented by the Department for at 

least 15 years. As a result, the Preamble is correct. However, the final rulemaking does not 

include de minimis aggregation requirements for PM2.5 and PM2.5 precursors due to the limited 

availability of emission offsets for new or modified major source projects. As more fully 

explained in our response to comment 19, the Board did not propose amendments at 40 Pa.B. 

703 to revise the aggregation of de minimis emissions of VOC or NOx provisions of 

§ 127.203(b)(1) (relating to facilities subject to special permit requirements). This major facility

provision was included in the final rulemaking published at 24 Pa.B. 443 (January 15, 1994). 

The 1994 final rulemaking was approved by the EPA as a revision to the SIP at 62 FR 64722 

(December 9, 1997), and is codified in 40 CFR 52.2020, regarding identification of plan –

Pennsylvania. The SIP-approved major facility provision includes fugitive emissions from all 

sources when determining the status of a major facility, rather than considering fugitives for just 

the 28 source categories listed in the Federal definition of the term ―major stationary source‖ 

found at 40 CFR 51.165(a)(1)(iv)(A), regarding permit requirements. The more stringent than 
NSR PM2.5 Comment Response Document EQB 5-18-2011

10 of 28

provisions were determined by the Board to be reasonably necessary to attain and maintain the 

NAAQS. In order to attain and maintain the NAAQS in this Commonwealth, the Department 

has relied on the inclusion of fugitive emissions of all criteria pollutants, including particulate 

matter, CO and ozone and its precursors, VOC and NOx, from all major facilities. In regards to 

the contemporaneous provision in § 127.203a (relating to applicability determination), which 

was adopted in 2007 at 37 Pa.B. 2385 (May 19, 2007), the Department provides clarification of 

its intention related to this provision as more fully explained in our response to comment 23. 

4. Comment: The IRRC stated that the EQB and DEP should identify the specific standards 

and provisions that apply to PM2.5 and are different from the Federal program with crossreferences to the specific Federal rules and standards. Where there is a difference, the need for 

the state rule should be explained and justified. What impacts will the proposal have on 

Pennsylvania businesses and industries that are competing with the same types of businesses and 

industries in other jurisdictions? What impact will it have on keeping businesses and industries 

in Pennsylvania, and attracting new companies to locate in Pennsylvania? Answers to these 

questions and related information should be provided with the final-form regulation. (8)

Response: See response to comment 3 related to the differences in the Federal and state 

programs. In addition, the purpose of the new source review rule is to implement control 

measures on new or modified major sources to prevent increases in PM2.5 emissions, or to 

achieve emission reductions, in order to attain and maintain the PM2.5 NAAQS according to the 

statutory deadlines prescribed by the CAA. When a PM2.5 nonattainment area attains the healthbased standard, the Department prepares and submit requests to the EPA for the redesignation of 

the area to attainment—if approved by the EPA, the nonattainment NSR provisions would no 

longer apply to new or modified major sources. When the Commonwealth brings areas into an 

attainment status, the permitting becomes easier. If the Commonwealth fails to maintain or bring 

areas into attainment, then the industries have to do more emissions reductions. Maintaining the 

Commonwealth‘s attainment status is important as we look to attract new businesses and avoid 

implementing additional regulations upon those businesses. 

In regards to new sources, the majority of the counties in this Commonwealth are located in 

PM2.5 attainment areas. These attainment areas actually attract new businesses and avoid the 

implementation of additional regulations. 

5. Comment: The IRRC further stated that a related concern is the response to item #25 on 

page seven of the RAF. The response claims that "a number of neighboring states with PM2.5 

nonattainment areas are also currently working on amendments to their NSR programs to meet 

the requirements published by the EPA." Yet, it also states that none of these states have 

proposed their drafts, and "it is not anticipated that these regulations [this proposed rulemaking] 

will place this Commonwealth at a competitive disadvantage." There are two concerns. First, if 

the neighboring states have not yet unveiled proposed drafts of rulemakings, what is the 

assurance that Pennsylvania industries will not be placed at a competitive disadvantage? Second, 

if other states are adopting regulations which are consistent with the federal program while the 

EQB program is more stringent, the EQB and DEP should explain the impact on the 

competitiveness of Pennsylvania businesses and industries. Coordinating a regional response

with the neighboring states may provide a better result for air quality and also help insure that 

industries in different states are not placed at a competitive disadvantage. (8)
NSR PM2.5 Comment Response Document EQB 5-18-2011

11 of 28

Response: The Department conferred with neighboring states in April and November, 2010, 

regarding the status of their NSR PM2.5 rulemakings. A number of neighboring states are still 

working on PM2.5 amendments to their NSR programs to meet the Federal PM2.5 requirements 

and develop SIP revisions by May 2011. West Virginia finalized NSR requirements for PM2.5 on 

June 1, 2010. Delaware expects to propose its rulemaking by May 1, 2011, and finalize its 

rulemaking by July 1, 2011. All of the states with PM2.5 nonattainment areas must submit SIP 

revisions that, at a minimum, will implement the EPA‘s PM2.5 requirements for nonattainment 

areas. It is not anticipated that the final rulemaking will place the owners of affected sources in

this Commonwealth at a competitive disadvantage-- the PM2.5 de minimis aggregation 

requirements were omitted from the final-form regulation because of the limited availability of 

emission offsets. 

Definitions

6. Comment: A commentator stated that enactment of the proposed rulemaking amendments

would result in two distinct and different sets of definitions for some parameters of interest (for 

example, two different definitions for a "regulated NSR pollutant" and "significant," with the 

definitions depending on the attainment status of the pollutant of interest). The commentator 

insists that the definitions be consistent among the regulations in an attempt to promote 

understanding among the stakeholders and consistency of usage. (4)

Response: The Board appreciates the commentator‘s concerns about the definitions of the terms 

―regulated NSR pollutant‖ and ―significant‖ and consistency between the Federal regulations and 

Chapter 127, Subchapters D and E. The proposed rulemaking amended provisions of Subchapter 

E to incorporate the 2008 Federal requirements for PM2.5 and PM2.5 precursors in nonattainment 

NSR areas. The nonattainment NSR program applies when a major source that is located in an 

area that is designated as nonattainment for a criteria pollutant is constructed or undergoes a 

major modification. These requirements for PM2.5 and PM2.5 precursors are found in the EPA‘s 

final rule for the ―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). 

Major new or modified sources in nonattainment areas of this Commonwealth are regulated 

under the nonattainment NSR provisions in Subchapter E; therefore, the Board proposed 

amendments that mirror the Federal requirements published at 73 FR 28321 and codified under 

40 CFR 51.165, regarding permit requirements. Subchapter D incorporates by reference the 

Federal requirements for 40 CFR 52, regarding prevention of significant deterioration of air 

quality, which apply in attainment and unclassifiable areas. The PSD program applies when a 

major source that is located in an area that is designated as attainment or unclassifiable for a 

criteria pollutant is constructed or undergoes a major modification. The definitions and 

requirements for the state-specific NSR and PSD programs mirror the applicable Federal NSR 

and PSD regulations.

7. Comment: The commentator requested that the Department‘s definition of the term

―significant‖ under § 121.1 be consistent and verbatim with the EPA‘s definition of the term 

found at 40 CFR 52.21(b)(23), which is incorporated by reference under Subchapter D, except 

where denoted by strikeout for deletions or shading for proposed text, as follows:
NSR PM2.5 Comment Response Document EQB 5-18-2011

12 of 28

Significant—

(i) In reference to a net emissions increase or the potential of a source to emit any 

of the following pollutants, a rate of emissions that would equal or exceed the 

following emissions rates:

Pollutant Emissions Rate

Carbon monoxide 100 tons per year (TPY)

Nitrogen oxides 40 TPY

Sulfur dioxide 40 TPY

Particulate matter 25 TPY of particulate matter emissions

PM10 15 TPY

PM2.5 10 TPY of direct PM2.5 emissions; 40 TPY

of sulfur dioxide emissions; 40 TPY of 

nitrogen oxide emissions unless 

demonstrated not to be a PM2.5 precursor 

under paragraph (b)(50) of this section

Ozone 40 TPY of volatile organic compounds 

or nitrogen oxides

Lead 0.6 TPY

Fluorides 3 TPY

Sulfuric acid mist 7 TPY

Hydrogen sulfide (H2S) 10 TPY

...

(ii) Significant means, in reference to a net emissions increase or the potential of a 

source to emit a regulated NSR pollutant that paragraph (b)(23)(i) of this section,

subsection (i) above does not list, any emissions rate.

(ii) Notwithstanding paragraph (b)(23)(i) of this section, subsection (i) above,

significant means any emissions rate or any net emissions increase associated with a 

major stationary source or major modification, which would construct within 10 

kilometers of a Class I area, and have an impact on such area equal to or greater than 

1 μg/m3, (24-hour average).

(4)

Response: The EPA‘s definition of the term ―significant‖ found at 40 CFR 52.21(b)(23) applies

to PSD requirements for attainment and unclassifiable areas, not to nonattainment NSR. The 

definition of the term ―significant‖ specified in § 121.1 supports existing requirements in 

Subchapter E for nonattainment NSR and is consistent with the EPA‘s definition of ―significant‖ 

found at 40 CFR 51.165(a)(1)(x)(A) for nonattainment NSR programs. The Department‘s 

proposed amendments to this definition added requirements for PM2.5 and PM2.5 precursors for 

nonattainment NSR, in accordance with the EPA‘s final rule for the ―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). The definition of the term ―significant‖ found at 40 

CFR 51.165(a)(1)(x)(A) for nonattainment NSR addresses only criteria air pollutants and does 
NSR PM2.5 Comment Response Document EQB 5-18-2011

13 of 28

not include emission rates for fluorides, sulfuric acid mist, hydrogen sulfides, reduced sulfide 

compounds, and municipal waste combustor and municipal solid waste landfill emissions. 

8. Comment: The IRRC indicated that the proposed amendments to the definition for the term 

―significant‖ are similar to language in the Federal regulations at 40 CFR 51.166(b)(23)(i), 

except that the proposed amendment did not include the language "unless demonstrated not to be 

a PM2.5 precursor." (8)

Response: The Federal regulations at 40 CFR 51.166(b)(23)(i) apply to PSD in attainment and 

unclassifiable areas. The Department has revised the term ―significant‖ in the final-form 

rulemaking as follows to allow for the demonstration that the NOx emissions are not a 

significant contributor to PM2.5 nonattainment in the area, consistent with 40 CFR 

51.165(a)(1)(x)(A) and 51.165(a)(1)(xxxvii)(C)(3), which are the EPA definitions that pertain to 

nonattainment NSR.

“Significant—

(i) In reference to a net emissions increase or the potential of a facility to emit one of 

the following pollutants at a rate of emissions that would equal or exceed the following 

emissions rates except as specified in subparagraphs (ii)—(v):

Pollutant Emissions Rate 

Carbon monoxide 

(CO): 

100 TPY 

Nitrogen oxides 

(NOx): 

40 TPY 

Sulfur oxides (SOx): 40 TPY

Ozone: 40 TPY of VOCs or NOx

Lead: 0.6 TPY

PM-10: 15 TPY 

PM2.5: 10 TPY of PM2.5; 40 TPY of SO2; 40 TPY of NOx, UNLESS 

THE DEPARTMENT DEMONSTRATES TO THE EPA’S 

SATISFACTION OR THE EPA DETERMINES THAT THE 

NOx EMISSIONS ARE NOT A SIGNIFICANT 

CONTRIBUTOR TO PM2.5 NONATTAINMENT IN THE 

AREA.

***‖
NSR PM2.5 Comment Response Document EQB 5-18-2011

14 of 28

9. Comment: 

Significant—

 (i) In reference to a net emissions increase or the potential of a facility to emit one of the 

following pollutants at a rate of emissions that would equal or exceed the following emissions 

rates except as specified in subparagraphs (ii)—(v): 

Pollutant Emissions Rate 

Carbon monoxide (CO): 100 TPY 

Nitrogen oxides (NOx): 40 TPY 

Sulfur oxides (SOx): 40 TPY 

Ozone: 40 TPY of VOCs or NOx

Lead: 0.6 TPY 

PM-10: 15 TPY 

PM2.5: 10 TPY of PM2.5; 40 TPY of SO2; 40 TPY of NOx

***

A commentator questions the testing procedures and listed relationships and wonders how it was 

calculated, and where the ratios came from, and exact dates for early ERC credit calculations.

Some of the commentator‘s facilities may have upgraded/improved baghouses to reduce PM2.5

and PM10 emissions during a time period when Clean Air Interstate Rule (CAIR) and Clean Air 

Mercury Rule (CAMR) regulations were being proposed and debated. The current dates listed 

would exclude them from any credits, yielding a negative or ―no credit‖ outcome for performing 

a plant improvement. (2)

Response: The EPA published its final rule for the ―Implementation of the New Source Review 

(NSR) Program for Particulate Matter Less Than 2.5 Micrometers (PM2.5)‖ at 73 FR 28321 (May 

16, 2008). In its discussion of the final action, the EPA stated that NOx is presumed to be a 

significant contributor to ambient PM2.5 concentrations in all PSD and nonattainment NSR areas. 

However, a State or the EPA may rebut this presumption for a specific area if the State 

demonstrates to the Administrator‘s satisfaction or the EPA demonstrates that NOx emissions in 

that area are not a significant contributor to that area‘s ambient PM2.5 concentrations. If a State 

or the EPA makes such a demonstration, NOx would not be considered a PM2.5 precursor under 

the NSR program in that area. If a State or the EPA does not make such a demonstration, NOx 

must be regulated as a precursor for PM2.5 under the PSD, nonattainment NSR, and minor source 

programs. See 73 FR 28321 at p. 28328. Approximately 162,256 tons of NOx emissions were 

reported to the Department in 2009. Therefore, the Department did not conduct an analysis to 

demonstrate that NOx emissions in this Commonwealth are not a significant contributor to 

ambient PM2.5 concentrations.

The permissible interpollutant offset trades established in the EPA‘s final rule published at 73 FR 

28321 were the following: 1) reductions in direct PM2.5 emissions to offset emission increases of 
NSR PM2.5 Comment Response Document EQB 5-18-2011

15 of 28

regulated PM2.5 precursors; 2) emission reductions of one regulated PM2.5 precursor to offset 

emission increases of another regulated PM2.5 precursor; and 3) reductions in regulated PM2.5 

precursor emissions to offset increases of direct PM2.5 emissions. To facilitate these trading 

provisions, the EPA established acceptable trading ratios for PM2.5 and its precursors. The Board 

specified the EPA-established trading ratios for PM2.5 and PM2.5 precursors in the proposed 

rulemaking for nonattainment NSR PM2.5 emissions in § 127.210(a).

On July 15, 2008, however, the Natural Resources Defense Council and the Sierra Club 

petitioned the EPA to reconsider and administratively stay specific parts of to the final rule titled, 

 ̳ ̳Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 

2.5 Micrometers (PM2.5),‘‘ published on May 16, 2008. The Petition objected to four parts of the 

final rule, including allowing states to use EPA-recommended PM2.5 precursor trading ratios to 

offset PM2.5 emissions increases in PM2.5 nonattainment areas. On January 16, 2009, the EPA 

denied the July 2008 petition. On February 10, 2009, the same petitioners submitted a second 

reconsideration request for the same four issues and another request for administrative stay. 

They also requested reconsideration of the January 16, 2009, denial letter. The EPA granted the 

February 10, 2009, petition for reconsideration in order to allow for public comment on each of 

the four issues raised, including allowing states to use EPA-recommended PM2.5 precursor 

trading ratios to offset PM2.5 emissions increases in PM2.5 nonattainment areas. The EPA agreed 

to reconsider the trading ratios and granted the reconsideration of this policy on the grounds that 

the agency failed to propose for public comment the EPA-recommended offset ratios contained 

in the preamble to the final rule published at 73 FR 28321. Therefore, the existing ―preferred‖ 

precursor offset ratios will no longer be considered presumptively approvable. That is, any 

precursor offset ratio submitted as part of the NSR SIP for a PM2.5 nonattainment area must be 

accompanied by a technical demonstration showing the suitability of the ratio for that particular 

nonattainment area. 

As a result of the EPA‘s reconsideration, the Board developed language for the final-form 

rulemaking that mirrors the EPA‘s intent. This language removes interpollutant trading for 

PM2.5 and PM2.5 precursors in the final-form rulemaking and amends § 127.210 to provide that 

the Department may, based on a technical assessment, establish interpollutant trading ratios for 

offsetting PM2.5 emissions or PM2.5 precursor emissions in a specific nonattainment area or 

geographic area in this Commonwealth. The interpollutant trading ratios shall be subject to 

public review and comment for at least 30 days prior to submission to the EPA for approval as a 

SIP revision. Section 127.210 of the final-form rulemaking is further amended to provide that if 

the EPA promulgates PM2.5 interpollutant trading ratios in 40 CFR Part 51, the ratios shall be 

adopted and incorporated in the final-form regulation by reference.

§ 127.210. Offset ratios.

***

 (b) In complying with the emissions offset requirements of this subchapter, 

the [emissions] EMISSION offsets obtained shall be of the same NSR regulated 

pollutant unless interpollutant offsetting is authorized for a particular pollutant 

[as specified in subsection (a). The offset requirements for PM2.5 emissions or 

emissions of a PM2.5 precursor may be satisfied by offsetting PM2.5 emissions 
NSR PM2.5 Comment Response Document EQB 5-18-2011

16 of 28

or emissions of the PM2.5 precursors SO2 or NOx] IN ACCORDANCE WITH 

SUBSECTION (c).

 (c) THE DEPARTMENT MAY, BASED ON A TECHNICAL ASSESSMENT, 

ESTABLISH INTERPOLLUTANT TRADING RATIOS FOR OFFSETTING 

PM2.5 EMISSIONS OR PM2.5 PRECURSOR EMISSIONS IN A SPECIFIC 

NONATTAINMENT AREA OR GEOGRAPHIC AREA IN THIS 

COMMONWEALTH. THE INTERPOLLUTANT TRADING RATIOS 

SHALL BE SUBJECT TO PUBLIC REVIEW AND COMMENT FOR AT 

LEAST 30 DAYS PRIOR TO SUBMISSION TO THE EPA FOR APPROVAL 

AS A SIP REVISION.

 (d) IF THE EPA PROMULGATES PM2.5 INTERPOLLUTANT TRADING 

RATIOS IN 40 CFR PART 51, THE RATIOS SHALL BE ADOPTED AND 

INCORPORATED HEREIN BY REFERENCE. 

The Board did not propose to amend the existing requirements at § 127.207(1) (relating to 

creditable emissions decrease or ERC generation and creation), which allow for the generation of 

ERCs if the emissions reductions are not necessary to meet an allowance-based program such as 

CAIR. 

10. Comment: A commentator requested that the Department‘s definition of the term

―regulated NSR pollutant‖ under § 121.1 be consistent and verbatim with the EPA‘s definition of 

the term found at 40 CFR 52.21(b)(50), which is incorporated by reference under Subchapter D, 

except where denoted by strikeout for deletions or shading for proposed text, as follows:

40 CFR 52.21(b)(50) Regulated NSR pollutant, for purposes of this section 25 Pa. Code Chapter 

127, means the following:

(i) Any pollutant for which a national ambient air quality standard has been promulgated and any 

pollutant identified under this paragraph (b)(50)(i) as a constituent or precursor for such 

pollutant. Precursors identified by the Administrator of the EPA for purposes of NSR are the 

following:

(a) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment, 

nonattainment and unclassifiable areas.

(b) Sulfur dioxide is a precursor to PM2.5 in all attainment, nonattainment and unclassifiable 

areas.

(c) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment, nonattainment and 

unclassifiable areas, unless the State demonstrates to the Administrator‘s satisfaction or EPA 

demonstrates that emissions of nitrogen oxides from sources in a specific area are not a 

significant contributor to that area‘s ambient PM2.5 concentrations.

(d) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment, 

nonattainment or unclassifiable area, unless the State demonstrates to the EPA Administrator‘s 

satisfaction or EPA demonstrates that emissions of volatile organic compounds from sources in a 

specific area are a significant contributor to that area‘s ambient PM2.5 concentrations.

***

(vi) Particulate matter (PM) emissions, PM2.5 emissions and PM10 emissions shall include 

gaseous emissions from a source or activity which condense to form particulate matter at
NSR PM2.5 Comment Response Document EQB 5-18-2011

17 of 28

ambient temperatures. On or after January 1, 2011 (or any earlier date established in the 

upcoming rulemaking codifying test methods), such condensable particulate matter shall be 

accounted for in applicability determinations and in establishing emissions limitations for PM, 

PM2.5 and PM10 in PSD or nonattainment NSR permits. Compliance with emissions limitations 

for PM, PM2.5 and PM10 issued prior to this date shall not be based on condensable particular

matter unless required by the terms and conditions of the permit or the applicable

implementation plan. Applicability determinations made prior to this date without accounting for 

condensable particular matter shall not be considered in violation of this section unless the 

applicable implementation plan required condensable particular matter to be included.

(4)

Response: The EPA‘s definition of the term ―regulated NSR pollutant‖ found at 40 CFR 

52.21(b)(50) applies to PSD requirements for attainment and unclassifiable areas, not to 

nonattainment NSR, and is adopted by reference under Subchapter D to support the 

Department‘s PSD program. The definition of the term ―regulated NSR pollutant‖ specified in 

§ 121.1 supports existing requirements in Subchapter E for nonattainment NSR and is consistent 

with the EPA‘s definition of the term ―regulated NSR pollutant‖ found at 40 CFR 

51.165(a)(1)(xxxvii) for nonattainment NSR programs. The Board‘s proposed amendments to 

this definition added requirements for SO2 and NOx, which are PM2.5 precursors for 

nonattainment NSR, in accordance with the EPA‘s final rule for the ―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). 

11. Comment: The IRRC indicated that the proposed revisions to the definition for the term 

―regulated NSR pollutant‖ are similar to language in the Federal regulations at 40 CFR 

§ 51.165(a)(xxxvii), except that § 51.165(a)(xxxvii)(C)(3) indicates that a state may make a

demonstration to the EPA that NOx emissions from sources in a specific area are not a 

significant contributor to that area's ambient PM2.5 concentrations. The IRRC commented 

further that the information in the Preamble to the proposed rulemaking and the accompanying 

materials did not provide information on whether the Department has identified areas where 

NOx emissions are not a significant contributor to PM2.5 concentrations. The IRRC requested 

that this information be provided with the final-form rulemaking. (8)

Response: The Board agrees. To this end, the final-form regulation definition of the term 

―regulated NSR pollutant‖ has been amended as follows: ―Nitrogen oxides are presumed to be 

precursors to PM2.5 in PM2.5 nonattainment areas unless the Department demonstrates to the 

satisfaction of the Administrator of the EPA or the Administrator of the EPA determines that 

NOx emissions from a source in a specific area are not a significant contributor to that area‘s 

ambient PM2.5 concentrations.‖ The Department has not done a study to identify areas where 

NOx emissions are not a significant contributor to PM2.5 concentrations. 

12. Comment: A commentator stated that the proposed NSR amendments require clarification 

with respect to the manner in which NSR will be applied to PM2.5 and its precursors. In 

particular, consistent with the Federal NSR PM2.5 Rule, the proposed NSR amendments have 

identified SO2 and NOx as precursors to PM2.5 in the revised definition of the term "regulated 

NSR pollutant." Further, the proposed NSR amendments identify significant emission rates for 

SO2 (40 TPY) and NOx (40 TPY). However, the proposed NSR amendments fail to clarify that 
NSR PM2.5 Comment Response Document EQB 5-18-2011

18 of 28

each regulated NSR pollutant, including PM2.5 and its precursors, will be evaluated separately 

with respect to major source determinations and evaluations of emission increases associated 

with modification projects. 

Given the unique considerations associated with the identification of precursors to a 

nonattainment pollutant which is itself regulated, the Board should clarify the relationship of 

major stationary source status for PM2.5 emissions and significant net emission increases for its 

precursors. In particular, the Board should clarify that NSR will be applied on a pollutantspecific basis. For example, a source that qualifies as a major stationary source of a specific 

pollutant (for example, PM2.5) triggers NSR applicability only if the source undertakes a 

modification that results in a significant net emission increase of the same pollutant (that is, 

PM2.5). By contrast, a facility that qualifies as a major stationary source of PM2.5 emissions, but 

not a major stationary source of SO2 or NOx, would not trigger NSR applicability for SO2 or 

NOx due to a projected emission increase of those pollutants exceeding their significance 

thresholds. (3)

Response: The Board‘s definitions of the terms ―major facility‖ and ―net emissions increase‖ 

specified in § 121.1 are similar to the EPA‘s definition of the term ―major stationary source‖

found at 40 CFR § 51.165(a)(1)(iv)(A). During the implementation of the NSR PM2.5

provisions, the Department will follow the EPA‘s policies and interpretations provided for 

nonattainment NSR for regulating emissions of PM2.5 and its precursors SO2 and NOx. The 

EPA‘s rules require that when a facility qualifies as a major stationary source for PM2.5 in a 

nonattainment area for PM2.5, the facility triggers NSR applicability for PM2.5 and also for its 

precursors SO2 and NOx. For more information, please see the EPA‘s discussion of PM2.5 

precursors at 73 FR 28326-28334 (May 16, 2008). 

13. Comment: A commentator stated that the definition of the term ―maximum allowable 

emissions‖ should be verbatim with the definition of the term ―allowable emissions‖ found at 40

CFR 52.21(b)(16), regarding prevention of significant deterioration of air quality. (4)

Response: The Board proposed deletion of the term ―maximum allowable emissions‖ and its 

definition at 40 Pa.B. 703, as denoted by bolded brackets in the published notice, since the term 

is no longer used to support existing requirements and this term is not used in the Federal NSR 

regulations under 40 CFR 51.165. The ―maximum allowable emissions‖ definition is omitted 

from the final-form regulation. The existing definition of the term ―allowable emissions‖

specified in § 121.1 is consistent with the Federal definitions for the term ―allowable emissions‖ 

found under 40 CFR 51.165, regarding permit requirements. 

The definition of the term ―allowable emissions‖ combines the definition of the term ―allowable 

emissions‖ found at 40 CFR 51.165(a)(xi) and the definition of the term ―allowable emissions‖ 

used for a plantwide applicability limit found at 40 CFR 51.165(f)(2)(ii). The definition of the 

term ―allowable emissions‖ found at 40 CFR 51.165(a)(xi) is virtually identical to the definition 

of the term ―allowable emissions‖ found at 40 CFR 52.21(b)(16).
NSR PM2.5 Comment Response Document EQB 5-18-2011

19 of 28

Aggregation of De Minimis Emission Increases

14. Comment: Several commentators stipulated that the aggregation of de minimis emission 

increases is inappropriate for PM2.5, indicating that the proposed revisions would make de

minimis emissions of PM2.5 subject to the 10-year aggregation provisions of § 127.203a (relating 

to applicability determination) and potentially to the provisions in § 127.203 (relating to facilities 

subject to special permit requirements). Some commentators also stated that the Board has not 

demonstrated that aggregation of de minimis emission increases is necessary to achieve and 

maintain the NAAQS for PM2.5. The de minimis aggregation is particularly problematic for 

PM2.5 sources for several reasons relating specifically to the low significance threshold for PM2.5, 

including the following:

The requirement of de minimis aggregation and a 10-year contemporaneous period are 

likely to result in NSR applicability for projects which may be minor in nature. This 

would severely hinder implementing even many small projects.

The inclusion of fugitive emissions in calculating net emission increases of PM2.5 over 

the 10-year contemporaneous period will result in higher calculations of PM2.5 emissions 

than otherwise intended under the Federal NSR PM2.5 Rule.

PM2.5 ERCs are extremely scarce and extremely expensive. The logistical and financial 

burden of securing these credits will weigh heavily on sources of PM2.5 emissions. 

There is no equivalent Federal requirement for Pennsylvania to include aggregation of de 

minimis PM2.5 emission increases in the proposed PM2.5 nonattainment rules, making the 

Pennsylvania rule unnecessarily more stringent than the Federal rule. Pennsylvania's 

APCA prohibits adoption of measures more stringent than those required under the 

federal Clean Air Act to achieve ambient air quality standards unless, among other 

things, the Board determines those measures to be reasonably necessary in order to 

achieve or maintain such standards. 

The de minimis offset requirement will cause economic and operational harm to business

as PM2.5 offsets are not available and the offset ratios for precursor pollutants are very 

high. Precursor offsets may not be available if they are required to be generated in the 

same air basin. Costs to obtain offsets will be exorbitant if they are available. 

There are serious concerns about the competitive impact on Pennsylvania's business and 

industry of the regulatory provisions that could require the offsetting of de minimis 

emission increases of PM2.5, particularly given the limited impact such offsetting would 

have on ambient air quality. 

The de minimis aggregation concept was originally introduced to the Pennsylvania NSR 

provisions as a means of addressing increases of VOC and NOx in ozone nonattainment 

areas. While these provisions may have had their foundation in section 182 of the CAA, 

42 U.S.C.A. § 7511a, neither the CAA provisions nor the Federal NSR PM2.5 Rulemaking 

intended application of these provisions to PM2.5.
NSR PM2.5 Comment Response Document EQB 5-18-2011

20 of 28

Accounting for all PM2.5 emission increases over a 10-year period is especially difficult 

given the lack of both emission factors and a final EPA test method. 

The regulation should conform to Federal NSR requirements for PM2.5 and not require the 

aggregation of de minimis emission increases for minor increases in PM2.5 emissions.

(1, 3, 5, 6, 7, 8)

Response: In light of the concerns raised and the limited availability of PM2.5 ERCs for 

emission offsets for new or modified major source projects, the final-form regulation does not 

require the aggregation of de minimis emissions for PM2.5 and PM2.5 precursors. Section 

127.203a(a)(2) (relating to applicability determination) of the final-form regulation specifically 

excludes PM2.5 and PM2.5 precursors, as follows:

―As part of the plan approval application for a proposed de minimis emission 

increase, the owner or operator of the facility shall use subparagraphs (i) and (ii) to 

calculate the net emissions increase FOR A REGULATED NSR POLLUTANT 

EXCEPT PM2.5 AND PM2.5 PRECURSORS. For a proposed de minimis 

increase in which the net emissions increase calculated using subparagraphs (i) and 

(ii) meets or exceeds the emissions rate that is significant, only the emissions offset 

requirements [in § 127.205(3) (relating to special permit requirements)] of this 

subchapter apply to the net emissions increase.‖

Offset Ratios

15. Comment: The rule should clearly indicate that offsets shall be provided only once for a 

particular pollutant. For example, a facility located in the Ozone Transport Region that triggers 

NSR for NOx and PM2.5 should only provide offsets for either NOx or NOx as a precursor for 

PM2.5, but not for both. (1)

Response: The Board agrees with the commentator. Emissions only need to be offset once. 

Therefore, if NOx emissions offsets are provided as an ozone precursor, these offsets can also 

serve as PM2.5 precursor offsets. The EPA provided similar guidance as a response to two 

commentators in its preamble for the NSR PM2.5 final implementation rule published at 73 FR 

28321 at p. 28338 (May 16, 2010):

―Two commenters requested that we make clear in the final rule that an increase in 

precursor emissions need only be offset once, even if the increase triggers 

nonattainment NSR under, for example, both the ozone and PM2.5 programs. We 

agree with these commenters and are clarifying that a precursor emissions increase 

only needs to be offset once. A permit applicant will not, for example, need to 

obtain two sets of offsets for NOx emissions if NOx is regulated as a precursor both 

for ozone and PM2.5 in the area. The NOx precursor emissions need only be offset

once in accordance with the applicable ratio. To the extent a higher ratio applies for 

ozone under subpart 2, the applicant would have to obtain offsets at the higher ratio. 

However, when the offset ratios are the same, both requirements can be met with a 

single set of NOx offsets.‖ 
NSR PM2.5 Comment Response Document EQB 5-18-2011

21 of 28

16. Comment: With respect to § 127.210, relating to offset ratios:

(a) The [emission] emissions offset ratios for NSR purposes and ERC transactions subject 

to the requirements of this subchapter [shall] must be in an amount equal to or greater than the 

ratios specified in the following table:

Required Emission [Reductions From] Offsets For Existing Sources, Expressed in Tons per 

Year

Pollutant/Area Flue Emissions Fugitive Emissions 

PM-10 and SOx 1.3:1 5:1 

Volatile Organic Compounds

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.3:1

1.3:1

1.3:1

1.3:1

NOx

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

Carbon Monoxide

Primary Nonattainment Areas 1.1:1 1.1:1 

Lead 1.1:1 1.1:1 

PM2.5

PM2.5 Nonattainment Area

 PM2.5 1:1 1:1

 PM2.5 Precursors

SO2 1:1 1:1

NOx 1:1 1:1

 PM2.5 Interpollutant Trading

 Ratios

 SO2 40:1 40:1

NOx 200:1 200:1

A commentator questions the testing procedures and listed relationships and wonder how it was 

calculated, and where the ratios came from, and exact dates for early ERC credit calculations.

Some of the commentator‘s facilities may have upgraded/improved bughouse's to reduce PM2.5

and PM10 emissions during a time period when CAIR and CAMR (air-mercury) regulations 
NSR PM2.5 Comment Response Document EQB 5-18-2011

22 of 28

were being proposed and debated. The current dates listed would exclude them from any credits, 

yielding a negative or "no credit" outcome for performing a plant improvement. (2)

Response: Please see the response to comment 9.

The Department has revised § 127.210 as follows:

(a) The [emission] emissions offset ratios for NSR purposes and ERC transactions subject 

to the requirements of this subchapter [shall] must be in an amount equal to or greater than the 

ratios specified in the following table:

Required Emission [Reductions From] Offsets For Existing Sources, Expressed in Tons per 

Year

Pollutant/Area Flue Emissions Fugitive Emissions 

PM-10 and SOx 1.3:1 5:1 

Volatile Organic Compounds

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.3:1

1.3:1

1.3:1

1.3:1

NOx

Ozone Classification Areas

Severe Areas

Serious Areas

Moderate Areas

Marginal/Incomplete Data Areas

Transport Region

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

1.3:1

1.2:1

1.15:1

1.15:1

1.15:1

Carbon Monoxide

Primary Nonattainment Areas 1.1:1 1.1:1 

Lead 1.1:1 1.1:1 

PM2.5

PM2.5 Nonattainment Area

PM2.5 1:1 1:1

PM2.5 Precursors

SO2 1:1 1:1

NOx 1:1 1:1

 [PM2.5 Interpollutant Trading Ratios]

 [SO2 40:1 40:1]
NSR PM2.5 Comment Response Document EQB 5-18-2011

23 of 28

[NOx 200:1 200:1]

 (b) In complying with the emissions offset requirements of this subchapter, the 

[emissions] EMISSION offsets obtained shall be of the same NSR regulated pollutant 

unless interpollutant offsetting is authorized for a particular pollutant [as specified in 

subsection (a). The offset requirements for PM2.5 emissions or emissions of a PM2.5 

precursor may be satisfied by offsetting PM2.5 emissions or emissions of the PM2.5 

precursors SO2 or NOx] IN ACCORDANCE WITH SUBSECTION (c).

 (c) THE DEPARTMENT MAY, BASED ON A TECHNICAL ASSESSMENT, 

ESTABLISH INTERPOLLUTANT TRADING RATIOS FOR OFFSETTING PM2.5 

EMISSIONS OR PM2.5 PRECURSOR EMISSIONS IN A SPECIFIC 

NONATTAINMENT AREA OR GEOGRAPHIC AREA IN THIS COMMONWEALTH. 

THE INTERPOLLUTANT TRADING RATIOS SHALL BE SUBJECT TO PUBLIC 

REVIEW AND COMMENT FOR AT LEAST 30 DAYS PRIOR TO SUBMISSION TO 

THE EPA FOR APPROVAL AS A SIP REVISION.

 (d) IF THE EPA PROMULGATES PM2.5 INTERPOLLUTANT TRADING RATIOS 

IN 40 CFR PART 51, THE RATIOS SHALL BE ADOPTED AND INCORPORATED 

HEREIN BY REFERENCE. 

Further, it should also be noted that the Board did not propose to amend the existing 

requirements at § 127.207(1) (relating to creditable emissions decrease or ERC generation and 

creation), which allow for the generation of ERCs if the emissions reductions are not necessary 

to meet an allowance-based program such as CAIR. 

Interpollutant Trading in Five-county Philadelphia Area

17. Comment: A commentator expressed concern that the provision at § 127.210 does not 

recognize the interpollutant trading that has already been approved by the EPA for NOx and 

VOC ERCs in the five-county Philadelphia area. These NSR regulations should be amended to 

either include this interpollutant trading, or so as to not exclude this approved ERC trading 

mechanism. (7)

Response: The final-form regulation does not change the EPA‘s previously approved 

interpollutant trading of VOC ERCs for NOx ERCs using a substitution ratio in the Philadelphia 

ozone nonattainment area. However, due to concerns raised by the commentators, the Board is 

clarifying the language in § 127.206(o) (relating to ERC general requirements) of the final-form 

regulation as follows:

―[An] EXCEPT AS PROVIDED UNDER § 127.210 (RELATING TO OFFSET 

RATIOS), AN ERC created for a regulated criteria pollutant shall only be used for 

offsetting or netting an emissions increase involving the same criteria pollutant [except 

interpollutant offsetting authorized under this subchapter] UNLESS APPROVED 

IN WRITING BY THE DEPARTMENT AND THE EPA.”

18. Comment: The IRRC stated that commentators expressed concerns with the basis or 

rationale for the amendments in § 127.210 (relating to offset ratios). One area that is unclear is 
NSR PM2.5 Comment Response Document EQB 5-18-2011

24 of 28

the phrase "unless interpollutant offsetting is authorized for a particular pollutant as specified in 

subsection (a).‖ One commentator refers to approval by the EPA of interpollutant trading in the 

five-county southeastern region of the state. Are there other situations where interpollutant 

offsetting might be authorized? If so, what impact will this section have on those approved 

interpollutant offsets or trades? (8)

Response: The final rulemaking does not modify the provision which allows the EPA‘s 

previously approved interpollutant trading of VOC ERCs for NOx ERCs using a substitution 

ratio in the Philadelphia ozone nonattainment area. However, due to concerns raised by the 

commentators, the Board is clarifying the language in § 127.206(o) in the final-form regulation 

as indicated in the response to comment 17.

Fugitive Emissions

19. Comment: Three commentators suggested that the proposed NSR amendments should be 

revised to exclude fugitive emissions in the context of major source determinations for PM2.5, 

except for source categories specifically listed in the federal regulations. Further, the 

Department should follow the federal rule (as it continues to be developed) with respect to the 

consideration of fugitive emissions in the evaluation of emission increases caused by 

modification projects. In prior applications of the NSR rules, the Department has made the 

determination that fugitive emissions should be considered in determining the potential to emit, 

actual emissions and actual emission increases associated with a new or modified facility. In this 

context, the Department has relied on the language of 25 Pa. Code § 127.204, which notes that 

such determinations must include ―flue emissions, stack and additional fugitive emissions, 

material transfer, use of parking lots and paved and unpaved roads on the facility property, 

storage piles.....‖ In this respect, the Department‘s application of the Pennsylvania rule is more 

stringent than its federal counterpart, which provides that fugitive emissions shall not be included 

in determining whether a source is a major stationary source unless the source belongs to a 

category of sources specifically listed in the federal regulations, as derived pursuant to section 

302(j) of the Clean Air Act, 42 U.S.C.A. § 7602(j) (―CAA‖). 

One commentator further specified this aspect of Pennsylvania‘s NSR program could affect 

many more sources than intended under the federal program, and would have an even more 

extreme effect than the consideration of fugitive emissions of volatile organic compounds 

(―VOC‖) and nitrogen oxides (―NOx‖) in the context of ozone nonattainment. In addition, 

because calculation methods for such sources may be imprecise, emissions of fugitive PM2.5 may 

be overestimated. 

The commentators stated that the fugitive emission sources have not been previously accounted 

for in any PM2.5 attainment plan for Pennsylvania. The Department should not rely on the 

inclusion of fugitive emissions of criteria air pollutants in that context to demonstrate attainment 

and maintenance of federally mandated National Ambient Air Quality Standards (―NAAQS‖). 

For attainment planning purposes, the Department should ensure the imposition and enforcement 

of existing Chapter 123 fugitive dust requirements or otherwise impose best management plans 

for control of fugitive PM2.5 emissions in order to control such emissions. From a regulatory 

standpoint, existing provisions governing the consideration of fugitive emissions in NSR 

applicability determinations have not been extended to PM2.5, and the Board should not seek to 
NSR PM2.5 Comment Response Document EQB 5-18-2011

25 of 28

do so in the context of this rulemaking. Proper handling of this issue at the outset will avoid a 

future contention that the requirement cannot be changed due to the anti-backsliding provisions 

of section 172(e) of the CAA, 42 U.S.C.A. 172(e). [sic]

One the commentators specified that § 127.204(a) includes "use of parking lots and paved and 

unpaved roads on the facility property." Similar words do not appear in the description of 

"fugitive emissions" in the federal rules. This commentator expressed concern that the proposed 

regulation would impose a regulatory framework that is well beyond the intent of federal rules

and standards, and would create unnecessary costs and restrict competition and economic 

growth. (3, 7, 8)

Response: The Board did not propose amendments to § 127.203(b)(1) at 40 Pa.B. 703 

(February 6, 2010). In January 1994, the Board adopted a major facility provision for new 

source review purposes that includes fugitive emissions when determining NSR applicability (24 

Pa.B. 443, January 15, 1994). The more stringent than provisions were determined by the Board 

to be reasonably necessary to attain and maintain the NAAQS. The 1994 major facility 

provision, which was approved by the EPA at 62 FR 64722 (December 9, 1997), as a revision to 

the SIP and codified in 40 CFR 52.2020, includes fugitive emissions from all sources when 

determining the status of a major facility, rather than considering fugitives for just the 28 source 

categories listed in the Federal definition of the term ―major stationary source‖ found at 40 CFR 

51.165(a)(1)(iv)(A). 

In order to attain and maintain the NAAQS, the Department has implemented and enforced the 

prohibition against fugitive emissions in the outdoor atmosphere from air contamination sources 

since 1971 in accordance with 25 Pa. Code § 123.1 (relating to prohibition of certain fugitive 

emissions). Since the nonattainment NSR program, codified in 25 Pa. Code Chapter 127, 

Subchapter E (relating to new source review), was amended on January 15, 1994, the 

Department has relied on the inclusion of fugitive emissions of all criteria pollutants, including

particulate matter, CO and ozone and its precursors, VOC and NOx, from all sources for major 

facility determinations. These provisions, which are approved elements of the Commonwealth‘s 

State Implementation Plan, must be maintained to satisfy the anti-backsliding provisions of 

sections 110 and 193 of the CAA (42 U.S.C.A. §§ 7410 and 7515). 

20. Comment: Two commentators indicated that the proposed language at §§ 127.203(b)(2) 

and (3) would add ambiguous language that could render these provisions more stringent than 

the present requirements. First, §§ 127.203(b)(2) and (3) would be amended to clarify that 

―emissions from the proposed project‖ would be included in determining whether the facility 

potential to emit is greater than 100 tons or less than 100 tons for these purposes. Since there is a 

benefit under paragraph (b)(2) for sources with a potential to emit less than 100 tons per year 

(the substitution of BACT for LAER), this ―clarification‖ would render that benefit unavailable 

to certain facilities for which potential to emit would increase above 100 tons per year only after 

a proposed project is operational. The commentators suggested keeping the existing regulatory

language unchanged. (3, 7)

Response: The provisions under § 127.203(b) apply to the owners and operators of facilities 

located in Bucks, Chester, Delaware, Montgomery and Philadelphia counties that emit or have 

the potential to emit at least 25 TPY of VOCs or NOx. The requirements at § 127.203 were 
NSR PM2.5 Comment Response Document EQB 5-18-2011

26 of 28

amended at 37 Pa.B. 2385 (May 19, 2007). These amendments were submitted to the EPA on 

August 9, 2007, as an equivalency demonstration and revision to the SIP. These provisions are 

based on sections 182(c)(7) and (8) of the CAA (42 U.S.C.A. §§ 7511a(c)(7) and (8)), which 

establish special rules for modifications of sources in serious or severe ozone nonattainment 

areas. The ―emissions from the proposed project‖ language provided in §§ 127.203(b)(2) and (3) 

is deleted from the final-form regulation. However, the emissions from the proposed project 

must be included with the existing facility potential to emit (PTE) to determine whether the 

facility emissions are more than 100 TPY for consideration of the applicability of control 

technology requirements such as best available control technology (BACT) or LAER under 

§§ 127.203(b)(2) and (3).

21. Comment: Two commentators stated that the proposed NSR amendments would add a 

sentence to § 127.203(b)(1)(i), stating that ―the aggregated VOC or NOx emissions must meet 

the applicability requirements of paragraph (2) or (3).‖ The commentators indicated that when 

evaluated in the context of subparagraphs (2) and (3), use of the phrase ―aggregated emissions‖ 

is ambiguous, especially in light of the language discussed above related to inclusion of the 

―emissions of the proposed project‖ in the source‘s potential to emit. For example, if the 

―aggregated emissions‖ are intended to be equivalent to the ―emissions of the proposed project‖ 

that would be included in the source‘s potential to emit for these purposes, there may be some 

double-counting of emissions toward the source‘s potential to emit (i.e. some portion of the 

aggregated emissions would already be accounted for in the source‘s potential to emit). This 

language should be clarified, and should not require emissions associated with a proposed project 

(aggregated or otherwise) to be included within the determination of potential to emit for 

application of §§ 127.203(b)(2) and (3). (3, 7)

Response: The Board proposed clarifying language in the proposed rulemaking published at 40 

Pa.B. 703 that the aggregated VOC or NOx emissions must meet the applicability requirements 

of §§ 127.203(b)(2) or (3). This language clarifies that the applicant needs to use the provisions

in §§ 127.203(b)(2) or (3) for a determination of control technology requirements when the net 

emissions increase is equal to or exceeds the applicable emissions rate that is significant (25 TPY

of NOx or VOCs). Subsections 127.203(b)(2) and (3) do not require aggregation of emissions,

therefore there is no double-counting of emissions toward the source‘s potential to emit as 

indicated in the comments. The Board intends to retain the proposed language in the final-form 

regulation. 

Contemporaneous Period

22. Comment: With respect to § 127.203a, a commentator stated that in order to determine if a 

project will result in a net significant increase, it is required to add increases and decreases in 

actual emissions of a regulated pollutant that occurred at the facility during the contemporaneous 

period. The contemporaneous period is defined as the date between 5 years before construction

on the project commences and the date that construction is completed. Under the so-called 

"PM10 Surrogate Policy," the EPA allows the use of PM10 emissions as a surrogate for PM2.5 in

NSR applicability determinations. Therefore, many facilities that used the Surrogate Policy in 

permit applications do not have actual PM2.5 contemporaneous emissions. In order to avoid 

overestimating PM2.5 actual contemporaneous emissions, we recommend that the 5- and 10-year 

aggregation periods described in this section be started prospectively after the effective date of 
NSR PM2.5 Comment Response Document EQB 5-18-2011

27 of 28

the rule. The commentator states further, however, that this is a long shot and may be in conflict 

with the proposed change to allow generating ERCs for reductions accruing after 04/5/2005. (1)

Response: In light of the concerns raised and the unavailability of emission offsets for PM2.5

nonattainment areas, the final-form rulemaking will not require the aggregation of de minimis 

emissions for PM2.5 and PM2.5 precursors. Section 127.203a(a)(2) in the final-form regulation 

has been revised to specifically exclude PM2.5 and PM2.5 precursors, as follows:

―As part of the plan approval application for a proposed de minimis emission 

increase, the owner or operator of the facility shall use subparagraphs (i) and (ii) 

to calculate the net emissions increase FOR A REGULATED NSR 

POLLUTANT EXCEPT PM2.5 AND PM2.5 PRECURSORS. For a proposed 

de minimis increase in which the net emissions increase calculated using 

subparagraphs (i) and (ii) meets or exceeds the emissions rate that is significant, 

only the emissions offset requirements [in § 127.205(3) (relating to special 

permit requirements)] of this subchapter apply to the net emissions increase.‖

23. Comment: The Board should clarify the provisions of § 127.203(b)(1) that 5-year 

contemporaneous aggregation is required only for proposed emission increases that exceed the 

significant emission rate for a pollutant, and that 10-year contemporaneous aggregation is 

required only for proposed emission increases that are de minimis. (3)

Response: The Board did not propose amendments to § 127.203(b)(1) at 40 Pa.B. 703. The

current requirements in § 127.203 were published at 37 Pa.B. 2385 (May 19, 2007). These 2007 

amendments were submitted to the EPA on August 9, 2007, as an equivalency demonstration and 

revision to the SIP. The requirements at §§ 127.203(b)(1)(i) and (ii) specify that the net 

emissions increase be calculated using 5-year and 10-year contemporaneous aggregation 

provisions. First, the owner or operator needs to calculate the net emissions increase using 5-

year contemporaneous aggregation provisions at § 127.203(b)(1)(i). If the net emissions increase

is equal to or exceeds the applicable emissions rate that is significant (25 TPY of NOx or VOCs), 

the owner or operator needs to use the provisions in subsections 127.203(b)(2) or (3) for the 

applicability of control technology requirements. If the emissions increase due to the project 

does not exceed the listed applicable rate, then the owner or operator needs to use the de minimis 

emissions increase calculation for the 10-year period aggregation of § 127.203(b)(1)(ii) to 

calculate the net emissions increase. 

24. Comment: The commentator requested that the Department issue guidance or amend the

language at § 127.203a(a)(5)(iii) that if the projected actual emissions for a regulated NSR 

pollutant are in excess of the baseline actual emissions and the project results in a net emissions 

increase which equals or exceeds the applicable significant emissions rate, then the projected 

actual emissions for the regulated NSR pollutant must be incorporated into the required plan 

approval or the operating permit as an emission limit. (3)

Response: The final rulemaking clarifies that the projected actual emissions are incorporated as 

a permit limit when the projected actual emissions minus the excludable emissions (emissions 

following completion of the project that the existing unit could have accounted for prior to the 

change and that are also unrelated to the change) exceed the baseline actual emissions. 
NSR PM2.5 Comment Response Document EQB 5-18-2011

28 of 28

25. Comment: The commentator requested that § 127.201(g) be deleted or suggested that the 

requirements be modified for consistency with the Federal regulation. (4)

Response: The Board will amend § 127.201(g) (relating to general requirements) to include 

condensable emissions in determining whether a source is subject to the major source NSR 

program beginning January 1, 2011, or earlier date established by the EPA. After January 1, 

2011, all sources need to include PM2.5 condensable emissions in applicability determinations. 

Appendix A

Copies of two 1-page summaries submitted for this rulemaking are attached.

1. RRI Energy, Inc.

121 Champion Way, Suite 200

Canonsburg, PA 15317

2. Manko, Gold, Katcher & Fox, LLP

401 City Avenue, Suite 500

Bala Cynwyd, PA 19004
ENVIRONMENTAL QUALITY BOARD NOTICE OP PUBLIC HEARINGS . 

Qum:I~===IdAw-.tI:f:' ,. MtbPIIII 

(25 Pa. CIidfI 121 .. 1m .... SeurCII .... I 

~(~f:&~~= Ings tor the purpose =~ convnents on the r::= rulePf1Wlsfonsi ~~an;r~~ and modtft'-

c:atIDn, readIvaHan n GDflI'aHQn of ~). The ClnJIIQIed ruIernIIIchJ· WUUN amend the existing nanaftaIn.. 

merit new satn:e rwIew (NSR) re- qulre."ents . In Chapter 127, SUbchapter e (relating to new 

SOLR'e revIeW), to Inc:.ar'ponde re-

=(PM25'7:~~:a~=' ) and PM2.5 ~ 011-

;:, ~ __ m.nts far 

The BIso~.be~_~ 

to ~ ~ 8PPlI1I 

StlUI'C8S and malar 

a=ar"t!J~quInt' fDnn ruIemathL will be 

to 

~ 

the u.s. Envllatlnelllll 

tor.,pnMII ill a lIa:statel~ 

~ heri1gs wtH be 101· 

mentof~~ 

MardI !L"'~~ .1_~~ - DepwtSouthwest RegIOnal ~ Water.' 

~w=a Roams A and BJ 15222 Drfye, PHtsI:u'sIh,. PA 

MIrch 1., 2111, 1 P.M. - 0ePartRIver 

~~~ Conference Room, 2 East I 

MaIn SIn!et, Nun IstoWn, PA ''''' , , March 12, 2810,.1 P.M. - Depart_ I 

I mant of ErMIOIlI'nentai ProteCtion, . Southarntral 

~ 

RegIonat OffIce, SUSA ConfenIIa RGqin, 909 

17110 AVIf1tJe, HarrIsbunJ; PA 

i 

Persons :1ng~ testlmony at a hewing are recpsted tQ' , conhId the EnWannent8I QualItY 

PA 

Board" 

1/105-8Q7, P.Q. Box (711) 

NTt, 187-4526 ~, at 

least 1 week In IIIfvn:e at the M«-

tng to reserve a time fa ."... tesnmany. Oral feshonY Is ImIfed to 10 

f1'IInUtes far each wItneSS. W1tnes$es 

In I"IKII8IdId to· stDnIt tine 'wrltten caples of their cnI testImonY to 

lie hIirhr dvrhNnGn at the hear-

~~rltedto 

tesnrnanv on their behalf := 

heat1nQ. 

tIDns 

PenQns 

as PI'OYIded 

In need 

far 

of 

In 

~ 

I1e Amer1- cans wHh Disabilities Act of 1990 

~~~.t:nt at (717) 

nla AT&T RelaY ServlC~ 654-59&t (TOO) to elsa.- hoW the 

8oan:I C3l best ec:c:a lin KMlate their 

needs.. 

WrIIIa CInwnIalI Wet __ PIf'SOI1S we invited 10 

submit c;omments, :'ICestlons or 

QuaUIy 

~g~'r~ 8oIwd, P.o. Box 

rlsbur., PA~ 17105-8417 ( mall: Rachet carson stat 8U'ldt~6th Floor, ., street, PA 171 

Comments eel bY facs 

wUl -not be accepted. Com S, 

suwes1Ians or aflIedIaIas 11"Uit. be 

received by the BOard bY APrIl 12, 2010. Interested persofIS may also .= .: ::w=. ~.,. com- · ::r ~exceed one page ~ l~c 2010. It: =..=su~~ WIll be rwcMded 10 member Of the Board In the __ PlaCket distributed prkJr to the meetlnft at whl~ the flnal reeulatton wi be 

alaiIderId. a.cInnk: c-. .•• 

Comments may be submitted 

eledronlcally ,to the Board at ' 

RegCommentsOstate.pa.us and 

the 

=tt~M':~ PI"CIPQIaI ani a reh.m name ind 

adI:fress. nut be Inc:IUdId In 8actt 

frallSliafssbL If the ... does I'd 

receIVe an acknctw=-.ement of 

.a.anJr; 0111 ••• ,11 2 wart- =-daYs; the cornmants st1DUkI be 

~-=~r:n~. The full text of the ~ will 

be ~ In the Ftr.n..IwY 6 2010 

issUe of the Pwmsvlvanla a{,lletM and will be aVailable af http:" www..paulletln.comas well as on 

the Deparlment of environmental 

Protection's websIte at h1tp:JI I 

www.deJlwe.us(Seled 

''Public Pa then "PublIc 

Partie then scroll 

down Ind seled' roposak Cur-

:==-A-:;'~~ frurn ~. o.wtmenI of 

ErMroII • .n" .... 01 

Ii w;.. "Of- a:r, ., MIrbt 

PA 1 I by ptpw~i 

~"'X::~I '~ 

t1S2- 21S 
--------........ ------------------~~== INYOICiNO, 

STD-521 REV, 12-88 

PUB:LICATIONS:'·AUTHORIZATION AND INVOICE 152223 

PUBLICATIONS AUTHORIZATION 

TO: (NAME: AND ADDRESS OF NEWSPAPER) 

Allentown Morning Call 

P.O. Box 1260 

Allentown, PA 18105 

ATTN: ., Gayle Jenkins , 

• FEPERAL.I.D. NO./SOC. =SI!!C. NO. 

: 23-0337560 FROM: (NAME AND ADDRESS OF AGENCY) • AGENCVTELEPHOHE NO, 

Shaniqua Smith :717-787-9702 

PADEP Bureau of Aii:---QiialTty···-----

400 Market Street, 12th Floor 

Harrisburg, PA 17105-8468 ,- ! 

HEREWmi IS ENCLOSED COP'" FO PUBUCATION OF ADVERTI5E;MEHT ro" p pOsALS TO 

o EMPa,.oV 0 PUACHASE 0 CONTRACT o SELL 

D If 

o Cl..A5SII"1ED If] I...EGAJ.. NOTICE 

PuaUSH APVERTISEMEHT (NO. OF TIMES) MAXIMUM NO. OF L.IND 

1 DATES OF INSERnON 

Februar 5, 2010 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order. as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in 1Ype r~ularly' used by_y'our newsQ!p-er for ~ublic (!wal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions .specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor wilt not discriminate against any emproye or other persons on account of race, color, 

sex, religious creed, ancestry. age or national origin and that the Commonweatth, upon receipt of satisfactory evidence of such 

discrimination, shalt have the righttocanceisaid contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. . 

Proof of advertising in the form of a tearsheet must be included on Parts 1,2 & 3. Return originat and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

ENVIRONMENTAL QUALITY I 4 

BOARD NOTICE OF PUBLIC 'COSiPERUNE 

HEARINGS 'to Ail Proposed Amendrneols 

Qual1ty Replallons and the State ) 

TOTAf:,.AMOUNT 

181 Ad 

(25P .. ~~_l27) , ... Cj~ ------------~~~~~~~~------------+-- New~R~ I -----------+--------~--=-----~~--

2nd Ad The EnvIronmental QualifY Board 

3rdAd 

(Board} will hold three publ£C hearIngs for the purpose of accepting ---------+---------------:----

comments on the proposed rulemaJdng to amend 25 pa:. Code Chipters 121 and 127 (relaflng to general ---- -----t-------......... ~,..__.;:--_.___= 

~i:!O~=~=~ AND TOTAL""" I ~ j(} sources). The prOPOSed rolemaking. I 

would amend 1he existing nonattainment new SOll"ce revtew (NSR) re- quirements in Chapter 121, Subchapter E (relating to new source review), to 1ncorporate re- -------------------------------1 cenHy promulgated Federal requlre- ---------------------------------

Com onwe$lt ~of Pennsylv8nia ments for fine. partlculate matter 

"'unty 

J of . • er (PM2.5) dartfV(na and amendments PM2.5 precursors. for Chap- 0Ih- .. ~ :1 ~ 

Bef re me, th subscriber, a Notary Public in :~1/~!sc;::=am~e ~ AJ\...ltp £ 

ho being duly sworn, doth depose and say that he i$* SOlW'CeS and malor modificatIOns at \ • (~~ e~ L. ('(\. \A..~ (: ~J t\1J ~ ( a maiar statlonarv sources. Thepro-J)d)~ I b "" P.-

at theaCfvtPrtiS;ment,~ -;t;iC~ea~Eii;' posed rulemaklng, If SUbseqUenttly 'egular advertising columns said newspaper attacllecl· nl adopted by the Board as a fina - I 

the editions of said newspaper. in all respects as form rulemaldng, w!11 be submlt!ed and that the Commonwealth is not charged 

erefor at a rate higher than is charged any ordinary to the u.s. Environmental protslonectlont lilar amount of matter occupying similar space Agency for approval as a revi 0 

Id set in a similar manner, in said newspaper. the state Implementation Plan. 

The hearings will be held as follows.: 

Marcia 9, 2010, 1 PoM. - Depart- ment of Environmental Protection, 

Southwest Regional Office, Water- J t; front Conference Rooms A and B, J /), 1, if /l ~~aterfront Drive, Pittsburgh, PA ~~/1j}ff)11 . lO/JiJJ UV J 

--_____ ~ ______ __:_:_:::=:_::~:_:_:_~-------------; March 10, 2010, 1 P.M. - Depart- ..--- QNA~ O~FJANT I NOTARY PUBUC ment of Environmental Protedion, i 

Southeast Regional OffIce, Delaware 

River Conference Room, 2 East 

Main Street, Norristown, PA 19401 

March 121 2010,·1 P.M. - ()epart- lis affidavit must be made by the Owner. Publisher, or the designated ment of Envirorvnental Protection, 

Southcentral Regiona~ Office, Susquehanna A Conference Roon't,"'909 Eln'lerton Avenue, Harrisburg, PA 

lnlO 
COMMONWEALTH OF PENNSYlVANIA 

STD-52'1 ASV'. 12-88 

PUBLI,CATIONS:·AUTHORIZATION AND INVOICE 152225 

PUBLICATIONS AUTHORIZATION 

TO: (NAME AND ADDRESS OF NEWSPAPER) • FEDeRAL !.D. NO.JSoc. ~l!C. NO. FROM! (NAME AND ADDRESS OF AGENCY) • AGENCVTEI.EPHONE NO. 

Erie Times News , ; 25-0839114 

Attn f Clc!'Ssi'fi'ea 'Leg£"l} De'~t ,:,- S'fiiln-tioW-:' - -'-'·--t Shaniqua N. Smitn 717-787-9702 PAD~EP \t~u~ of Ki·i:'- -qtfAl-i t-y ~ ---_. 

205 W. 12th Street 

Erie, PA 16534 

400 Marke~ Street, 12th Floor 

Harrisburg, PA 17105-8468 

HEREWITH IS ENCLOSED COpy F_~UBUCA'rION OF ADVER'IlSEMENT FOR PROPOSALS TO TYPEOFAO 

o EMP.:of" 0 PURCHASE 0 CONTRACT o SELl. o CLASSlftED [] U!GAL NOTlCE .itsPUBUSH ADVERTISEMENT (NO. OF 'riMES) MAXIMUM NO. OF LINES DATE ORDER NO. 

1 February 5, 2010 DATES OF INSERTION 

February 5, 2010 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified;' caption of two 'lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in !ype r~ularly' used by_y'our news~p-!!r for Qublic (!§gal) 

nQ.tice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contra~ ~warded tQ i.~ tt~i8~dEJr, said, vendor ~~I~~qot c;iiscrirninate ct9a4nst any ROlploye or lotl}~r. Pe~o~. on .acqou.n~ of racs. color, 

sex, religiOUS creed, ancestry, orlgm and that the C;ommonwealth, upon receipt of satiSfactOry eVidence of such 

discrimination, shall have the rig .: . uNVntONMBNTALQUALITY~AR.D • . isementundertheterms 

set forth. ................. NOTICH OF PUBUC UD ......... ~GS •• "pv_ Amcudmenb to Air 1'\...1: .~l 

Proof of advertiSing i 

by the editor or publisher) to 

(25 Pa~2 C'hR.eJulatiou and tbe State Implemclltatiop PI .. • .....,.. . aptcra 121 ud 127) , New Sowi::e Reyiew 

and two copies (signed 

The Environmental Quality Board (Board) will hoJd three b" • 911 the proposed rulemaking to amend 25 Pa Code Chapte PUI~ heanngs for ~ purpose of accepting comments C', ~~tion,~tati.on,.reactivationand~ratiOD ofs!zces and 127 (relatingtoge~provisiOlLS; aorl "'"_ .......... ",-

~tiDg IlOIWtaimnent new source review (NSR) u' . ). The proposed rulemak:ing would amend the 

. -' Cbrnmbnwi3alth to'~' 

-----'---~.:----.--~ lK!,urce review). to incorporate recently promulgarM~~~ Chapter 127. S~pter E (relating to new 

~5 ~unors. Otber clarifying amendm~ntd~ Chapter r:;U::::.!ne particulate matter (PM25) and 

".RiC proposed ~ appli ',_ p!Op(IIIed •. 

l---1--.iI--.;IIi.-+-....... ' ~nary sources. 1be ~ to COnst:t:ucti?D ~ map StatiOOIll)',.1OIIroe:s and ~jor modifications at ma' 

......" .................. iO,-+-""""""" ~be SUbJiUUed to ~.U.s.ED~~~~~or the.Boa.rd~ a finaI-formrul~ • ...,le~tation P1a:n.' D - ""[> ........ .1 ~or approval as a reYWOO to the State 

ACCOUNT 

CODe: 

~~~~l~~~;;~~n ~ beariDgSw.w~ held as foUows: ': :; ~9.20IO . , n.. ... ----.ofEn I p.m. ~....-m' , YiromneotaJ Protection 

1atAd 

2nd Ad 

'- , . Southwest Regional Offiee 

Waterfront Conference Rooms A and ~ 400 Waterfront Dri\le 

Pittsburgh. PA 15222 

Dep.atbDcat of Environmental Protection 

Soutbe.ast Regional Office 

Delaware River Conference Room 

2 East Main Sln:et . 

--------+----~ MaiclJ 12.2010 

J p.m. 

Norristown,PA 19401 

Department of EnviroflmentaJ. Protection 

SoqthcentraJ Rexional Office 

Susquehanna A Conference Room 

3rdAd ~" \ . ---~------"-----------j .. ,'. 909 EImerton Avenue 

Harrisbuq.PA 17110 ~bUc HeariIlgB. 

_.,7.._:":. -:-:-:-::--.::--:::::-,-:::::--::::: •.~-::--= ... =--.::-: •. :::-.=,.--:: .• 7···~·-~·~··-~~1'~~~i!i~~1~t:~i.t.i . ~iirnrj< ~a~;k~~l~ ~~;=~~~;'~~~'~:'~;~:<'~7-"~~71' 

to present testimon " ·r~7) 787-4:s'z6 at least 1 week·in advance of tile ",,_~ty Boatd.Pp. three· y. testimony IS limited to' 10 m.inutcs fur each witness W- - ......... ,,1,5 reserve a time . " ~tten copi~s of their oral testimony to the.hearin ~ . ~tncS8eS ~ l'eI:Juest~ to submit ______ ~ __ ~_--I *S1gD~ 011C Witness to present testimony on t&fu- .Jalfai each ~~g. Orgaruzati~ are limited to 

~s m need of accommodations as provided fd: in ~ Ameri '" .. ~eJ:loard at (717) 787-4526 or through the PcnnsylYaJrlaAT&T ~ ~ J?isabilitlCSAct of 1990 should contact 

AMOUNT 

• >. ... ~'.-",.j,.< .,,-- ~, ... 

--'--------1 ....... how Ihc D .... "'" be" ............... __ . Y ""', .. (800) 654-5984 (roD) to ~ 

==. ... il<d .. ""'ml,~..,. 001>· . r =..J:::7iW 

I.JyJY",,"I!!t"l ~~ironmcnbeUiM;Dg~~~!!~~~~3:!:~!.ac:~~~:J!~ir) E~r~ ~~~ to I -.:...;.;..-----.:-£...~--=;:...= ..... " not accepred. Col.'QJtlents suggations or obiAMi ' be .' tssublWtted by facsimile ,:-1 ---------- ~tedplnon.mayabosu~tasummary·oftbel;°nsmust Jecelvedby"theBOBf!fby·ApriI12.201O: ,Jumns of said newspaper. ~~ JD length and must l!lls(f~ received by April 12 20~~ to the DOI)I'd.)lIe s~ may not exceed one onwea Ith is not ch~rged ~~ the Board in the _gcnda pi.cket distributed Prior'to the :g' 1Il8U~ .~n&:~provided to each r 0· ....... ' upy,' ng sJ'mt'lar space c~!"""""...... ..' '. . , . , ......... wc.llwuregmation will be ,.,.., 

~Co_aiDt .. ~ may be sutmUttcd elec1ro.aically to the :Boaro· R· .~. ~IWJI'IJI J:I·n-",p~~~crlbEI ftte.8pard b~ April 12. 2010. A subject beading of the pro'~~ts@staCe pa.u9'and must be received by .... ~ each tnmsmission. If the !lender does'nOt rtceive . a retmn name and address must be incluiled in ~!...:::~~~::!&~~~q days,lbe COIiJJDeots shoutd be retransmitted to en-sanu aclmo.wJedgement of'e1ectronic COJllJltents within 2 wodc.ing . . .. rerccelpt ~i.es of the Proposal . . 

~ full ~ of the rulemaking will be published in the Pahr..~_, . 

l.L..LU:L.d~-!:...-==;z!::#--;I2.:..!:::J will~ available athttp://www.pabulletin..comas well ~ ;;lli? 6. 2010 ' ISSue oftJ;le Pennsylvania B,:,Uetin and 

at http://www.depweb.atatepa.us (Select "Public Participatioo'" ~~! of En.~~tal Protection's website 

<foWl! and sel~t "Proposals Currently Open for Comment") Cop" ~ the IC Particl~bon Center"; then scroll S~aa Sl11Ith, Department of Environmental Pro . . J.e/I proposal will also be available from 

Building, 12th floor. 400 Marke! Street PO B tecboll.B~all of Air Qaality,RacbeI Carson State Office or by email atStwtismith@state.pa.us.···Ox8468.HarriSburg.PAI1105-8468 • by phone at (111) 787-9702 ·This affidavit must be made by tl'.le 

JOHN HANGER 

Cb' 11 

ANT 
4500445684 10{07 

COMMONWEALTH OF PENNSYlVANIA 

STD-621 REV, 1 2-88 

PUB"LICATIONS:AUTHORIZATioN AND' rNV~i~E 15223'0 

TO: [N6t" AND AD~RESS OFbNEW.JrAPERJ G Y1ttsDurg ¥ost azette 

. 

I FEDERAL 1.0. NOJSoc. .EX:. NO. FROM: (NAM!! AND ADDRESS bF AGENCY) • AGeNCVTElEPHONE NO. . 

:94-0692700 Shaniqua N. Smit~ 717-787-9702 

Attn: Legal Department 

34 Boulevard of the Allies 

Pittsburgh, PA 15222 

~--------.----------. PADEP Bureau of ATr--Qu'S'li1:y······· 

400 Market Street, 12th Floor 

Harrisburg, PA 17105-8468 

HEREWITH IS ENCLOSED COPY FOR pueUCAnON OF ADVERT15EMENT FOR PROPOSALS TO 

o EMPL.OY 0 PURCHASE [J CONT'AACT o SELL 

TYPEOFAD 

o CLASSIFIED r¥-. ~ L:.:I L.EGAL NOTICE 

pUBUSH ADVERTISEMENT (NO. OF"nMES) MAXIMUM NO. OF UNES 

1 ': t ,I 

DATES OF INSERTION 

February 5, 2010 #33922455 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in !ype rooularly' used by_y'our news~p-er for RubUc (~al) 

notiCie advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination. shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in the form of a tearsheet must be included on Parts 1, 2 & 3. Return qriginal and two Qopies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

1st Ad 

2nd Ad 

3rdAd 

FUND DEPT APP ORe; COST FUNcnON DBJ 

OATE OF INSERTION AC'11JAL NO. OF PRINTED UNe5 

2010 231 

ENVIRONMENT At 

QUAlITY BOARD 

NOTICE OF PUBUC 

HEARINGS Proposed Amendments to Air Quality Regulations and the State Implementation Plan 

(2S Pa. Code Chapters 121 and 127) 

New source Review 

QU~U:~g;~r&~r~r!r,IARSHEET HERE hold three public hearCOST PER LINE 

GRAND TOTAL+-

AMOUNT 

TOTAL AMOUNT 

1,7 • SO 

_________________ ---"1ln8s for the purpose of a~epti~c~entson-------------------------------------------­

Commonwealth the proposed rulemak- of Pennsylvania In8 to amend 2S Pa. County of _.....J!U.LegtJlel:l}L ______ ...J Code Chapters 121 and 127 (relating to general Before me the subscriber a Notary provlsJons; !lnd.construc- id County personally came hi! r"' ...... ...:1.. • I , tion, modification, reac-' . d. oOCK1\Vl:ft 

w~~i~~~~md~~~~a~s =~r~=-_·~r~·_a~g~e~n~t-·--~t-·---~-~--------__ _ the rulemakln~ .WOUld3wspaper published at -PittSBuffl FA 

that the advertisement, of which tearsheet :~:r;.c:n~~te~~~~~~~~ was published in the regular aCfuertlslng c611lrhns of said newspaper, 

in the editions of said newspaper, in all r::~r:I~N€~JJt~~~11~- d and invoiced above; and that the Commonwealth is not charged 

therefor at a rate higher than is charged nSUebcwhaoptuer E <rellatin)gtJ cial advertiser for a similar amount of matter occupying similar space 

d . '"1 "d s ree rev ew . to an set In a Simi ar manner, In sal newspa Incorporate recently promulgated Federal ra- ~Ulrements fDr fine parSworn 4nd subscribed before me th ~~~I;~2~;~~:c(~~~r~~ _ 

day of ~ -'L{}-''Lu .. tthrr other clarifYIng amend- ,---L.-..-.;.....---~H_--~-_,__-- ment! tQr Chapter 127-

, /' -'. i" . ;e/ " p WOUld also be proposed. 

/ :v~~ Ii· ,j.J {).J!.J\. Tl1e proposed rule- SIGNAWREOFAf-1'1AHT . 

making applies to con· COfl.-MONW'EA NOTARY PUeuc structron of major sta- " ~ _ L TH OF PENNSYLVANIA 

./ (. 1'/ tionary sources and I N 

My- commission expires -./ l.l malor mot;llflc:atlons at Unda M. GaotaertnerrIaJ Seal, Mnt-, Pu&.Jl- - ma or stationary sourc- '--1' UII\# 

• I es. The proposed rule- City Of p:M.U..., h *This affidavit must be made by the Owner, Publi 8f, ~ makIng. ff subsequently f the owner Of' publisher. ~ ,~urg • Allegheny Coonty 

. 'adopted a final·form by the rUJemaklng'la Board as ~::~~~~====~'~~~~~~~~~~~~~~=== ~I~ I:!.e s!Jbf!\!!!e_~).o the MPTROLLER Memb()r, Penns Ive"!;a Ass ! . 
COMNlONWEA.l..TH OF PENNSYLVANIA 

STO-521 REV. 12-88 

4500445684 10/07 

INYOICENO. 

PUBLICATIONS>AUTHORIZATION AND INVOICE 152232 

PUBLICATIONS AUTHORIZATION 

TO: (NAME AND ADDRESS OF NEWSPAPER) • FeDeRAL. 1.0. NO,/SOC. j5EC. NO. FROM: (NAME AND ADDRESS OF AGENCY) • AGENCY TELEPHONE NO • 

Reading Eagle : 24-0676050 Shaniqua N. Smith:717-781-9102 A~~n: Legal Advertising PADEP Bureau of A:ii:·-Q-tial·i~-j-·--··· 

P.O. Box 582 

Reading, PA 1960~-0582 

400 Ma~~e~ S~re~t, 12~h F~oop. 

Ha~risburg, PA IlfO'~8468 

HER£W11'H IS ENCLOSED COPY FOR PUBLICATION OF ADVERT\SEMENT FOA PROPOSAUiI .... 0 TIPEOFAD 

o EMPI.OY 0 PURCHASE 0 CONTRAC~ o SELL o CLASSIFIED ~ LEGAL NOTICE 

~ 

PUBUSH ADVEIf'nSEMENT (NO, OF TIMES! MAXIMUM NO. OF UNES 

1 

DATES OF INSER110N 

Feb~ua~y ~~ 20~0 

You, as, vendor, are authorized 'to publish this advertisement in your newspaper, subject to the"terms of this order, as' 

. follows.: Advertisement to be published. in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in 1Ypg r~ulsrly' used by_y'our news~Qer for ~bjjc (LegaJ~ 

',notic~ .advertiSing;.. ~"'~.rg~ tQ,_be made .s! th~.rate charg~ to and pairf bYA~ommerci,al advertisers for matter:s;milarly set~·and 

c;),cc~~ing .Simil~r;~-sl=!~Q~;:_~dv~rtise~.en~ ~o .b,~:~~~n 'ifl-.. t~~ .~it~ps",~~ifiedAIb~v~~:Y~~,:~9:feeS.. _'I -'/;':1f~~ei ~ .' pL~'L contraCt awai'declto1 it h~eu~tteri- s'atd,--ven&r wft('nOtf~dfsefinuna~Q8i~sf ally -emplOyd·hi' ather per s~ on!..acoo , .. ~ 

s~x, -religiouS- c;:reed, ancestry, age or national origin and that the Corrtmonwealth, upon receipt of satisfactory evi~ence oJ ··suc~9. 

discrimination, shaU ,have th~ right to cancel said contract. Return this copy at once if you will not accept this advertisement (J nder the terms: .. s~tforth. -. 

Proof of advertising in the fonn of atearsheet must be included on Parts 1 , 2 & 3. Return original and two copie~ (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. . 

Commonwealth to be billed only for actual' number of printed lines published. 

ACCOUNT 

CODE 

AMOUNT 

DATE OF INSERT10N ------------------PERUNE TOTAl.. AMOUNT 

1stAd 2 10 

2nd Ad 

3rdAd 

Commor}weafth of Pennsylvania 

County of Berks 

Before me, the subscriber, a Notary PI 

who being duly sworn, doth depose and say tt 

the Beading Bagle 

that the advertisement, of which tearsheet is 

in the editions of said newspaper, in all re: 

therefor at a rata higher than is charged any 

and set in a similar manner, in said newspaper 

ENVIRONMENrAL 

QUAUTY BOARD 

NOTICE OF PUBUC 

HEARINGS 

PropoHcll 

Amendnilents to Air 

Quality Ragulations and the State 

Implementation Plan 

(25 "a. Coct. 

Chapters 121 and 127) 

New 50wce Review 

The Environmental Quality Board (Board) will hold 

three public hearings for 

the purpose of accepting 

comments on the pre:>-

posed rulemaking to 

amend 25 Pa. Code Chap 

ters 121 and 127 (relating to general provisions; and construction, 

modification, reactivation and operation of 

sources). The proposed 

rulemaking would 

amend the existing 

nonanainment new source review (NSR) re- quirements in Chapter 

127, Subchapter E (relating to new source r:e- view), to incorporate re- cently promulgated Federal requirements for 

fine particulate matter 

(PM2.5) and PM2.S 

day OI..,4:::::::..~~:..!:::::=:::~~~==4-....--__._-_I__i pre<:l,Irsors. Other c~ify­ mg amendments for ( .,. 

---~~~~~~~~~~~~~I 

My commission expires 

*This affidavit must be made by the Owner, Publisher. or 1 

Chapter 121 would also 

be pr.QPosed. • - r 

The proposed rule- . 

makmg applies to con- struction of major stationary sources and ma- jor modifications at ma- Jor stationary sources. The proposea 

rulemaldn if subsecopies of their oral testi 

mony to the hearing 

chairperson at the heM 521 1 40 ing. Organizations are _1 ___ 6_5 __ + _________ ---'1...- 1 __ 

limited to designating one witness to present 

testimony on their be 

half at each hearing. ".' 

Persons in need of aE: Charge ~ 00 

commodations as proviEt d~~.~~~-Btii8:'.l~!l:-------~r'~nn~1-- ed for in the Americans IU&Y.4L;.... ~ . """ 

with Disabilities Act of I TOTAL .... 1990 should contact the 

Board at (717) 787-4526 or through the Pennsyf I , • ." I 

vania AT&T Relay Service 

at (BOO) 654-5984 (TOO) 

to discuss how the Board can best accommodate 

their needs. 

Written Comments 

Interested persons are iR 

vited to submit com 

Lynn Sch1t:t:ler 

Beading 

528.40 

ments, suggestions or oB 

jections regarding the 

proposed rulemaking to 

the Environmental Qua~ 

ty Board, P.O. Box 8477, 

Harrisburg, PA 11105-

8471 (express mail: Ra 

chel Carson State Office 

Building. 16th Floor, 400 

ar advertising columns of said'newspaper, 

f that the Commonwealth is not ~harged 

amount of matter occupying similar space 

Market Street, Harris 

burg, PA 17101-2301). 

Comments submitted by 

facsimile 

c.~.·Comll).n~sul Will not be aE: -F 2f~ ' ~ gestlons or objectIons 

must be received' by the SIGNATURE OF AI-FIANT 

Bo~rd~by~prjI12, 201();'''' 

Interested persons may 

also submit a summary of their comments to the 

Board. The summary 

may not exceed one page in lenQth and must 

also be received by April 
 

4500445684 10/07 

COMMONWEALTH OF PENNSYLVANIA

STD-521 REV. 12-SS

PUBLICATIONSAUTHORIZATION AND INVOICE INWICE NO 1522

PUBLICATIONS AUTHORIZATION (To be completed by agency): TailOnii 20tao

TO: (NAME AND ADDRESS OF NEWSPAPER) •FEDERAL I D NaiSOC. SEC. NO.

Stranton Times— Tribune : 24-0717470 

Attn: Legal Dept.

149 Penn Airenue

Scranton, PA 18503

FROM: (NAME

Shaniqua

PADEP

OF AGENCY .. AGENCY TELEPHONE NO.

of Air-NaTity

12th Floor

17105-8468

N. Smith:717-787-002

Stteet,

PA

400 Market

Hartisbutg,

AND ADDRESS

Bureau

HEREWITH IS ENCLOSED COPY FOR PuOLICABON OF ADVERTISEMENT FOR PROPOSALS To TYPE OF AD

EMPLOY U PURCHASE CONTRACT il SELL II CLASSIFIED UCLEGAL NOTICE l't

PUBLISH ADVERTISEMENT (NO. OF TIMES)

1

MAXIMUM NO. OF LINES DATE

February 5, 2010

ORDER NO.

DATES OF INSERTION

February 5, 2010

SIGNA R FOR AGENCYE

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as

follows: Advertisement to be-published in regular-advertising columns, no position specified; caption` of two lines and signature to be in capitals and subject matter and title of officer.to be set solid in type regularly used by your newspaper for public (legal)

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any

contract awarded to it hereunder, said vendor will not discriminate against.any employe or other persona on account of race, color,

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement u nder the terms set forth.

Proof of advertising in the form of a tearsheet must be included on Parts 1, 2 8-3. Return original and two copies (signed by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours.

Commonwealth to be billed only for actual number of printed lines published.

ACCOUNT

CODE

COST FUNCTION AMOUNT

(034,

NOTICE OF PUBLIC HEARINGS

ENVIRONMENTAL QUALITY BOARD

Proposed Amendments to ArantulaZ

Regulations and the State Imp

on

1st Ad

Plan MS Pa. COdoPoltSte* 12tandS271

Neer Sohror Nor '

The Environmental Clue itylgoard (Board) will

hold three pubic hearings for the .purpose of

accepting comments on Matirabs oseetrulernaking to amend 25 Pa. Cod 121 and

127 (relating to general l5fgv i

• and construction, modificationtiOn and operation of sources).. The proposed rolernaldn9

would amend the existing . 

nattainment new

source review-(NSA) requirements in Chapter 127, Subdiapter E (relating to new source re- view), to incorporate recently promulgated Federal requirements for fine particulate matter

(P142.5) and PM2.5precursors. Other clarifying p amendments for Chapter 127 would also be F

proposed.

 The proposed rulemaking applies to consukicCorryngriwealth of Pennsylvwia don of major stationary muromeand mapr

County of 0 il k (114-1 01'1 14 proposed culemaldng, if lici0Pled

modifications' at major stationary sauce*. TM

Before me, the subscriber, a Notary Public in i bi subrntheitraeSltasina.iteinn ech to

Agency for =royal ast ion o State who being.duly sot dotdepose and say that he is iniplenterne Plan. •

the 71 nit' r a The hearings will be held as follows41500

3rd Ad

.DST PER UNE

9-73

- -

ND TOTAL -lb- 1, 31 rg

1C 

67 4A, 1612. 7 Sint S 

Pi g ObucAoLd 

that the advertisement, of which tearsheet is attache March 9, 2010 in the editions of said newspaper, in all respects E 1 pm.

therefor at a rate higher than is charged any ordinary

and set in a similar manner, in said newspaper.

day of

Swornlyd

• 2 ?Lila bscribed before me this

Au< 1.1

NOTARY PUBLIC

March 12, 2010

My commission expires 1 p.m.

This affidavit must be made by the Owner, Publisher, or the designs

DePartment of Environmental Protection

Southwest Regional Office Waterfront Conference

Rooms A and B 400 Waterfront Drive

Pittsburgh, PA 15222

Department of Emironmental Protection Southeast Regional Office Delaware River Conference Room, 2 East Main Street

Norristown, PA 19401

Department of

Environmental Protection Southcentral Regional

Office, Susquehanna A

-Conference Room 909 Elmerton Avenue

Harrisburg, PA 17110

• Mardi 10, 2010

1 p.m. 

jular advertising columns of said newspaper,

ind that the Commonwealth is not charged

ar amount of matter occupying similar space

1,7)17-61400/4...4

SIGNATURE OF AFFIANT

*, •

Nubile ilearhas

COMMONWEALTH OF PENNSYLVANIA 

STO-52-1 REV. 12-88 

PUBLICATIONS:AUTHORIZATION AND INVOICE 

4500445684 1 0107 

1522~~ PUBLICATIONS AUTHORIZATION (To be completed by agencvh SI 'v 

TO: (t:<ANlE AND AODRESs OF NEWSPAPER) 

Seran ton Times-Tr i bune 

Attn: Legal Dept. 

149 Penn Avenue 

Serantoti, PA i8503 

• FEDERAI-1.0. NO./SOC. :>EC. NO. 

: 24-0717470 FROM: (NAME AND AOORESS OF AGENCY) 'AGENCVTELEPtiONE NO, . 

Shaniqua N. Smith:717-787-9702 

PADEP Bureau of A1Y·Q"1l1l1:'it"y··"·'· 

400 Market Street, 12th Floor 

Harrisburg, PA 17105-8468 , ' 

HEREWITH IS ENCLOSED COPY FOR pUaUCAl10N OF ADVERTIS~ENT FOR PROf"OSALS TO 

o EMPl,OY 0 PURCHASE 0 CONTRACT I

TYPEOFAO . 

o SELL 0 CLASSIFlED 

, 

[1{...EGAL NOTICE ~ 

1 

I MAXIMUM NO. OF LINES DATE I ORDER NO. 

February 5, 20io 

PtJBUSH ADVERTlSEMENT (NO. OFTlMESj 

DATES OF INSERTlON 

February 5, 2010 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

follows: Advertisement to be.published in regl;llar-adveftising columns, rto position specified; capt/on' of two lines and signature 

to be in capitals and subject matter and title of officer, to be set solid in !ype regularly used bY_lIour newsl.1al.1er for [1ublic (~al) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter Similarly set and 

occupying similar space; advertisement to be run in the editions specified above, Vendor agrees that, in the performance of any 

contract aWarded to it hereunder, said vendQr wiH no1:discrimi(late, against,anyempl!>y<l or other person$,on ,account offaee, cOlor, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. ' 

Proof of advertising in the fonn ola tearsheet must be included on Parts 1,2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized, Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

1stAd 

2nd Ad 

3rdAd 

FUND DEPT APP YEAR 

DATE OF INSERTION 

LOG ORG COST FUNCTlON 0""' AMOUNT 

N01ICE OF PUBUC HEARINGS 

~ 

ENVIRONMENTAL QUAUlY BOARD 

Amendm ..... to Air Quality :OST PER UNE 

--.. ~,':T~ -----I--------~--

:::~::S!l:'~:, .. ,i l~c_,_'7'_"3'""_ _ _+----'1--'--'~"'--'&'---~-1 E_ 

TOTAL AMOUNT . 

hold three public hearings ,for, the'purpose rtf 

accapting comments on the .<rUlemaJ.' r 07\ ing to amend _2~ p", Cod ,-'121 and . " :)' -. . U 

127 trelating W 'gen&f81 .pjjvi' _ : and con- I---"---"'-'--+-'-----'---~-~~-'-=­ stniction, mOdificatio~ion' and op~atioo of' tOurces). ,The proposed rulemaking 

would amend the existing. nonattai'!.ment new source.l1IYiew·INSR):!'99!(Qq)e~ In CMpter I 

127, 'Sul>ch~pl", E I",'''ng to new SOU\~ I ,NO TOTAL -. 11 f I D' view~ to Incorporate recently ,.promu ......... : ..;; () <! Federal requirements for fine partiCUlate ma~r ' -T;_:--...L---r---:..c::---,--,-",,--

___________ '_'_' __ ~" _____ '· ____ F~=~t5&~~ =:d::I~ \ ________ "_' _________ _ CoI1JlT1~~ltfl of PennsylVW1ia 

County of fI.. 0 (It{ ()..IV OJ/) 1/1 {v 

Before me,the subscriber, a Notary Public in I ~~~~~l~t~~i-~~i~ who bei.Dg,duly .swor.!).dqth depose and say that he is ' , 

the 'I I Wi (J < (r I V) U,tu a' The hearings"l1 be held as follows: 

that the advertisement, of which tearsheet is attach .. March9 2.,. 'Department 01 ' 

in the editions of said newspaper, in all respects , 1 pm, ' Em"'onm .... ' p.-.ion 

therefor at a rate higher than is charged any ordinary =.:: =~ce and set in a similar manner, in said newspaper. RoomliAandB 

_C~, 

dayof 

Swor[l &" d bscribed before me this ~ March;., 2.'. 

.e, ,,'! U{/\), .. /' 1 p.m. . 

NOTARY Pueuc 

My commission expires 

Mard112.2010 

______ --..-,_ ' p.m, 

*This affidavit must be made by the Owner, Pu~isher, or the designa 

Po • 

40llWaterfront Drive 

Pittsburgh, PA 15222 

Department of ," Environmental protection Sou1h_ Reglona' Office 

Delaware River Conference 

Room. 2 East Main Street 

Nor~wn. PA 19401 

Department of 

Environmental Protection 

Southcentral Regional Office, Susquehanna A 

·Conference Room 

909 Elmerton Avenue 

Harrisburg, PA 17110 

)? IZ-(jnr& J/J LA J 01 f/kS lit ' 

f ,={ q J/?uucruJl.....; 

lular advertising columns of said newspaper, 

'nd that the Commonwealth is not charged 

ar amount of matter occupying similar space 

SIGNATURE OF AF.F1ANT 
COMMONWEALTH OF PENNSYLVANIA 

STD-621 REV. 12-88 

4500445684 10107 

PUBLICATIONS:'AUTHORIZATION AND INVOICE 152236 

I 

TO: (NAME AND ADDRESS OF NE.WSPAP£R) 

Williamsport Sun-Gazette • FEDeRAL I.D. NO./sOC. ~EX:. NO 

: 24-0736730 

Attn: Nancy Casale . ; 

P • O. B ox 128 . , 

Williamsport, PA 17703 

HEREWITH IS ENCLOSED COpy FOR PUaUCA'I1ON OF AoVER1lSEMENT PO'" PROPOSALS TO 

D EMPI.OY 0 PURCHASE 0 CONTRACT D SELL 

PUBUSH .ADVERT15EM.£NT (No. OF TIMES) MAXIMUM NO. OF UNES 

1 DATES OF INsDmON 

February 5, 2010 

~~~lE qUa°T.S O!;'m~l:~ I>Grfff~~~9 7 02 

PADEP jureau of A~:i:r .. Qual-:i.tJ---.---

400 "Nark~i Street, '12th Floor 

Harrisburg. PA 17105-8468 

T't'PE OFAO 

o CLASSIFIED ~ LEGAL. NOTIcE ~ 

You, as vendO(, -are authorized to gublish this ~advert.isement il) your ne~spaper. subject to the terms of this order, as 

follows: Advertisement to be published in regu"ar advertising columns, no 'position specified; caption of 'tWo'lines and signature 

to be in capitals and subject matter and title of officer:.to be set solid in !ype r~ularly' used bY_'iour newsQ!Qer for public (~al) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that. in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race. color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discriminationj shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in the fonn of a tearsheet must be incl uded on Parts 1 , 2 & 3. Retu rn original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. " 

.~ ,_.f.q~,~C?~~~.~~~ ~p.~. biJlec:I.:~IJrtt~OW1~~}~~Jr.,!p'~r.9f,p.~i~~~·IjO,fils pl;,l.b.Ii$n.ed.l;:,I:.;'~:l~ ~,~::. :1. _:.~,". ': ..... j.: c·~: .. :L>';· .. ··, ';' '.--.. :: : ...... .,.;.- • 

ACCOUNT 

CODE 

1atAd 

FUND DEPT APP YEAR 

ENVIRONMENTAL 

QUAUTV BOARD 

NOTICE OF PUBUC ~ HEARINGS 

; ~ Arnandrnent8 

i to AIr QualIty Regula- '} tIana _ the StaIa 1m-

- t pIemIntatIan Plan :t (25 Pe. CDdeChaptanl 2nd Ad 

3rdAd 

Com~lA'e~ of~Ni' County of __ -=1--+ __ ....;.'_ Vl_ i(_ "-

Before me, the subscribel 

;':0 ~ dul 7n, ~~ 

that the adverti ment, of which 

in the editions of said newspap 

therefor at a rate higher than is ( 

and set in a similar manner, in sait 

day Of-.rL-~~ _____ _ 

~ ,121 end 127) 

': New Source RevIew 

The Enwanmental euaJi~ 

iy Board (Board) will hold 

!three public hearings for 

'the purpose of accepting 

.comments on the propOsed rulemaklng to 

amend as Pa. Code 

Chapters 121 and 127 (relating to general provi~ 

s.ions; and .construction, 

modification. reactivation 

and operation of SOU'CeS). 

The proposed rulemaking 

would amend the existing 

nonaHalnment new 

source review (NSR) re- quirements in Chapter. 

127. &tlchapter E (relating to new source re- view), to incorporate recently promulgated 

Flderal requirements for 

. fine particulate· maHer 

(PM2.5) and PM2.S precursors. Other clarifying 

amendments for Chapter 

1 Z7 would also be ~ 

posed. 

The proposed rulema)dng 

applies to construction of 

major stationary sources 

and major modifications 

at major, stationary sources. The proposed 

rulemaklng, if subsequently adOptecl by the 

Soard as a ftnaJ..fonn I1Ja 

temaking. win be submitted to the U.S. Er1vlronmental Protection Agency 

!or .~ ~ a._r~n 

ORG COST FUNCTION OBJ AMOUNT 

Pubic Hearings 

Persons wishing to present testimony at a hearing are requested to 

cantact the Environmentaf 

Quatlty Board, P.O. Box 

8477. Harrisburg. PA 

17105-84n, (717) 

787-4526 at least 1 week 

In advance of the hearing 

to reserve a time to 

pr6S8llt testimony. Oral 

testimony is Umlted 10 10 

mootes for each wi1ness. 

Witnesses are requested to submit three written 

.copies of their oral testimony to the hearing 

chairperson at the hear· 

ing. Organizations are 

imited 10 designa.tng one witness to present testimony on their behalf at 

each hearing. 

Persons in need of ac- .commodations as provided for in the Americans 

with Disabilities Act of 

1990 should contact the 

Board at (717) 787-4526 

or throu,h the Pennsylvania A & T Retay Service at (SOO) 654-5984 

(TOO) 10 dscuss how the 

Board can best accom· modate their needs. 

April 12. 2010, A subject I-r-------------

heading of the proposal 

and a return name and TOTAL AMOUNT 

address must be included l--I------"...::.~~_,IIC~-.__.._...___.,...,.. 

In each transmission. If Lf 

the sender does not re- ceive an acknowledgement of electronic com- ments within 2 working 

days, 1he comments 

shook! be t'8Ilansmitted to t-+----------~--­ ensure reoaipl 

The full text of the ru- IemaklnQ will be pu.bIIshed In the "February 6, 2010,1-1------------1.---1--

issue of the pemsylvanla 

Bulletin and will be availableat 

http://www.pabulletin.com 

as we. as on the Depart-1--------------

ment of Environmental 

~~=~.:. at li\.11 ;J~ j- ( D f .Il , , ~ ('" 

pa.us (Select "Public I v... T, ~ rr- \,J \..... , 

ParticipatiOn"; then "Public:: 1------=------

Partic:ipation Cenier"; then 

scroll down and select I-:-T---r;~.__--w.....-__ ..... _---

·Proposals CurrenUy . ..;;;; Open for Comment"). 1-. -·--I--I---f---.;.·d-----

Copies of the proposal ISing 0 umns 0 S~l newspaper, 

wIR also be' available from a Commonwealth IS not charged 

!~~~iq~ sE~~r,on~:t~i f matter occupying similar space 

Prot6dion, Bureau Of Air 

State 

Quality, 

Office 

Rachel 

BuildIng, 

Carson 

12th _: 

.£ 

_ .• c. <, • ___ _ floor. 400 Marke.t Street. . P.O. Box 8468, Harris· 

burg. PA 17105.a468, by 

phone at (717) 787-9702 '_ • or by email at ... _--=~ __________ _ shanismith@state.pa.us. HE OF Af'F1,ANT 

JOHN HANGER 

ChairpersOn 

Wrltlen Commen18 

Intstested persons are invited to submit .com· ments, -suggestions or Dbtecf.Ions reg8r(ting tfIe pro- oosed rulemaking to the 

I:nvlronmental Quality 1======================= Board, P.O. Box 84n, 

Hanisburg. PA 

171.PS-8!77 . (e~press 
4500445684 10/07 

COMMONWEALTH OF PENN~ANIA STD-52, REV. 12:-88 

DUPLICATE 

PUBLICATIONS>AUTHORIZATION AND INVOICE 153154 

PUBLICATIONS AUTHORIZATION (To be completed by agency)! c 

TO: (NAME AND ADDRESS OF NEWSPAPER) 

The Patr~ot News 

Attn: Pe~a 255-8275 

PO Box 22~5 

Harrisburg, PA 17105-2265 

• FEDERAL 1.0. NO./SOC. :"!EC. NO. 

! 23-1304402 FROM: (NAME AND ADDRESS OF AGENC';) • AG&:NcYTELEPHClHE NO • 

Sbaniqua Smith :717-787-9702 

DEP Bureau of Air!.Quai-it'Y--- .. ·.--. 

400 Market Street. 12tb floor 

Harrisburg, PA 17105-8468 

HEREWITH IS ENCLOSED COpy FOR PUBUCA110N OF AOVERTISItMENT FOR PROPOSAf..S TO 

o EMPI..OY 0 PURCHASE 0 CONTRACT I TYPEOFAO o 5El.!. 0 CL.A5SIFlED I!J LEGAL NOTICE ~ 

PUBUSH ADVERTtSEMENT (NO. OF 11 MES) l MAXIMUM NO. OF UNES O;ay 18, 2010 I°FtOERNO. 1 OATES OF INSERllON 

February 5, 2010 

You, as vendor. are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as 

! fellows: Advertisement tb be' published in regular advertising.columns, no 'position specn~ption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in iYpe regularly used by_y'our news~~r for ~ublic (~all 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it ~ereunder, said vendor will not discriminate against any employe or other persons on account of race, coror, 

sex, religious creed, ancestry, age or national origin and that the Commonwealthj upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Retl:Jrn th is copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in the form of atearsheet must be included on Parts 1,2 & 3. Return original and two copies (signed 

by the editor or publisher) to Agency listed .above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

1stAd 

2nd Ad 

3rdAd 

.,1 

FUND DEPT APP 

'. 

Coml)'lC}f'ttlvealth/of Pennsytvania , County of \L.J{,I.. J f h.A ,,--. . . , 

B~f e ma, the SUbSC~i er, a Notawy Publi 

who bein ry.s~or~, do~ e ~e.qrld say that 

the CL-. 'ILl z:>T .. vt...O 

that the advertisement, of which tearsheet is att 

in the editions of said newspaper, in all respe 

therefor at a rate higher than is charged any orc! 

and set in a similar manner, in said newspapef~ 

Sworn ~~efore ~e thi ~-V~. I 

ORG COST FUNCTION OBJ AMOUNT 

ENVI RONMENT AL QUALITY 

BOARD 

NOTICE OF PUBLIC HEARINGS 

Proposed Amendments ta AII' Gluallty 

RegulatIons and the State I mplementa~ non Plan 

(2S Pa. COOl' Chopters 121 and 127) New Source Review 

The Environmental Quality Board (Board) will hold three public hearings for the Purpose of accepting comments 

on the proPOSed rulemakfn" to amend 2S Po. Code Chapters 121 and 127 (relating to general provIsions; and construction, 

modlflcaffon, reactivation and oPeration of sources). The proposed rulemoklng 

would amend the exlstlng nonatto'nment new SOurce review (NSR) requirements In Chapter 1'11, Subchapter E (relanng 

to new source review), to Incorporate re- cently promulgated Federal require- ments for flne particulate motter 

(PM2.5) and PM2..5 precursors. Other 

clarifying amendments for Chapter 1'11 wolJld also be proposed. 

The proPOSed rulemoklng applies to construction of malar stanana,..,. sourCl!$ and maJor modifications at malor sta- tlonorv sources. The proposed 

rulemakfng, rt subsequently adopted bv the Board as Q final-form rulemaklng, 

will be submitted to the U.S. EnvIron- mental ProtectIon Agency for approval as a revIsion to the State Implementa- tion Plan. 

The heerlnos will be held as follows: March 9, 2010: 

Deportment 01 EnvIronmental Protection 

1 p.m. Southwest RegIonal Office Waterfront Conference Rooms AandB 

.coo Waterfront Drive PIttsburgh, PA 15222 March 10, 2010: Department of Environmental Protection 

1 p.m. Southeast Regional Office 

Delaware River Conference Room 2 Eost Main Street 

Norristown, PA 19401 March 12. 2010: 

Department of EnvIronmental Protection 

1 p.m. 

Southcentral RegIonal Office 

Susquehanna A Conference Room 909 Elmerton AvenlJe HarrIsburg. PA 17110 Public Hearfngs 

Persons wishIng to present testlmonv at a hearIng ore requested to contact the Environmental Qualltv Board P 

ER UNE TOTAL AMOUNT 

GRAND TOTAL..... <." 

::J at 

:he regular advertising columns of d newspaper, 

ave; and that the Commonwealth is not charged 

l similar amount of matter occupying similar space 

IGNATURE OF AJ:F1ANT 
COMMONWEALTH OF PENNSYlVANIA 

S"!ll-62"1 REV. 120088 

LASER IMAGING SYSTEMS, INC. (717) 266-1700 106486 

4500445684 10107 

153157 

PUBLICATIONS AUTHORIZATION 

TO: (NAME AND.AODR£SS OF NI!.WSPAPER) 

The Times Leader 

P.O. Box 730 

Wilkes-Barre, PA 18711 

I FE"De.RAL I.D. NOo/Soc::. IIEC. NO. 

I 

:-15:-.321.83.7 .. 7., ••• - - - -

FROM: (MAN!! AND AODRES5 OF AGENCY) • .i.GENCYTELEPHONE NO. I 

Shaniqua N. Smith~.71.(::-J.8]_-:9202_. 

PADEP Bureau of Air Qualit~ 

400 Market S~reett 12th Floor 

Harrisburg, PA 17105-8468 

HEREWJ11.I IS ENCI.OS£D COPY FOR PUBUCKnOH OF ADVI!R'TlS~1ENT I"OR PROPOSALS TO 

[J EMPLOY 0 PURCHASE 0 CONTRACT DsEU. TYPEOP'AD 

o C1.ASSIPlILO )[]1 LEGAL NOTICE 

puaUSH ADV£RTISEMI!NT (NO. O"",,MII!S) MAXIMUM NO, 01" UNES 

1 DATES OF INSERTION 

You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms .of this order, as 

follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in 1Y~ r~ularlv. used by_y.our news~er for p-ublic (!!gal) 

notice advertising; charge to be made at the rate charged to and paid by commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract awarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex, religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising in thefonn of a tearsheet must be included on Parts 1,2 &3. Return original and two copies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours. 

Commonwealth to be billed only for actual number of printed lines published. 

ACCOUNT 

CODE 

1st Ad 

2nd Ad 

3rdAd 

Commonweatth 

County of ____ _ 

Before me, the: 

who being duly sworn, ( 

the 

that the advertisement, 

in the editions of said 

therefor at a rate higher 

and set in a similar mam 

- Sworn and subs 

daym, ___________ _____ 

• ,c 

'", :-"'i.: . ~ . The~'.~,~}~Id-~ .~ f' . 

March 9, 2010· Dipartment of ~ PI,oteetton 

1 p.m. 9otII:hw8et RegIonal 0fIIce . 

March 10, 2010 

1 p.m. 

W....-rrant ConI'eI'aiIce ~ A and B 

400 Watillliood Drtw I ~tPA.1U22·1 ., 

Department: or ~ Pro~ . 80uIheast RegIonal 0fIIce " f 

DelaWare FIver Cot ....... .eel Room 

2 EaIIt M*I Street i 

Norrttdown. PA 19401 

! 

March 12, 2010 Department of EnvIrot II'n8I'1taI PI oteel:toi. 

1 p.m. Southcentrel RegIonal onsc+ 

SUequehanna A 00i ....... 1C8 Room 

909 EIrnerton Avenue I . HarrIeburg. PA 17110 

PubIIo .... 1'IrMIa . I 

Pensona wItIhfng to preeent teeUrnony at a hearing ... requeeted io contact the ElMrcrmentaI QualIty Board, P.O. Box 8477, HarrIeburg. PA 17105-8477, (717) 787-4528 at 

least 1 week In advance of the hear'tng to I"8II8f'V8 a time to prea8nt ~. Oral 

tast:monv .. ImIted to 10 ~,for each wtInaee. WItneMeB .... reQll88ted to subAMOUHT 

TOTAL AMOUNT 

.- .,--------

s of said newspaper, 

ealth is not charged 

upying similar space 
COMNlIlNWEA1.ntOF PENNs\IUIAN&A 

STD-S2'1 REV. 1 U8 

107 

·PUB'LICATIO ~LIC~ . 'UTH JION AN'D INVOlCE 153160 

TO: If!oIAMIlt AND ADDAESS OF NIlWSPAPER) 

Delaware County Daily Times 

500 Mildred Avenue 

Primos, PA 19018 

Attn: Joan Babiak 

• FEPERAL 1.0. MOADe, ~. NO. 

: 13-3372437 

H£R&WITH IS ENCt.D8EP copy FOR PUDUCATION OF ADV'I!'.I'friSGfENT F'Im PROPoSALS TO 

o BMPI.,Ov 0 PURCHASE 0 COHTRAC1'" o SELL 

NAXIMUM NO. OF UNa 

1 

oA1'ts OF IHBER110N 

-February 5, 2010 

FROM! (NAMS AND ADDRESS OF AGENCYI • -'GENCtTELEP'HONE NO, 

haniqua N. Smith ~17-787-9702 

ADEP Bureau of AiY -Qtla1:1 t:1- -_ ... -. 

00 Market Street, 12th floor 

arrisburg, PA 17105-8468 

TVPEOFAD 

o CLASSIFlEO {] U!GAL NOTICE 

-- You, as vendor, are authorized to publish this advertisement in your newspaper, subject to the terms of this order, as' 

"follows: Advertisement to be published in regular advertising columns, no position specified; caption of two lines and signature 

to be in capitals and subject matter and title of officer. to be set solid in ttP! r~uaarly' used bY_Y..Q!:!r new~~r for Rubiic (Legal) 

notice advertising; charge to be made at the rate charged to and paid y commercial advertisers for matter similarly set and 

occupying similar space; advertisement to be run in the editions specified above. Vendor agrees that, in the performance of any 

contract swarded to it hereunder, said vendor will not discriminate against any employe or other persons on account of race, color, 

sex,: religious creed, ancestry, age or national origin and that the Commonwealth, upon receipt of satisfactory evidence of such 

discrimination, shall have the right to cancel said contract. Return this copy at once if you will not accept this advertisement under the terms 

set forth. 

Proof of advertising inthe fonn of 8 taarsheet must be included on Parts 1,2 & 3. Return original and twCJcopies (signed 

by the editor or publisher) to Agency listed above. Part 1 must be notarized. Part 4 is yours., " ---- . . ~ 

Commonw'iSlth to be billed only for actual number of prirtted lines published. 

ACCoUNT 

cOD~ 

1atAd 

I'1JND 

ENVJ&ON~J.tL opQU..tr.~ DATE OF INSERT 10 ttI!ARINCM' 

_____ .,,_-+ _____ r e b( "wi ---.;__ f ~ :!""'aWKs: .............. I 

2nd Ad t.=l':r=1:'ee 0:=: =: -----------r------------~~~~ 3rd Ad m11k1n11o 

ten 121 ... 

IinInd 

121·fniIaffnI 

25 . Coda 

to ~ 

~ 

------"'---------~-~~ 

_______________ =-J-..n.: Caftan, ~=,.,... ilddnInaI .... · 

.,.. new .........at I"e'IIII!w (HSR) re4Wlremems . In ChaPfer 121, SUbchiaPter E (relatlml to new 

SIIU'C8 i'wIIw), to tal pcJI." re-

------------------------~~~~. 

County ofcom~8f~~~n~ylv8nia ~IIIT~~ 

Before me, the subscriber, a Notar .,27 to 'The ~ -~ of ...... .... 

who 

thet)eJlA"Vut('L~f\ beirw:a dulv swom'tdoltl.d8IlOs i lJ1,"'y .... 1 nd '~=ru Sl ~~ s:-r--~ ~_ 

that the advertisement- of which tearshs9' ~~ wi! .-.:.: 

in the editions of said newspaper, in all to the u.s. aw ........... ProIIdIan 

therefor at a rate higher than is charged 8 ArItInt:I'f~':'.=-to and set in a similar manner, in said newspa thI~'-:: .. be Il8Id • tal-

~ t ..." P.M. - 0IPII't-

,;;;tVVlurn..andJsubscribed 

\A ,y 

before me t ~~~~ fnft oa.aa Roams A II1d 8, 

.., WIllerfnl1t DIM, ~ PA 

1m2 MIn:II II, .,., 1 P.M. - DepIrl- ~------"""";;--"'''-::-~---.I£~I- .,... of ElMG., ...... PlGtI!dk:In, Sautw:aII ResaIaMI otIk:a, 0IIIMIrI "- RJver CDnfe:renCe Room" 2 East I 

___ MillIn Street, .... I~ PAl!!!... i 

NIInft 12. 2010,., P.fA. .. ~.­

"This affidavit must be made by the Owner PubliSher (ment of s:nwanrnental s:a.PI~ot"edioI"';:_!lftn_, I , Southc:entrBI Reaional 0Iftca, __ 

My commission expires 

==============CIt.IIhIwIM A. car*tth~~'" .PA 

Ehner1an Avfl!tdJe, .,... --., 11110 

COST FUNCTION OBJ AMOUNT