# ENVIRONMENTAL QUALITY BOARD

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

The Environmental Quality Board (Board) proposes toamend 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 UnitedStates 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 thatthere 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 areoften 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 PM 2.5 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 NOxemissions; 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 ofNOx emissions. Total glass melting furnace NOx emissions in 2002 were approximately 11,900 tons. Since 2002a 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, NewHampshire, 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, Statesfrom the OTC, including the Commonwealth, have established a number of regulatory programs to reduce ozoneprecursor 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, 2002and 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 furnacerefractory 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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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008of the furnaces in this Commonwealth, these furnace rebuilds will not occur until after 2009, the 8-hour ozone attainment deadline for this Commonwealth ’ s ozonenonattainment areas. Consequently, the proposed regulatory provisions would allow the glass industry a numberof 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 rulemakingon July 17, 2007. The CAC concurred with the Department ’s recommendation to advance the proposal to theBoard 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 meltingfurnace may demonstrate compliance with the requirements of § 129.304 (relating to emission requirements) as follows-for the 2009 ozone season surrendering 0.25 CAIRNOx 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 andbeyond surrendering one CAIR NOx Ozone Season allowance for each ton of NOx emissions that exceeds theallowable emissions of the applicable glass melting furnaces. However, specific comments are requested duringthe 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 eachton 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 NOxemissions 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 astechnologically 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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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008actual 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 fromMay 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 commoncontrol 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 CAIRNOx 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 throughSeptember 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 whichthe 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 willbe 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 ormethod, which would significantly reduce their monitoring cost under this proposal.

The proposed rulemaking provides compliance alternatives including emissions averaging and use of CAIR NOxOzone Season allowances as near term compliance options. This regulatory flexibility will allow an owner or operator of an affected glass melting furnace to select theleast-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 encouragespollution 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 tofacilities 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 theDepartment 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 EnvironmentalResources 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, IRRCmay convey any comments, recommendations or objections to the proposed rulemaking within 30 days of theclose of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria that have not been met. The Regulatory 

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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008Review 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 inwindows, 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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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008***** 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 boostingequipment, 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 inwool 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 theoxidant 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 tostable 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 notapply 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 toinitiating 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 (relatingto 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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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008support 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 anew 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 furnacemay 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 actuallength 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 furnaceshall 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 furnaceshall 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 mayinstall 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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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008were 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 meltingfurnace 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 oroperator 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 meltingfurnace, 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 inviolation 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 glassmelting 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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PENNSYLVANIA BULLETIN, VOL. 38, NO. 16, APRIL 19, 2008(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 thatthere 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 areoften 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 PM 2.5 National Ambient Air Quality Standards.

The Commonwealth, along with the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, NewHampshire, 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, statesfrom the OTC, including the Commonwealth, have established a number of regulatory programs to reduce ozoneprecursor 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 inthis 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 andprecalciner 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 achieveNOx emission reductions of greater than 20% from cement kilns. These technologies include: conversion toindirect 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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