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 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › GENERAL PROVISIONS › Section 126.502 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements apply to
						  new heavy-duty diesel engines and vehicles with a GVWR of greater than 14,000
						  pounds that are sold, leased, offered for sale or lease, imported, delivered,
						  purchased, rented, acquired or received in this Commonwealth starting with the
						  model year beginning after May 11, 2004, and each model year
						  thereafter.
(b) The California
						  Exhaust Emission Standards and Test Procedures for 1985 and Subsequent
						  Heavy-Duty Engines and Vehicles, Title 13 CCR, Division 3, Chapter 1, Article
						  2, §
													1956.8 are adopted and
						  incorporated by reference to the extent that they pertain to the requirements
						  for heavy-duty diesel engines and vehicles with a GVWR of greater than 14,000
						  pounds.
(c) The California
						  Enforcement of Vehicle Emission Standards and Surveillance Testing, Title 13
						  CCR, Division 3, Chapter 2, Article 1.5, § 2065, are adopted and
						  incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › GENERAL PROVISIONS › Section 126.503 - Emission requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Starting with the model year beginning after May 11, 2004, a person may not
						  sell, import, deliver, purchase, lease, rent, acquire or receive a new
						  heavy-duty diesel engine or vehicle, subject to the Pennsylvania Heavy-Duty
						  Diesel Emissions Control Program requirements, in this Commonwealth that has
						  not received a CARB Executive Order for all applicable requirements of Title 13
						  CCR, adopted and incorporated by reference.
(b) Starting with the model year beginning
						  after May 11, 2004, a manufacturer may elect to include its heavy-duty diesel
						  engines or vehicles delivered for sale in this Commonwealth in the emissions
						  averaging, banking and trading programs for heavy-duty diesel engines or
						  vehicles as provided under Title 13 CCR, Division 3, Chapter 1, Article 2,
						  §
													1956.8, adopted and incorporated
						  by reference.
(c) Starting with the
						  model year beginning after May 11, 2004, a manufacturer may elect to certify
						  any of its heavy-duty diesel engines or vehicles delivered for sale in this
						  Commonwealth to the optional emission standards as provided under Title 13 CCR,
						  Division 3, Chapter 1, Article 2, § 1956.8, adopted and incorporated by
						  reference.
(d) New heavy-duty
						  diesel engines and vehicles subject to this subchapter shall possess a valid
						  emissions control label that meets the requirements of Title 13 CCR, Division
						  3, Chapter 1, § 1965, adopted and incorporated by reference.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › GENERAL PROVISIONS › Section 126.504 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
The following new heavy duty diesel engines and
							 vehicles are exempt from the Pennsylvania Heavy-Duty Diesel Emissions Control
							 Program requirements of this subchapter:
(1) Emergency vehicles.
(2) A heavy-duty diesel vehicle transferred
						  by a dealer to another dealer.
(3)
						  A heavy-duty diesel vehicle transferred for use exclusively
						  off-highway.
(4) A heavy-duty
						  diesel vehicle granted a National security or testing exemption under section
						  203(b)(1) of the Clean Air Act (42 U.S.C.A. §
														7522(b)(1)).
(5) A heavy-duty diesel vehicle defined as a
						  military tactical vehicle or engine under Title 13 CCR, Division 3, Chapter 1,
						  Article 1, § 1905, adopted and incorporated by reference.
(6) A heavy-duty diesel vehicle sold after
						  May 11, 2004, if the vehicle was registered in this Commonwealth before May 11,
						  2004.
(7) A heavy-duty diesel
						  engine or vehicle for the model years 2005 and 2006 manufactured by an
						  ultra-small volume manufacturer as defined under Title 13 CCR, Division 3,
						  Chapter 1, Article 2, § 1976(f)(2), adopted and incorporated by
						  reference.
(8) For model years 2005
						  and 2006, an urban bus as defined under Title 13 CCR, Division 3, Chapter 1,
						  Article 2, §
													1956.2(b)(4),
						  adopted and incorporated by reference.
(9) A heavy-duty diesel engine or vehicle
						  that, following a technology review, CARB determines is inappropriate to
						  require compliance with the emission standards and other requirements under
						  Title 13 CCR, Division 3, Chapter 1, Article 2, § 1956.8 for a particular
						  model year.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › APPLICABLE HEAVY-DUTY ENGINE AND VEHICLE TESTING › Section 126.511 - New engine and vehicle certification testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to being offered for sale or lease
						  in this Commonwealth, new heavy-duty diesel engines and vehicles subject to the
						  Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this
						  subchapter shall be certified as meeting the heavy-duty diesel engine and
						  vehicle requirements of Title 13 CCR, Division 3, Chapter 1, Article 2, §
													1956.8 as determined by Title 13
						  CCR, Division 3, Chapter 2, Article 2, §§ 2101-2110, adopted and
						  incorporated by reference.
(b) For
						  purposes of complying with subsection (a), new vehicle certification testing
						  determinations and findings made by CARB apply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › APPLICABLE HEAVY-DUTY ENGINE AND VEHICLE TESTING › Section 126.512 - New engine and vehicle compliance testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior to being offered for sale or lease
						  in this Commonwealth, new heavy-duty diesel engines and vehicles subject to the
						  Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this
						  subchapter shall be certified as meeting the heavy-duty diesel engine and
						  vehicle requirements of Title 13 CCR, Division 3, Chapter 1, Article 2, §
													1956.8 as determined by Title 13
						  CCR, Division 3, Chapter 2, Article 2, §§ 2101-2110
,
adopted and incorporated by reference.
(b) For purposes of compliance with
						  subsection (a), new engine and vehicle compliance testing determinations and
						  findings made by CARB apply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › APPLICABLE HEAVY-DUTY ENGINE AND VEHICLE TESTING › Section 126.513 - Assembly line testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						  manufacturer of new heavy-duty diesel engines and vehicles subject to the
						  Pennsylvania Heavy-Duty Diesel Emission Control Program requirements of this
						  subchapter, certified by CARB and sold or leased in this Commonwealth, shall
						  conduct assembly line testing in accordance with Title 13 CCR, Division 3,
						  Chapter 2, Article 1, adopted and incorporated by reference.
(b) For purposes of compliance with
						  subsection (a), assembly line testing determinations and findings made by CARB
						  apply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › APPLICABLE HEAVY-DUTY ENGINE AND VEHICLE TESTING › Section 126.514 - In-use engine and vehicle enforcement testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purposes of detection and repair
						  of engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions
						  Control Program requirements which fail to meet the emission requirements of
						  Title 13 CCR, Division 3, Chapter 1, Article 2, §
													1956.8, the Department may, after
						  consultation with CARB, conduct in-use vehicle enforcement testing in
						  accordance with the protocol and testing procedures in Title 13 CCR, Division
						  3, Chapter 2, Article 2.3, §§ 2136-2140, adopted and incorporated by
						  reference.
(b) For purposes of
						  compliance with subsection (a), in-use engine and vehicle enforcement testing
						  determinations and findings made by CARB apply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › APPLICABLE HEAVY-DUTY ENGINE AND VEHICLE TESTING › Section 126.515 - In-use surveillance testing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For the purposes of testing and
						  monitoring, the overall effectiveness of the Pennsylvania Heavy-Duty Diesel
						  Emissions Control Program in controlling emissions, the Department may conduct
						  in-use surveillance testing after consultation with CARB, in accordance with
						  Title 13 CCR, Division 3, Chapter 2, Article 3, §§ 2150-2153, adopted
						  and incorporated by reference.
(b)
						  For purposes of program planning, in-use surveillance testing determinations
						  and findings made by CARB apply.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › ENGINE AND VEHICLE MANUFACTURERS' OBLIGATIONS › Section 126.521 - Warranty and recall

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  manufacturer of new heavy-duty diesel engines or vehicles subject to the
						  Pennsylvania Heavy-Duty Diesel Emissions Control Program requirements of this
						  subchapter which are sold, leased, or offered for sale or lease in this
						  Commonwealth shall warrant to the owner that each engine or vehicle shall
						  comply over its period of warranty coverage with the requirements of Title 13
						  CCR, Division 3, Chapter 1, Article 6, §§ 2036, 2039-2041 and 2046,
						  adopted and incorporated by reference.
(b) Each manufacturer of new heavy-duty
						  diesel engines or vehicles shall submit to the Department failure of
						  emission-related components reports, as defined in Title 13 CCR, Division 3,
						  Chapter 2, Article 2.4, § 2144, adopted and incorporated by reference, for
						  engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel Emissions
						  Control Program in compliance with the procedures in Title 13 CCR, Division 3,
						  Chapter 2, Article 2.4, §§ 2141-2149, adopted and incorporated by
						  reference.
(c) For heavy-duty
						  diesel engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel
						  Emissions Control Program, a voluntary or influenced emission-related recall
						  campaign initiated by any heavy-duty diesel engine or vehicle manufacturer
						  under Title 13 CCR, Division 3, Chapter 2, Article 2.1, §§ 2111-2121,
						  adopted and incorporated by reference, shall extend to all new heavy-duty
						  diesel engines or vehicles sold, leased or offered for sale or lease in this
						  Commonwealth.
(d) For heavy-duty
						  diesel engines and vehicles subject to the Pennsylvania Heavy-Duty Diesel
						  Emission Control Program, an in-use vehicle ordered recall under Title 13 CCR,
						  Division 3, Chapter 2, Article 2.2, §§ 2122-2135, adopted and
						  incorporated by reference, shall extend to all new heavy-duty diesel engines or
						  vehicles sold, leased or offered for sale or lease in this
						  Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › ENGINE AND VEHICLE MANUFACTURERS' OBLIGATIONS › Section 126.522 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						  the purposes of determining compliance with the Pennsylvania Heavy-Duty Diesel
						  Emissions Control Program, commencing with the model year beginning after May
						  11, 2004, each manufacturer shall submit annually to the Department, within 60
						  days of the end of each model year, a report documenting the total deliveries
						  for sale of engines and vehicles for each engine family over that model year in
						  this Commonwealth.
(b) For the
						  purposes of determining compliance with the Pennsylvania Heavy-Duty Diesel
						  Emissions Control Program, each heavy-duty diesel engine and vehicle
						  manufacturer shall submit annually to the Department, by March 1 of the
						  calendar year following the close of the completed calendar year, a report of
						  its heavy-duty diesel engines and vehicles delivered for sale in this
						  Commonwealth that were included in the emissions averaging, banking and trading
						  programs for heavy-duty diesel engines and vehicles within the provisions of
						  Title 13 CCR, Division 3, Chapter 1, Article 2, §
													1956.8.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › MOTOR VEHICLE DEALER RESPONSIBILITIES › Section 126.531 - Responsibilities of heavy-duty diesel highway vehicle dealers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A dealer may not sell, offer for sale or
						  lease, or deliver a new heavy-duty diesel engine or vehicle subject to this
						  subchapter without a valid emissions control label which meets the requirements
						  of Title 13 CCR, Division 3, Chapter 1, Article 2, § 1965, adopted and
						  incorporated by reference.
(b) A
						  dealer may not sell, offer for sale or lease, or deliver a new heavy-duty
						  diesel engine or vehicle subject to this subchapter unless the engine or
						  vehicle conforms to the standards and requirements under Title 13 CCR, Division
						  3, Chapter 2, Article 3, § 2151, adopted and incorporated by
						  reference.
(c) A dealer who
						  imports, sells, delivers, leases or rents an engine or vehicle subject to this
						  subchapter shall retain records concerning the transaction for at least 3 years
						  following the transaction.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 126 - MOTOR VEHICLE AND FUELS PROGRAMS › Subchapter E - PENNSYLVANIA HEAVY-DUTY DIESEL EMISSIONS CONTROL PROGRAM › MOTOR VEHICLE DEALER RESPONSIBILITIES › Appendix A - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
The provisions of this Appendix A issued under the
								Air Pollution Control Act (35 P. S. §§
																4001-4015); reserved 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 A - GENERAL › Section 127.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this article is to regulate air
						  contamination sources for the public welfare. Air quality shall be maintained
						  at existing levels in areas where the existing ambient air quality is better
						  than the applicable ambient air quality standards, and air quality shall be
						  improved to achieve the applicable ambient air quality standards in areas where
						  the existing air quality is worse than the applicable ambient air quality
						  standards. In accordance with this purpose, this chapter is designed to insure
						  that new sources conform to the applicable standards of this article and that
						  they do not result in producing ambient air contaminant concentrations in
						  excess of those specified in Chapter 131 (relating to ambient air quality
						  standards). New sources shall control the emission of air pollutants to the
						  maximum extent, consistent with the best available technology as determined by
						  the Department as of the date of issuance of the plan approval for the new
						  source.
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 A - GENERAL › Section 127.3 - Operational flexibility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						following regulations implement section 502(b)(10) of the Clean Air Act
						(42 U.S.C.A. §
													7661a(b)(10)) and section
						6.1(i) of the act (35 P.S. §
													4006.1(1)) related to
						operational flexibility:
(1) Section
						127.448 (relating to emissions
						trading at facilities with Federally enforceable emissions caps) authorizes
						emissions trading within a facility when there is a Federally enforceable
						emissions cap on emissions of air contaminants.
(2) Section
						127.449 (relating to de minimis
						emission increases) authorizes de minimis emissions increases without a permit
						amendment and continues the Department's existing program for exempting sources
						of minor significance contained in §
													127.14 (relating to
						exemptions).
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 127.11 - Plan approval requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Except as provided in §§
												127.11a and
						  127.215 (relating to reactivation
						  of sources; and reactivation), a person may not cause or permit the
						  construction or modification of an air contamination source, the reactivation
						  of an air contamination source after the source has been out of operation or
						  production for 1 year or more, or the installation of an air cleaning device on
						  an air contamination source, unless the construction, modification,
						  reactivation or installation has been approved by the Department.
This section cited in 25 Pa. Code §
														127.25 (relating to compliance
							 requirement); 25 Pa. Code §
														127.443 (relating to operating
							 permit requirements); and 25 Pa. Code §
														129.92 (relating to RACT proposal
							 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 B - PLAN APPROVAL REQUIREMENTS › Section 127.11a - Reactivation of sources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except
						as provided by §
												127.215 (relating to
						reactivation), a source which has been out of operation or production for at
						least 1 year but less than or equal to 5 years may be reactivated and will not
						be considered a new source if the following conditions are satisfied:
(1) The owner or operator shall, within 1
						year of the deactivation submit 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 source to be
						reactivated in accordance with the terms of the permit issued to the
						source.
(2) The owner or operator
						shall submit a reactivation plan to the Department for approval at least 60
						days prior to the proposed date of reactivation. The reactivation plan shall
						include sufficient measures to ensure that the source 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 reviewed
						by the Department as part of the plan approval or permit application or renewal
						process.
(3) The owner or operator
						of the source shall submit a notice to the Department within 1 year of
						deactivation requesting preservation of emissions in the inventory and
						indicating the intent to reactivate the source.
(4) The owner or operator of the source shall
						comply with the terms and conditions of the maintenance plan while the source
						is deactivated, and shall comply with the terms of the reactivation plan and
						operating permit upon reactivation.
(5) The owner or operator of the source with
						an approved reactivation plan and operating permit shall notify the Department
						in writing at least 30 days prior to reactivation of the
						source.
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 127.12 - Content of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						application for approval 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) Show that the source will be equipped
						with reasonable and adequate facilities to monitor and record the emissions of
						air contaminants and operating conditions which may affect the emissions of air
						contaminants and that the records are being and will continue to be maintained
						and that the records will be submitted to the Department at specified intervals
						or upon request.
(4) Show that the
						source will comply with applicable requirements of this article and
						requirements promulgated by the Administrator of the EPA under the Clean Air
						Act (42 U.S.C.A.
						§§
														7401-7706).
(5) Show that the emissions from a new source
						will be the minimum attainable through the use of the best available
						technology.
(6) Show that the
						source will not prevent or adversely affect the attainment or maintenance of
						ambient air quality standards when requested by the Department.
(7) 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.
(8) Show that the provisions of §
													127.43a (relating to municipal
						notification) have been met. The applicant shall submit a copy of the
						notification letter and proof that the notice was received.
(9) Contain a plan for dealing with air
						pollution emergencies, when requested by the Department, or when required by
						the Clean Air Act.
(10) Show that
						the source and the air cleaning devices are capable of being and will be
						operated and maintained in accordance with good air pollution control
						practices.
(11) Contain a completed
						compliance review form or reference the most recently submitted compliance
						review form for facilities submitting a compliance review form on a periodic
						basis.
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 127.12a - Compliance review

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						section describes the compliance review procedures applicable during the review
						of an application for a plan approval including a general plan
						approval.
(b) Each applicant for a
						plan approval shall, as part of the application or on a periodic basis as
						authorized under subsection (j), submit the compliance review on a form
						provided by the Department, signed by a corporate officer or other responsible
						official of the facility submitting the application and containing a
						verification that the information contained in the application is true and
						correct to the best of the signatory's belief formed after reasonable
						inquiry.
(c) The compliance review
						form shall provide information related to the compliance status of the
						applicant and related parties, including:
(1)
						The name, address, telephone number, taxpayer identification number and plan
						approval or application number.
(2)
						The form of management under which the applicant conducts its business and a
						brief description of the types of business activities performed.
(3) The name and location, including both the
						address and the municipality and county, telephone number and relationship to
						the applicant-parent, subsidiary or general partner-of the related parties in
						this Commonwealth.
(4) The name and
						business address of the plant manager and general partners of the
						applicant.
(5) A list of plan
						approvals and operating permits issued by the Department or the Allegheny
						County or Philadelphia County air pollution control agencies to the applicant
						or related parties that are in effect at the time of application or were in
						effect during the previous 5 years. The list shall include each plan approval
						and operating permit number, locations and expiration dates.
(6) A list of documented conduct and
						deviations by the applicant or related parties. The list shall include the
						date, location, plan approval or operating permit number, the nature of the
						documented conduct or deviation and the incident status-litigation,
						existing/continuing, corrected and date of correction. Unless otherwise
						specifically directed by the Department, the applicant is not required to
						report deviations which have been previously reported to the Department in
						writing under the requirements of this article related to monitoring and
						reporting 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 B - PLAN APPROVAL REQUIREMENTS › Section 127.12b - Plan approval terms and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A plan approval may contain terms and
						conditions the Department deems necessary to assure the proper operation of the
						source including the requirement for a compliance demonstration prior to
						issuance of an operating permit.
(b) At a minimum, each plan approval must
						incorporate by reference the emission and performance standards and other
						requirements of the act, the Clean Air Act or the regulations adopted under the
						act or the Clean Air Act.
(c) The
						plan approval must incorporate the monitoring, recordkeeping and reporting
						provisions required by Chapter 139 (relating to sampling and testing) and other
						monitoring, recordkeeping or reporting requirements of this article and
						additional requirements related to monitoring, recordkeeping and reporting
						required by the Clean Air Act and the regulations thereunder, including, if
						applicable, the enhanced monitoring requirements of 40 CFR Part 64 (relating to
						enhanced monitoring).
(d) The plan
						approval must authorize temporary operation to facilitate shakedown of sources
						and air cleaning devices, to permit operations pending issuance of a permit
						under Subchapter F (relating to operating permit requirements) or Subchapter G
						(relating to Title V operating permits) or to permit the evaluation of the air
						contamination aspects of the source. This temporary operation period will be
						valid for a limited time, not to exceed 180 days, but may be extended for
						additional limited periods, each not to exceed 180 days.
(e) Temporary operation will not be
						authorized or extended under this section which may circumvent the requirements
						of this chapter.
The provisions of this §
														127.12b 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 127.12c - Plan approval reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Each source shall submit reports to the Department
						  containing the information the Department may prescribe relative to the
						  operation and maintenance of the source.
This section cited in 25 Pa. Code §
														127.44 (relating to public
							 notice).
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 127.12d - Completeness determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Department will determine if an application for plan approval is
						administratively complete and will provide written notice of the completeness
						determination to the applicant within 30 days of receipt of an
						application.
(b) For purposes of
						this section, an application is administratively complete if it contains the
						necessary information, maps, fees and other documents requested in the plan
						approval application, regardless of whether the information, maps and documents
						would be sufficient to justify issuance of the plan approval.
(c) If the Department determines that the
						application is not administratively complete, the Department will send the
						applicant a written statement of the specific information, maps, fees and
						documents that are required to make the application administratively complete.
						If the applicant does not provide the requested information to the Department
						within 10 working days of receipt of the request, the Department will return
						the application and fees to the applicant.
The provisions of this §
														127.12d issued 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 127.13 - Extensions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Approval
						granted by the Department will be valid for a limited time, as specified by the
						Department in the approval. Except as provided in §§
												127.11a and
						127.215 (relating to reactivation
						of sources; and reactivation), at the end of the time, if the construction,
						modification, reactivation or installation has not been completed, a new plan
						approval application or an extension of the previous approval will be
						required.
(b) If the construction,
						modification or installation is not commenced within 18 months of the issuance
						of the plan approval or if there is more than an 18-month lapse in
						construction, modification, or installation, a new plan approval application
						that meets the requirements of this subchapter and Subchapters D and E
						(relating to prevention of significant deterioration of air quality; and new
						source review) shall be submitted. The Department may extend the 18-month
						period upon a satisfactory showing that an extension is justified.
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 127.13a - Plan approval changes for cause

Current through Register Vol. 54, No. 28, July 13, 2024
A plan approval may be terminated, modified, suspended
						  or revoked and reissued if one or more of the following applies:
(1) The permittee constructs or operates the
						source subject to the plan approval in violation of the act, the Clean Air Act,
						the regulations promulgated under the act or the Clean Air Act, a plan approval
						or permit or in a manner that causes air pollution.
(2) The permittee fails to properly or
						adequately maintain or repair an air pollution control device or equipment
						attached to or otherwise made a part of the source.
(3) The permittee fails to submit a report
						required by the plan approval.
(4)
						The EPA determines that the plan approval is not in compliance with 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 B - PLAN APPROVAL REQUIREMENTS › Section 127.13b - Denial of plan approval application

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will deny a plan approval
						for a source if one or more of the following applies:
(1) The Department has determined that the
						source is likely to cause air pollution or to violate the act, the Clean Air
						Act or the regulations promulgated under the act or the Clean Air Act
						applicable to the source.
(2) In
						the design of the source, provision has not been made for adequate
						demonstration and verification of compliance, including source testing or
						alternative means to demonstrate and verify compliance.
(3) The EPA has notified the Department in
						writing that the plan approval is not in compliance with the Clean Air Act or
						the regulations thereunder.
(4) The
						applicant or a related party has a violation or lack of intention or ability to
						comply that appears on the compliance docket.
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 127.13c - Notice of basis for certain plan approval decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the Department denies a plan
						approval application or terminates, modifies, suspends or revokes a plan
						approval already issued, the action shall be in the form of a written notice to
						the person affected informing the person of the action taken by the Department
						and setting forth in the notice a full and complete statement of the reasons
						for the action.
(b) The notice
						required by subsection (a) will be served upon the person affected either by
						hand delivery or by certified mail return receipt requested.
(c) The Department will publish a notice and
						brief description of the action in the
Pennsylvania Bulletin
.
(d) The action in the notice shall
						be final and not subject to review unless, within 30 days of the service of the
						notice, a person affected thereby appeals to the EHB setting forth the grounds
						relied upon.
This section cited in 25 Pa. Code §
														127.44 (relating to public
							 notice).
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 127.14 - Exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Plan approval
						is not required for the construction, modification, reactivation or
						installation of the following:
(1) Air
						conditioning or ventilation systems not designed to remove pollutants generated
						by or released from other sources.
(2) Combustion units rated at 2.5 million or
						less Btus per hour of heat input.
(3) Combustion units with a rated capacity of
						less than 10 million Btu per hour of heat input fueled by natural gas supplied
						by a public utility, liquified petroleum gas or by commercial fuel oils which
						are No. 2 or lighter-viscosity less than or equal to 5.82 C St-and which meet
						the sulfur content requirements of §
													123.22 (relating to combustion
						units). Combustion units converting to fuel oils which are No. 3 or
						heavier-viscosity greater than 5.82 C St-or contain sulfur in excess of the
						requirements of §
													123.22 require approval. For the
						purpose of this section, commercial fuel oil shall be virgin oil which has no
						reprocessed, recycled or waste material added.
(4) Sources used in residential premises
						designed to house four or less families.
(5) Space heaters which heat by direct heat
						transfer.
(6) Mobile
						sources.
(7) Laboratory equipment
						used exclusively for chemical or physical analyses.
(8) Other sources and classes of sources
						determined to be of minor significance by the Department.
(9) Physical changes to sources when the
						Department has determined the physical changes to be of minor
						significance.
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 127.21 - 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 127.22 - 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 127.23 - 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 127.24 - 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 127.25 - Compliance requirement

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not cause or permit the operation of a
						  source subject to §
												127.11 (relating to plan approval
						  requirements), unless the source and air cleaning devices identified in the
						  application for the plan approval and the plan approval issued to the source,
						  are operated and maintained in accordance with specifications in the
						  application and conditions in the plan approval issued by the Department. A
						  person may not cause or permit the operation of an air contamination source
						  subject to this chapter in a manner inconsistent with good operating
						  practices.
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 127.31 - 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 127.32 - Transfer of plan approvals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						plan approval may not be transferred from one person to another except when a
						change of ownership is demonstrated to the satisfaction of the Department and
						the Department approves the transfer of the plan approval in writing.
(b) Section
						127.12a (relating to compliance
						review) applies to a request for transfer of a plan approval.
(c) A plan approval is valid only for that
						specific source and that specific location of the source as described in the
						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 B - PLAN APPROVAL REQUIREMENTS › Section 127.33 - 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 127.34 - 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 127.36 - Health risk-based emission standards and operating practice requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						section describes the process for establishing health risk-based emission
						standards and operating practice requirements.
(b) When needed to protect public health,
						welfare and the environment from emissions of hazardous air pollutants from new
						and existing sources, the Department may impose health risk-based emission
						standards or operating practice requirements, except as precluded by section
						6.6(d)(2) and (3) of the act (35 P. S. §
													4006.6(d)(2) and
						(3)).
(c) In developing health risk-based emission
						standards or operating practice requirements, the Department will provide an
						explanation and rationale for the standards or requirements.
(d) The Department will provide for public
						review and comment on a plan approval, guideline and regulation which contains
						a health risk-based emission standard or operating practice
						requirement.
(e) Standards or
						requirements adopted under this section shall be developed using an analysis
						which, among other factors, considers, when appropriate for a source or source
						category, the criteria in section 112(f)(1) of the Clean Air Act (42 U.S.C.A. §
													7412(f)(1)), in assessing
						the proposed risk to the public health, welfare and the environment from the
						source.
(f) The standards
						established under this section shall be incorporated into the plan approval of
						each source within the category or subcategory for which the health risk-based
						performance or emission standard has been established. The Department has the
						authority to require, in the plan approval and operating permit, reasonable
						monitoring, recordkeeping and reporting requirements for sources which emit
						hazardous air pollutants.
(g) A
						person challenging a performance or emission standard established by the
						Department has the burden to demonstrate that the performance or emission
						standard does not meet the requirements of section 112 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 B - PLAN APPROVAL REQUIREMENTS › Section 127.41 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024