PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF
NATURAL RESOURCESARTICLE III. AIR RESOURCES CHAPTER 129. STANDARDS FOR SOURCES Corrective Amendment to 25 Pa. Code § 129.51 [41 Pa.B. 229]
[Saturday, January 8, 2011]The Department of Environmental Protection has discovered a discrepancy between the agency text of 25 Pa. Code § 129.51 (relating to general) as deposited with the Legislative Reference Bureau and the official text published at 40 Pa.B. 7340, 7354 (December 25, 2010). Amendments made to this section at 40 Pa.B. 7224, 7231 (December 18, 2010) were not incorporated into the December 25th version of the regulation.
Therefore, under 45 Pa.C.S. § 901, the Department of Environmental Protection has deposited with the Legislative Reference Bureau a corrective amendment to 25 Pa. Code § 129.51. The corrective amendment to 25 Pa. Code § 129.51 is effective as of December 25, 2010, the date the defective official text appeared in the Pennsylvania Bulletin.
The correct version of 25 Pa. Code § 129.51 appears in Annex A.
TITLE 25. ENVIRONMENTAL PROTECTION PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION Subpart C. PROTECTION OF
NATURAL RESOURCESARTICLE III. AIR RESOURCES CHAPTER 129. STANDARDS FOR SOURCES § 129.51. General.
(a) Equivalency. Compliance with §§ 129.52, 129.52a, 129.52b, 129.52c and 129.54—129.73 and 129.77 may be achieved by alternative methods if the following exist:
(1) The alternative method is approved by the Department in an applicable plan approval or operating permit, or both.
(2) The resulting emissions are equal to or less than the emissions that would have been discharged by complying with the applicable emission limitation.
(3) Compliance by a method other than the use of a low VOC coating, adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent or ink which meets the applicable emission limitation in §§ 129.52, 129.52a, 129.52b, 129.52c, 129.67, 129.73 and 129.77 shall be determined on the basis of equal volumes of solids.
(4) Capture efficiency testing and emissions testing are conducted in accordance with methods approved by the EPA.
(5) Adequate records are maintained to ensure enforceability.
(6) The alternative compliance method is incorporated into a plan approval or operating permit, or both, reviewed by the EPA, including the use of an air cleaning device to comply with § 129.52, § 129.52a, § 129.52b, § 129.52c, § 129.67, § 129.68(b)(2) and (c)(2), § 129.73 or § 129.77.
(b) New source performance standards. Sources covered by new source performance standards which are more stringent than those contained in this chapter shall comply with those standards in lieu of the standards found in this chapter.
(c) Demonstration of compliance. Test methods and procedures used to monitor compliance with the emission requirements of this section are those specified in Chapter 139 (relating to sampling and testing).
(d) Records. The owner or operator of a facility or source subject to the VOC emission limitations and control requirements in this chapter shall keep records to demonstrate compliance with the applicable limitation or control requirement.
(1) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met. Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard.
(2) The records shall be retained at least 2 years and shall be made available to the Department on request.
(3) An owner or operator claiming that a facility or source is exempt from the VOC control provisions of this chapter shall maintain records that clearly demonstrate to the Department that the facility or source is not subject to the VOC emission limitations or control requirements.
[Pa.B. Doc. No. 11-38. Filed for public inspection January 7, 2011, 9:00 a.m.]
