reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › SULFUR COMPOUND EMISSIONS › Section 123.24 - Primary zinc smelters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) No
						person may permit the emission into the outdoor atmosphere of sulfur oxides
						from any zinc roasting operation in such a manner that the concentration of
						sulfur oxides, expressed as SO2, in the effluent gas
						exceeds 500 parts per million by volume, dry basis, calculated as a 2-hour
						moving average.
(b) No person may
						permit the emission into the outdoor atmosphere of sulfur oxides from any zinc
						sintering operation in excess of the rate calculated by the following formula:
Y = 0.054X,
Where:
X = Calcine feed rate to the sinter plant (lbs/hr);
						  and
Y = Allowable sulfur oxide emissions (lbs/hr).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › SULFUR COMPOUND EMISSIONS › Section 123.25 - Monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						section applies to the following:
(1)
						Combustion units specified in §
													123.22(a)(4), (b)(4), (c)(4) or
						(e)(5) (relating to combustion
						units).
(2) Fossil fuel-fired steam
						generators of greater than 250 million Btus per hour of heat input which has
						installed sulfur dioxide pollutant control equipment.
(3) Sulfuric acid plants of greater than 300
						tons per day production capacity, the production being expressed as 100%
						acid.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › ODOR EMISSIONS › Section 123.31 - Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Limitations are
						as follows:
(1) If control of malodorous air
						contaminants is required under subsection (b), emissions shall be incinerated
						at a minimum of 1200°F for at least 0.3 second prior to their emission into
						the outdoor atmosphere.
(2)
						Techniques other than incineration may be used to control malodorous air
						contaminants if such techniques are equivalent to or better than the required
						incineration in terms of control of the odor emissions and are approved in
						writing by the Department.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › VISIBLE EMISSIONS › Section 123.41 - Limitations

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not permit the emission into the outdoor
						  atmosphere of visible air contaminants in such a manner that the opacity of the
						  emission is either of the following:
(1) Equal to or greater than 20% for a period
						or periods aggregating more than 3 minutes in any 1 hour.
(2) Equal to or greater than 60% at any time.
This section cited in 25 Pa. Code §
														121.8 (relating to compliance
							 responsibilities); 25 Pa. Code §
														123.42 (relating to exceptions);
							 25 Pa. Code §
														123.45 (relating to alternative
							 opacity limitations); and 25 Pa. Code §
														264.345 (relating to operating
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › VISIBLE EMISSIONS › Section 123.42 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
The limitations of §
												123.41 (relating to limitations)
						  shall not apply to a visible emission in any of the following instances:
(1) When the presence of uncombined water is
						the only reason for failure of the emission to meet the limitations.
(2) When the emission results from the
						operation of equipment used solely to train and test persons in observing the
						opacity of visible emissions.
(3)
						When the emission results from sources specified in §
												123.1(a)(1)-(9)
						(relating to prohibition of certain fugitive emissions).
(4) When arising from the production of
						agricultural commodities in their unmanufactured state on the premises of the
						farm operation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › VISIBLE EMISSIONS › Section 123.43 - Measuring techniques

Current through Register Vol. 54, No. 28, July 13, 2024
Visible emissions may be measured using either of the
						  following:
(1) A device approved by
						the Department and maintained to provide accurate opacity
						measurements.
(2) Observers,
						trained and qualified to measure plume opacity with the naked eye or with the
						aid of devices approved by the Department.
This section cited in 25 Pa. Code §
														264.345 (relating to operating
							 requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › VISIBLE EMISSIONS › Section 123.44 - Limitations of visible fugitive air contaminants from operation of any coke oven battery

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						may not permit the operation of a coke oven battery in a manner that visible
						fugitive air contaminants are emitted in excess of the emissions allowed by the
						following limitations:
(1) The following open
						charging limitation applies to existing batteries listed in §
													121.1 (relating to definitions).
						The following closed charging limitation applies to any existing battery on
						which a closed charging system is installed:
(i)
Open charging.
At no
						time may the aggregated times of visible open charging emissions during any
						four consecutive charges equal more than 75 seconds.
(ii)
Closed charging.
At no
						time may there be closed charging emissions during more than one charge out of
						any ten consecutive charges.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › VISIBLE EMISSIONS › Section 123.45 - Alternative opacity limitations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Coverage.
Coverage shall
						comply with the following:
(1) This section
						applies to a source:
(i) That is covered
						under §
														123.41 (relating to limitations)
						and is also covered by an emission limitation in the form of a mass rate or a
						stack gas concentration or a fuel requirement.
(ii) That is not a fugitive air
						contaminant.
(iii) For which the
						mass rate or concentration can be determined:
(A) Using techniques specified in
						§§ 139.11-139.16.
(B) By
						any other method approved by the Department that is consistent with accepted
						air pollution testing practices and with obtaining accurate results that are
						representative of the conditions evaluated.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › VISIBLE EMISSIONS › Section 123.46 - Monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						following sources are subject to this section:
(1) Fossil fuel-fired steam generators with
						an annual average capacity factor of greater than 30%, as demonstrated to the
						Department by the owner or operator, and of greater than 250 million Btu per
						hour heat input except where:
(i) Natural gas
						is the only fuel burned.
(ii) Oil
						or a mixture of gas and oil are the fuels burned and the source is able to
						comply with the applicable particulate matter and opacity regulations without
						utilization of particulate matter collection equipment and the source has not
						been found, within the 5 years previous to the applicability of this section,
						through any administrative or judicial proceedings to be in violation of any
						visible emissions standard.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NITROGEN COMPOUND EMISSIONS › Section 123.51 - Monitoring requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						section applies to combustion units with a rated heat input of 250 million Btus
						per hour or greater and with an annual average capacity factor of greater than
						30%.
(b) Sources subject to this
						section shall install, operate and maintain continuous nitrogen oxides
						monitoring systems and other monitoring systems to convert data to required
						reporting units in compliance with Chapter 139, Subchapter C (relating to
						requirements for continuous in-stack monitoring for stationary
						sources).
(c) Sources subject to
						this section shall submit results on a regular schedule and in a format
						acceptable to the Department and in compliance with Chapter 139, Subchapter
						C.
(d) Continuous nitrogen oxides
						monitoring systems installed under the requirements of this section shall meet
						the minimum data availability requirements in Chapter 139, Subchapter
						C.
(e) The Department may exempt a
						source from the requirements of subsection (b) if the Department determines
						that the installation of a continuous emission monitoring system would not
						provide accurate determination of emissions or that installation of a
						continuous emission monitoring system cannot be implemented by a source due to
						physical plant limitations or to extreme economic reasons. A source exempted
						from the requirements of subsection (b) shall satisfy alternative emission
						monitoring and reporting requirements proposed by the source and approved by
						the Department which provide oxides emission data that is representative of
						actual emissions of the source.
(f)
						Sources subject to this section shall comply by October 20, 1993, unless the
						source becomes subject to the requirements later than October 20, 1990. For
						sources which become subject to the requirements after October 20, 1990, the
						source has 36 months from the date the source becomes subject to this section.
						The Department may issue orders providing a reasonable extension of time for
						sources that have made good faith efforts to install, operate and maintain
						continuous monitoring devices, but that have been unable to complete the
						operations within the time period provided.
The provisions of this §
														123.51 issued under the Air
							 Pollution Control Act (35 P. S. §§
															4001-4015).
This section cited in 25 Pa. Code §
														129.91 (relating to control of
							 major sources of NOx and
							 VOCs).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.101 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
Sections
						  123.102-123.120 and this section establish
						  a NOx budget and a NOx allowance
						  trading program for NOx affected sources for the purpose
						  of achieving the health based ozone ambient air quality standard.
This section cited in 25 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet service compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.102 - Source NO[x] allowance requirements and NO[x] allowance control period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or
						operator or each NOx affected source shall, by December
						31 of each calendar year, hold a quantity of NOx
						allowances meeting the requirements of §
												123.110(a)
						(relating to source compliance requirements) in the source's current year NATS
						account that is equal to or greater than the total NOx
						emitted from the source during that year's NOx allowance
						control period.
(b) The initial
						NOx allowance control period begins on May 1,
						1999.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.103 - General NO [x] allowance provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NOx allowances
						shall be allocated, transferred or used as whole NOx
						allowances. To determine the number of whole NOx
						allowances, the number of NOx allowances shall be
						rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or
						greater.
(b) A
						NOx allowance does not constitute a security or other
						form of property.
(c) Allowances
						may not be used to meet the requirements of this subchapter prior to the year
						for which they are allocated.
(d)
						For the purposes of account reconciliation, NOx
						allowances allocated for the NOx allowance control
						period shall be deducted first, and remaining allowances if not otherwise
						designated by the source shall be deducted on a first-in, first-out
						basis.
(e)
						NOx allowances may only be used to comply with
						§§
												123.101, 123.102, 123.104-123.120
						and this section.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code §
														123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code §
														123.121 (relating to
							 NOx Allowance Program transition); and 25 Pa. Code
							 §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.104 - Source authorized account representative requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a
						NOx affected source shall designate for each source
						account, one authorized account representative and one alternate. Initial
						designations shall be submitted to the Department by December 1, 1997. An
						authorized account representative may be replaced or, for a new
						NOx affected source, designated with the submittal of a
						new "Account Certificate of Representation."
(b) The "Account Certificate of
						Representation" shall be signed by the authorized account representative for
						the NOx affected source and contain, at a minimum, the
						following:
(1) Identification of the
						NOx affected source by plant name, state and fossil
						fired indirect heat transfer combustion unit number for which the certification
						of representation is submitted.
(2)
						The name, address, telephone and facsimile number of the authorized account
						representative and the alternate.
(3) A list of owners and operators of the
						NOx affected source.
(4) The verbatim statement, "I certify that
						I, ___ , was selected as the Authorized Account Representative (name) by an
						agreement binding on the owners and operators of the NOx
						affected source legally designated as ___ ." (name of
						facility)
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.105 - NATS provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						NATS account records shall constitute a NOx affected
						source's NOx allowance holdings.
(b) The transfer, use and deduction of
						NOx allowances become effective only after entry in the
						tracking system account records.
(c) Any person may hold an account in the
						NATS.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.106 - NO[x] allowance transfer protocol

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NOx allowances may
						be transferred at any time between January 31 and December 31 in accordance
						with §
												123.107 (relating to
						NOx allowance transfer procedures).
(b) NOx allowances
						shall be held by the originating account at the time of the transfer
						request.
(c) A transfer request
						shall be filed jointly with the NOx budget administrator
						and the Department by the person named as the authorized account representative
						for the originating account.
(d)
						The transfer is effective as of the date the NOx budget
						administrator posts the transfer of the allowances on the NATS.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.107 - NO[x] allowance transfer procedures

Current through Register Vol. 54, No. 28, July 13, 2024
NOx allowances may be
						  transferred under the following conditions:
(1) The transfer request shall be documented
						on a form, or electronic media, approved by the Department. The following
						information, at a minimum, shall be provided:
(i) The account number identifying both the
						originating account and the acquiring account.
(ii) The name and address associated with the
						owners of the originating account and the acquiring account.
(iii) The identification of the serial
						numbers for each NOx allowance being
						transferred.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.109 - Source emissions reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The authorized account representative for
						each NOx affected source shall submit to the
						NOx budget administrator, electronically in a format
						which meets the requirements of the EPA's Electronic Data Reporting convention,
						emissions and operations information for each calendar quarter of each year in
						accordance with the document titled, "Guidance for Implementation of Emission
						Monitoring Requirements for the NOx Budget
						Program."
(b) Upon permanent
						shutdown, NOx affected sources may be exempted from this
						section after receiving written Department approval of a request filed by the
						authorized account representative for the NOx affected
						source which identifies the source and date of shutdown.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.110 - Source compliance requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each year from November 1 through
						December 31, inclusive, the authorized account representative shall request the
						NOx budget administrator to deduct, consistent with
						§
												123.107 (relating to
						NOx allowance transfer procedures) a designated amount
						of NOx allowances by serial number, from the
						NOx affected source's compliance account in an amount
						equivalent to the NOx emitted from the
						NOx affected source during that year's
						NOx allowance control period in accordance with the
						following:
(1) Allowances allocated for the
						current NOx control period may be used without
						restriction.
(2) Allowances
						allocated for future NOx control periods may not be
						used.
(3)
						NOx allowances which were allocated for any preceding
						NOx allowance control period which were not used
						(banked) may be used in the current control period even if this may result in
						an unlimited exceedance of the NOx budget. Banked
						allowances shall be deducted against emissions in accordance with a ratio of
						NOx allowances to emissions as specified by the
						NOx budget administrator as follows:
(i) If the total NOx
						allowances remaining in the NATS for all sources for preceding
						NOx allowance control periods are less than or equal to
						10% of the total NOx allowances allocated for that
						NOx allowance control period, the ratio is
						1:1.
(ii) If the total
						NOx allowances remaining in the NATS for all sources for
						preceding NOx allowance control periods are greater than
						10% of the NOx allowances allocated for that
						NOx allowance control period, the ratio is 2:1 for the
						portion of banked allowances used for compliance from an account which are in
						excess of the amount calculated by multiplying the total allowances banked in
						the account times the PFC (progressive flow control).
where
Click to view image
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.111 - Failure to meet source compliance requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Failure by the NOx
						affected source to hold in its compliance account, for a
						NOx allowance control period, as of the
						NOx allowance transfer deadline, sufficient
						NOx allowances equal to or exceeding actual emissions
						for the NOx allowance control period as specified under
						§
												123.102 (relating to source
						allowance requirements and NOx allowance control period)
						shall result in NOx allowance deduction from the
						NOx affected source's compliance account at the rate of
						3 NOx allowances for every 1 ton of excess emissions. If
						sufficient allowances meeting the requirements of §
												123.110(a)
						(relating to source compliance requirements) are not available, the source
						shall provide other sufficient allowances which shall be deducted prior to the
						beginning of the next NOx allowance control period,
						otherwise the source may not operate during subsequent control
						periods.
(b) In addition to the
						NOx allowance deduction required by subsection (a), the
						Department may enforce the provisions of this section and §§
												123.101-123.110 and 123.112-123.120 under
						the act and the Clean Air Act.
(1) For
						purposes of determining the number of days of violation, any excess emissions
						for the NOx allowance control period shall presume that
						each day in the NOx allowance control period constitutes
						a day in violation (153 days) unless the NOx affected
						source can demonstrate, to the satisfaction of the Department, that a lesser
						number of days should be considered.
(2) Each ton of excess emissions is a
						separate violation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.112 - Source operating permit provision requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The operating permit required under Chapter 127
						  (relating to construction, modification, reactivation and operations of
						  sources) shall include a condition requiring compliance with §§
												123.101-123.111, 123.113-123.120 and this
						  section (relating to NOx allowance requirements). The
						  NATS compliance account number and the authorized account representative shall
						  be listed on the permit.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code §
														123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code §
														123.121 (relating to
							 NOx Allowance Program transition); and 25 Pa. Code
							 §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.113 - Source recordkeeping requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator of a NOx
						  affected source shall maintain for each NOx affected
						  source and for 5 years, or any other period consistent with the terms of the
						  NOx affected source's operating permit, the
						  measurements, data, reports and other information required by §§
						  123.101-123.112, 123.114-123.120 and this section.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.114 - General NO[x] allocation provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NOx allocations to
						NOx affected sources may only be made by the
						Department.
(b) Except as provided
						in §
												123.116 (relating to source opt-in
						provisions), for NOx affected sources identified in
						Appendix A which shutdown or curtail operations, the source account will
						continue to receive NOx allowances for each
						NOx allowance control period.
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code § 123.117 (relating to new
							 NOx affected source provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code § 123.121 (relating to NOx Allowance
							 Program transition); and 25 Pa. Code §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.115 - Initial NO[x] allowance NO[x] allocations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The sources contained in Appendix E are
						subject to the requirements of §§
												123.101-123.114,
						123.116-123.120 and this section. These
						sources are allocated NOx allowances for the 1999-2002
						NOx allowance control periods as listed in Appendix
						E.
(b) The Department may allocate
						allowances to Duquesne Light Company's Phillips and Brunot Island facilities.
						The allowances allocated to these facilities are limited as follows:
(1) The facility shall be fully
						operational.
(2) The allowances
						allocated to the facility may only be used by the baseline sources located at
						that facility, and may not be banked or transferred.
(3) The allocation to Brunot Island source
						identification numbers 001-012 may not exceed an aggregate 246 allowances for
						the period May 1-September 30.
(4)
						The allocation to Phillips Station boilers 1-6 may not exceed an aggregate
						1,686 allowances for the period May 1-September 30.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.116 - Source opt-in provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person who owns, operates, leases or controls a non-NOx
						affected source located in this Commonwealth may apply to the Department to
						opt-in that source to become a NOx affected source. For
						replacement sources, all sources to which production may be shifted to shall be
						opted-in together.
(b) A source
						which began operations without emission reduction credits transferred from a
						NOx affected source may become a
						NOx affected source under the following conditions:
(1) Submission of an opt-in application to
						the Department, including:
(i) Documentation
						of baseline NOx allowance control period emissions which
						shall be the average of the actual emissions for the preceding two consecutive
						NOx allowance control periods. The Department may
						approve selection of an alternative two consecutive NOx
						allowance control periods within the 5 years preceding the opt-in application
						if the preceding two control periods are not representative of normal
						operations. The baseline may not exceed applicable emission limits.
(ii) Evidence that the requirements of
						§§
														123.101-123.115,
						123.117 -123.120 and this section
						(relating to NOx allowance requirements) can be complied
						with, including, submission of an emission monitoring plan, designation of an
						authorized account representative, and that the source is not on the compliance
						docket established under section 7.1 of the act (35 P. S. §
															4005).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.117 - New NO[x] affected source provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NOx allowances may
						not be created for new NOx affected sources. New
						NOx affected sources are sources which are not listed in
						§
												123.115 (relating to initial
						NOx allowance NOx allocations).
						The owner or operator of a new NOx affected source shall
						establish a compliance account prior to the commencement of operations and is
						responsible to acquire any required NOx allowances from
						those available in the NATS.
(b)
						Newly discovered NOx affected sources not included in
						Appendix A which operated at any time between May 1 and September 30, 1990,
						shall comply with §§
												123.101-123.116,
						123.118 -123.120 and this section
						(relating to NOx allowance requirements) within
						1-calendar year from the date of discovery. For those sources which notify the
						Department by April 1, 1998, the Department will petition the OTC to include
						the emissions in the NOx MOU Budget and provide
						NOx allowances to the source using the historical May 1
						to September 30, 1990, emissions reduced as specified in §
												123.119(a)(4)(ii)
						(relating to bonus NOx allowance awards).
This section cited in 25 Pa. Code §
														123.101 (relating to purpose); 25
							 Pa. Code §
														123.103 (relating to general
							 NOx allowance provisions); 25 Pa. Code §
														123.108 (relating to source
							 emissions monitoring requirements); 25 Pa. Code §
														123.111 (relating to failure to
							 meet source compliance requirements); 25 Pa. Code §
														123.112 (relating to source
							 operating permit provision requirements); 25 Pa. Code §
														123.113 (relating to source
							 recordkeeping requirements); 25 Pa. Code §
														123.115 (relating to initial
							 NOx allowance NOx allocations);
							 25 Pa. Code §
														123.116 (relating to source opt-in
							 provisions); 25 Pa. Code §
														123.118 (relating to emission
							 reduction credit provisions); 25 Pa. Code §
														123.120 (relating to audit); 25
							 Pa. Code §
														123.121 (relating to
							 NOx Allowance Program transition); and 25 Pa. Code
							 §
														145.43 (relating to compliance
							 supplement pool).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.118 - Emission reduction credit provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) NOx affected
						sources may create, transfer and use emission reduction credits in accordance
						with Chapter 127 (relating to construction, modification, reactivation and
						operation of sources) and this section. ERCs may not be used to satisfy
						NOx allowance requirements.
(b) Emission reductions made through
						overcontrol, curtailment or shutdown for which allowances are banked are not
						surplus and may not be used to create ERCs.
(c) A NOx affected
						source may transfer NOx ERCs to an
						NOx affected source if the new or modified
						NOx affected source's ozone season (May 1-September 30)
						allowable emissions do not exceed the ozone season portion of the baseline
						emissions which were used to generate the NOx
						ERCs.
(d) A
						NOx affected source may transfer
						NOx ERCs to a non-NOx affected
						source under the following conditions:
(1)
						The non-NOx affected source's ozone season (May
						1-September 30) allowable emissions may not exceed the ozone season portion of
						the baseline emissions which were used to generate the
						NOx ERCs.
(2) The NATS account for
						NOx affected sources which generated ERCs transferred to
						non-NOx affected sources, including prior to the date of
						publication in the
Pennsylvania Bulletin
, shall have a
						corresponding number of allowances retired that reflect the transfer of
						emissions regulated under §§
													123.101-123.117,
						123.119 -123.120 and this section
						(relating to NOx allowance requirements) to the
						NOx nonaffected sources. The amount of annual
						NOx allowances deducted shall be equivalent to that
						portion of the nonaffected source's NOx control period
						allowable emissions which were provided for by the NOx
						ERCs from the affected source.
(3)
						Allocations for NOx allowance control periods following
						2002 to the NOx ERC generating source may not include
						the allowances identified in paragraph (2).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 123 - STANDARDS FOR CONTAMINANTS › NO[x] ALLOWANCE REQUIREMENTS › Section 123.119 - Bonus NO[x] allowance awards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will, upon receipt of a complete application by November 1,
						1998, award a NOx affected source with bonus
						NOx allowances for certain creditable emission
						reductions made during the 1997 and 1998 ozone seasons (May 1-September 30)
						under the following conditions:
(1) Creditable
						reductions shall be in excess of the OTC MOU reduction requirements and any
						applicable emission limits including RACT and maximum achievable control
						technology.
(2) Bonus allowances
						shall be calculated separately for the 1997 and 1998 ozone seasons (May
						1-September 30).
(3) The actual
						average ozone season (May 1-September 30) heat input used to calculate the
						emission reduction may not exceed the average 1995 and 1996 ozone season actual
						heat input, or if the Department finds that it is more representative of normal
						operations, the average ozone season (May 1-September 30) actual heat input
						which occurred during another consecutive 2 years between and including 1991
						and 1995.
(4) Bonus
						NOx allowances shall be calculated by multiplying the
						actual 1997 or 1998, as applicable, average ozone season (May 1-September 30)
						heat input, times the difference between the following:
(i) The after-control emission rate
						calculated using the average rate occurring during the 1997 or 1998
						NOx allowance control.
(ii) The lower of the source's applicable
						emission rate for NOx expressed in pounds of
						NOx per MMBtu, or the baseline emission rate established
						in Appendix A after applying the following reduction, as applicable. The
						reduction for sources located in the outer zone is 55% or 0.2 lbs/MMBtu
						whichever is less stringent, and for sources located in the inner zone, 65%, or
						0.2 lbs/MMBtu whichever is less stringent. The inner zone includes Berks,
						Bucks, Chester, Delaware, Montgomery and Philadelphia counties, and the outer
						zone includes the remaining counties within this Commonwealth.
(5) Applications shall include the
						information necessary to determine that the reductions meet the requirements of
						this section.