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 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.42 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.43 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.43a - Municipal notification

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant for a plan approval shall notify the
						  local municipality and county where the air pollution source is to be located
						  that the applicant has applied for the plan approval as required by section
						  1905-A of The Administrative Code of 1929 (71 P. S. §
													510-5). The notification shall clearly
						  describe the source and modifications that are to take place. The notice shall
						  state that there is a 30-day comment period which begins upon receipt of the
						  notice by the municipality and county.
The provisions of this §
														127.43a issued under section 5 of
							 the Air Pollution Control Act (35 P. S. §
															4005).
This section cited in 25 Pa. Code §
														127.12 (relating to content of
							 applications).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.44 - Public notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Department will publish in the
Pennsylvania Bulletin
a notice
						of receipt and intent to issue for each plan approval application, except plan
						approval applications subject to the notice requirements of subsection (b). The
						Department will prepare a notice of receipt and intent to issue in accordance
						with §
												127.45(a)
						(relating to contents of notice).
(b) The Department will prepare a notice, in
						accordance with §
												127.45(b), of
						action to be taken on applications for plan approvals for the following:
(1) Sources subject to Subchapter D (relating
						to prevention of significant deterioration of air quality).
(2) Sources subject to Subchapter E (relating
						to new source review).
(3) Sources
						of VOCs that submit plan approval applications demonstrating compliance with
						Chapter 129 (relating to standards for sources) using §
													129.51(a)
						(relating to general).
(4) Sources
						located within a Title V facility.
(5) Other sources for which the Department
						has determined there is substantial public interest or for which the Department
						invites public comment.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.45 - Contents of notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The notice
						of receipt and intent to issue for each plan approval required by §
												127.44(a) 
						(relating to public notice) must include the following:
(1) The name and address of the
						applicant.
(2) The location and
						name of the source or facilty at which the construction, modification,
						reactivation or installation is proposed.
(3) A brief description of the proposed
						action, including a brief description of the:
(i) Air contamination source to be
						constructed, modified, reactivated or installed.
(ii) Air cleaning device or control
						technology required including best available technology.
(iii) Type of conditions being placed in the
						plan approval with reference to applicable State and Federal
						requirements.
(4) The
						type and quantity of air contaminants being emitted.
(5) The name and telephone number of a person
						to contact at the Department for additional information.
(6) A statement that a person may oppose the
						proposed plan approval by filing a written protest with the Department, at the
						appropriate regional office described in §
													121.4 (relating to regional
						organization of 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 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.46 - Filing protests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						protest to a proposed action shall be filed with the Department within 30 days
						of the date that notice of the proposed action was published under §
												127.44 (relating to public
						notice).
(b) A protest shall
						include the following:
(1) Name, address and
						telephone number of the person filing the protest.
(2) Identification of the proposed plan
						approval issuance being opposed.
(3) Concise statement of the objections to
						the plan approval issuance and the relevant facts upon which the objections are
						based.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.47 - Consideration of protest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						protest alerts the Department to the fact and nature of the objection of the
						protestant to the proposed action on the application.
(b) The Department is not required to
						consider protests filed subsequent to the time designated in §
												127.46 (relating to filing
						protests), but it may consider them if filed prior to issuance of a plan
						approval as detailed in this subchapter.
The provisions of this §
														127.47 amended under section 5 of
							 the Air Pollution Control 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 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.48 - Conferences and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
						to any plan approval issuance, the Department may, in its discretion, hold a
						fact finding conference or hearing at which the petitioner, and any person who
						has properly filed a protest under §
												127.46 (relating to filing
						protests) may appear and give testimony; provided, however, that in no event
						will the Department be required to hold such a conference or hearing.
(b) The applicant, the protestant,
						commentators and other participants will be notified of the date, time, place
						and purpose of a conference or hearing, in writing or by publication in a
						newspaper of general circulation in the county in which the source is to be
						located and the
Pennsylvania Bulletin
, except when the
						Department determines that notification by telephone will be
						sufficient.
The provisions of this §
														127.48 amended under sections 5
							 and 6 of the Air Pollution Control Act (35 P. S. §§
															4005(a)(1) and
							 4006.1(b.3)).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.49 - Conference or hearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Conferences and hearings shall be
						conducted by a presiding officer.
(b) Except if provided otherwise in the
						notice or by the presiding officer, conferences and hearings shall be conducted
						in an informal manner and the rules of evidence are not applicable.
(c) When provided in the notice, a
						participant may be required to present a written statement, together with
						exhibits required, at the conference or hearing for the use of the
						participants. Persons unable to attend the conference or hearing may submit
						three copies of a written statement and exhibits within 10 days thereafter to
						the Department.
(d) At the
						conference or hearing, a participant may, at his own cost, record the
						proceedings using a stenographer, tape recorder or other means.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.50 - Conference or hearing record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Following the conference or hearing, the presiding officer shall prepare a
						summary which shall contain the following:
(1)
						Identification of the plan approval application and the name of the plant or
						facility which is being constructed or modified.
(2) The names and addresses of each
						participant and whom the participant represents.
(3) The substance of the opening and closing
						statement by the presiding officer.
(4) The substance of the matters discussed or
						testified to and agreements reached by the participants.
(5) Other relevant matters to inform the
						Department of the results of the conference or hearing.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.51 - Plan approval disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After
						reviewing a protest or record of a conference or hearing, the Department may
						take action authorized by this chapter.
(b) A notice of denial or a plan approval
						will be issued to the applicant. Each protestant who has submitted a comment
						within the time period set forth in §
												127.46 (relating to filing
						protests) will be notified personally or by mailing a copy of the plan approval
						disposition to the address set forth in the protest.
(c) The Department will also publish notice
						of its action in the
Pennsylvania Bulletin
which will be
						deemed to be sufficient notice to others.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter B - PLAN APPROVAL REQUIREMENTS › Section 127.52 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter D - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section 127.81 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this subchapter is to adopt the
						  Prevention of Significant Deterioration (PSD) requirements promulgated by the
						  United States Environmental Protection Agency under the Clean Air Act. The
						  requirements are adopted to make the PSD requirements independently enforceable
						  by the Department and to implement Part C of the Clean Air Act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter D - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section 127.82 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
The requirements adopted in this chapter do not apply
						  to sources located in areas under the jurisdiction of local air pollution
						  control agencies under section 12 of the act (35 P. S. §
													4012). The local agencies may adopt such
						  requirements as they deem appropriate.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter D - PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY › Section 127.83 - Adoption of program

Current through Register Vol. 54, No. 28, July 13, 2024
The Prevention of Significant Deterioration
						  requirements promulgated in 40 CFR 52 by the Administrator of
						  the EPA under section 161 of the Clean Air Act (42 U.S.C.A. §
													7471) are adopted in their entirety by the
						  Department and incorporated herein by reference. The adoption of these
						  requirements supplements the requirements of this chapter and does not
						  supersede or rescind requirements of the act or this article. The term
						  "Administrator" used in 40
						  CFR 52.21(b)(17), (f)(1)(v), (3) and (4)(i), (g)(1)-(6),
						  (l)(2), (p)(1) and (2) and (t) means the
						  Administrator of the EPA. The term "Administrator" used in
						  40 CFR
						  52.21(b)(3)(iii), (r)(2) and
						  (w)(2) means the Administrator of the EPA or
						  the Secretary of the Department. The term "Administrator" means the Department
						  in all other portions of 40
						  CFR 52.21.
The provisions of this §
														127.83 amended under section 5 of
							 the Air Pollution Control 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 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.201a - Measurements, abbreviations and acronyms

Current through Register Vol. 54, No. 28, July 13, 2024
Measurements, abbreviations and acronyms used in this
						  subchapter are defined as follows:
BACT-Best available control technology
BAT-Best available technology
CEMS-Continuous emissions monitoring system
CERMS-Continuous emissions rate monitoring system
CO-Carbon monoxide
CPMS-Continuous parametric monitoring system
ERC-Emission reduction credit
LAER-Lowest achievable emission rate
lb-Pounds
MACT-Maximum achievable control technology
MERC-Mobile emission reduction credit
µg/m3-Micrograms per
						  cubic meter
mg/m3-Milligrams per cubic
						  meter
NOx-Nitrogen oxides
NSPS-New source performance standard
NSR-New source review
O2-Oxygen
PAL-Plantwide Applicability Limit
PEMS-Predictive emissions monitoring system
PM-Particulate matter
PM2.5-Particulate matter less
						  than or equal to 2.5 micrometers
PM-10-Particulate matter less than or equal to 10
						  micrometers
RACT-Reasonably available control technology
SOx-Sulfur oxides
TPY-Tons per year
VOC-Volatile organic compound
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.202 - Effective date

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The special
						permit requirements in this subchapter apply to an owner or operator of a
						facility to which a plan approval is issued by the Department after May 19,
						2007, except the special permit requirements for precursors to
						PM2.5, which apply as follows:
(1) NOx and
						SO2 after September 3, 2011.
(2) VOCs and ammonia after December 21,
						2019.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.203 - Facilities subject to special permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This subchapter applies to the
						construction of a new major facility or modification at an existing major
						facility located in a nonattainment area, an ozone transport region or an
						attainment or unclassifiable area which impacts a nonattainment area in excess
						of the following significance levels:
Pollutant
Averaging time
Annual
24 (hours)
8 (hours)
3 (hours)
1 (hours)
SO2
1.0 µg/m3
5 µg/m3
-
25 µg/m3
-
PM-10
1.0 µg/m3
5 µg/m3
-
-
-
CO
-
-
0.5 mg/m3
-
2 mg/m3
Lead
-
0.1 µg/m3
-
-
-
PM2.5
0.2 µg/m3
1.2 µg/m3
-
-
-
(b) The following provisions apply to an
						owner or operator of a facility located in Bucks, Chester, Delaware, Montgomery
						or Philadelphia County or an area classified as a serious or severe ozone
						nonattainment area:
(1) The applicability
						requirements in §
													127.203a (relating to
						applicability determination) apply except as provided by this subsection. The
						requirements of this subchapter apply if the aggregated emissions determined
						according to subparagraph (i) or (ii) exceed 25 TPY of
						NOx or VOCs.
(i) The
						proposed increases and decreases in emissions are aggregated with the other
						increases in net emissions occurring over a consecutive 5 calendar-year period,
						which includes the calendar year of the modification or addition which results
						in the emissions increase. The aggregated VOC or NOx
						emissions must meet the applicability requirements in paragraph (2) or
						(3).
(ii) The proposed increases
						and decreases in emissions are aggregated with other increases and decreases
						which occurred within 10 years prior to the date of submission of a complete
						plan approval application. If the aggregated emissions increase calculated
						using this subparagraph meets or exceeds the emissions rate that is
						significant, only the emissions offset requirements in §
														127.205(3)
						(relating to special permit requirements) apply to the aggregated
						emissions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.204 - Emissions subject to this subchapter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In determining whether a project exceeds
						the emission rate that is significant or the significance levels specified in
						§
												127.203 (relating to facilities
						subject to special permit requirements), the potential to emit, actual
						emissions and actual emissions increase shall be determined by aggregating the
						emissions or emissions increases from contiguous or adjacent properties under
						the common control of a person or entity. The aggregation must include
						emissions resulting from the following: flue emissions, stack and additional
						fugitive emissions, material transfer, use of parking lots and paved and
						unpaved roads on the facility property, storage piles and other emission
						generating activities resulting from operation of the new or modified
						facility.
(b) Secondary emissions
						may not be considered in determining whether a facility meets the requirements
						of this subchapter. If a facility is subject to this subchapter on the basis of
						the direct emissions from the facility, the conditions of §
												127.205 (relating to special
						permit requirements) shall also be met for secondary emissions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.205 - Special permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will not issue a plan approval, or an
						  operating permit, or allow continued operations under an existing permit or
						  plan approval unless the applicant demonstrates that the following special
						  requirements are met:
(1) A new or
						modified facility subject to this subchapter shall comply with LAER, except as
						provided in §
												127.203a(a)(2)
						(relating to applicability determination). When a facility is composed of
						several sources, only sources which are new or which are modified shall be
						required to implement LAER. In addition, LAER applies to the proposed
						modification which results in an increase in emissions and to subsequent or
						previous modifications which result in emissions increases that are directly
						related to and normally included in the project associated with the proposed
						modification and which occurred within the contemporaneous period of the
						proposed emissions increase.
(i) A project
						that does not commence construction within 18 months of the date specified in
						the plan approval shall be reevaluated for its compliance with LAER before the
						start of construction.
(ii) A
						project that discontinues construction for 18 months or more after construction
						is commenced shall be reevaluated for its compliance with LAER before resuming
						construction.
(iii) A project that
						does not complete construction within the time period specified in the plan
						approval shall be reevaluated for its compliance with LAER.
(iv) A project that is constructed in phases
						shall be reevaluated for its compliance with LAER if there is a delay of
						greater than 18 months beyond the projected and approved commencement date for
						each independent phase.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.206 - ERC general requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Emissions reductions or ERCs banked prior to January 1, 1991, may not be used
						as ERCs for emission offsets or netting purposes.
(b) The EQB may, by regulation and upon
						notice in the
Pennsylvania Bulletin
and opportunity for public
						comment, proportionally reduce the quantity of registered ERCs not previously
						included in a plan approval, or may halt transfer activity, in a nonattainment
						area or throughout this Commonwealth only as necessary when the other measures
						required by the Clean Air Act and the act may fail to achieve NAAQS or SIP
						requirements.
(c) ERCs shall be
						proportionally reduced prior to use in a plan approval in an amount equal to
						the reductions that the generating facility is or would have been required to
						make in order to comply with new requirements promulgated by the Department or
						the EPA, which apply to the generating facility after the ERCs were
						created.
(d) The Department may
						issue a plan approval for the construction of a new or modified facility which
						satisfies the offset requirements specified in §
												127.205(3) and (4)
						 (relating to special permit requirements)
						under the following conditions:
(1) The
						application for a plan approval demonstrates that the proposed facility either
						has or will secure the appropriate ERCs which are suitable for use at the
						specific facility. The ERCs shall be identified in a Department approved and
						Federally enforceable permit condition for the ERC generating source. The
						permit condition will provide that the ERCs are properly generated, certified
						by the Department and processed through the registry no later than the date
						approved by the Department for commencement of operation of the proposed new or
						modified facility.
(2) The owner or
						operator of the proposed new or modified facility may not commence operation or
						increase emissions until the required emissions reductions are certified and
						registered 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 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.207 - Creditable emissions decrease or ERC generation and creation

Current through Register Vol. 54, No. 28, July 13, 2024
A creditable emissions decrease or ERC generation and
						  creation may occur under the following conditions:
(1) A creditable emissions decrease or ERC
						shall be surplus, permanent, quantified and Federally enforceable as follows:
(i)
Surplus
. A creditable
						emissions decrease or ERC shall be included in the current emission inventory,
						and may not be required by or be used to meet past or current SIP, attainment
						demonstration, RFP, emissions limitation or compliance plans. Emissions
						reductions necessary to meet NSPS, LAER, RACT, BAT, BACT, allowance-based
						programs and permit or plan approval emissions limitations or other emissions
						limitations required by the Clean Air Act or the act may not be used to
						generate ERCs or a creditable emissions decrease.
(ii)
Permanent
. A creditable
						emissions decrease or ERC generated from emissions reductions which are
						Federally enforceable through an operating permit or a revision to the SIP and
						assured for the life of the corresponding increase, whether unlimited or
						limited in duration, are considered permanent. Emissions limitations and other
						restrictions imposed on a permit as a result of a creditable emissions decrease
						or ERC generation shall be carried over into each successive permit issued to
						that facility. MERCs and other ERCs generated pursuant to an approved economic
						incentive program shall be permanent within the time frame specified by the
						program.
(iii)
Quantified
. A creditable emissions decrease or ERC shall be
						quantified in a credible, workable and replicable method consistent with
						procedures promulgated by the Department and the EPA.
(iv)
Enforceable
. A
						creditable emissions decrease or ERC shall be Federally enforceable emissions
						reductions, regulated by Federal or SIP emissions limitations, such as a limit
						on potential to emit in the permit, and be generated from a plan approval,
						economic incentive program or permit limitation.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.210 - Offset ratios

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						emissions offset ratios for NSR purposes and ERC transactions subject to the
						requirements of this subchapter must be in an amount equal to or greater than
						the ratios specified in the following table:
Required Emission Offsets For Existing Sources,
						  Expressed in Tons per Year
Pollutant/Area
Flue Emissions
Fugitive Emissions
PM-10 and SOx
1.3:1
5:1
Volatile Organic Compounds
Ozone Classification Areas
Severe Areas
1.3:1
1.3:1
Serious Areas
1.2:1
1.3:1
Moderate Areas
1.15:1
1.3:1
Marginal/Incomplete Data Areas
1.15:1
1.3:1
Transport Region
1.15:1
1.3:1
NOx
Ozone Classification Areas
Severe Areas
1.3:1
1.3:1
Serious Areas
1.2:1
1.2:1
Moderate Areas
1.15:1
1.15:1
Marginal/Incomplete Data Areas
1.15:1
1.15:1
Transport Region
1.15:1
1.15:1
Carbon Monoxide
Primary Nonattainment Areas
1.1:1
1.1:1
Lead
1.1:1
1.1:1
PM2.5
PM2.5
								  Nonattainment Area
PM2.5
1:1
1:1
PM2.5
								  Precursors
SO2
1:1
1:1
NOx
1:1
1:1
VOCs
1:1
1:1
Ammonia
1:1
1:1
(b) In complying with the emissions offset
						requirements of this subchapter, the emission offsets obtained shall be of the
						same NSR regulated pollutant unless interpollutant offsetting is authorized for
						a particular pollutant in accordance with subsection (c).
(c) The Department may, based on a technical
						assessment, establish interpollutant trading ratios for offsetting
						PM2.5 emissions or PM2.5
						precursor emissions in a specific nonattainment area or geographic area in this
						Commonwealth. The interpollutant trading ratios shall be subject to public
						review and comment for at least 30 days prior to submission to the EPA for
						approval as a SIP revision.
(d) If
						the EPA promulgates PM2.5 interpollutant trading ratios
						in 40 CFR Part 51 (relating to requirements for preparation, adoption, and
						submittal of implementation plans), the ratios will be adopted and incorporated
						by reference.
The provisions of this §
														127.210 amended under section
							 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. §
															4005(a)(1) and
							 (8)).
This section cited in 25 Pa. Code §
														127.201 (relating to general
							 requirements); 25 Pa. Code §
														127.205 (relating to special
							 permit requirements); 25 Pa. Code §
														127.206 (relating to ERC general
							 requirements); 25 Pa. Code §
														127.208 (relating to ERC use and
							 transfer requirements); and 25 Pa. Code §
														127.211 (relating to applicability
							 determination).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.212 - Portable facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						owner or operator of a portable SOx, PM-10, lead or CO facility subject to this
						subchapter which will be relocated within 6 months of the commencement of
						operation to a location within an attainment area which does not have an impact
						on a nonattainment area at or above the significance levels contained in §
												127.203 (relating to facilities
						subject to special permit requirements) shall be exempt from this subchapter.
						An owner or operator of a facility which subsequently returns to a location
						where it is subject to this subchapter shall comply with this
						subchapter.
(b) An owner or
						operator of a portable VOC or NOx facility subject to this subchapter which
						will be relocated outside of this Commonwealth within 6 months of the
						commencement of operation shall be exempt from this subchapter. An owner or
						operator of a facility which subsequently returns to a location in this
						Commonwealth where it is subject to this subchapter shall comply with this
						subchapter.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.213 - Construction and demolition

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Emissions from construction or demolition activities will be exempt from §
												127.205 (relating to special
						permit requirements) if BACT is used during the construction or demolition
						period.
(b) Emissions from
						construction and demolition activities may not be considered under §
												127.203a (relating to
						applicability determination).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.215 - Reactivation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A facility
						which has been out of operation or production for 1 year or more during the
						term of its operating permit may be reactivated within the term of its
						operating permit and will not be considered a new facility subject to this
						subchapter if the following conditions are satisfied:
(1) The permittee shall within 1 year of the
						deactivation submit in writing to the Department and implement a maintenance
						plan which includes the measures to be taken, including maintenance, upkeep,
						repair or rehabilitation procedures, which will enable the facility to be
						reactivated in accordance with the terms of the permit.
(2) The permittee shall submit a reactivation
						plan at least 30 days prior to the proposed date of reactivation. The
						reactivation plan shall include sufficient measures to ensure that the facility
						will be reactivated in compliance with the permit requirements. The permittee
						may submit a reactivation plan to the Department at any time during the term of
						its operating permit. The reactivation plan may also be submitted to and
						approved in writing by the Department as part of the plan approval or permit
						application process.
(3) The
						permittee shall notify the Department in writing within 1 year of deactivation
						requesting preservation of the emissions in the inventory and indicating the
						intent to reactivate the facility.
(4) The permittee shall comply with the terms
						and conditions of the following:
(i)
						Maintenance plan while the facility is deactivated.
(ii) Reactivation plan and the operating
						permit upon reactivation.
(5) The permittee with an approved
						reactivation plan shall notify the Department in writing at least 30 days prior
						to reactivation of the facility.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.216 - Circumvention

Current through Register Vol. 54, No. 28, July 13, 2024
Regardless of the exemptions provided in this
						  subchapter, an owner or other person may not circumvent this subchapter by
						  causing or allowing a pattern of ownership or development, including the
						  phasing, staging, delaying or engaging in incremental construction, over a
						  geographic area of a facility which, except for the pattern of ownership or
						  development, would otherwise require a permit or submission of a plan approval
						  application.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.217 - Clean Air Act Titles III-V applicability

Current through Register Vol. 54, No. 28, July 13, 2024
Compliance with this subchapter does not relieve a
						  source or facility from complying with Titles III-V of the Clean Air Act
						  (42 U.S.C.A. §§
													7601-7627;
						  7641,
						  7642,
						  7651-7651o; and
						  7661-7661f), applicable
						  requirements of the act or regulations adopted under the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter E - NEW SOURCE REVIEW › Section 127.218 - PALs

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The following
						provisions govern an actual PAL for a major facility:
(1) The Department may approve the use of an
						actual PAL for any existing major facility if the PAL meets the requirements in
						this subsection and subsections (b)-(n).
(2) The Department will not permit an actual
						PAL for VOC or NOx for a major facility located in an extreme ozone
						nonattainment area.
(3) A physical
						change in or change in the method of operation of a major facility that
						maintains its total facility-wide emissions below the PAL level, meets the
						requirements in this subsection and subsections (b)-(n) and complies with the
						PAL permit is not:
(i) A major modification
						for the PAL pollutant.
(ii) Subject
						to this subchapter.
(iii) Subject
						to §
														127.203(e)(2)
						(relating to facilities subject to special permit
						requirements).
(4) An
						owner or operator of a major facility shall continue to comply with applicable
						Federal or State requirements, emissions limitations and work practice
						requirements that were established prior to the PAL effective date.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter F - OPERATING PERMIT REQUIREMENTS › GENERAL › Section 127.401 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter is applicable to sources required to
							 obtain an operating permit under the act.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter F - OPERATING PERMIT REQUIREMENTS › GENERAL › Section 127.402 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person may not operate a stationary air contamination source unless the
						  Department has issued to the person a permit to operate the source under this
						  article in response to a written application for a permit submitted on forms
						  and containing the information the Department may prescribe.
(b) The Department will provide public notice
						  and the right to comment on each permit prior to issuance or denial and may
						  hold public hearings concerning a permit.
(c) A permit may be issued to an applicant
						  for a stationary air contamination source requiring construction, assembly,
						  installation, reactivation or modification when the requirements of this
						  article related to operating requirements have been met and there has been
						  performed upon the source a test or evaluation which satisfies the Department
						  that the air contamination source will not discharge into the outdoor
						  atmosphere an air contaminant at a rate in excess of that permitted by
						  applicable regulations under this article, or in violation of a performance or
						  emission standard or other requirements established by the EPA or the
						  Department for the source, and will not cause air pollution.
(d) An application, form, report or
						  compliance certification submitted under this subchapter shall contain
						  certification by a responsible official as to truth, accuracy and completeness.
						  This certification and other certification required under this subchapter shall
						  state that, based on information and belief formed after reasonable inquiry,
						  the statements and information in the document are true, accurate and
						  complete.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter F - OPERATING PERMIT REQUIREMENTS › GENERAL › Section 127.403 - Permitting of sources operating lawfully without a permit

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A stationary air contamination source
						  operating lawfully without a permit for which fees required by Subchapter I
						  (relating to plan approval and operating permit fees) have been paid is
						  authorized to continue to operate without a permit until 120 days after the
						  Department provides notice to the source that a permit application is required
						  or until November 1, 1996, whichever occurs first.
(b) If the applicant submits a complete
						  permit application within the time frame required by this section and the
						  Department fails to issue a permit through no fault of the applicant, the
						  source may continue to operate if the fees required by Subchapter I have been
						  paid and the source is operated in conformance with the act, the Clean Air Act
						  and the regulations thereunder.
(c)
						  For a performance or emission standard or other requirement established by the
						  EPA or the Department for the source subsequent to July 9, 1992, but prior to
						  the permit issuance date, the permit may contain a compliance schedule
						  authorizing the source to operate out of compliance and requiring the source to
						  achieve compliance as soon as possible but no later than the time required by
						  the act, the Clean Air Act or the regulations thereunder.
(d) For the purposes of this section, a
						  source is operating lawfully without a permit if it is a source for which no
						  permit was previously required and the source is operating in compliance with
						  applicable regulatory requirements.
This section cited in 25 Pa. Code §
															145.306 (relating to standard
								requirements); and 25 Pa. Code §
															145.321 (relating to general
								requirements for a permit incorporating CO2 Budget
								Trading Program requirements).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter F - OPERATING PERMIT REQUIREMENTS › GENERAL › Section 127.404 - Compliance schedule for repermitting

Current through Register Vol. 54, No. 28, July 13, 2024
A new permit issued to a source which is operating
							 under a valid permit on July 9, 1992, or which has received a permit subsequent
							 to July 9, 1992, and which is required to meet performance or emission
							 standards or other requirements established subsequent to the issuance of the
							 existing permit, may contain a compliance schedule authorizing the source to
							 continue to operate out of compliance and requiring the source to achieve
							 compliance as soon as possible but no later than the time required by the act,
							 the Clean Air Act or the regulations thereunder.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES › Subchapter F - OPERATING PERMIT REQUIREMENTS › PERMIT APPLICATIONS › Section 127.411 - Content of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  application for an operating permit shall:
(1) Identify the location of the source and
						  the name, title, address and telephone number of the individual responsible for
						  the operation of the source.
(2)
						  Contain information that is requested by the Department and is necessary to
						  perform a thorough evaluation of the air contamination aspects of the
						  source.
(3) Include the information
						  contained in the plan approval application.
(4) Demonstrate that:
(i) The source is equipped with reasonable
						  and adequate facilities to monitor and record the emissions of air contaminants
						  and the operating conditions which may affect the emissions of air
						  contaminants.
(ii) The records are
						  being and will continue to be maintained.
(iii) The records will be submitted to the
						  Department at specified intervals or upon request.
(5) Demonstrate that the source is complying
						  with applicable requirements of this article and requirements promulgated by
						  the Administrator of the EPA under the Clean Air Act.
(6) Demonstrate that the emissions from a new
						  source are the minimum attainable through the use of the best available
						  technology as required by the plan approval.
(7) Demonstrate that the source is not
						  preventing or adversely affecting the attainment or maintenance of ambient air
						  quality standards when requested by the Department.
(8) Contain a plan of action for the
						  reduction of emissions during each level specified in Chapter 137 (relating to
						  air pollution episodes) when required by the Department.
(9) Demonstrate that the provisions of §
														127.413 (relating to municipal
						  notification) have been met. The applicant shall submit a copy of the
						  notification letter and proof that the notice was received.
(10) Contain a plan for dealing with air
						  pollution emergencies, when requested by the Department or when required by the
						  Clean Air Act or the regulations adopted under the act or the Clean Air
						  Act.
(11) Demonstrate that the
						  source and the air cleaning devices are being and will be operated and
						  maintained in accordance with good air pollution control practices.
(12) Contain a completed compliance review
						  form or reference the most recently submitted compliance review form for
						  facilities submitting compliance review forms on a periodic basis.