25 Pa. Code § 129.111 - Applicability

(a) Except as specified in subsection (c), the NO_x requirements of this section and §§ 129.112-129.115 apply Statewide to the owner and operator of a major NO_x emitting facility that commenced operation on or before August 3, 2018, and the VOC requirements of this section and §§ 129.112-129.115 apply Statewide to the owner and operator of a major VOC emitting facility that commenced operation on or before August 3, 2018, for which a requirement or emission limitation, or both, has not been established in §§ 129.51, 129.52(a)-(k) and Table I categories 1-11, 129.52a-129.52e, 129.54-129.63a, 129.64-129.69, 129.71-129.75, 129.77 and 129.101-129.107. The owner or operator shall identify and list the sources and facilities subject to this subsection in the written notification required under § 129.115(a) (relating to written notification, compliance demonstration and recordkeeping and reporting requirements) as follows:

(1) The sources and facilities that commenced operation on or before August 3, 2018, for which a requirement or emission limitation has not been established in §§ 129.51, 129.52(a)-(k) and Table I categories 1-11, 129.52a-129.52e, 129.54-129.63a, 129.64-129.69, 129.71-129.75, 129.77 and 129.101-129.107.

(2) The sources and facilities that commenced operation on or before August 3, 2018, and are subject to §§ 129.51, 129.52(a)-(k) and Table I categories 1-11, 129.52a-129.52e, 129.54-129.63a, 129.64-129.69, 129.71-129.75, 129.77 and 129.101-129.107.

(b) Except as specified in subsection (c), the NO_x requirements of this section and §§ 129.112-129.115 apply Statewide to the owner and operator of a NO_x emitting facility that commenced operation on or before August 3, 2018, and the VOC requirements of this section and §§ 129.112-129.115 apply Statewide to the owner and operator of a VOC emitting facility that commenced operation on or before August 3, 2018, when the installation and operation of a new source after August 3, 2018, or a modification or change in operation after August 3, 2018, of a source that commenced operation on or before August 3, 2018, results in the source or facility meeting the definition of a major NO_x emitting facility or a major VOC emitting facility and for which a requirement or an emission limitation, or both, has not been established in §§ 129.51, 129.52(a)-(k) and Table I categories 1-11, 129.52a-129.52e, 129.54-129.63a, 129.64-129.69, 129.71-129.75, 129.77 and 129.101-129.107. The owner or operator shall identify and list the sources and facilities subject to this subsection in the written notification required under § 129.115(a) as follows:

(1) The sources and facilities for which a requirement or emission limitation has not been established in §§ 129.51, 129.52(a)-(k) and Table I categories 1-11, 129.52a-129.52e, 129.54-129.63a, 129.64-129.69, 129.71-129.75, 129.77 and 129.101-129.107.

(2) The sources and facilities subject to §§ 129.51, 129.52(a)-(k) and Table I categories 1-11, 129.52a-129.52e, 129.54-129.63a, 129.64-129.69, 129.71-129.75, 129.77 and 129.101-129.107.

(c) Sections 129.112-129.114 do not apply to the owner and operator of a NO_x air contamination source that has the potential to emit less than 1 TPY of NO_x located at a major NO_x emitting facility subject to subsection (a) or (b) or a VOC air contamination source that has the potential to emit less than 1 TPY of VOC located at a major VOC emitting facility subject to subsection (a) or (b). The owner or operator shall identify and list these sources in the written notification required under § 129.115(a).

(d) Except as specified in subsection (e), this section and §§ 129.112-129.115 do not apply to the owner and operator of a facility that commenced operation on or before August 3, 2018, that is not a major NO_x emitting facility or a major VOC emitting facility on or before December 31, 2022.

(e) If the owner and operator of a facility that complied with subsection (d) meets the definition of a major NO_x emitting facility or a major VOC emitting facility after December 31, 2022, then the owner and operator shall comply with subsection (b).

Notes

25 Pa. Code § 129.111

The provisions of this § 129.111 added November 11, 2022, effective 11/12/2022, 52 Pa.B. 6960.

The provisions of this § 129.111 added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.113 (relating to facility-wide or system-wide NO_x emissions averaging plan general requirements); 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); and 25 Pa. Code § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).