Section 129.51. General

(a) Equivalency. Compliance with § § 129.52, 129.52a, 129.52b, 129.52c, 129.54—129.69, 129.71—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, cleanup solvent, cleaning solution, fountain solution or ink which meets the applicable emission limitation in § § 129.52, 129.52a, 129.52b, 129.52c, 129.67, 129.67a, 129.67b, 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, § 129.67a, § 129.67b, § 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 in this chapter.

(c) Demonstration of compliance. Unless otherwise set forth in this chapter, 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 one or more of 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 applicable emission limitation or control requirement is 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 maintained onsite for 2 years, unless a longer period is required by a plan approval or operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources). The records shall be made available to the Department on request.

(e) Demonstration of exempt status. The owner or operator of a facility or source claiming that the 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 of this chapter.

The provisions of this § 129.51 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1534; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720; amended April 9, 1999, effective April 10, 1999, 29 Pa.B. 1879; amended September 10, 2010, effective September 11, 2010, 40 Pa.B. 5132; amended November 19, 2010, effective November 20, 2010, 40 Pa.B. 6646; amended December 17, 2010, effective December 18, 2010, 40 Pa.B. 7224; amended December 24, 2010, effective December 25, 2010, 40 Pa.B. 7340; corrected January 8, 2011, effective December 25, 2010, 41 Pa.B. 229; amended June 27, 2014, effective June 28, 2014, 44 Pa.B. 3929. Immediately preceding text appears at serial pages (355182) to (355183).

Notation

Authority

The provisions of this § 129.51 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).

Cross References

This section cited in 25 Pa. Code § 127.44 (relating to public notice); 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.67a (relating to control of VOC emissions from flexible packaging printing presses); 25 Pa. Code § 129.67b (relating to control of VOC emissions from offset lithographic printing presses and letterpress printing presses); 25 Pa. Code § 129.73 (relating to aerospace manufacturing and rework); 25 Pa. Code § 129.81 (relating to organic liquid cargo vessel loading and ballasting); and 25 Pa. Code § 129.91 (relating to control of major sources of NO_x and VOCs).