25 Pa. Code § 127.449 - De minimis emission increases
(a)
The Department may allow, as a condition of an operating permit, de minimis
emission increases from a new or existing source up to the amounts authorized
in this section.
(b) A de minimis
increase may not occur at a facility if it would do one or more of the
following:
(1) Increase the emissions of a
pollutant regulated under section 112 of the Clean Air Act (42 U.S.C.A. §
7412) except as authorized in subsection
(d)(4) and (5).
(2) Subject the
facility to the permit requirements of Subchapters D and E (relating to
prevention of significant deterioration of air quality; and new source
review).
(3) Violate an applicable
requirement of the act, the Clean Air Act or the regulations promulgated under
the act or the Clean Air Act.
(c) The permittee shall provide the
Department with 7 days prior written notice of any de minimis emission
increase. The notice shall identify and describe the pollutants that will be
emitted as a result of the de minimis emissions increase and provide emission
rates in tons/year and in terms necessary to establish compliance consistent
with any applicable requirement. The Department may disapprove or condition the
de minimis emission increase at any time.
(d) Except as provided in subsection (e), the
maximum de minimis emission rate increases, as measured in tons/year, that may
be authorized in the permit during the term of the permit are one or more of
the following:
(1) Four tons of carbon
monoxide from a single source during the term of the permit and 20 tons of
carbon monoxide at the facility during the term of the permit.
(2) One ton of the NOx
from a single source during the term of the permit and 5 tons of
NOx at the facility during the term of the
permit.
(3) One and six-tenths tons
of the oxides of sulfur from a single source during the term of the permit and
8.0 tons of the oxides of sulfur at the facility during the term of the
permit.
(4) Six-tenths of a ton of
PM10 from a single source during the term of the permit
and 3.0 tons of PM10 at the facility during the term of
the permit. This shall include emissions of a pollutant regulated under section
112 of the Clean Air Act unless precluded by the Clean Air Act, the regulations
thereunder or this title.
(5) One
ton of VOCs from a single source during the term of the permit and 5 tons of
VOCs at the facility during the term of the permit. This shall include
emissions of a pollutant regulated under section 112 of the Clean Air Act
unless precluded by the Clean Air Act, the regulations thereunder or this
title.
(e) The Department
may allow, as a condition of an operating permit, installation of the following
minor sources:
(1) Air conditioning or
ventilation systems not designed to remove pollutants generated by or released
from other sources.
(2) Combustion
units rated at 2,500,000 or less Btu per hour of heat input.
(3) Combustion units with a rated capacity of
less than 10,000,000 Btu per hour of heat input fueled by natural gas supplied
by a public utility 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 an operating
permit. For the purpose of this section, commercial fuel oil shall be virgin
oil which has no reprocessed, recycled or waste material added.
(4) Space heaters which heat by direct heat
transfer.
(5) Laboratory equipment
used exclusively for chemical or physical analyses.
(f) Unless precluded by the Clean Air Act or
the regulations thereunder, the permit shield described in §
127.516 (relating to permit
shield) shall extend to changes made under this section.
(g) Emissions authorized under this section
shall be included in the monitoring, recordkeeping and reporting requirements
of the source.
(h) De minimis
emission threshold levels cannot be met by offsetting emission increases or the
emission decreases at the same source.
(i) The Department will maintain a list of de
minimis increases authorized by this section in the permit file for the
facility and shall publish a list of the de minimis increases in the
Pennsylvania Bulletin within 60 days of the receipt of notice
for the source.
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