# 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 PM 2 .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 toamend 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) (35P. 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/m 3 ) and the 24-hour standard at a level of 65 μg/m 3 (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/m 3 from 65 μg/m 3 (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 regulationrequires 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 addrequirements 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 (SO 2 ) and nitrogen oxide (NO

x ) precursors. Because the EPA determined that there is considerable uncertainty related to ammonia as a precursor for PM2.5, the proposal doesnot 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 toreduce 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, theAQTAC 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 RevisionsThe proposed amendments add a new term and definition, ‘‘PM2.5,’’ under § 121.1 (relating to definitions). Theproposed 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 theEPA, 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 theSIP; 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 theapplicable 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 includethe 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 NO

x 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 operatorof 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 emissionsincrease 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 aregulated 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 accordancewith this subchapter, if a complete ERC registry application is submitted to the Department by the date 12months 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 tobe amended to include, among other things, interpollutant offsetting ratios for SO 2 and NO

x . 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 fora 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 SO 2 to 1 tpy of SO 2 and 1 tpy of NO

x to 1 tpy of NO

x . The PM2.5 interpollutant trading ratio is 40 tpy of SO 2 to 1 tpy of PM2.5, and 200 tpy of NO

x 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 andwelfare, 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 proposedamendments as final-form rulemaking. There are approximately 700 major facilities in this Commonwealth that may be subject to the existing NSR rules if majormodifications 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 offsetinterpretative 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 RequirementsThere 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 forachieving State environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporationof energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. The 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 EnvironmentalResources 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, IRRCmay convey any comments, recommendations or objections to the proposed amendments within 30 days of theclose 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 Assemblyand 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 capacityof 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 NO

x are precursors to ozone in all ozone nonattainment areas.

(B) SO 2 and NO

x 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 (NO

x ): 40 TPY
Sulfur oxides (SO

x ): 40 TPY

Ozone: 40 TPY of VOCs or NO

x Lead: 0.6 TPY

PM-10: 15 TPY PM2.5: 10 TPY of PM2.5; 40 TPY of SO 2 ; 40 TPY of NO

x
***** 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 dateestablished by the Administrator of the EPA, condensable PM shall be accounted for in applicabilitydeterminations 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 bythe 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/m 3 —Micrograms per cubic meter mg/m 3 —Milligrams per cubic meter

NO

x —Nitrogen oxides NSPS—New source performance standard

NSR—New source review 

### [ PEMS—Predictive emissions monitoring system

lb—Pounds μg/m 3 —Micrograms per cubic meter

MERC—Mobile emission reduction credit mg/m 3 —Milligrams per cubic meter

NO

x —Nitrogen oxides 

### ]

O 2 —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

SO

x —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 SO

x , 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 remaineffective 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 NO

x 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 NO

x emissions must meet the applicability requirements of paragraph (2) or (3).

*****

(2) An increase in emissions of VOCs or NO

x , 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 NO

x , 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 NO

x 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 NO

x , 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 NO

x 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 ofthe 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 exceedthe 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 asignificant 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—asignificant 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, actualemissions 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 SO

x 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
NO

x

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

SO 2 1:1 1:1 NO

x 1:1 1:1 PM2.5 Interpollutant Trading Ratios

SO 2 40:1 40:1 NO

x 200:1 200:1(b) In complying with the emissions offset requirements of this subchapter, the emissions offsetsobtained 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 SO 2 or NO

x . [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; orRobert ‘‘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-formrulemaking is available electronically through the Department of Environmental Protection’s (Department) website 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 theBoard 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 (PM 2.5 ) as the indicator. The EPA set the health-based (primary) and welfare-based (secondary) PM 2.5 annual standard at a level of 15 micrograms per cubic meter (μg/m 3 ) and the 24-hour standard at a level of 65 μg/m 3 at 62 FR 38652 (July 18, 1997). The health-based primary standard is designed to protect human health from elevated levels of PM 2.5 , which have been linked to premature mortality and other important health effects. The secondary standard is designed to protect against major environmental effects of PM 2.5 such as visibility impairment, soiling and materials damage. In December 2004, the EPA designated all or portions of thefollowing 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 PM 2.5 to 35 μg/m 3 from 65 μg/m 3 . 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 (PM 2.5 )’’ at 73 FR 28321 (May 16, 2008). This Federal regulation requires states with PM 2.5 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 PM 2.5 concentrations, producing approximately half of the PM 2.5 concentration Nationally. Precursor pollutants to particle formation include the following: sulfur dioxide (SO 2 ); nitrogen oxides (NO

x ); 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 SO 2 be regulated as a PM 2.5 precursor; NO

x 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 PM 2.5 and precursors including SO 2 and NOx for new or modified major sources in nonattainment areas, amends the existing nonattainment NSR requirements inChapter 127, Subchapter E (relating to new source review) to incorporate the EPA’s May 2008 requirements for PM 2.5 and precursor emissions. Clarifying amendmentsfor 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 PM 2.5 threshold for new sources is 100 tons per year (TPY) of PM 2.5 . The PM 2.5 threshold for major modifications at existing sources is 10 TPY of PM 2.5 .

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 PM 2.5 are significant. Epidemiological studies have shown a significant correlation between elevated PM 2.5 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 schoolor work and restricted activity days), lung disease, decreased lung function, asthma attacks and certain cardiovascular problems. Individuals particularly sensitive to PM 2.5 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 PM 2.5 below the health- and welfare-based NAAQS is important to reduce premature mortality and other health and environmental effects associated with PM 2.5 exposure. This control measure is reasonably necessary to attain and maintain the 1997 annual and 2006 24-hour PM 2.5 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 NSRrules 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-formrulemaking 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 PM 2.5 , 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 provisionincludes 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 PM 2.5 , must be incorporated into the required planapproval 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 PM 2.5 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 PM 2.5 NAAQS. Moreover, these provisionsmust 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 PM 2.5 and PM 2.5 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 PM 2.5 rule by applying the Commonwealth’s existing NSR provisions to PM 2.5 . Because the Commonwealth’s existing NSR rules were developed specifically to addressparticular 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 PM 2.5 . 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 Federalrequirements 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 concernsraised during the public comment period about the aggregation of de minimis emissions for PM 2.5 and PM 2.5 precursors and the limited availability of PM 2.5 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 PM 2.5 and PM 2.5 precursors. Section 127.203a(a)(2) isrevised in the final-form rulemaking to specifically exclude PM 2.5 and PM 2.5 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 PM 2.5 and precursor emissions.

IRRC commented further that the information in thepreamble to the proposed rulemaking and the accompanying materials did not provide information on whether the Department has identified areas where NO

x emissions are not a significant contributor to PM 2.5 concentrations. IRRC requested that this information be provided withthe 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 PM 2.5 in PM 2.5 nonattainment areas unless the Department demonstrates to the satisfaction of the Administrator of the EPA or the Administrator of the EPA determines that NO

x emissions from a source in a specific area are not a significant contributor to that area’s ambient PM 2.5 concentrations.’’ The Department has not done a study to identify areas where NO

x emissions are not a significant contributor to PM 2.5 concentrations.

IRRC is concerned about the impact the final rule willhave 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 PM 2.5 rulemakings. A number of neighboring states are still working on PM 2.5 amendments to their NSR programs to meet the Federal PM 2.5 requirements and develop SIP revisions by May 2011. West Virginia finalized NSR requirements for PM 2.5 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 PM 2.5 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 PM 2.5 de minimisaggregation 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 PM 2.5 and PM 2.5 precursors for nonattainment NSR PM 2.5 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 setsof definitions for some parameters of interest (for example, two different definitions for a ‘‘regulated NSRpollutant’’ 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 ofsignificant 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 supportthe 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 PM 2.5 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 PM 2.5 provisions, theDepartment will follow the EPA’s policies and interpretations provided for nonattainment NSR for regulating emissions of PM 2.5 and its precursors SO 2 and NO

x .

A commentator stated that the definition of ‘‘maximumallowable 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 Boardproposed 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 CFR51.165. This deletion is retained in the final-form rulemaking.

Several commentators stipulated that the aggregation of de minimis emission increases is inappropriate for PM 2.5 , indicating that the proposed amendments would make de minimis emissions of PM 2.5 subject to the10-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 PM 2.5 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 NO

x and PM 2.5 should only provide offsets for either NO

x or NO

x as a precursor for PM 2.5 , but not for both. The Board agrees with the commentator. Emissions only need to be offset once. Therefore, if NO

x emissions offsets are provided as an ozone precursor, these offsets can also serve as PM 2.5 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 NO

x 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 NO

x 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 NSRamendments should be revised to exclude fugitive emissions in the context of major source determinations for PM 2.5 , 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 inthe 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 NO

x 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 theNAAQS. 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 NO

x , 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 ambiguouslanguage 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 proposedproject,’’ 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 NO

x 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 thesource’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 NO

x 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 theprovisions 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 tothe 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 emissionsincrease 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 toor exceeds the applicable emissions rate that is significant (25 TPY of NO

x 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 the10-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 PM 2.5 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 ‘‘PM 2.5 ’’ and amend the definitions of existing terms ‘‘regulated NSR pollutant’’ and ‘‘significant’’ to include the requirements for PM 2.5 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 PM 2.5 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 PM 2.5 and PM-10 emission limitations established in a plan approval or operating permit issued under this chapter; compliance with emissions limitations for PM 2.5 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 theSIP; 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 theapplicable plan approval, operating permit or SIP includes requirements for condensable PM.

Section 127.201a (relating to measurements, abbreviations and acronyms) is amended to include ‘‘PM 2.5 ’’ 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 PM 2.5 .

Section 127.203(b)(1)(i) is amended to provide that the aggregated VOC or NO

x 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 operatorof 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 emissionsincrease from a project does not exceed the listed applicable emissions rate that is significant, the owner or operator shall calculate the net emissions increase inaccordance 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 asprovided 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 PM 2.5 and PM 2.5 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 PM 2.5 emissions or PM 2.5 precursor emissions in a specificnonattainment 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 PM 2.5 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 NSRpollutant’’ has been modified between proposed and finalform rulemaking to add subparagraph (iii)(C) to provide that NO

x are presumed to be precursors to PM 2.5 in PM 2.5 nonattainment areas unless the Department demonstrates to the satisfaction of the Administrator of the EPA or the Administrator of the EPA determines that NO

x emissions from a source in a specific area are not a significant contributor to that area’s ambient PM 2.5 concentrations.

The definition of ‘‘significant’’ has been modified between proposed and final-form rulemaking under PM 2.5 emission rate to provide that 10 TPY of PM 2.5 , 40 TPY of SO 2 and 40 TPY of NO

x are the applicable rates unless the Department demonstrates to the EPA’s satisfaction or the EPA determines that the NO

x emissions are not a significant contributor to PM 2.5 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 PM 2.5 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 partof 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 PM 2.5 and PM 2.5 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 asprovided 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 PM 2.5 and PM 2.5 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 (PM 2.5 ),’’ published at 73 FR 28321. The petition objected to four parts of the final rule, including allowing states to use EPA-recommended PM 2.5 precursor trading ratios to offset PM 2.5 emissions increases in PM 2.5 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 PM 2.5 precursor trading ratios to offset PM 2.5 emissions increases in PM 2.5 nonattainment areas. The EPA agreed to reconsider the trading ratios and granted the reconsideration of this policy on thegrounds 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 PM 2.5 nonattainment area must be accompanied by a technical demonstration showing the suitability ofthe 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 PM 2.5 and PM 2.5 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 PM 2.5 emissions or PM 2.5 precursor emissions in a specific nonattainment area orgeographic 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 PM 2.5 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 PM 2.5 from major stationary sources. Attaining and maintaining levels of PM 2.5 below thehealth- and welfare-based NAAQS are important to reduce premature mortality and other health effects associated with PM 2.5 exposure. Reductions in ambient levels of PM 2.5 will also promote improved animal health andwelfare, 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 byprocuring 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 forachieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporationof energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. The final-form rulemaking does not directly promote a multimedia approach. The reduced levels of PM 2.5 , however, will benefit water quality through reduced soiling and quantities of sediment that may run off into waterways. Reduced levels of PM 2.5 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 publiccomment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on July 20, 2011, the final-form rulemaking was deemed approved by the House andSenate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on 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 PM 2.5 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 —Forpurposes 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, O 2 or CO 2 concentrations, and calculate and record the mass emissions rate in terms of mass per unit time, like lb/hr, on a continuous basis.

PM 2.5 —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) NO

x 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 NO

x are precursors to ozone in all ozone nonattainment areas.

(B) SO 2 is a precursor to PM 2.5 in all PM 2.5 nonattainment areas.

(C) Nitrogen oxides are presumed to be precursors to PM 2.5 in PM 2.5 nonattainment areas unless the Department demonstrates to the satisfaction of the Administrator of the EPA or the Administrator of the EPA determines that NO

x emissions from a source in a specific area are not a significant contributor to that area’s ambient PM 2.5 concentrations.

(iv) PM 2.5 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 (NO

x ): 40 TPY
Sulfur oxides (SO

x ): 40 TPY

Ozone: 40 TPY of VOCs or 40 TPY of NO

x Pollutant Emissions Rate

Lead: 0.6 TPY

PM-10: 15 TPY

PM 2.5 : 10 TPY of PM 2.5 ; 40 TPY of SO 2 ; 40 TPY of NO

x , unless the Department demonstrates to the EPA’s satisfaction or the EPA determines that the NO

x emissions are not a significant contributor to PM 2.5 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 NO

x , the emissions rate that is significant and other requirements for VOCs in subparagraphs (i) and (ii) apply to NO

x emissions.

(iv) The emissions rate that is significant for CO in a serious nonattainment area is 50 TPY if the EPA hasdetermined 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 anonattainment 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 thehighest 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 NO

x . A facility within either an unclassifiable/attainment area for ozone or within a marginal or incomplete datanonattainment 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 requirementsunder § 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 NO

x 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) PM 2.5 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 PM 2.5 and PM-10 emission limitations established in a plan approval or operating permit issued under this chapter.

(2) Compliance with emissions limitations for PM 2.5 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 January1, 2011, or an earlier date established by the Administrator, without accounting for condensable PM may not be considered in violation of this subchapter unless theapplicable 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/m 3 —Micrograms per cubic meter mg/m 3 —Milligrams per cubic meter

NO

x —Nitrogen oxides NSPS—New source performance standard

NSR—New source review

O 2 —Oxygen PAL—Plantwide Applicability Limit PEMS—Predictive emissions monitoring system

PM—Particulate matter

PM 2.5 —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
SO

x —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 PM 2.5 , which will apply after September 3, 2011.

(b) For SOx, PM 2.5 , 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 remaineffective 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)

SO 2 1.0 μg/m 3 5 μg/m 3 - 25 μg/m 3

- PM-10 1.0 μg/m 3 5 μg/m 3

-- - CO - - 0.5 mg/m 3 - 2 mg/m 3 Lead - 0.1 μg/m 3

-- -

(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 NO

x 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 NO

x 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 NO

x , 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 NO

x , is considered a modification unless the owner or operator elects to offset the increase by a greater reduction in emissions of VOCs or NO

x 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 NO

x , 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 NO

x 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 toVOC emissions from major facilities and major modifications apply to NO

x 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 NO

x 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 arelaxation 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 thedate 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 anexisting 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 planapproval 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 asignificant 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—asignificant emissions increase and a significant net emissions increase. If the project causes a significant emis

### 4770 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 PM 2.5 and PM 2.5 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 itoccurred 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, actualemissions 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: flueemissions, 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, theconditions 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 excessof 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 SO

x 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
NO

x

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 

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**PENNSYLVANIA BULLETIN, VOL. 41, NO. 36, SEPTEMBER 3, 2011**Pollutant/Area Flue Emissions Fugitive Emissions

Lead 1.1:1 1.1:1

PM 2.5

PM 2.5 Nonattainment Area

PM 2.5 1:1 1:1 PM 2.5 Precursors

SO 2 1:1 1:1 NO

x 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 PM 2.5 emissions or PM 2.5 precursor emissions in a specificnonattainment 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 PM 2.5 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 67Pa. 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 theCommonwealth 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 appealthe 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 ofTransportation, 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 PM 2.5 

# 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

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## 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 p articulates equal to and less than 2.5 micrometers in diameter ( PM 2.5 

## ) as the indicator. The EPA set the health

- based (primary) and welfare

- based (secondary) PM 2.5 

## annual standard at a level of 15 micrograms per cubic meter (μg/m 3 

## ) and the 24

- hour standard at a level of 65 μg/m 3 

## . See 62 FR 38652. The health

- based primary standard is designed to protect human health from elevated levels of PM 2.5 

## , which have been linked to premature mortality and other important health effects. The secondary standard is des igned to protect against major environmental effects of PM 2.5 

## such as visibility impairment, soiling and materials damage. In December 2004, the EPA designated all or portions of the following c ounties in Pennsylvania as nonattainment areas for the 1997 f ine 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

, Philade lphia

, 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 lower ed the prima ry and secondary 24

- hour NAAQS for PM 2.5 

## to 35 μg/m 3 

## from 65 μg/m 3 

## . See 71 FR 61236. The following c ounties 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, Chest er, 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 586 88 at
p. 5 8758 (November 1 3 , 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 ( PM 2.5 

## ) ‖ at 73 FR 28321 (May 16, 2008). This Federal regulation requires states wit h PM 2.5 

## nonattainment areas to submit revised nonattainment NSR programs to the EPA for S tate I mplementation P lan (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 PM 2.5 

## concentrations , producing approximately half of the PM 2.5 

## concentration Nationally

. Precursor pollutants to particle formation include t he following: s ulfur dioxide (SO2); oxides (NO x ); v olatile organic compounds (VOC); and

a mmonia. 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 PM 2.5 

## 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 Cha pters 121 and 127 (relating to

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## 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 (relatin g to new source review) to incorporate the 2008 Federal requirements for PM 2.5 

## and for PM 2.5 

## precursors published at 73 FR 28321

.
The propos ed rulemaking added requirements to Chapter 127, Subchapter E, § 127.203a (relating to applicability determinatio n) and other sections of Subchapter E to expand the applicability of the existing nonattainment NSR program to include emissions of PM 2.5 

## and emissions of the PM 2.5 

## precursors SO 2 and NOx. Because the EPA determined that there is considerable uncertainty related to ammonia as a precursor for PM 2.5 

## , the proposed rulemaking did not propose that ammonia to be regulated as a PM 2.5 

## precursor

. VOCs are also presumed not regulated and were not proposed for regulation as a PM 2.5 

## precursor pollutant

. Other clarif ying amendments for Chapter 127 were also proposed.

The proposed rulemaking amendments would appl y to construction of either a major facilit y, a major modification at an existing major facilit y, or both , located in an area in this Commonwealth that is n onattainment for the criteria pollutant PM 2.5

. 

## 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 PM 2.5 

## threshold for a new sou rce is 100 tons

per year ( TPY ) of PM 2.5



## . The PM 2.5 

## threshold for a major modification at an existing facility is 10 TPY of PM 2.5



## .
The proposed rulemaking also amended § 121.1 (relating to definitions) to add a new term and definition, ― PM 2.5 

## ,‖ and amende d the definitions of the following existing terms to include the requirements for PM 2.5 

## : ―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

.

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## 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 Env ironmental 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 Ro om 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 (i f any), and location, can be found on pag e 6 of this document

.
The Board invited each commentator to prepare a one

- page summary of the commentator‘s

comments. Two one

- page summar ies were submitted for this rulemaking ; copies are attached at the end of t his 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 Committee s

.

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## 5 of 28 Abbreviations , acronyms and symbols used in this document:

A PCA

– 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 Regulati ons 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 Re view Commission
LAER

– Lowest Achievable Emission Rate NAAQS

– National Ambient Air Quality Standard NOx

– Nitrogen oxides NSR

– New Source Review
PM

– Particulate matter
PM 2.5 

## – Fine particulate matter equal to and less than 2.5 micro meter s in diameter PS D

– 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

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## 6 of 28 Commentator List for Nonattainment New Source Review for PM 2.5



## 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, P A. 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 McGo wan , 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, 14 th 

## Floor Harrisburg, PA 17101

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## 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 PM 2.5 

## and PM 2.5 

## precursors. Although the commentator understands the impetus for the proposed rulemaking, the commentator insists th at 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

o f significant deterioration of air quality (PSD)

.
• 25 Pa. Code Chapter 127, Subchapter D ( relating to p revention of s ignificant d eterioration of a ir q uality )

, which is applicable to attainment and unclassifiable areas

- 40 CFR 52.21 is incorporated by r eference under Subchapter D

.
• 25 Pa. Code Chapter 127, Subchapter E ( relating to n ew s ource r eview )

, which is applicable to nonattainment areas

- Subchapter E regulations supersede 40 CFR 51.166 regulations in Pennsylvania

. (4)

Response: The Depart ment 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 E PA‘s requirements for PM 2.5 

## and precursor emission s
. These requirements are found in the E PA‘s final rule for the ― Implementation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers ( PM 2.5 

## ) ‖ published at 73 FR 28321 (Ma y 16, 2008). This final rule amends the Federal NSR regulations to establish the minimum elements for State programs implementing nonattainment NSR for the PM 2.5 

## 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 PM 2.5 

## and emissions of the PM 2.5 

## precursors SO 2 and NOx.

Further, the Department would like to clarify that Chapter 127, Subc hapter D, implements the PSD requirements of 40 CFR 51.166 and 52.21 , applicable in PM 2.5 

## 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 p ermit 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 constr ucted 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).

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## 8 of 28 2. Comment: A commentator states that the Proposed NSR A mendments 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 PM 2.5 

## NSR Rule"). However, the Proposed NSR Amendments differ from the Federal PM 2.5 

## N SR 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 PM 2.5 

## NSR Rule. These overly stringent regulations would directly int erfere 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 requirement s of the Federal PM 2.5 

## NSR Rule by applying Pennsylvania's existing NSR provisions

to PM 2.5



## . 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 PM 2.5



## . The application of these longstanding ozone nonattainment NSR concepts to PM 2.5 

## 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 m ore

- stringent

- than

- F ederal requirements are necessary to achieve or maintain ambient air quality standards for PM 2.5



## . Relying on past determinations relevant to ozone nonattainment is not sufficient. Additionally, for each provision of the Proposed NSR
A mendments that is more stringent than the Federal PM 2.5 

## 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, Subchapt er E , which were published at 24 Pa.B. 443 (January 15, 1 994). These provisions addressed the construction or modification of certain air contamination facilit ies in a nonattainment area or having an impact on a nonattainment area. The owners and operato rs 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 micro meter s or less (PM

- 10), sulfur oxides (SOx), carbon monoxide (CO) or lea d. 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 w as approved by the EPA as a revision to the SIP at 62 FR 64722 (December 9, 1997) , a nd is codified in 40 CFR 52.2020, regarding identification of plan

– Pennsylvania

. Subsequent to the 1994 final rulemaking, the EPA initiat ed 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 . T he 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 emi ssions 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. § 740 9, regarding National

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## 9 of 28 primary and secondary amb ient air quality standards) and implementing regulations. These provisions must be maintained to satisfy the anti

- backsliding provisions of sections 110 and 193 of the C AA (42 U.S.C.A. §§ 74 10 and 7515, regarding s tate implementation plans for N ational

pr imary and secondary ambient air quality standards ; and general savings clause )

.
However, in light of the concerns raised and the limited availability of PM 2.5 

## emission reduction credits (ERCs) for emission offsets for new or modified major source projec ts, the final

- form regulation does not require the aggregation of de minimis emissions for PM 2.5 

## and PM 2.5 

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

- form regulation specifically excludes PM 2.5 

## and PM 2.5 

## prec ursors, 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 EXC EPT PM 2.5 AND PM 2.5 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 t here appears to be some inconsistency between the Regulatory Analysis Form (RAF) and Preamble as to whether this pr oposed regulation is consistent with or more stringent than F ederal regulations. Item #24 of the RAF states that the proposal is not more stringent than F ederal 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 PM 2.5 

## NAAQS [National Ambient Air Quality Standard for fine particulate matter equal to and l ess 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 PM 2.5 

## and PM 2.5 

## precursors due to the limited

a vailability 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 provisio ns of § 127.203(b)(1) (relating to facilities subject to special permit requirements). Th is major facility provision w as included in the final rulemaking published at 24 Pa.B. 443 (January 15, 1 994). The 1994 final rulemaking was approv ed by the EPA as a revision to the SIP at 62 FR 64722 (December 9, 1997) , a nd 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 deter mining 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

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## 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 cri teria 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 P a.B. 2385 (May 19, 2007) , the Department provide s clarification of its intention related to this provision as more fully explained in our response to comment 2 3

.

4

. Comment: The IRRC stated that the EQB and DEP should identify the specific standard s and provisions that apply to PM 2.5 

## and are different from the F ederal program with cross

references to the specific F ederal 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 comp anies to locate in Pennsylvania? Answers to these questions and related information should be provided with the final

- form regulation. (8)

Response: See response to c omment 3 related to the differences in the F ederal and state programs. In addition, t he purpose of the new source review rule is to implement control measures on new or modified major sources to prevent increases in PM 2.5 

## emissions, or to achieve emission reductions, in order to attain and maintain the PM 2.5 

## NAAQS according to the

statutor y deadlines prescribed by the CAA. When a PM 2.5 

## nonattainment area attains the health

based 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 pro visions would no longer apply to new or modified major sources. When the Commonwealth bring s areas into an attainment status, the permitting become s easier. If the Commonwealth fail s 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 countie s in th is Commonwealth are located in
PM 2.5 

## 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 PM 2.5 

## nonattainment areas are also currently working on amendments to their NSR programs to meet the requirements published by the EPA." Yet, it also states t hat 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 no t 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 i nsure that industries in different states are not placed at a competitive disadvantage. (8)

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## 11 of 28 Response: The Department conferred with neighboring states in April and November, 2010, regarding the status of their NSR PM 2.5 

## rulemakings. A number of neighbor ing states are still working on PM 2.5 

## amendments to their NSR programs to meet the Federal PM 2.5 

## requirements and develop SIP revisions by May 2011 . West Virginia finalized NSR requirements for PM 2.5 

## on June 1, 2010. Delaware expects to propose its rulem aking by May 1, 2011, and finalize its rulemaking by July 1, 2011. All of the states with PM 2.5 

## nonattainment areas must submit SIP revisions that, at a minimum, will implement the EPA‘s PM 2.5 

## requirements for nonattainment

areas. It is not anticipated t hat the final rulemaking will place the owners of affected sources in this Commonwealth at a competitive disadvantage

-- the PM 2.5 

## de minimis aggregation requirements were omitted from the final

- form regulation because of the limited availability of emissio n offsets

.

Definitions

6 . Comment: A c ommentator stated that e nactment 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 am ong 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 PM 2.5 

## and PM 2.5 

## precursors in nonattainment NSR areas
. The nonattainment NSR program applies when a major source that is loc ated in an area that is designated as nonattainment for a criteria pollutant is constructed or undergoes a major modification. These requireme nts for PM 2.5 

## and PM 2.5 

## precursors are found in the EPA‘s final rule for the ― Implementation of the New Source Rev iew (NSR) Program for Particulate Matter Less Than 2.5 Micrometers ( PM 2.5 

## ) ‖ 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 Subcha pter 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 request ed that the Department‘s d efinition of the term ―significant‖ under § 12 1.1 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 shadi ng for proposed text, as follows:

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## 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 Emission s 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
PM 2.5 

## 10 TPY of direct PM 2.5 

## emissions; 40 TPY of sulfur di oxide emissions; 40 TPY of nitrogen oxide emissions unless demonstrated not to be a PM 2.5 

## p recursor 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 a cid 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 co nstruct within 10 kilometers of a Class I area, and have an impact on such area equal to or greater than 1 μg/m 3 

## , (24

- hour average). (4 )

Response: The EPA‘s definition of the term ―significant‖ found at 40 CFR 52.21(b)(23) applie s
to PSD requirements fo r 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 PM 2.5 

## and PM 2.5 

## precursors for nonattainment NSR , in accordance with the EPA‘s final rule for the ― Implemen tation of the New Source Review (NSR) Program for Particulate Matter Less Than 2.5 Micrometers ( PM 2.5 

## ) ‖ published at 73 FR 28321 (May 16, 2008). The definition of the term ―significant‖ found at 40 CFR 51.165(a)(1)(x)(A) for nonattainment NSR addresses on ly criteria air pollutants and does

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## 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 t he propos ed amendments to the definition for the term

― significant ‖ are similar to language in the F ederal 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 PM 2.5 

## 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 PM 2.5 

## 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 re ference 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 R ate
Carbon monoxide (CO): 100 TPY

Nitrogen oxides (NO x ): 40 TPY

Sulfur oxides (SO x ): 40 TPY

Ozone: 40 TPY of VOCs or NO x Lead: 0.6 TPY

PM

- 10: 15 TPY

PM2.5 : 10 TPY of PM2.5 ; 40 TPY of SO 2 

## ; 40 TPY of NO x 

## , UNLESS

THE DEPARTMENT DEMONSTRATES TO THE EPA’S SATISFACTION OR THE EPA DETERMINES THAT THE NO x 

## EMISSIONS ARE NOT A SIGNIFICANT CONTRIBUTOR TO PM2.5 NONATTAINMENT IN THE AREA.

***‖

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## 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 o xides (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 SO 2 

## ; 40 TPY of NO x



## ***

A commentator questions the testing procedures and listed relationships and wonder s 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 baghouse s to reduce PM 2.5 

## and PM 10 emissions during a time period when Cle an 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 (PM 2.5 

## )‖ 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 PM 2.5 

## 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 satisfactio n or the EPA demonstrates that NOx emissions in that area are not a significant contributor to that area‘s ambient PM 2.5 

## concentrations. If a State or the EPA makes such a demonstration, NOx would not be considered a PM 2.5 

## 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 PM 2.5 

## 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 PM 2.5 

## 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 PM 2.5 

## emissions to offset emission increases of

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## 15 of 28 regulated PM 2.5 

## precursors; 2) emission reductions of one regulated PM 2.5 

## precursor to offset

e mission increases of another regulated PM 2.5 

## precursor; and 3) reductions in regulated PM 2.5 

## precursor emissions to offset increases of direct PM 2.5 

## emissions. To facilitate these trading provisions, the EPA established acceptable trading ratios for PM 2.5 

## and its precursors. The Board specified the EPA

- established trading ratios for PM 2.5 

## and PM 2.5 

## precursors in the proposed rulemaking for nonattainment NSR PM 2.5 

## 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 ( PM 2.5 

## ),‘‘ published on May 16, 2008. The Petition objected to four parts of the final rule, including allowing states to use EPA

- recommended PM 2.5 

## precursor trading ratios to offset PM 2.5 

## emissions increases in PM 2.5 

## nonattainment areas. On January 16, 2009, the EPA denied the Jul y 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 E PA 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 PM 2.5 

## precursor trading ratios to offset PM 2.5 

## emissions increases in PM 2.5 

## 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 PM 2.5 

## nonattainment area mu st 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 inten t. This language removes interpollutant trading for
PM 2.5 

## and PM 2.5 

## 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 PM 2.5 

## emissions or PM 2.5 

## 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 ap proval as a SIP revision. Section 127.210 of the final

- form rulemaking is further amended to provide that if the EPA promulgates PM 2.5 

## interpollutant trading ratios in 40 CFR Part 51, the ratios shall be adopted and incorporated in the final

- form regulati on 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 s ubsection (a ). The offset requirements for PM2.5 emissions or emissions of a PM2.5 precursor may be satisfied by offsetting PM2.5 emissions

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## 16 of 28 or emissions of the PM2.5 precursors SO 2 

## or NO x 

## ] IN ACCORDANCE WITH SUBSECTION (c).

(c) THE DEPARTMENT MAY, BASE D 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 m eet an allowance

- based program such as CAIR.

10 . Comment: A commentator request ed that the Department‘s definition of the term

― regulated NSR pollutant ‖ under § 12 1.1 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 Admini strator 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 PM 2.5 

## in all attainment , n onattainment and unclassifiable

areas. ( c ) Nitrogen oxides are presumed to be precursors to PM 2.5 

## in all attainment , nonattainment and unclassifiable areas, unless the State demonstrates to the Administrator‘s satisfaction or EPA demonstrates that emission s of nitrogen oxides from sources in a specific area are not a significant contributor to that area‘s ambient PM 2.5 

## concentrations. ( d ) Volatile organic compounds are presumed not to be precursors to PM 2.5 

## 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 PM 2.5 

## concentrations.

*** (vi ) Particulate matter (PM) emissions, PM 2.5 

## emissions and PM10 emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at

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## 17 of 28 ambient temperatures. On or after January 1, 2011 (or any earlier date establishe d 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,
PM 2.5 

## and PM10 in PSD or nonattainment NSR permits. Complianc e with emissions limitations for PM, PM 2.5 

## 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 def inition 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 PM 2.5 

## 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 ( PM 2.5 

## )‖ published at 73 FR 28321 (May 16, 2008).

11

. Comment: The IRRC indicated that t he propos ed revisions to the definition for the term

― r egulated NSR pollutant ‖ are sim ilar to language in the F ederal 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 NO x emissions from sources in a specific area are not a signif icant contributor to that area's ambient PM 2.5 

## 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 a reas where NOx emissions are not a significant contributor to PM 2.5 

## concentrations. The IRRC request ed 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: ― N itrogen oxides are presumed to be precursors to PM 2.5 

## in PM 2.5 

## nonattainment areas unless the D epartment demonstrates to the satisfaction of the A dministrator of the EPA or the A dministr ator of the EPA determines that NOx emissions from a source in a specific area are not a significant contributor to that area‘s ambient PM 2.5 

## concentration s .‖ The Department has not done a study to identif y areas where NOx emissions are not a significant contributor to PM 2.5 

## concentrations.

12 . Comment: A commentator stated that t he p roposed NSR a mendments require clarification with respect to the manner in which NSR will be applied to PM 2.5 

## and its precursors. In particular, consistent with the Fe deral NSR PM 2.5 

## Rule, the proposed NSR amendments have identified SO2 and NOx as precursors to PM 2.5 

## 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, t he p roposed NSR a mendments fail to clarify that

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## 18 of 28 each regulated NSR pollutant, including PM 2.5 

## and its precursors, will be evaluated separately with respect to major source determinations and evaluations of emission increases as sociated with modification projects.

Given the unique considerations associated with the identification of precursors to a nonattainment pollutant which is itself regulated, t he Board should clarify the relationship of major stationary source status for PM 2.5 

## emissions and significant net emission increases for its precursors. In particular, the Board should clarify that NSR will be applied on a pollutant

specific basis. For example, a source that qualifies as a major stationary source of a specific

po llutant ( for example

, PM 2.5 

## ) triggers NSR applicability only if the source undertakes a modification that results in a significant net emission increase of the same pollutant ( that is

, PM 2.5 

## ). By contrast, a facility that qualifies as a major stationary s ource of PM 2.5 

## 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 def inition s of the terms ―major facility‖ and ―net emissions increase‖ specified in § 12 1.1 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 PM 2.5 

## provisions

, the Department will follow the EPA‘s policies and interpretations provided for nonattainment NSR for regulating emissions of PM 2.5 

## and its precursors SO2 and NOx

. The EPA‘s rules require that when a facility qualifies as a major stationary source for PM 2.5 

## in a nonattainment area for PM 2.5 

## , the facility triggers NSR applicability for PM 2.5 

## and also for its

precursors SO2 and NOx

. For more information, please see the EPA‘s discussion of PM 2.5 

## precursors at 73 FR 28326

- 28334 (May 16, 2008).

1 3

. Comme nt: 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) , regar ding prevention of significant deterioration of air quality

. (4)

Response: The Board proposed deletion of the term ― m aximum 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 te rm is no t used in the F ederal NSR regulations under 40 CFR 51.165. The ― m aximum allowable emissions‖ definition is omitted from the final

- form regulation. The existing definition of the term ―allowable emissions‖ specified in § 12 1.1 is consistent with t he F ederal 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).

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## 19 of 28 Aggregation of De Minimis Emission Increases

1 4

. Comment: S everal c ommentators stipulated that the aggregation of de minimis emission increases is inappropriate for PM 2.5 

## , indicat ing that t he proposed revisions would make de minimis emissions of PM 2.5 

## 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 perm it requirements)

. Some c ommentators also st ated that the Board has not demonstrated that aggregation of de minimis emission increases is necessary to achieve and maintain the NAAQS for PM 2.5. 

## T he d e minimis aggregation is particularly problematic for
PM 2 .5 

## sources for several r easons relating specifically to the low significance threshold for PM 2.5 

## , including the following:

T he requirement of de minimis aggregation and a 10

- year contemporaneous period are likely to result in NSR applicability for project s which may be minor in nature. This would severely hinder implementing even many small projects.

T he inclusion of fugitive emissions in calculating net emission increases of PM 2.5 

## over the 10

- year contemporaneous period will result in higher calculation s of PM 2.5 

## emissions than otherwise intended under the Federal NSR PM 2.5 

## Rule.

PM 2.5 

## ERCs are extremely scarce and extremely expensive. The logistical and financial burden of securing these credits will weigh heavily on sources of PM 2.5 

## emissions.

T he re is no equivalent Federal requirement for Pennsylvania to include aggregation of de minimis PM 2.5 

## emission increases in the proposed PM 2.5 

## 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 federa l 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 achiev e or maintain such standards.

The de minimis offset requirement will cause economic and op erational harm to business

a s PM 2.5 

## offsets are not available and the offset ratios for precursor pollutants are very high. Precursor offset s may not be available if they are required to be generated in the same air basin. Costs to obtain offsets will be exorbi tant if they are available.

There are serious concerns about the competitive impact on Pennsylvania's business and industry of the regulatory provisions t hat could require the offsetting of de minimis emission increases of PM 2.5 

## , 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

pro visions 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 PM 2.5 

## Rulemaking in tende d application of these provisions to PM 2.5



## .

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## 20 of 28 A ccounting for all PM 2.5 

## emission increases over a 10

- year period is especially difficult given the lack of both emission factors and a final EPA test method.

T he regulation should conform to F ederal NSR requirements for PM 2.5 

## and not require the aggregation of de minimis emission increases for minor increases in PM 2.5 

## em ission s. (1, 3

, 5

, 6 , 7, 8)

Response: I n light of the concerns raised and the limited availability of PM 2.5 

## 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 PM 2.5 

## a nd PM 2.5 

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

- form regulation spe cifically excludes PM 2.5 

## and PM 2.5 

## 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 inc rease FOR A REGULATED NSR POLLUTANT EXCEPT PM 2.5 AND PM 2.5 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 emi ssions offset requirements [in § 127.205(3) (relating to special permit requirements)] of this subchapter apply to the net emissions increase. ‖

Offset R atios

1 5

. Comment: The rule should clearly indicate that offsets shall be provided only once for a

p articular pollutant. For example

, a facility located in the Ozone Transport Region that triggers NSR for NOx and PM 2.5 

## should only provide offsets for either NOx or NOx as a precursor for
PM 2.5 

## , but not for both. (1)

Response: T he Board a gree s with the c ommentator. Emissions only need to be offset once. Therefore, if NOx emissions offsets are provided as an ozone precursor, these offsets can also

serve as PM 2.5 

## precursor offsets. The EPA provided similar guidance as a response to two

comment ato rs in its preamble for the NSR PM 2.5 

## final implementation r ule publi s hed at 73 FR 283 21 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 increas e triggers nonattainment NSR under, for example, both the ozone and PM 2.5 

## 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 obtai n two sets of offsets for NO x emissions if NO x is regulated as a precursor both for ozone and PM 2.5 

## in the area. The NO x precursor emissions need only be offset once in accordance with the applicable ratio. To the extent a higher ratio applies for

ozone un der 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 NO x offsets. ‖

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## 21 of 28 1 6

. Comment: With respect to § 127.210 , relating to o ffset rati os :

(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 

## [ Redu ctions From 

## ] Offsets For Existing Sources , Expressed in Tons per
Year

Pollutant/Area Flue Emissions Fugitive Emissions

PM

- 10 and SO x 

## 1.3:1 5:1 Volatile Organic Compounds Ozone Classification Areas Severe Areas Serious Areas Moderate Areas Marg inal/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

NO x 

## 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

PM 2.5

PM 2.5 Nonattainment Area

PM 2.5 1:1 1:1

PM 2.5 Precursors
SO 2 

## 1:1 1:1

NO x 

## 1:1 1:1

PM 2.5 I nt erpollutant Trading Ratios

SO 2 

## 40:1 40:1

NO x 

## 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 PM 2.5 

## and PM10 emissions during a time period when CAIR and CAMR (air

- mercury) regulations

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## 22 of 28 were being proposed and debated. The current dates listed would exclude them fr om 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 

## [ Reductio ns From 

## ] Offsets For Existing Sources , Expressed in Tons per
Year

Pollutant/Area Flue Emissions Fugitive Emissions

PM

- 10 and SO x 

## 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

NO x 

## 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

SO 2 

## 1:1 1:1

NO x 

## 1:1 1:1 [ PM2.5 Interpoll utant Trading Ratios ]

[ SO 2 

## 40:1 40:1 ]

### NSR PM2.5 Comment Response Document EQB 5

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## 23 of 28 [ NO x 

## 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 off setting 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 SO 2 

## or NO x 

## ] 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 C FR PART 51, THE RATIOS SHALL BE ADOPTED AND INCORPORATED HEREIN BY REFERENCE.

Further, i t 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 generatio n 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

1 7

. Comment: A c ommentator expressed concer n that th e 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 interpolluta nt trading, or so as to not exclude this approved ERC trading mechanism. (7 )

Response: The final

- form regulation does not chang e the EPA‘s previously approved interpollutant trading of VOC ERCs for NOx ERCs using a substitution ratio in the Philadelphia

o zone 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 subchap ter ] UNLESS APPROVED IN WRITING BY THE DEPARTMENT AND THE EPA

. ” 1 8 . Comment: The IRRC stated that commentators expressed concerns with the basis or rationale for the amendments in § 127.2 10 (relating to offset ratios) . One area that is unclear is

### NSR PM2.5 Comment Response Document EQB 5

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## 24 of 28 the ph rase "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 s ituations where interpollutant offsetting might be authorized? If so, what impact will this section have on those approved interpollutant offsets or trades? (8)

Response: T he final rulemaking does not modify the provision which allows the EPA‘s previous ly 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

- for m regulation

as indicated in the response to comment 17.

Fugitive Emissions

1 9

. Comment: Three c ommentator s suggest ed that the proposed NSR a mendments should be revised to exclude fugitive emissions in the context of major source determinations for PM 2 .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 sha ll 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. § 760 2(j) (―CAA‖).

One commentator further specifie d 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 PM 2.5 

## may be overestimated.

The commentators state d that the fugitive emission sources have not been previously accounted for in any PM 2.5 

## attainment plan for Pennsylvania. The Department should not rely on the inclusion of fugitive emissions of criteria air pollutants in that context to demonstrate attainm ent 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 impos e best management plans for control of fugitive PM 2.5 

## 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 exten ded to PM 2.5 

## , and the Board should not seek to

### NSR PM2.5 Comment Response Document EQB 5

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## 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 commentator s specifie d 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 f ederal rules. This c ommentator 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 growt h. (3, 7, 8)

Response: The Board did not propose amend ments 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 determ ining NSR applicability (24
Pa.B. 443, January 15, 1994) . The more stringent than provisions were determined by the Board

to be reasonably necessary to a ttain and maintain the NAAQS. The 1994 major facility provision, which wa s approved by the EPA at 62 F R 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 atmospher e 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 re view), 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 determinati ons . Th ese provisions, which are approved elements of the Commonwealth‘s State Implementation Plan, must be maintained to satisfy the anti

- backsliding provisions of

s ection s 110 and 193 of the CAA (42 U.S.C.A. §§ 74 10 and 7515)

.

20

. Comment: Two c omm entators indicated that t he 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 ―emiss ions 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 operationa l. 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 counti es 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

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## 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 revis ion 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 p roposed 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 facilit y 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 t he p ropo sed NSR a mendments 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 subparagra phs (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 appl icability requirements of §§ 127.203(b)(2) or (3). This language clarifies that the applicant needs to use the provision s in § § 127.203(b)(2) or (3) for a determination of control technology requirements when the net emissions increase is equal to or exce eds the applicable emissions rate that is significant (25 TPY of NOx or VOCs)

. S ubs ection s 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 P eriod

22 . Comment: With respect to § 12 7 .203a , a commentator stated that in order to determi n e if a project will result in a n et sig n if ica n t i n crease, it is required to add i n creases a n d decreases i n actual emissio n s of a regulated polluta n t that occurred at the facility duri n g the co n tempora n eous period. The co n tempora n eous period is defi n ed as the date betwee n 5 years before co n structio n

o n the project comme n ces a n d the date that co n structio n is completed. U n der the so

- called "PM10 Surrogate Policy

, " the EPA allows the use of PM10 emissio n s as a surrogate for PM 2.5 

## i n NSR applicability determi n atio n s. Therefore, ma n y facilities that used the Surrogate Policy i n permit applicatio n s do n ot have actual PM 2.5 

## co n tempora n eous emissio n s. I n order to avoid overestimati n g PM 2.5 

## actual co n tempora n eous emissio n s, we recomme n d that the 5

- a n d 10

- year aggregatio n periods described i n this s ectio n be started prospectively after the effective date of

### NSR PM2.5 Comment Response Document EQB 5

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## 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/ 20 05

. (1)

Response: In light of the concerns raised and the unavailability of emission offsets for PM 2.5 

## nonattainment areas , the final

- form rulemaking will not require the aggregation of de minimis emissions for PM 2.5 

## and PM 2.5 

## precursors

. Section 127.203a(a)(2 ) in the final

- form regulation has been revised to specifically exclude PM 2.5 

## and PM 2.5 

## 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 subparag raphs (i) and (ii) to calculate the net emissions increase FOR A REGULATED NSR POLLUTANT EXCEPT PM 2.5 AND PM 2.5 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: T he Board should clarify the provi sions 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 increase s 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 Augu st 9, 2007, as an equivalency demonstration and revision to the SIP. The requirements at §§ 127.203(b)(1)(i) and (ii) specify that t he net emissions increase be calculated using 5

- year and 10

- year contemporaneous aggregation provisions. First, the owner o r operator needs to calculate t he 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 VO Cs), the owner or operator needs to us e the provision s 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 exc eed 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.

2 4

. 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 incorporate d 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

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## 28 of 28 2 5

. Comment: The commentator requested that § 127.201(g) be deleted or suggested that the requirements be modif

ied for consistency with the Federal regulation. (4) Response: The Board will amend § 1 27.201(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 PM 2.5 

## 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 19004ENVIRONMENTAL 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::= rule# ~~an;r~~ Pf1Wlsfonsi 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·

MardI**!L"'~~ .1_~~**  - Depwt**mentof~~** Southwest RegIOnal**~** 

### Water.'

### ~w=a Roams A and B J 15222 Drfye, PHtsI:u'sIh,. PA

MIrch 1., 2111, 1 P.M.

- 

### 0ePart## ~~~ RIver 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, SUS**~** A 

### ConfenIIa RGqin, 909

17110 AVIf1tJe, HarrIsbunJ; PA i Persons

### :1ng~ testlmony at 

### a hewing are recpsted tQ'

, conhId the EnWannent8I QualItY

Board" P.Q. Box NTt,**~,** PA 1/105-8Q7, (711) 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 'wrlt

### ten caples of their cnI testImonY 

### to lie hIirhr dvrhNnGn 

### at the hear-**~~rltedto** tesnrnanv on their behalf 

# :=

heat1nQ.

PenQns In need of**~** tIDns 

### as PI'OYIded far 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

## ~g~'r~ QuaUIy 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

# =tt~M':~ the 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 • 

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# ~"'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 

### of

. • (PM2.5) and PM2.5 precursors. 0Ih-

..

### ~ 

# :1**~** J er dartfV(na amendments for Chap-
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 \ •**(~~**

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### ~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 protslonectlon t 

### 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 lnlOCOMMONWEALTH 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

TYPEOFAO HEREWITH IS ENCLOSED COpy**F_~UBUCA'rION** OF ADVER'IlSEMENT FOR PROPOSALS TO 

# 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 ANT4500445684 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.

. 

## Shaniqua N.**Smit~** 

### 717-787-9702 :94-0692700 

## 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-------------------------------------------­** the proposed rulemak- Commonwealth 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 by the Board as

### ~::~~~~====~'~~~~~~~~~~~~~~=== a final·form rUJemaklng'la**~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 PADEP Bureau of**A:ii:·-Q-tial·i~-j-·--··· A~~n:**  

## Legal Advertising P.O. Box 582 

## Reading, PA**1960~-0582** 

### 400**Ma~~e~ S~re~t,** **12~h F~oop.** **Ha~risburg,** 

### PA**IlfO'~8468**

TIPEOFAD HER£W11'H IS ENCLOSED COPY FOR PUBLICATION OF ADVERT\SEMENT FOA PROPOSAUiI

.... 0 

# 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'declto 1 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 Will not be aE:**2f~ c.~.·Comll).n~sul**  

# -F '**~** 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 April4500445684 10/07

COMMONWEALTH OF PENNSYLVANIA STD-521 REV. 12-SS 

## PUBLICATIONSAUTHORIZATION AND INVOICE INWICE NO 

# 1522
PUBLICATIONS AUTHORIZATION (To be completed by agency): 

# TailOnii 20 tao

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
UCLEGAL NOTICE l't II CLASSIFIED EMPLOY U PURCHASE CONTRACT 

# il SELL

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 AMOUNT COST FUNCTION 

# (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 ityl g

oard (Board) will hold three pubic hearings for the

. purpose of accepting comments on Matirabsoseetrulernaking to amend 25 Pa. Cod 121 and 127 (relating to general l5fgv i • an d con struction, modificationt i O n 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 i 

## l k (114-1 0 

## 1 ' 

## 1 14 proposed culemaldng, if lici0Pled modifications' at major stationary sauce*. TM 

## Before me, the subscriber, a Notary Public in i bi subrn theitra eSlt asina.itei nn ech to Agency for =ro y al 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 follows

# 41500

3rd Ad .DST PER UNE



## 9-73

- -

ND TOTAL -lb- 

# 1, 31 

# rg

1C 67 4A, 1612.

7 Si n 

# t 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:'~:, 

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# 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~a** tioo 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 '

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# q 

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lular advertising columns of said newspaper, 'nd that the Commonwealth is not charged

ar amount of matter occupying similar space

SIGNATURE OF AF.F1ANTCOMMONWEALTH 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 discrimination
j 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 Quality, Rachel Carson 

# .£

State Office BuildIng, 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 Commonwealth

j 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 testlmon v 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:F1ANTCOMMONWEALTH 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.: .**~** 

# . f'

.

### The~'.~,~}~Id-~**.~** 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 spaceCOMNlIlNWEA1.ntOF PENNs\IUIAN&A STD-S2'1 REV. 1 U8 107

# ~LIC~ ·PUB'LICATIO

. '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 IinInd 

### 25

. Coda**~** ten 121

... 121·fniIaffnI 

### to**~** 

## ------"'---------**~-~~** Caftan,

# ~=,.,... 

# _______________ =-J-..n.: 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

# of**com~8f~~~n~ylv8nia ~IIIT~~**  

# .,27**-~** Before me, 

### the subscriber, 

### a Notar to 'The

### ~ of

...... .... 

### who 

### beirw:a dulv 

### swom'tdoltl.d8IlOs

.... nd Sl

# ~~**~_ thet)eJlA"Vut('L~f\**  

## i lJ1,"'y 1**'~=ru 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 before me t

## ~~~~ \A 

## ,y 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