(1) Natural light.
(i) Each dog shall have exposure to light from natural sources passing through external windows, external sky lights or other external openings.

(ii) The minimum combined total of net glazed area of external windows, external sky lights or area of other external openings through which natural light passes within each room where dogs are housed may not be less than 8% of the floor space. All external windows, external skylights and external openings must be transparent and unobstructed to satisfy this section.

(iii) Dogs shall be protected from excessive light.
(iv) Outdoor exercise areas shall provide an area of shade large enough to protect all the dogs utilizing the exercise area from the direct rays of the sun.

(v) If a kennel is granted a waiver for indoor exercise under section 207(i)(6)(x)(B) of the act (3 P. S. § 459- 207(i)(6)(x)(B)), the primary enclosure must be configuredto allow natural light to come into each primary enclosure.

(vi) If a kennel is granted a waiver for indoor exercise under section 207(i)(6)(x)(B) of the act (3 P. S. § 459- 207(i)(6)(x)(B)), full spectrum lighting shall be provided for the entirety of the daytime cycles in areas that house dogs.

(2)Artificial light.
(i) Artificial, indoor, daytime lighting must provide fullspectrum lighting between 50—80 foot candles at standing shoulder level of the dogs for daytime lighting.

(ii) Night time artificial lighting must be 1—5 foot candles at standing shoulder level of the dogs of lighting.

(iii) Artificial lighting provided must approximately coincide with the natural diurnal cycle.

(iv) Lighting sources may not have a visible flicker.
(v) Light sources, whether their primary purpose is to provide heat or light, shall be provided in a manner that prevents dogs from touching a light, fixture, bulb, switch or cord.

(3)Applicable codes. All lighting must comply with the latest edition of applicable codes.
§ 28a.4. Flooring.

Proper flooring is essential for normal behavior and proper orthopedic development of the dogs. For dogs over 12 weeks of age, the flooring must meet the standards in the act or as set forth as follows:

(1) In addition to the flooring already approved in section 207(i)(3) of the act (3 P. S. § 459-207(i)(3)), solid flooring is approved for use.

(2) Solid flooring must be sloped to a drain that is free of debris and in good repair.

(3) Drain covers shall be provided and shall be securely fixed and made of a noncorrosive substance.

(4) Flooring may not be metal nor any other material with high thermal conductance. This does not exclude the use of radiant heat flooring, or a flooring system to cool, provided that a dog has an area to escape the heat if it gets too warm or too cold.

(5) All floors and drains must comply with the latest edition of applicable codes. (6) The surface of the flooring must provide the dogs with good footing. Examples include sealed concrete, painted concrete, epoxy flooring, sealed wood, textured and sealed tile.

(7) Flooring shall be cleaned in accordance with section 207(h)(14) of the act and may be subject to microbial
assessment.

(8) Flooring may not be made of or coated with materials that are toxic to dogs.

[Pa.B. Doc. No. 09-1682. Filed for public inspection September 11, 2009, 9:00 a.m.]



# ENVIRONMENTAL **QUALITY BOARD**

**[ 25 PA. CODE CHS. 121 AND 129 ] Control of NOx Emissions from Glass Melting**  **Furnaces**

The Department of Environmental Protection (Department) is soliciting comments on changes it recommendsbe made to the glass melting furnaces proposed rulemaking published at 38 Pa.B. 1831 (April 19, 2008).

The draft final-form rulemaking establishes in 25 Pa. Code Chapter 129 (relating to standards for sources)NOx emission control requirements, emission limit standards, and emission limitations for glass melting furnaces and related administrative requirements for glass meltingfurnaces. The draft final-form rulemaking contains definitions of terms in Chapter 121 (relating to general provisions) including ‘‘blown glass,’’ ‘‘container glass,’’ ‘‘fiberglass,’’ ‘‘flat glass,’’ ‘‘furnace rebuild,’’ ‘‘glass meltingfurnace,’’ ‘‘pressed glass,’’ ‘‘pull rate,’’ ‘‘rebricking,’’ ‘‘shutdown’’ and ‘‘start-up.’’ Compliance with the NOx emission limits may be demonstrated on a furnace by furnace basis, facility-wide emissions averaging or by system-wide emissions averaging among glass melting furnaces under common control of the same owner or operator in thisCommonwealth. This draft final-form rulemaking to reduce NOx emissions from glass melting furnaces assuresthat the Commonwealth will continue to experience improved ozone, fine particulate and visibility benefits. NOx is a precursor to ozone and fine particulates, which in turn facilitate the formation of haze. Adoption of NOx emission limits for glass melting furnaces is part of the Commonwealth’s strategy, in concert with other Ozone Transport Region (OTR) jurisdictions, to reduce transport of ozone to attain and maintain the health-based 8-hour ozone National Ambient Air Quality Standard (NAAQS). In addition, the adoption of this measure will improve public health and social well being by reducing emissions of NOx and the subsequent formation of ozone, fine particulates and haze and is reasonably necessary to attain and maintain the health-based ozone and fine particulate NAAQS. To the extent that this regulation ismore stringent than any corresponding Federal requirements, it is reasonably necessary to achieve and maintain the health-based 8-hour ozone and the fine particulate NAAQS. This draft final-form rulemaking, if adopted as afinal-form regulation, will also be submitted to the Environmental Protection Agency (EPA) as a revision to the Pennsylvania State Implementation Plan (SIP). 

### 5318 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 37, SEPTEMBER 12, 2009**A. Summary of the Advance Notice of Final-Form Rulemaking Changes In response to comments received during the official public comment period on the proposed rulemaking for glass melting furnaces (38 Pa.B. 1831) and following the Department’s review of other related information, the Department has prepared a draft final-form rulemaking for public comment. The draft final-form rulemaking contains significant changes in several areas. These changes include:

• The draft final-form rulemaking revises the definition of the term ‘‘glass melting furnace’’ to be consistent with the definition in EPA’s final rule for Hazardous AirPollutants for Area Sources: Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing (72 FR 73180, December 26, 2009).

• The draft final-form rulemaking adds the term ‘‘rebricking’’ in Chapter 121. The rebricking definition is consistent with the EPA’s Standards of Performance for New Sources definition. (65 FR 61759, October 17, 2000). Furnace rebricking is an important distinction from afurnace rebuild in the glass melting industry, and therefore the draft final-form rulemaking adds the ‘‘rebricking’’ definition to address industry’s concerns.

• The proposed rulemaking required compliance by May 1, 2009, for any owner or operator of a glass melting furnace that emits or has the potential to emit NOx at a rate greater than 50 tons per year or 20 pounds per hour. The draft final-form rulemaking requires compliance by January 1, 2011.

• The NOx surrender compliance option, which allowed for the purchase NOx Clean Air Interstate Rule (CAIR) allowances, has been eliminated from the draft final-formrulemaking. The EPA held discussions with the Department subsequent to the closing of the public commentperiod on June 23, 2008, regarding the proposed rulemaking’s option to demonstrate compliance with the emission limits through the purchase of NOx CAIR allowancesunder the Federal CAIR regulation. During these discussions, the EPA indicated to the Department that providing a compliance option to purchase NOx CAIR allowances in the final-form rulemaking would not result in the approval of a revision to the SIP because glass melting furnaces are not specifically included in the EPA CAIR program as a source category.

• The provision requiring compliance with the emission limits during the ozone season from May—September has been deleted. The draft final-form rulemaking requires compliance with the NOx emission limits year-round because NOx is a precursor to both the 8-hour ozone and fine particulate National ambient air quality standards. In addition, it is anticipated that EPA will extend the ozone season in this Commonwealth from March 1 to October 31, each year.

• The draft final-form rulemaking adds a NOx emission limit applicable to a glass melting furnace that producesa glass product that is other than flat, container, fiberglass, pressed or blown. The Department considered commentators who suggested that their furnaces do notproduce a glass product listed in the proposed rulemaking, and therefore an ‘‘other’’ category of glass product was added in the draft final-form rulemaking.

• The draft final-form rulemaking deletes the exemption from the NOx emission limits for a glass melting furnace where the heat is supplied solely by an electric current from electrodes submerged in the molten glass. The Department believes that for furnaces that supply heat from solely electrical electrodes will not emit NOx emissions greater than 50 tons per year or 20 pounds per hour, and therefore the exemption is unnecessary.

• The draft final-form rulemaking adds an exemption from the NOx emission limits for a glass melting furnaceduring idling. The Department concurred with commentators who requested the exemption because during anidling scenario, a glass melting furnace would be producing at less than 25% of the permitted production capacity or fuel use capacity in accordance with the applicable requirements in a Federally-enforceable plan approval or operating permit. When technologically feasible, controls must be operated to minimize emissions during idling.

• The draft final-form rulemaking adds a petition process for an alternative compliance deadline for anyglass melting furnace that demonstrates to the Department’s satisfaction that it is economically or technologically infeasible to meet the January 1, 2011, compliance deadline. The Department considered public comments which suggested that some furnaces cannot meet the emission limits without furnace rebuilds or furnace rebricks, and the furnaces are not anticipated to do rebuilds or rebricks before 2011, so allowing for an alternative compliance deadline is reasonable.

• The draft final-form rulemaking provides a petition process for alternative emission limitations for glass melting furnaces that produce a glass product other than flat, container, fiberglass, pressed or blown glass. The furnaces that produce a glass product other than flat, container, fiberglass or pressed and blown glass were not considered during the glass melting furnaces controlmeasures strategy and planning within the Ozone Transport Commission, so providing them an alternative emission limitation is also reasonable.

• The draft final-form rulemaking adds a longer furnace start-up exemption time for furnaces that install NOx controls that are not in common use or are notreadily available from a commercial supplier. The approach is consistent with other states’ glass melting furnace’s regulations and affords the same flexibility for owners and operators installing NOx controls in the Commonwealth.

• The draft final-form rulemaking provides an owner oroperator of a glass melting furnace the option to demonstrate compliance with the emission limits on a furnaceby-furnace basis, facility-wide averaging basis, or asystem-wide averaging basis among glass melting furnaces under common control of the same owner or operator in this Commonwealth. The draft final-form rulemaking includes a prohibition against demonstrating compliance using emissions averaging if an owner or operator of a glass melting furnace, having been granted approval by the Department, has voluntarily opted into a market-based program. The draft final-form rulemakingstipulates that an emission reduction obtained by emissions averaging to demonstrate compliance with theemission limits will not be considered surplus for emission reduction credit purposes. This prohibition is required to ensure that actual emission reductions due to the implementation of the rulemaking are occurring, andnot being traded in a market-based NOx program promulgated in the future as part of a Federal CAIR replacement rule. (CAIR was remanded to the EPA on December 23, 2008, by the United States Court of Appeals for the District of Columbia Circuit. The final rule which is expected in 2011, must be revised to be consistent with 

### PROPOSED RULEMAKING 5319

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 37, SEPTEMBER 12, 2009**the Court’s July 11, 2008, decision in State of North Carolina v. Environmental Protection Agency, No. 05-1244 (D.C. Cir.).)

• The draft final-form rulemaking requires a demonstration of compliance with the emission limits on a 30-day rolling averaging basis. Use of an arithmetic average of the daily emissions over a contiguous 30-day period to demonstrate compliance with the NOx emission limitations is consistent with the OTC’s model rule andrulemakings adopted or proposed by other OTR jurisdictions.

While there is no legal requirement to provide anopportunity to comment upon the Department’s recommendations for final-form rulemaking, the Department believes further discussion would serve the public interest in this instance.

B. Contact Persons

For further information or to request a copy of the draft final-form rulemaking, contact Jane Mahinske, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17101-8468, (717) 783-8949, jmahinske@ state.pa.us; or Robert 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). The draft final-form rulemaking is available electronically through the Department’s web site (http://www.dep.state.pa.us), (Quick Access Keyword: Public Participation).

Written or electronic comments should be sent to Jane Mahinske at the previous address. Comments must be received by October 14, 2009. A subject heading of the rulemaking and a return name and address must be included in each letter or transmission. Comments will not be accepted by facsimile or voice mail. JOHN HANGER, Secretary

[Pa.B. Doc. No. 09-1683. Filed for public inspection September 11, 2009, 9:00 a.m.] 

### 5320 PROPOSED RULEMAKING

**PENNSYLVANIA BULLETIN, VOL. 39, NO. 37, SEPTEMBER 12, 2009**