ENVIRONMENTAL

QUALITY BOARD

[ 25 PA. CODE CHS. 121 AND 129 ]

Control of NOx Emissions from Glass Melting

Furnaces

The Environmental Quality Board (Board) proposes to

amend Chapters 121 and 129 (relating to general provisions; and standards for sources) as set forth in Annex A.

This proposal will control nitrogen oxides (NOx) emissions from glass melting furnaces.

This notice is given under Board order at its meeting of

February 19, 2008.

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 United

States Environmental Protection Agency (EPA) as a revision to the Pennsylvania State Implementation Plan upon

final-form rulemaking.

B. Contact Persons

For further information, contact Jane Mahinske, Air

Quality Program Specialist, Division of Air Resource

Management, Bureau of Air Quality, 12th Floor, Rachel

Carson State Office Building, P. O. Box 8468, Harrisburg,

PA 17105-8468, (717) 783-8949 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.

Information regarding submitting comments on this

proposal appears in Section J of this preamble. Persons

with a disability may use the 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 (www.depweb.state.pa.us).

C. Statutory Authority

This action is being taken under the authority of

section 5(a)(1) of the Air Pollution Control Act (35 P. S.

§ 4005(a)(1)), which grants to the Board the authority to

adopt regulations for the prevention, control, reduction

and abatement of air pollution.

D. Background and Summary

When ground-level ozone is present in concentrations in

excess of the Federal health-based standards, public

health is adversely affected. The EPA has concluded that

there is an association between ambient ozone concentrations and increased hospital admissions for respiratory

ailments, such as asthma. Further, although children, the

elderly and those with respiratory problems are most at

risk, even healthy individuals may experience increased

respiratory ailments and other symptoms when they are

exposed to ambient ozone while engaged in activity that

involves physical exertion. Though these symptoms are

often temporary, repeated exposure could result in permanent lung damage. The implementation of additional

measures to address ozone air quality nonattainment in

this Commonwealth is necessary to protect the public

health.

The purpose of this proposed rulemaking is to reduce

emissions of NOx from glass melting furnaces to reduce

levels of ground-level ozone. Ground-level ozone is not

directly emitted by pollution sources, but is created as a

result of the chemical reaction of NOx and volatile

organic compounds in the presence of light and heat. The

reduction of NOx emissions will also help protect the

public health from high levels of fine particulates, of

which NOx is a precursor component. Fine particulates,

as well as ozone, are health hazards. The reduction of

NOx emissions also reduces visibility impairment and

acid deposition. This proposed rulemaking is reasonably

necessary to achieve and maintain the ozone and PM2.5

National Ambient Air Quality Standards.

The glass industry in this Commonwealth produces a

variety of products, including flat glass, container glass,

and pressed and blown glass. In 2002, flat glass production accounted for approximately 7,450 tons of NOx

emissions; container glass production accounted for approximately 1,800 tons of NOx emissions; fiberglass production accounted for approximately 150 tons of NOx

emissions; and pressed and blown glass, including picture

tube glass, accounted for approximately 2,500 tons of

NOx emissions. Total glass melting furnace NOx emissions in 2002 were approximately 11,900 tons. Since 2002

a number of furnaces/facilities have discontinued operation or made process changes and total NOx emissions

during 2004 were approximately 9,230 tons. As a result,

the glass industry in this Commonwealth remains the

largest unregulated source for NOx emissions in this

Commonwealth.

The Commonwealth, along with the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York, Rhode Island, Vermont and Virginia, and the District of Colombia, are

members of the Ozone Transport Commission (OTC),

which was created under section 184 of the Federal Clean

Air Act (42 U.S.C. § 7511c), to develop and implement

regional solutions to the ground-level ozone problem in

the Northeast and Mid-Atlantic regions. To date, States

from the OTC, including the Commonwealth, have established a number of regulatory programs to reduce ozone

precursor emissions, including programs related to portable fuel containers, architectural and industrial maintenance coatings and consumer products. Consistent with

its strategy to achieve equitable ozone precursor emission

reductions from all industrial sectors, the Commonwealth,

along with other OTC States, has met with representatives of the glass industry to discuss reductions of NOx

emissions from glass melting furnaces. There is general

agreement that the NOx emission regulatory limits for

the glass industry developed by the San Joaquin Valley

Unified Air Quality Management District in California

are appropriate NOx emission limits for glass melting

operations located in this Commonwealth and the other

OTC States. The San Joaquin Valley regulation was first

adopted in 1994 and subsequently amended in 1998, 2002

and 2006. Consequently, the San Joaquin Valley regulation was used as a model when developing this proposal,

but was fashioned to be a Pennsylvania-specific regulation.

Although NOx emission reduction technologies such as

selective catalytic reduction and selective noncatalytic

reduction can be adapted to control NOx emissions from

glass melting furnaces, this Commonwealth’s glass industry prefers to avoid expenditure for controls and to defer

significant emission reductions until the time of glass

furnace rebuilds. Furnace rebuilds occur every 10 years

or so when repair and maintenance costs for furnace

refractory and other furnace components become excessive or maintenance is no longer feasible. Information

available from the glass industry indicates that, for many

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of the furnaces in this Commonwealth, these furnace

rebuilds will not occur until after 2009, the 8-hour ozone

attainment deadline for this Commonwealth’s ozone

nonattainment areas. Consequently, the proposed regulatory provisions would allow the glass industry a number

of options for demonstrating compliance with NOx emission limitations. The compliance options include allowing

the purchase of Clean Air Interstate Rule (CAIR) NOx

Ozone Season allowances to account for emissions in

excess of the proposed limits, as a near term compliance

option.

The Department worked with the Air Quality Technical

Advisory Committee (AQTAC) in the development of

these proposed regulations. At its July 26, 2007, meeting,

the AQTAC concurred with the Department’s recommendation to advance the proposal to the Board for consideration as proposed rulemaking with publication for a

minimum 60-day public comment period.

The Department also conferred with the Citizens Advisory Council (CAC) concerning the proposed rulemaking

on July 17, 2007. The CAC concurred with the Department’s recommendation to advance the proposal to the

Board for consideration as proposed rulemaking. However, the CAC raised concerns over allowing system-wide

averaging as a means of compliance demonstration and

specifically seeks public comment on this issue.

As part of this proposed rulemaking, the Board under

§ 129.309 (relating to compliance demonstration) proposes that the owner or operator of a glass melting

furnace may demonstrate compliance with the requirements of § 129.304 (relating to emission requirements) as

follows-for the 2009 ozone season surrendering 0.25 CAIR

NOx Ozone Season allowance for each ton of NOx emissions that exceeds the allowable emissions of the applicable glass melting furnaces; for the 2010 ozone season

surrendering 0.50 CAIR NOx Ozone Season allowance for

each ton of NOx emissions that exceeds the allowable

emissions of the applicable glass melting furnaces; for the

2011 ozone season surrendering 0.75 CAIR NOx Ozone

Season allowance for each ton of NOx emissions that

exceeds the allowable emissions of the applicable glass

melting furnaces; and for the 2012 ozone season and

beyond surrendering one CAIR NOx Ozone Season allowance for each ton of NOx emissions that exceeds the

allowable emissions of the applicable glass melting furnaces. However, specific comments are requested during

the public participation process on the following alternative allowance surrender compliance demonstration: for

the 2009 and 2010 ozone seasons, 0.25 CAIR NOx Ozone

Season allowance for each ton of NOx emissions that

exceeds the allowable emissions of the applicable glass

melting furnaces would be surrendered; for the 2011

ozone season, 0.50 CAIR NOx Ozone Season allowance for

each ton of NOx emissions that exceeds the allowable

emissions of the applicable glass melting furnaces would

be surrendered; and for the 2012 ozone season and

beyond, one CAIR NOx Ozone Season allowance for each

ton of NOx emissions that exceeds the allowable emissions of the applicable glass melting furnaces would be

surrendered.

E. Summary of Regulatory Revisions

The proposed amendments add the following new definitions and terms to § 121.1 (relating to definitions) used

in the substantive provisions under §§ 129.301—129.310

(relating to control of NOx emissions from glass melting

furnaces): ‘‘100% air-fuel fired,’’ ‘‘air-fuel firing,’’ ‘‘blown

glass,’’ ‘‘complete reconstruction,’’ ‘‘container glass,’’ ‘‘fiberglass,’’ ‘‘flat glass,’’ ‘‘furnace battery,’’ ‘‘furnace rebuild,’’

‘‘glass melting furnace,’’ ‘‘idling,’’ ‘‘multiple furnaces,’’

‘‘oxyfuel fired,’’ ‘‘oxygen-assisted combustion,’’ ‘‘permitted

production capacity,’’ ‘‘pressed glass,’’ ‘‘primary furnace

combustion system,’’ ‘‘pull rate,’’ ‘‘shutdown,’’ ‘‘start-up’’

and ‘‘vintage or vintage year.’’

Proposed § 129.301 (relating to purpose) limits the

emissions of NOx from glass melting furnaces.

Proposed § 129.302 (relating to applicability) specifies

that beginning May 1, 2009, the regulation applies to an

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.

Proposed § 129.303 (relating to exemptions) provides,

among other things, that the emission requirements in

§ 129.304 do not apply during periods of start-up or

shutdown as defined in § 121.1, if the owner or operator

complies with the requirements of §§ 129.305 and

129.306 (relating to start-up requirements; and shutdown

requirements). Additionally, the owner or operator of a

glass melting furnace granted an exemption under

§ 129.303 shall maintain operating records or documentation, or both, necessary to support the claim for the

exemption.

Proposed § 129.304 provides that the owner or operator

of a glass melting furnace shall determine allowable NOx

emissions during the interval from May 1 through September 30, 2009, and each year thereafter, by multiplying

the tons of glass pulled by each furnace by: 4.0 pounds of

NOx per ton of glass pulled for container glass furnaces;

7.0 pounds of NOx per ton of glass pulled for pressed or

blown glass furnaces; 4.0 pounds of NOx per ton of glass

pulled for fiberglass furnaces; and 7.0 pounds of NOx per

ton of glass pulled for flat glass furnaces.

Proposed § 129.305 provides that the owner or operator

supply specific information requested by the Department

to assure proper operation of the furnace. The owner or

operator of a glass melting furnace may submit a request

for a start-up exemption in conjunction with the plan

approval application for the construction of a new furnace

or furnace rebuild. The Department may approve start-up

exemptions to the extent that the request identifies,

among other things, the control technologies or strategies

to be used. Additionally, the owner or operator shall place

the emission control system in operation as soon as

technologically feasible during start-up to minimize emissions.

Proposed § 129.306 provides, among other things, that

the duration of a glass melting furnace shutdown, as

measured from the time the furnace operations drop

below 25% of the permitted production capacity or fuel

use capacity to when all emissions from the furnace

cease, may not exceed 20 days.

Proposed § 129.307 (relating to idling requirements)

provides, among other things, that the owner or operator

of a glass melting furnace shall operate the emission

control system whenever technologically feasible during

idling to minimize emissions.

Proposed § 129.308 (relating to compliance determination) provides, among other things, that by May 1, 2009,

the owner or operator of a glass melting furnace subject

to this section and §§ 129.301—129.307, 129.309 and

129.310 shall install, operate and maintain continuous

emissions monitoring systems (CEMS), (as defined in

§ 121.1) for NOx and other monitoring systems to convert

data to required reporting units in compliance with

Chapter 139, Subchapter C (relating to requirements for

source monitoring for stationary sources), and calculate

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actual emissions using the CEMS data reported to the

Department. However, the owner or operator of a glass

melting furnace may elect to install and operate an

alternate NOx emissions monitoring system or method

approved, in writing, by the Department.

Proposed § 129.309 (relating to compliance demonstration) requires that by October 31, 2009, and each year

thereafter, the owner or operator of a glass melting

furnace shall calculate and report to the Department the

difference between the actual emissions from the glass

melting furnace during the interval from May 1 through

September 30 and the allowable emissions for that period.

Compliance with § 129.304 shall be demonstrated by

averaging the NOx emissions during the interval from

May 1 through September 30. Compliance can be demonstrated on a furnace-by-furnace basis; facility-wide emissions averaging basis; or a system-wide emissions averaging basis among glass melting furnaces under common

control of the same owner or operator in this Commonwealth. The AQTAC requested that the Board solicit

comments ‘‘on allowing averaging between owners/

operators’’ of different glass melting furnace facilities in

this Commonwealth.

The owner or operator of a glass melting furnace may

demonstrate compliance with the requirements of

§ 129.304 for the period from May 1 through September

30, 2009, by surrendering to the Department 0.25 CAIR

NOx Ozone Season allowance for each ton of NOx emissions by which the combined actual emissions exceed the

allowable emissions of the glass melting furnaces subject

to this section. For the period from May 1 through

September 30, 2010, the owner or operator may demonstrate compliance by surrendering 0.50 CAIR NOx Ozone

Season allowance for each ton of NOx emissions by which

the combined actual emissions exceed the allowable emissions of the glass melting furnaces subject to this section.

For the period from May 1 through September 30, 2011,

the owner or operator may demonstrate compliance by

surrendering 0.75 CAIR NOx Ozone Season allowance for

each ton of NOx emissions by which the combined actual

emissions exceed the allowable emissions of the glass

melting furnaces subject to this section. Lastly, for the

period from May 1 through September 30, 2012, and each

ozone season thereafter, the owner or operator may

demonstrate compliance by surrendering one CAIR NOx

Ozone Season allowance for each ton of NOx emissions by

which the combined actual emissions exceed the allowable

emissions of the glass melting furnaces subject to this

section.

Proposed § 129.310 (relating to recordkeeping) provides

that the owner or operator of a glass melting furnace

subject to the requirements of this section and

§§ 129.301—129.309 shall maintain certain records to

demonstrate compliance.

F. Benefits, Costs and Compliance

Benefits

Overall, the citizens of this Commonwealth will benefit

from these proposed regulations because the regulations

will result in improved air quality by reducing ozone

precursor emissions and will encourage new technologies

and practices, which will reduce emissions of NOx.

Compliance Costs

The proposed rulemaking will impact approximately 16

glass melting facilities in this Commonwealth. There will

be compliance costs related to the installation and operation of add-on control technology and NOx emissions

monitoring equipment such as CEMS, if an owner or

operator elects to install the controls and CEMS. However, the owners and operators of these facilities will be

able to apply for an alternate monitoring system or

method, which would significantly reduce their monitoring cost under this proposal.

The proposed rulemaking provides compliance alternatives including emissions averaging and use of CAIR NOx

Ozone Season allowances as near term compliance options. This regulatory flexibility will allow an owner or

operator of an affected glass melting furnace to select the

least-expensive compliance alternative, including emissions averaging or the use of CAIR NOx Ozone Season

allowances, to demonstrate compliance with the NOx

emission limits until the next scheduled furnace rebuild.

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

Regional Compliance Assistance Program.

Paperwork Requirements

The proposed regulations will not significantly increase

the paperwork that is already generated during the

normal course of business operations.

G. Pollution Prevention

The Federal Pollution Prevention Act of 1990 established a National policy that promotes pollution prevention as the preferred means for achieving State environmental protection goals. The Department encourages

pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of

environmentally friendly materials, more efficient use of

raw materials and the incorporation of energy efficiency

strategies. Pollution prevention practices can provide

greater environmental protection with greater efficiency

because they can result in significant cost savings to

facilities that permanently achieve or move beyond compliance. This proposed rulemaking will provide the owners and operators of all glass melting furnaces the

opportunity to improve the energy efficiency at their

operations, which will result in lower NOx emissions.

H. Sunset Review

This proposed rulemaking 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 April 7, 2008, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the

Chairpersons of the House and Senate Environmental

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

copy of a detailed Regulatory Analysis Form prepared by

the Department. A copy of this material is available to

the public upon request.

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

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

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

review criteria that have not been met. The Regulatory

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Review Act specifies detailed procedures for review of

these issues by the Department, the General Assembly

and the Governor prior to final-form publication of the

regulations.

J. Public Comments

Written Comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed regulations 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 June 23, 2008. 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 June 23, 2008. 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 June 23, 2008.

A subject heading of the proposal and a return name and

address must be included in each transmission.

K. Public Hearings

The Board will hold three public hearings for the

purpose of accepting comments on this proposal. The

hearings will be held as follows:

May 19, 2008

2 p.m.

Department of Environmental Protection

Rachel Carson State Office Building

Room 105

400 Market Street

Harrisburg, PA 17105

May 21, 2008

2 p.m.

Department of Environmental Protection

Northeast Regional Office

Susquehanna Room—A, Second Floor

2 Public Square

Wilkes-Barre, PA 18711-1790

May 23, 2008

2 p.m.

Department of Environmental Protection

Southwest Regional Office

Waterfront A and B Conference Room

400 Waterfront Drive

Pittsburgh, PA 15222

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) to discuss how the Department may accommodate

their needs.

KATHLEEN A. MCGINTY,

Chairperson

Fiscal Note: 7-420. No fiscal impact; (8) recommends

adoption.

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:

*****

100% Air-fuel fired—Operation of a glass melting

furnace where the oxidant is exclusively ambient

air.

*****

Air-fuel firing—Operation of a glass melting furnace where greater than 50% of the oxidant for the

fuel comes from ambient air.

*****

Blown glass—Glassware shaped by blowing air

into a molten glass gather.

*****

Complete reconstruction—For purposes of

§§ 129.301—129.310 (relating to control of NOx emissions from glass melting furnaces), the replacement

of components of an existing glass melting furnace

to the extent that the fixed capital cost of the new

components exceeds 50% of the fixed capital cost

that would be required to construct a comparable

entirely new glass melting furnace.

*****

Container glass—Glass manufactured by pressing,

blowing in molds, drawing, rolling or casting which

is used as a container.

*****

Fiberglass—Material consisting of fine filaments

of glass that are combined into yarn and woven or

spun into fabrics, or that are used as reinforcement

in other materials or in masses as thermal or as

acoustical insulating products for the construction

industry.

*****

Flat glass—Glass produced by the float, sheet,

rolled or plate glass process which is used in

windows, windshields, tabletops or similar products.

*****

Furnace battery—Two or more glass melting furnaces at a single facility that exhaust to a common

stack.

Furnace rebuild—A complete reconstruction

which is commenced after the end of a furnace

campaign period or expected life cycle of a furnace.

For the purpose of the compliance deadline in

§ 129.304 (relating to emission requirements), the

effective date of a furnace rebuild is the date of the

start of the furnace shutdown.

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*****

Glass melting furnace—A unit comprising a refractory vessel in which raw materials are charged,

melted at high temperature, refined and conditioned to produce molten glass. The unit includes

foundations, superstructure and retaining walls,

raw material charger systems, heat exchangers,

melter cooling system, exhaust system, refractory

brick work, fuel supply and electrical boosting

equipment, integral control systems and instrumentation and appendages for conditioning and distributing molten glass to forming apparatuses. As specified in 40 CFR 60.291 (relating to definitions), the

forming apparatuses, including the float bath used

in flat glass manufacturing and flow channels in

wool fiberglass and textile fiberglass manufacturing, are not considered part of the glass melting

furnace.

*****

Idling—For purposes of §§ 129.301—129.310, the

operation of a glass melting furnace at less than

25% of the permitted production capacity or fuel

use capacity as stated in the plan approval or

operating permit.

*****

Multiple furnaces—Two or more glass melting

furnaces at a single facility that do not exhaust to a

common stack.

*****

Oxyfuel fired—Operation of a glass melting furnace where greater than 50% of the oxidant for the

fuel is provided from enriched oxygen streams.

*****

Oxygen-assisted combustion—Operation of a glass

melting furnace where the oxygen content in the

oxidant is greater than the oxygen content in ambient air or greater than 20.9% oxygen.

*****

Permitted production capacity—The maximum

pull rate as stated in the plan approval, operating

permit or Title V permit.

*****

Pressed glass—Glassware formed by placing a

blob of molten glass in a metal mold, then pressing

it with a metal plunger or ‘‘follower’’ to form the

inside shape. The resultant piece, termed ‘‘moldpressed,’’ has an interior form independent of the

exterior, in contrast to mold-blown glass, whose

interior corresponds to the outer form.

*****

Primary furnace combustion system—The burners

in a glass melting furnace that are used during

production of glass.

*****

Pull rate—The amount of glass withdrawn from a

glass melting furnace, expressed in short tons per

day.

*****

Shutdown—For purposes of § 129.303 (relating to

exemptions), the period of time during which a

glass melting furnace is purposely allowed to cool

from operating temperature and molten glass is

removed from the tank for the purpose of a furnace

rebuild.

*****

Start-up—For purposes of § 129.303, the period of

time, after initial construction or a furnace rebuild,

during which a glass melting furnace is heated to

stable operating temperature by the primary furnace combustion system.

*****

(Editor’s Note: The following text is new and is

printed in regular type to enhance readability.)

CONTROL OF NOx EMISSIONS FROM GLASS

MELTING FURNACES

§ 129.301. Purpose.

The purpose of this section and §§ 129.302—129.310 is

to limit emissions of NOx from glass melting furnaces.

§ 129.302. Applicability.

This section, § 129.301 (relating to purpose) and

§§ 129.303—129.310 apply to an 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. Beginning May 1, 2009, and for each

year thereafter, an owner or operator of a glass melting

furnace shall comply with this section, §§ 129.301 and

129.303—129.310.

§ 129.303. Exemptions.

(a) This section, §§ 129.301 and 129.302 (relating to

purpose; and applicability) and 129.304—129.310 do not

apply to glass melting furnaces where the heat is supplied solely by an electric current from electrodes submerged in the molten glass, except that heat may be

supplied by other fuels for start-up when the furnace

contains no molten glass.

(b) The emission requirements in § 129.304 (relating to

emission requirements) do not apply during periods of

start-up or shutdown as defined in § 121.1 (relating to

definitions), if the owner or operator complies with the

requirements of §§ 129.305 and 129.306 (relating to

start-up requirements; and shutdown requirements).

(c) The owner or operator of a glass melting furnace

claiming an exemption under subsection (b) shall notify

the Department in writing at least 24 hours prior to

initiating shutdown or start-up. The methods for submitting the written notice may include e-mail, hand or

courier delivery, mail or facsimile transmissions to the

appropriate regional office described in § 121.4 (relating

to regional organization of the Department). The notification must include:

(1) The date and time of the start of the exempt

operation.

(2) The reason for performing the operation and an

estimated completion date.

(d) The owner or operator of a glass melting furnace

granted an exemption under this section shall maintain

operating records or documentation, or both, necessary to

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support the claim for the exemption. The records shall be

maintained for 5 years onsite and made available or

submitted to the Department upon request.

(e) The owner or operator of a glass melting furnace

shall notify the Department in writing within 24 hours

after completion of the operation for which the exemption

is claimed.

§ 129.304. Emission requirements.

(a) During the interval from May 1 through September

30, 2009, and each year thereafter, except as specified in

§§ 129.303, 129.305 and 129.306 (relating to exemptions;

start-up requirements; and shutdown requirements), the

owner or operator of a glass melting furnace may not

operate the glass melting furnace in a manner that

results in NOx emissions in excess of the allowable limits

specified in subsection (b).

(b) The owner or operator of a glass melting furnace

shall determine allowable NOx emissions during the

interval from May 1 through September 30, 2009, and

each year thereafter, by multiplying the tons of glass

pulled by each furnace by:

(1) 4.0 pounds of NOx per ton of glass pulled for

container glass furnaces.

(2) 7.0 pounds of NOx per ton of glass pulled for

pressed or blown glass furnaces.

(3) 4.0 pounds of NOx per ton of glass pulled for

fiberglass furnaces.

(4) 7.0 pounds of NOx per ton of glass pulled for flat

glass furnaces.

§ 129.305. Start-up requirements.

(a) The plan approval issued for the construction of a

new glass melting furnace or furnace rebuild must include terms and conditions consistent with the requirements of § 127.12b (relating to plan approval terms and

conditions). At least no later than 30 days prior to the

anticipated date of start-up, the owner or operator of the

glass melting furnace shall submit, in writing, to the

Department, information requested by the Department to

assure proper operation of the furnace. The information

must include the following:

(1) A detailed list of activities to be performed during

start-up and an explanation for the length of time needed

to complete each activity.

(2) A description of the material process flow rates and

system operating parameters and other information that

the owner or operator plans to evaluate during the

process optimization.

(b) The owner or operator of a glass melting furnace

may submit a request for a start-up exemption in conjunction with the plan approval application for the construction of a new furnace or furnace rebuild. The actual

length of the start-up exemption, if any, will be determined by the Department at the time of the issuance of

the plan approval for the furnace rebuild.

(c) The length of the start-up exemption following

activation of the primary furnace combustion system may

not exceed:

(1) One hundred and four days for a flat glass furnace.

(2) Seventy days for a container glass, pressed or blown

glass furnace.

(3) Forty days for a fiberglass furnace.

(d) The Department may approve start-up exemptions

to the extent that the submittal clearly:

(1) Identifies the control technologies or strategies to

be used.

(2) Describes the physical conditions that prevail during start-up periods that prevent the controls from being

effective.

(3) Provides a reasonably precise estimate as to when

physical conditions will have reached a state that allows

for the effective control of emissions.

(e) During the start-up period, the owner or operator of

a glass melting furnace shall maintain the stoichiometric

ratio of the primary furnace combustion system so as not

to exceed 5% excess oxygen, as calculated from the actual

fuel and oxidant flow measurements for combustion in

the glass melting furnace.

(f) The owner or operator shall place the emission

control system in operation as soon as technologically

feasible during start-up to minimize emissions.

§ 129.306. Shutdown requirements.

(a) The duration of a glass melting furnace shutdown,

as measured from the time the furnace operations drop

below 25% of the permitted production capacity or fuel

use capacity to when all emissions from the furnace

cease, may not exceed 20 days.

(b) The owner or operator of a glass melting furnace

shall operate the emission control system whenever technologically feasible during shutdown to minimize emissions.

§ 129.307. Idling requirements.

(a) The owner or operator of a glass melting furnace

shall operate the emission control system whenever technologically feasible during idling to minimize emissions.

(b) The NOx emissions during idling may not exceed

the amount calculated using the following equation:

Pounds per day emission limit of NOx = (Applicable

NOx emission limit specified in § 129.304 (relating to

emission requirements) expressed in pounds per ton

of glass produced) x (Furnace permitted production

capacity in tons of glass produced per day)

§ 129.308. Compliance determination.

(a) By May 1, 2009, the owner or operator of a glass

melting furnace subject to this section, §§ 129.301—

129.307, 129.309 and 129.310 shall install, operate and

maintain continuous emissions monitoring systems

(CEMS, as defined in § 121.1 (relating to definitions)) for

NOx and other monitoring systems to convert data to

required reporting units in compliance with Chapter 139,

Subchapter C (relating to requirements for source monitoring for stationary sources) and calculate actual emissions using the CEMS data reported to the Department.

The owner or operator of a glass melting furnace may

install and operate an alternate NOx emissions monitoring system or method, approved in writing, by the

Department.

(b) Data invalidated under Chapter 139, Subchapter C,

shall be substituted with data calculated using the potential emission rate for the furnace, or if approved, in

writing, by the Department as follows:

(1) The highest valid 1-hour emission value that occurred during the reporting quarter.

(2) If no valid data were collected during the reporting

quarter, the most recent quarter for which valid data

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were collected shall be reported to the Department unless

an alternative reporting period is approved in writing by

the Department.

(c) The owner or operator of a glass furnace subject to

this section shall submit to the Department quarterly

reports of CEMS monitoring in pounds of NOx emitted

per hour, in a format approved by the Department and in

compliance with Chapter 139, Subchapter C.

(d) The CEMS or approved monitoring system or

method for NOx installed under this section must meet

the minimum data availability requirements in Chapter

139, Subchapter C.

(e) The owner or operator of a furnace battery may use

a single CEMS to determine the total NOx emissions

from all the furnaces if the emission measurements are

made at the common stack.

§ 129.309. Compliance demonstration.

(a) By October 31, 2009, and each year thereafter, the

owner or operator of a glass melting furnace shall

calculate and report to the Department the difference

between the actual NOx emissions from the glass melting

furnace during the interval from May 1 through September 30 and the allowable NOx emissions for that period.

The calculations used to determine the difference in NOx

emissions, including the CEMS data and glass production

data used to show compliance with the allowable NOx

emission limits specified in § 129.304 (relating to emission requirements), shall be included in the report submitted to the Department. The glass production data

must consist of the quantity of glass, in tons, pulled per

day for each furnace. Compliance with § 129.304 shall be

demonstrated by averaging the NOx emissions during the

interval from May 1 through September 30.

(b) The owner or operator of a glass melting furnace,

multiple glass melting furnaces or furnace battery shall

demonstrate compliance with the requirements of

§ 129.304 using one of the following methods:

(1) On a furnace-by-furnace basis.

(2) Facility-wide emissions averaging.

(3) System-wide emissions averaging among glass melting furnaces under common control of the same owner or

operator in this Commonwealth.

(c) The owner or operator of a glass melting furnace,

multiple glass melting furnaces or furnace battery may

demonstrate compliance with the requirements of

§ 129.304 in accordance with the following:

(1) For the period from May 1 through September 30,

2009, the owner or operator of a glass melting furnace,

multiple glass melting furnaces or furnace battery shall

surrender to the Department 0.25 CAIR NOx Ozone

Season allowance, as defined in § 145.202 (relating to

definitions), for each ton of NOx by which the combined

actual emissions exceed the allowable emissions of the

glass melting furnaces subject to this section.

(2) For the period from May 1 through September 30,

2010, the owner or operator of a glass melting furnace,

multiple glass melting furnaces or furnace battery shall

surrender to the Department 0.50 CAIR NOx Ozone

Season allowance for each ton of NOx by which the

combined actual emissions exceed the allowable emissions

of the glass melting furnaces subject to this section.

(3) For the period from May 1 through September 30,

2011, the owner or operator of a glass melting furnace,

multiple glass melting furnaces or furnace battery shall

surrender to the Department 0.75 CAIR NOx Ozone

Season allowance for each ton of NOx by which the

combined actual emissions exceed the allowable emissions

of the glass melting furnaces subject to this section.

(4) For the period from May 1 through September 30,

2012, and each ozone season thereafter, the owner or

operator of a glass melting furnace, multiple glass melting furnaces or furnace battery shall surrender to the

Department one CAIR NOx Ozone Season allowance for

each ton of NOx by which the combined actual emissions

exceed the allowable emissions of the glass melting

furnaces subject to this section.

(5) The surrendered CAIR NOx Ozone Season allowances shall be of current year vintage. For the purpose of

determining the amount of allowances to be surrendered,

a remaining fraction of a ton equal to or greater than 0.50

ton is deemed to equal 1 ton and a fraction of a ton less

than 0.50 ton is deemed to equal 0 tons.

(6) By November 1, 2009, and by November 1 of each

year thereafter, an owner or operator of a glass melting

furnace, multiple glass melting furnaces or furnace battery subject to this section shall surrender the required

CAIR NOx Ozone Season allowances to the Department’s

designated NATS-NOx allowance tracking system account

as defined in § 121.1 (relating to definitions) and shall

provide to the Department, in writing, the following:

(i) The serial number of each NOx allowance surrendered.

(ii) The calculations used to determine the quantity of

NOx allowances required to be surrendered.

(7) If an owner or operator fails to comply with paragraph (6), the owner or operator shall by December 31

surrender three CAIR NOx Ozone Season allowances of

the current or later year vintage for each NOx allowance

that was required to be surrendered by November 1 of

that year.

(d) The surrender of CAIR NOx Ozone Season allowances under subsection (c)(7) does not affect the liability

of the owner or operator of the unit for a fine, penalty or

assessment, or an obligation to comply with another

remedy for the same violation, under the Clean Air Act or

the act.

(1) For purposes of determining the number of days of

violation, if a facility has excess emissions for the period

May 1 through September 30 which have not been

reconciled with CAIR NOx Ozone Season allowances, each

day in that period (153 days) constitutes a day in

violation unless the owner or operator of the unit demonstrates that a lesser number of days should be considered.

(2) Each ton of excess emissions is a separate violation.

(e) If the combined allowable emissions from glass

melting furnaces at a facility from May 1 through September 30 exceed the combined actual emissions from

glass melting furnaces at the facility subject to this

section during the same period, the owner or operator

may deduct the difference or a portion of the difference

from the amount of actual emissions from glass melting

furnaces at the owner or operator’s other facilities located

in this Commonwealth for that period.

§ 129.310. Recordkeeping.

(a) The owner or operator of a glass melting furnace

subject to this section and §§ 129.301—129.309 shall

maintain records to demonstrate compliance. The records

must include an operating log maintained for each glass

melting furnace that includes, on a monthly basis:

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(1) The total hours of operation.

(2) The type and quantity of fuel used.

(3) The quantity of glass pulled.

(b) The owner or operator of a glass melting furnace

shall maintain records of:

(1) Source tests and operating parameters established

during the initial source test.

(2) Maintenance, repairs, malfunctions, idling, start-up

and shutdown.

(c) The records required under this section shall be

maintained onsite for 5 years. The records shall be made

available or submitted to the Department upon request.

[Pa.B. Doc. No. 08-729. Filed for public inspection April 18, 2008, 9:00 a.m.]

[ 25 PA. CODE CHS. 121, 129 AND 145 ]

Control of NOx Emissions from Cement Kilns

The Environmental Quality Board (Board) proposes to

amend Chapters 121, 129 and 145 (relating to definitions;

standards for sources; and interstate pollution transport

reduction) as set forth in Annex A.

This notice is given under Board order at its meeting of

February 19, 2008.

A. Effective Date

This proposed rulemaking will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.

This proposed rulemaking will be submitted to the

United States Environmental Protection Agency (EPA) as

a revision to the Pennsylvania State Implementation Plan

upon final-form rulemaking.

B. Contact Persons

For further information, contact Jane Mahinske, Air

Quality Program Specialist, Division of Air Resource

Management, Bureau of Air Quality, 12th Floor, Rachel

Carson State Office Building, P. O. Box 8468, Harrisburg,

PA 17105-8468, (717) 787-9495 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.

Information regarding submitting comments on this

proposal appears in Section J of this preamble. Persons

with a disability may use the 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 (www.depweb.state.pa.us).

C. Statutory Authority

This action is being taken under the authority of

section 5(a)(1) of the Air Pollution Control Act (35 P. S.

§ 4005(a)(1)), which grants to the Board the authority to

adopt regulations for the prevention, control, reduction

and abatement of air pollution.

D. Background and Summary

When ground-level ozone is present in concentrations in

excess of the Federal health-based standards, public

health is adversely affected. The EPA has concluded that

there is an association between ambient ozone concentrations and increased hospital admissions for respiratory

ailments, such as asthma. Further, although children, the

elderly and those with respiratory problems are most at

risk, even healthy individuals may experience increased

respiratory ailments and other symptoms when they are

exposed to ambient ozone while engaged in activity that

involves physical exertion. Though these symptoms are

often temporary, repeated exposure could result in permanent lung damage. The implementation of additional

measures to address ozone air quality nonattainment in

this Commonwealth is necessary to protect the public

health.

The purpose of this proposed rulemaking is to reduce

emissions of nitrogen oxides (NOx) from cement kilns to

reduce levels of ground-level ozone. Ground-level ozone is

not directly emitted by pollution sources, but is created as

a result of the chemical reaction of NOx and volatile

organic compounds in the presence of light and heat. The

reduction of NOx emissions will also help protect the

public health from high levels of fine particulates, of

which NOx is a precursor component. Fine particulates,

as well as ozone, are health hazards. The reduction of

NOx emissions also reduces visibility impairment and

acid deposition. This proposed rulemaking is reasonably

necessary to achieve and maintain the ozone and PM2.5

National Ambient Air Quality Standards.

The Commonwealth, along with the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York, Rhode Island, Vermont and Virginia, and the District of Colombia, are

members of the Ozone Transport Commission (OTC),

which was created under section 184 of the Federal Clean

Air Act (42 U.S.C.A. § 7511c), to develop and implement

regional solutions to the ground-level ozone problem in

the Northeast and Mid-Atlantic regions. To date, states

from the OTC, including the Commonwealth, have established a number of regulatory programs to reduce ozone

precursor emissions, including programs related to portable fuel containers, architectural and industrial maintenance coatings and consumer products. Consistent with

its strategy to achieve equitable ozone precursor emission

reductions from all industrial sectors, the Commonwealth,

along with other OTC states, has met with representatives of the cement industry to discuss reductions of NOx

emissions from their kilns.

In the Commonwealth, there are 21 cement kilns,

which in 2005 emitted 12,967 tons of NOx emissions in

this Commonwealth. Of these 21 kilns in this Commonwealth, 14 of them are ‘‘long’’ kilns. These are older

technology kilns and are less energy efficient than

preheater kilns and the newest technology, precalciner

kilns. The higher energy efficiency of the preheater and

precalciner kilns results in inherently lower NOx emissions than those from long wet and dry kilns, per ton of

product.

Control technologies are readily available to achieve

NOx emission reductions of greater than 20% from cement kilns. These technologies include: conversion to

indirect firing systems with low-NOx burners with approximately 20-30% reduction; mid-kiln firing of whole

tires in long kilns with approximately 20-40% reduction;

staged combustion in precalciner kilns with approximately 30-45% reduction; selective noncatalytic reduction

(SNCR) in precalciner kilns with approximately 30-70%

reduction; and selective catalytic reduction (SCR) with

approximately 80-90% reduction. SNCR has been used on

preheater kilns and has been proposed for long kiln

applications. All of these technologies, except SCR, are

demonstrated on kilns in the United States.

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