Measurement and Reporting of 

Condensable Particulate Matter Emissions 

25 Pa. Code Chapters 121 and 139 

Environmental Quality Board Regulation #7-477 

Independent Regulatory Review Commission #2955

Comment and Response Document 

Bureau of Air Quality 
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Measurement and Reporting of Condensable Particulate Matter Emissions 

The Environmental Quality Board (Board) published notice of the public comment period and 

public hearings for the Measurement and Reporting of Condensable Particulate Matter Emissions 

proposed rulemaking in the Pennsylvania Bulletin on July 7, 2012 (42 Pa.B. 4363). The Board 

held three public hearings on the proposed rulemaking at the following locations: 

August 7, 2012 Department of Environmental Protection 

Southwest Regional Office 

Monongahela Conference Room 

400 Waterfront Drive 

Pittsburgh, PA 15222-4745 

August 9, 2012 Department of Environmental Protection 

Southeast Regional Office 

Schuylkill River Conference Room 

2 East Main Street 

Norristown, PA 19401 

August 10, 2012 Department of Environmental Protection 

Rachel Carson State Office Building 

Conference Room 105 

400 Market Street 

Harrisburg, PA 17105 

The 66-day public comment period for the proposed rulemaking closed on September 10, 2012. 

Testimony received during the public hearings and written comments received during the public 

comment period are summarized in this comment and response document. The Independent 

Regulatory Review Commission (IRRC) reviewed the public comments and also submitted 

comments to the Board. The identity of each commentator making the comment is indicated by 

the assigned numbers in parentheses after each comment. 
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ID Name/Address Submitted 

one page 

Summary 

for 

distribution 

to EQB 

Provided 

Testimony 

 1. John A. Maitland 

Eastern U.S. Environmental, Health, and Safety Manager 

Graymont (PA) Inc. 

194 Match Factory Place 

Bellefonte, PA 16823 

 2. David Gibson 

Plant Manager 

Ontelaunee Power Operating Co., LLC. 

5115 Pottsville Pike 

Reading, PA 19605 



 3. Douglas L. Biden 

President 

Electric Power Generation Association 

800 North Third Street, Ste 303 

Harrisburg, PA 17102 



4. Peter T. Kimmel 

V.P. Operations 

Armstrong Cement and Supply Corp. 

100 Clearfield Road 

Cabot, PA 16023-9521 



5. David Sumner 

Executive Director 

Independent Regulatory Review Commission (IRRC) 

333 Market Street, 14th Floor 

Harrisburg, PA 17101 

 

 
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General Support 

1. Comment: A commentator expresses general support for the proposed rulemaking to clarify 

requirements for measurement and reporting of condensable particulate matter (PM) emissions. 

(4)

Response: The Department of Environmental Protection (Department) appreciates the 

commentator’s expression of support. 

General Opposition, Concerns, and Suggestions 

2. Comment: A commentator recommends deleting the word "primary" from the definition of 

“condensable particulate matter” because it is not used elsewhere in the regulation and could 

cause uncertainty. IRRC recommends either removing the word “primary” from the definition of 

“condensable particulate matter” or explaining why it is clear and necessary to that definition. 

(3, 5) 

Response: The Department agrees with the commentator and IRRC and has removed the word 

“primary” from the definition. The final-form definition reads as follows: 

 Condensable particulate matter—Material that is vapor phase at stack conditions but which 

condenses or reacts, or both, upon cooling and dilution in the ambient air to form solid or liquid 

particulate matter immediately after discharge from the stack. All condensable particulate matter, 

if present from a source, is typically in the PM2.5 size fraction and therefore all of it is a 

component of both PM2.5 and PM-10. 

3. Comment: Three commentators request changes to the first sentence of § 139.12(c), to 

include PM10 and PM2.5 in addition to particulate matter, as follows: 

“Compliance with a particulate matter (PM), PM10, or PM2.5 emission limitation...”; or, 

“Compliance with a particulate matter, PM10, or PM2.5 emission limitation...” 

The commentators explain this would clarify that condensable particulate matter is not included 

in determining compliance with emission limits for PM-10 and PM2.5 that were established prior 

to January 1, 2011, unless required by a plan approval, operating permit, or the State 

Implementation Plan codified in 40 CFR § 52.2020 (relating to identification of plan). The 

commentators assert this would make the regulation more consistent with corresponding Federal 

regulations at 40 CFR § 51.166(b)(49)(i)(d)(vi) (sic) and 40 CFR § 52.21(b)(5O)(i)(d)(vi) (sic), 

and note that some existing particulate matter emission limitations established in regulations, 

Plan Approvals and Permits refer to particulate matter or PM-10 and do not distinguish between 

filterable and condensable PM. IRRC recommends that the EQB either add this clarification or 

explain why it is unnecessary. (2, 3, 4, 5)

Response: The Department agrees with the commentators’ suggestion and has made this 

change. The final-form revision to 25 Pa. Code § 139.12(c) reads as follows: 
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 (c) Compliance with a particulate matter, PM-10 or PM2.5 emission limitation issued 

by the Department prior to January 1, 2011, will not be based on condensable 

particulate matter unless required under the terms and conditions of a plan approval, 

operating permit or the State Implementation Plan codified in 40 CFR 52.2020 

(relating to identification of plan). 

4. Comment: In addition to the requested change described under Comment 3, above, one 

commentator requests that the phrase "or an applicability determination made," be added to 

§ 139.12(c) because the EPA intended for condensable emissions to be considered prospectively 

for both emission limitation compliance demonstrations and major NSR program applicability 

determinations. The Department included the January 1, 2011, date based on the EPA's transition 

period for implementation of the federal NSR program for PM2.5. (See 75 Fed. Reg. 80118, 

80124, December 21, 2010). When implementing the NSR program, the EPA established a 

transition period partly in response to operator concerns about retroactive enforcement, and 

explained that it would not revisit applicability determinations made prior to January 1, 2011, 

unless an Implementation Plan or Permit clearly required otherwise. (See 73 Fed. Reg. 28321, 

28335, May 16, 2008). (4)

Response: The Department disagrees that the additional language is necessary. The final-form 

rulemaking clarifies the filterable and condensable PM testing applicability requirements 

adequately. Limitations regarding review of applicability determinations made before January 1, 

2011, remain as established in the United States Environmental Protection Agency’s (EPA) final 

rule for Implementation of the New Source Review (NSR) Program for Particulate Matter Less 

Than 2.5 Micrometers (PM2.5), 73 FR 28321 (May 16, 2008), and the EPA’s final rule for 

Methods for Measurement of Filterable PM10 and PM2.5 and Measurement of Condensable PM 

Emissions From Stationary Sources, 75 FR 80118 (December 21, 2010).

5. Comment: In addition to the requested changes described under Comments 3 and 4, one 

commentator requests revision of proposed 25 Pa. Code § 139.12(c) to expressly indicate that 

the Department will specify when an emission limitation for PM, PM10, or PM2.5 is based on 

condensable emissions in addition to filterable emissions. The commentator asserts the regulated 

community understands a generic "particulate matter" emission limitation to mean filterable 

only, and that limitations expressed without specific reference to condensable emissions should 

be interpreted as filterable only. The commentator proposes this language: 

Compliance with a particulate matter (PM), PM10, or PM2.5 emission limitation issued by 

the Department or an applicability determination made prior to January 1, 2011, will not 

be based on condensable particulate matter unless expressly required under the terms and 

conditions of a plan approval, operating permit or the State Implementation Plan codified in 

40 CFR 52.2020 (relating to identification of plan). PM, PM10, and PM2.5 emission 

limitations issued by the Department on or after January 1, 2011 shall specifically 

identify whether condensable emissions are to be included. (4) 

Response: 
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The Department has revised final-form 25 Pa. Code § 139.12(c) as explained in the response to 

Comment No. 3. The Department disagrees with adding the commentator’s other requested 

language because the language set forth in final-form 25 Pa. Code § 139.12(c) clearly states that 

compliance with a particulate matter, PM-10 or PM2.5 emission limitation issued by the 

Department prior to January 1, 2011, will not be based on condensable particulate matter unless 

required under the terms and conditions of a plan approval, operating permit or the State 

Implementation Plan codified in 40 CFR 52.2020 (relating to identification of plan). 

Compliance with a particulate matter emission limitation issued by the Department on and after 

January 1, 2011, will include condensable particulate matter as specified in 25 Pa. Code § 

139.12(b) and (d). 

6. Comment: A commentator recommends revising 25 Pa. Code § 139.12(b) to clarify that the 

applicability of the substantive requirements in subsection (b) is limited by subsections (a) and 

(c), by adding the phrase “except as provided in (a) and (c)” at the end of the last sentence in 25 

Pa. Code § 139.12(b). (4) 

Response: The Department disagrees. The requirements of subsection (b) are not limited by 

subsections (a) or (c). The owner and operator of a regulated stationary source are required to 

meet the Federal requirements for particulate matter standards. The changes to the regulatory 

language and exceptions requested by the commentator would result in a regulation that does not 

comply with Federal requirements. 

7. Comment: A commentator recommends removing the first sentence of 25 Pa. Code 

§ 139.12(d), contending that this sentence is redundant with 25 Pa. Code § 139.12(b) and 

inconsistent with 25 Pa. Code § 139.12(c). (4)

Response: The Department disagrees that 25 Pa. Code § 139.12(d) is redundant with 25 Pa. 

Code § 139.12(b). Section 139.12(b) requires that the owner or operator of a unit subject to 

emission limitations for PM-10 and PM2.5 demonstrate compliance for filterable and condensable 

PM10 and PM2.5 emissions. The first sentence in 25 Pa. Code § 139.12(d) requires the 

demonstration of compliance specified in 25 Pa. Code § 139.12(b) to be made by measurement 

and reporting. The second sentence in 25 Pa. Code § 139.12(b) follows by requiring that the 

measurement and reporting methods used are equivalent to the test methods and procedures 

specified in 25 Pa. Code § 139.4(5). The Department disagrees that 25 Pa. Code § 139.12(d) 

conflicts with 25 Pa. Code § 139.12(b). The Department requires that testing include filterable 

and condensable emissions regardless of whether the condensable portion will be used in the 

compliance demonstration. A compliance demonstration under 25 Pa. Code § 139.12(c) shall 

include the measurement and reporting of both filterable and condensable particulate matter, 

regardless of whether the condensable portion is subject to compliance demonstration under 

subsection (c).

8. Comment: A commentator requests that the Board adopt EPA Conditional Test Method 039 

as an equivalent alternative to EPA Test Methods 201A and 202. IRRC asks whether EPA 

Conditional Test Method 039 is equivalent to the methods specified in the Source Testing 

Manual. (1, 5) 
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Response: The Department disagrees with the suggestion of including a Federal Conditional 

Test Method (CTM) in the final-form rulemaking. A CTM is an analytical method conditionally 

approved by the EPA to be applicable to measurement of a pollutant for a specific category of 

stationary sources. A CTM is potentially subject to change based on EPA review of additional 

information when the CTM undergoes the Federal rulemaking process to be adopted as a Federal 

Reference Test Method (RTM). The Department will therefore not include a CTM in the finalform rulemaking that may change upon adoption as a Federal RTM, may not be approved by 

EPA for certain source categories, or may never be adopted as a final RTM. The owner or 

operator of an affected source may request the Department’s approval to use CTM 039 as an 

alternative to Method 201A or 202 on a case-by-case basis in accordance with 25 Pa. Code 

§ 139.12(d), and by 25 Pa. Code § 139.12(d)’s reference to 25 Pa. Code § 139.4(5) (relating to 

references), with the Department’s Source Testing Manual (Revision 3.3) and Technical 

Guidance Document (TGD) Number 274-0300-002. Condensable particulate matter is defined 

in § 1.3.1.3 (relating to definitions) of the Source Testing Manual as “The sum of the 

condensable organic particulate and the condensable inorganic particulate as determined by EPA 

Method 202 or an equivalent method.” 

9. Comment: One commentator recommended that the Board confirm that this rulemaking 

action will not affect the annual inventory required by 25 Pa. Code § 135.3. The commentator 

asserts that operators are not currently required to include condensable emissions in the emission 

inventory. (4) 

Response: The Department agrees that this final-form rulemaking does not affect annual 

emission statement reporting requirements under 25 Pa. Code § 135.21 (relating to emission 

statements) or annual emission inventory reporting requirements under § 135.3 (relating to 

reporting). Owners and operators of air contamination sources subject to those reporting 

requirements are presently required to report emissions of PM-10 and PM2.5 in accordance with 

the Department’s Instructions for Completing the Annual Emission Statement Reporting Forms. 

However, the Department disagrees with the commentator’s assertion that operators are not 

currently required to include condensable emissions in the emission inventory. It is also 

important to note that under existing regulations the owners and operators of Title V facilities 

must also pay emission fees for condensable emissions in accordance with 25 Pa. Code § 

127.705 (relating to emission fees). As discussed in the response to Comment # 2, condensable 

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

10. Comment: A commentator recommended that the Board clarify and address whether 

condensable emissions will be considered a regulated pollutant for purposes of calculating the 

Title V annual emission fees required by 25 Pa. Code § 127.705 (relating to emission fees). 

IRRC will review the EQB's response to this comment as part of its determination of whether the 

final-form regulation is in the public interest. (4, 5) 

Response: Condensable particulate matter emissions are already regulated pollutants and 

required to be included in the accounting of a facility’s emissions of particulate matter and 

reported for the purposes of calculating the Title V annual emission fees required by 25 Pa. Code

§ 127.705. Title V emission fees are already being paid to the Department. This final-form 

rulemaking does not add a separate fee for condensable particulate matter emissions or increase 

the Title V annual emission fee for regulated pollutants required by 25 Pa. Code § 127.705. 
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11. Comment: IRRC commented that 25 Pa. Code § 139.12(d) is not clear regarding who 

makes the determination that a test method or procedure is equivalent to those specified in the 

Source Testing Manual. IRRC recommended that the subsection be revised to clarify who makes 

the determination. (5) 

Response: To address IRRC’s concern, 25 Pa. Code § 139.12(d) has been revised in the finalform regulation to expressly state that the Department’s prior written approval is required for the 

use of a different test method or procedure as an alternative to a method or procedure prescribed 

in the Source Test Manual. 

 

12. Comment: IRRC requests EQB to consider cross referencing 25 Pa. Code § 139.5 (relating 

to revisions to the source testing manual and continuous source monitoring manual) to clarify 

how the Department revises the Source Testing Manual. (5) 

Response: The Department considered IRRC’s request to cross-reference 25 Pa. Code § 139.5 

in 25 Pa. Code § 139.12(d) to clarify how the Source Testing Manual is revised. To this end, 

§ 139.12(e) has been added in the final-form regulation to cross reference 25 Pa. Code § 139.5 as 

follows: The Source Testing Manual referenced in § 139.4(5) is subject to revision in accordance 

with the procedures described in § 139.5 (relating to revisions to the source testing manual and 

continuous monitoring manual).