(a) The owners and operators of major
NO
x emitting facilities may submit a written proposal to
the
Department as part of an
application for operating
permits to average
emissions to meet the RACT requirements of §
129.91 (relating to control of
major sources of NO
x and VOCs). Emission averaging which
complies with applicable
EPA requirements and is approved as an SIP revision,
and which meets the criteria in subsection (b) and is approved by the
Department shall satisfy the requirements of §
129.91. The
Department will
approve, deny or modify each averaging proposal.
(b) The
Department will not approve an
emission averaging proposal unless the proposal demonstrates compliance with
the following requirements to the
Department's satisfaction:
(1) The proposal shall demonstrate that the
aggregate emissions achieved through the RACT averaging proposal are less than
the sum of emissions that would be achieved by complying with the RACT
requirement on a source specific basis.
(2) The averaging proposal shall include a
tons per year emission cap and an emission rate such as pounds/million Btus for
each source in the averaging proposal that provide for verification and
enforcement of the averaging proposal.
(3) Emission reductions attributed to the
shutdown or curtailment of operation of a source may not be included in an
averaging proposal.
(4) The
proposal shall demonstrate that the ambient air quality impact resulting from
implementation of the averaging proposal is less than or equivalent to the
impact from each
source complying with the RACT requirements in §
129.91 and §§
129.92 and
129.93 (relating to RACT proposal
requirements; and presumptive RACT emission limitations) individually. The
demonstration shall consider the area of
emissions impact and the periods of
time of
emissions impact except as follows:
(i) For emission averaging involving sources
located within the same nonattainment area, the demonstration shall only
consider the periods of time of emissions impact.
(ii) For emission averaging involving sources
not located within the same nonattainment area which are located less than 200
kilometers from another source involved in the averaging proposal, the
demonstration shall only consider the periods of time of emissions
impact.
(5) The proposal
shall provide that each source involved in the averaging proposal shall be
required to use continuous emission monitors and record emissions following the
requirements of Chapter 139 (relating to sampling and testing). The
participating sources are required to establish telemetry links between the
sources and to provide real time emission data to all sources affected by the
averaging proposal. For an averaging proposal involving sources at a single
facility, the Department may approve alternate requirements provided the
proposal demonstrates that the alternate methodologies are credible, workable,
replicable and fully enforceable and adequately quantify emissions from all
sources participating in the averaging program.
(c) An averaging proposal shall be approved
by the EPA as an SIP revision before the averaging proposal may be
implemented.
(d) Every source or
facility involved in the approved averaging proposal is in violation of its
operating permit when a source or facility subject to the averaging proposal
exceeds an emission limitation or averaging requirement established under this
section.
(e) Additional emission
reductions required under the act or the Clean Air Act or the regulations
adopted under either the act or the Clean Air Act shall be in addition to and
not a substitute for the emission reductions required by the averaging
proposal.
