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 127.201 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person may not cause or permit the construction or modification of an air
						contamination facility in a nonattainment area or having an impact on a
						nonattainment area unless the Department or an approved local air pollution
						control agency has determined that the requirements of this subchapter have
						been met.
(b) The nonattainment
						area classification that applies for offset trading and offset ratio selection
						shall be the highest classification designated by the EPA Administrator in
						40 CFR
						81.339 (relating to Pennsylvania) or by
						operation of law.
(c) The NSR
						requirements of this subchapter also apply to a facility located in an
						attainment area for ozone and within an ozone transport region that emits or
						has the potential to emit at least 50 TPY of VOC or 100 TPY of
						NOx. A facility within either an
						unclassifiable/attainment area for ozone or within a marginal or incomplete
						data nonattainment area for ozone or within a basic nonattainment area for
						ozone and located within an ozone transport region will be considered a major
						facility and shall be subject to the requirements applicable to a major
						facility located in a moderate nonattainment area.
(d) The NSR requirements of this subchapter
						apply to an owner or operator of a facility at which a net emissions increase
						that is significant would occur as determined in accordance with §
												127.203a (relating to
						applicability determination). If an emissions increase meets or exceeds the
						applicable emissions rate that is significant as defined in §
												121.1 (relating to definitions),
						the facility is subject to the permitting requirements under §
												127.205 (relating to special
						permit requirements). An emissions increase subject to this subchapter must
						also be offset through the use of ERCs at the offset ratios specified in §
												127.210 (relating to offset
						ratios). The generation, use, transfer and registration requirements for ERCs
						are listed in §§ 127.206-127.209.
(e) In the event of an inconsistency between
						this rule and any other rule promulgated by the Department, the inconsistency
						must be resolved by the application of the more stringent provision, term,
						condition, method or rule.
(f) A
						facility located in Bucks, Chester, Delaware, Montgomery or Philadelphia
						Counties that emits or has the potential to emit at least 25 TPY of VOC or
						NOx will be considered a major facility and shall be
						subject to the requirements applicable to a major facility located in a severe
						nonattainment area for ozone.
(g)
						PM2.5 and PM-10 emissions include gaseous emissions from
						a facility or activity that condense to form PM at ambient temperatures, if
						present, in accordance with the following requirements:
(1) Beginning January 1, 2011, or an earlier
						date established by the Administrator of the EPA, condensable PM shall be
						accounted for in applicability determinations and for
						PM2.5 and PM-10 emission limitations established in a
						plan approval or operating permit issued under this chapter.
(2) Compliance with emissions limitations for
						PM2.5 and PM-10 issued prior to January 1, 2011, or an
						earlier date established by the Administrator, may not be based on condensable
						PM unless required by the terms and conditions of a plan approval, operating
						permit or the SIP.
(3)
						Applicability determinations made prior to January 1, 2011, or an earlier date
						established by the Administrator, without accounting for condensable PM may not
						be considered in violation of this subchapter unless the applicable plan
						approval, operating permit or SIP includes requirements for condensable
						PM.