## Measurement and Reporting of

Condensable Particulate Matter Emissions

25 Pa. Code Chapters 121 and 139

Environmental Quality Board Regulation #7-477

Independent Regulator y Review Commission #2955



## Comment and Response Document

Bureau of Air Quality2 of 8 Measurement and Reporting of Condens able Particulate Matter Emissions

The Environmental Quality Board (Board) publis hed notice of the public comment period and public hearings for the Measurement and Reporti ng 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 prop osed 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 commen t and response document. The Independent Regulatory Review Commission (I RRC) 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.3 of 8 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, 14 th Floor Harrisburg, PA 171014 of 8 General Support

1. Comment: A commentator expresses general suppor t for the proposed rulemaking to clarify requirements for measurement and reporting of c ondensable particulate matter (PM) emissions. (4 )

Response: The Department of Environmental Pr otection (Department) appreciates the commentator’s expression of support.

General Opposition, Concerns, and Suggestions

2. Comment: A commentator recommends deleting the wo rd "primary" from the definition of “condensable particulate matter” because it is not used elsewh ere in the regulation and could cause uncertainty. IRRC recommends either rem oving 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 ambien t air to form solid or liquid particulate matter immediately af ter discharge from the stack. All condensable particulate matter, if present from a source, is typically in the PM 2.5 size fraction and theref ore all of it is a component of both PM 2.5 and PM-10.

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

include PM10 and PM 2.5 in addition to particulate matter, as follows:

“Compliance with a particulate matter (PM), PM10, or PM 2.5 emission limitation...”; or, “Compliance with a particulate matter, PM10, or PM 2.5 emission limitation...”

The commentators explain this would clarify that condensable particulat e matter is not included in determining compliance with emission limits for PM-10 and PM 2.5 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 em ission 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 th at 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:5 of 8 (c) Compliance with a particulate matter, PM-10 or PM 2.5 emission limitation issued by the Department prior to January 1, 2011, will not be based on condensable particulate matter unless requi red under the terms and cond itions of a plan approval, operating permit or the State Implemen tation Plan codified in 40 CFR 52.2020 (relating to identification of plan).

4 . Comment: In addition to the requested chan ge described under Comment 3, above, one commentator requests that the phrase "or an appl icability determination made," be added to § 139.12(c) because the EPA intended for condensable emissions to be considered prospectively for both emission limitation compliance demonstr ations and major NSR program applicability determinations. The Department included the Ja nuary 1, 2011, date based on the EPA's transition period for implementation of the federal NSR program for PM 2.5

. (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 revi sit applicability determinations made prior to January 1, 2011, unless an Implementation Plan or Permit clear ly required otherwise. (See 73 Fed. Reg. 28321, 28335, May 16, 2008). (4)

Response: The Department disagrees that the addi tional language is necessary. The final-form rulemaking clarifies the filterable and condensab le PM testing applicability requirements adequately. Limitations regardi ng review of applicability determ inations 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 (N SR) Program for Particulate Matter Less Than 2.5 Micrometers (PM 2.5 ) , 73 FR 28321 (May 16, 2008), and the EPA’s final rule for Methods for Measurement of Filterable PM 10 and PM 2.5 and Measurement of Condensable PM Emissions From Stationary Sources , 75 FR 80118 (December 21, 2010).

5. Comment : In addition to the requested change s 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 PM 2.5 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 sp ecific reference to condensable emissions should be interpreted as filtera ble only. The commentator proposes this language:

Compliance with a particulate matter (PM), PM10, or PM 2.5 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 id entification of plan). PM, PM10, and PM 2.5 emission limitations issued by the Department on or after January 1, 2011 shall specifically identify whether condensable emissions are to be included. (4)

Response:6 of 8 The Department has revised final-form 25 Pa. C ode § 139.12(c) as explained in the response to Comment No. 3. The Department disagrees wi th 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 particul ate matter, PM-10 or PM 2.5 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 pl an 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 li mitation 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 th e 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 ow ner and operator of a regulated stationary source are required to meet the Federal requirements for particulate matte r standards. The changes to the regulatory language and exceptions requested by the commentat or 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 th e owner or operator of a unit subject to

emission limitations for PM-10 and PM 2.5 demonstrate compliance for filterable and condensable

PM10 and PM 2.5 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 equi valent 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 whethe r 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 repo rting of both filterable and condensable particulate matter, regardless of whether the conde nsable portion is subject to compliance demonstration under subsection (c).

8. Comment: A commentator requests that the Bo ard 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)7 of 8 Response: The Department disagrees with the s uggestion 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 measur ement of a pollutant for a specific category of stationary sources. A CTM is potentially subjec t to change based on EPA review of additional information when the CTM undergoes the Federal ru lemaking 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 neve r be adopted as a final RTM. The owner or operator of an affected source may request th e 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 th e Board confirm that this rulemaking

action will not affect the a nnual inventory required by 25 Pa. Code § 135.3. The commentator asserts that operators are not cu rrently required to include conde nsable emissions in the emission inventory. (4)

Response: The Department agrees that this fina l-form rulemaking does not affect annual emission statement reporting requirements under 25 Pa. Code § 135.21 (relating to emission statements) or annual emission inventory re porting requirements under § 135.3 (relating to reporting). Owners and operators of air cont amination sources subj ect to those reporting requirements are presently required to report emissions of PM-10 and PM 2.5 in accordance with the Department’s Instructions for Completing the Annual Emission Statement Reporting Forms

. However, the Department disagrees with the co mmentator’s assertion th at operators are not currently required to include condensable emi ssions in the emission i nventory. It is also important to note that under existing regulations the owners and operators of Title V facilities must also pay emission fees for conden sable emissions in accordance with 25 Pa. Code § 127.705 (relating to emission fees). As discusse d in the response to Comment # 2, condensable particulate emissions are a component of PM 2.5 and PM-10.

10. Comment: A commentator recommended that the Board clarify and address whether condensable emissions will be considered a regu lated 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 emissi ons are already regu lated 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 condens able particulate matter emissions or increase

the Title V annual emission fee for regulated pollutants required by 25 Pa. Code § 127.705.8 of 8 11. Comment: IRRC commented that 25 Pa. Code § 139.12(d) is not clear regarding who makes the determination that a test method or pro cedure is equivalent to those specified in the Source Testing Manual . IRRC recommended that the subsecti on 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 Depart ment’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 I RRC’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).