25 Pa. Code § 127.201 - General requirements
(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.
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