25 Pa. Code § 129.113 - Facility-wide or system-wide NO[x] emissions averaging plan general requirements

(a) The owner or operator of a major NO_x emitting facility subject to § 129.111 (relating to applicability) that includes at least one air contamination source subject to a NO_x RACT emission limitation in § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) that cannot meet the applicable NO_x RACT emission limitation may elect to meet the applicable NO_x RACT emission limitation in § 129.112 by averaging NO_x emissions on either a facility-wide or system-wide basis. System-wide emissions averaging must be among sources under common control of the same owner or operator within the same ozone nonattainment area in this Commonwealth.

(b) The owner or operator of each facility that elects to comply with subsection (a) shall submit a NO_x emissions averaging plan in writing or electronically to the Department or appropriate approved local air pollution control agency as part of an application for an operating permit modification or a plan approval, if otherwise required. The application incorporating the requirements of this section shall be submitted by the applicable date as follows:

(1) December 31, 2022, for a source subject to § 129.111(a).

(2) December 31, 2022, or 6 months after the date that the source meets the definition of a major NO_x emitting facility, whichever is later, for a source subject to § 129.111(b).

(c) Each NO_x air contamination source included in the application for an operating permit modification or a plan approval, if otherwise required, for averaging NO_x emissions on either a facility-wide or system-wide basis submitted under subsection (b) must be an air contamination source subject to a NO_x RACT emission limitation in § 129.112.

(d) The application for the operating permit modification or the plan approval, if otherwise required, for averaging NO_x emissions on either a facility-wide or system-wide basis submitted under subsection (b) must demonstrate that the aggregate NO_x emissions emitted by the air contamination sources included in the facility-wide or system-wide NO_x emissions averaging plan are not greater than the NO_x emissions that would be emitted by the group of included sources if each source complied with the applicable NO_x RACT emission limitation in § 129.112 on a source-specific basis.

(e) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)-(d) may include facility-wide or system-wide NO_x emissions averaging only for NO_x emitting sources or NO_x emitting facilities that are owned or operated by the applicant.

(f) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)-(e) must include the following information:

(1) Identification of each air contamination source included in the NO_x emissions averaging plan.

(2) Each air contamination source's applicable emission limitation in § 129.112.

(3) Methods for demonstrating compliance and recordkeeping and reporting requirements in accordance with § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements) for each source included in the NO_x emissions averaging plan submitted under subsection (b).

(g) An air contamination source or facility included in the facility-wide or system-wide NO_x emissions averaging plan submitted in accordance with subsections (b)-(f) may be included in only one facility-wide or system-wide NO_x emissions averaging plan.

(h) The Department or appropriate approved local air pollution control agency will:

(1) Review the timely and complete NO_x emissions averaging plan submitted in accordance with subsections (b)-(g).

(2) Approve the NO_x emissions averaging plan submitted under subsection (b), in writing, if the Department or appropriate approved local air pollution control agency is satisfied that the NO_x emissions averaging plan complies with the requirements of subsections (b)-(g) and that the proposed NO_x emissions averaging plan is RACT for the air contamination sources.

(3) Deny or modify the NO_x emissions averaging plan submitted under subsection (b), in writing, if the proposal does not comply with the requirements of subsections (b)-(g).

(i) The proposed NO_x emissions averaging plan submitted under subsection (b) will be approved, denied or modified under subsection (h) by the Department or appropriate approved local air pollution control agency in accordance with Chapter 127 (relating to construction, modification, reactivation and operation of sources) prior to the owner or operator implementing the NO_x emissions averaging plan.

(j) The owner or operator of an air contamination source or facility included in the facility-wide or system-wide NO_x emissions averaging plan submitted in accordance with subsections (b)-(g) shall submit the reports and records specified in subsection (f)(3) to the Department or appropriate approved local air pollution control agency to demonstrate compliance with § 129.115.

(k) The owner or operator of an air contamination source or facility included in a facility-wide or system-wide NO_x emissions averaging plan submitted in accordance with subsections (b)-(g) that achieves emission reductions in accordance with other emission limitations required under the act or the Clean Air Act, or regulations adopted under the act or the Clean Air Act, that are not NO_x RACT emission limitations may not substitute those emission reductions for the emission reductions required by the facility-wide or system-wide NO_x emissions averaging plan submitted to the Department or appropriate approved local air pollution control agency under subsection (b).

(l) The owner or operator of an air contamination source subject to a NO_x RACT emission limitation in § 129.112 that is not included in a facility-wide or system-wide NO_x emissions averaging plan submitted under subsection (b) shall operate the source in compliance with the applicable NO_x RACT emission limitation in § 129.112.

(m) The owner and operator of the air contamination sources included in a facility-wide or system-wide NO_x emissions averaging plan submitted under subsection (b) shall be liable for a violation of an applicable NO_x RACT emission limitation at each source included in the NO_x emissions averaging plan regardless of each individual facility's NO_x emission rate.

(n) The Department will submit each NO_x emissions averaging plan approved under subsection (i) to the Administrator of the EPA for approval as a revision to the SIP. The owner and operator of the facility shall bear the costs of public hearings and notifications, including newspaper notices, required for the SIP submittal.

Notes

25 Pa. Code § 129.113

The provisions of this § 129.113 added November 11, 2022, effective 11/12/2022, 52 Pa.B. 6960.

The provisions of this § 129.113 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 § 129.111 (relating to applicability); and 25 Pa. Code § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).