air quality permit exemptions

8/14/2019 Air Quality Permit Exemptions

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DEPARTMENT OF ENVIRONMENTAL PROTECTION

Bureau of Air Quality

DOCUMENT NUMBER: 275-2101-003

TITLE: Air Quality Permit Exemptions

EFFECTIVE DATE: Upon publication of notice as final in the Pennsylvania Bulletin.

AUTHORITY: Act of January 8, 1960, P.L. (1959) 2119, No 787, as amended, known asThe Air Pollution Control Act, (35 P.S. 4001 et seq.)

POLICY: Plan Approval and Operating Permit Exemptions

PURPOSE: The Policy identifies which sources or classes of sources and physical

changes to sources that are determined to be of minor significance and

exempt from plan approval or permitting requirements.

APPLICABILITY: Staff/Regulated Public

DISCLAIMER: The policies and procedures outlined in this guidance are intended to

supplement existing requirements. Nothing in the policies or procedures

shall affect regulatory requirements.

The policies and procedures herein are not an adjudication or a regulation.

There is no intent on the part of DEP to give the rules in these policies thatweight or deference. This document establishes the framework within

which DEP will exercise its administrative discretion in the future. DEPreserves the discretion to deviate from this policy statement if

circumstances warrant.

PAGE LENGTH: 22 pages

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TABLE OF CONTENTS

I. Listing of Plan Approval Exemptions.................................................................................... 1

A. Section 127.14(a) Exemptions ................................................................................... 1B. Section 127.14(a) (8) exemptions that do not require submission of a RFD form.... 2

C. Section 127.14(a) (8) exemptions that require the submission of a RFD form......... 6

D. Further Qualifications Regarding Plan Approval Exempted Sources ....................... 9

II. Physical. Physical Changes Qualifying for Exemption under Section 127.14(a) (9)............ 10

III. Exemption. Exemption Criteria for Operating Permits ......................................................... 14

A. Exempted Facility and Source Categories for Operating Permits ............................. 15

B. Trivial Activities ........................................................................................................ 15

Measurements, Abbreviations and Acronyms ................................................................................... 20

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275-2101-003/ April 16, 2010 / Page 1

COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

BUREAU OF AIR QUALITY

Plan Approval and Operating Permit Exemptions

Consistent with the applicable provisions in the Pennsylvania Air Pollution Control Act (APCA),35 P.S. 4001 et seq., and 25 Pa. Code 127.14 (relating to exemptions), the Department of

Environmental Protection (Department or DEP ) may determine sources or classes of sources and

physical changes to sources to be of minor significance and exempt from the plan approval andpermitting requirements of 25 Pa. Code Chapter 127 (relating to construction, modification, reactivation

and operation of sources). This guidance document identifies the following: exemptions under Section

127.14(a); exemptions under Section 127.14(a)(8), that do not require submission of a Request forDetermination (RFD) form and exemption criteria that the Department may use when an owner or

operator of a source or a facility seeking an exemption; further qualifications regarding sources exempt

from plan approval requirements; exemptions under Section 127.14(a)(9) related to physical changes;

and exemption criteria for operating permits. This guidance document is applicable to new or modifiedsources constructed after the effective date of this document. The document does not apply to sources

which were constructed or modified prior to the effective date of this guidance document and operatinglawfully without a permit. Sources exempted from plan approval requirements are not automaticallyexempted from the operating permit requirements.

Words and terms that are not defined in this document shall have the meaning set forth in 25 Pa. Code121.1 (relating to definitions).

I. Listing of Plan Approval Exemptions

A. Section 127.14(a) Exemptions

In accordance with 25 Pa. Code 127.14(a), a Plan Approval is not required for theconstruction, modification, reactivation or installation for the following sources.

1. Air conditioning or ventilation systems not designed to remove pollutants

generated by or released from other sources.

2. Combustion units rated at 2.5 million or less Btus per hour of heat input.

3. Combustion units with a rated capacity of less than 10 million Btus per hour ofheat input fueled by natural gas supplied by a public utility or by commercial fuel

oils which are No. 2 or lighter-viscosity less than or equal to 5.82 C St--and which

meet the sulfur content requirements of 123.22 (relating to combustion units).Combustion units converting to fuel oils which are No. 3 or heavier-viscositygreater than 5.82 C St or contain sulfur in excess of the requirements of 123.22

require approval. For the purpose of this section, commercial fuel oil shall be

virgin oil which contains no reprocessed, recycled, or waste material added.

4. Sources used in residential premises designed to house four or less families.

5. Space heaters which heat by direct heat transfer.


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6. Mobile sources.

7. Laboratory equipment used exclusively for chemical or physical analyses.

8. Other sources and classes of sources determined to be of minor significance by

the Department.

B. Section 127.14(a) (8) exemptions that do not require submission of a RFD form

In accordance with 25 Pa. Code 127.14(a)(8), the sources and classes of sources listed

in this section were determined to be of minor significance. The owner/operator of a

facility does not need to submit a Request for Determination of Changes of MinorSignificance and Exemption from Plan Approval/Operating Permit (RFD) Form for the

following sources and classes of sources, which are exempt from the Plan Approval

requirements in 25 Pa. Code 127.11 and 127.12. Unless labeled otherwise, emission

rates are to be considered actual tons per year (tpy).

Note that certain exceptions and qualifications regarding this list are contained in thediscussion that follows the list.

1. Reserved.

2. Shot blast and sandblasting units with appropriately designed fabric collectors,

cartridge collectors or scrubbers manufactured as an integral part of the design

and which have exhaust volumes equal to or smaller than 5,000 scfm.

3. A combustion turbine rated at less than 1,000 horsepower or 10.7 gigajoules perhour.

4. Reserved. See Category No. 45.

5. Portable, temporary internal combustion engines used for 14 days or less at

special events (such as county fairs, circuses and concerts).


7. A natural gas-fired heat-treating furnace with less than 10 million Btus per hourheat input (fuel burning emissions only).

8. Steam-aspirated vacuum degassing of molten steel.

9. Reserved.

10. Wet sand and gravel screening operations.

11. Reserved.

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12. Portable crushers that are located at a facility for 60 calendar days or less and

operated between 8 am to 5pm. The portable crushers shall be controlled with

properly located and operating water sprays or with fabric filters; provided that

the crushers do not process materials containing asbestos. This exemptionincludes associated screens and drop points, and tub grinders used to mulch

grubbing waste. For Internal combustion engines, see Category 45.

13. Reserved.



16. Storage vessels containing non-VOC, non-malodorous, or non-hazardous air

pollutant materials (non-HAPs).

17. Storage and dispensing facilities for organic liquid, including Diesel fuel, Nos. 2,4 and 6 fuel oils, or kerosene and jet fuel provided that the stored or dispensed

product has a vapor pressure less than 1.5 psia or uncontrolled emissions arebelow 2.7 tpy of VOCs. If VOCs contain HAPs emissions, comply with CategoryNo. 44 for HAPs exemption.

18. Covered wastewater transfer systems such as covered junction boxes, sumps, andtanks at industrial sites.

19. Plastic bead or pellet milling, screening, and storage operations (does not includehandling and storage of resin powders).

20. Reserved.

21. Tire buffing.

22. Paper trimmers/binders.

23. Vocational education shops, and chemistry laboratories at schools and colleges.

24. Bench-scale laboratory equipment used for kinetic studies, mass/energy transport

studies, chemical synthesis and physical or chemical analysis.

25. Research and development activities as defined in 25 Pa. Code Chapter 121 with

annual emission rates:

i. less than or equal to 10 tpy of CO;

ii less than or equal to 0.06 tpy of lead;

iii. less than or equal to 1.5 tpy of non-HAP PM10;

iv. less than or equal to 4 tpy of SO2 or non-HAP VOC;

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v. less than or equal to 5 tpy of NOx;

vi. less than 1000 lbs/yr of a single HAP or one tpy of a combination of HAPsthat does not include Polychlorobiphenols (PCBs), Chromium, Mercury

(Hg), Lead (Pb), Polycyclic Organic Matter (POM), Dioxins and Furans

26. Woodworking facilities including sawmills and pallet mills which process green

wood; or, small woodworking facilities processing kiln-dried wood or wood

products (flakeboard, particleboard, etc.) associated with pattern shops, retaillumber yards, shipping and packing departments, etc. This category also includes

woodworking facilities of any size processing kiln-dried wood or wood products

equipped with appropriately designed fabric collectors designed to have emissionrates less than 0.01 gr/dscf.

The exemption in this category does not apply to woodworking facilities

processing wood that has been treated with a wood preservative of any kind. Theterm woodworking facilities refers only to operations in which wood or a

wood product is sawed, sanded, planed, or similarly shaped or reshaped. Theterm does not include such activities as painting, finishing, hardboardmanufacturing, plywood manufacturing, and the like.

27. Smokehouses.

28. Slaughterhouses (rendering cookers remain subject to the requirements of

127.11).

29. Restaurant operations.

30. Degreasing operations emitting less than 2.7 tons of VOCs, not subject to theFederal NESHAP for halogenated solvent cleaners under 40 CFR Part 63 using

solvents containing no more than 5% VOC by weight.

31. Sources of uncontrolled VOC emissions less than 2.7 tpy not addressed elsewhere

in this exemption at facilities that do not include multiple sources of aircontaminants. Facilities claiming this exemption must provide a 15-day prior

written notification to the Department and limit VOC emission increases to less

that 2.7 tpy. If VOCs contain HAPs emissions, comply with Category No. 44 forHAPs exemption.

32. Dry-cleaning facilities that are not subject to 129.70, NSPS, PSD or NSRrequirements.

33. Retail gasoline stations and similar vehicle-fueling operations at industrial plant

sites.

34. Sources of particulate matter at facilities that do not include multiple sources of

air contaminants, (not subject to NESHAPs, NSPS, PSD, or major sourcerequirements) that are controlled by a baghouse, have an emission rate which

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meets the limits of Chapter 123, and are exhausted indoors and cannot be

bypassed to exhaust to the outdoor atmosphere.

35. Sources emitting inert gases only, such as argon, helium, krypton, neon, andxenon; pure constituents of air such as nitrogen, oxygen; and ethane.

36. Source(s) authorized under 127.449 as de minimis emission increases atfacilities with valid operating permits.


38. Oil and gas exploration and production facilities and operations (include wells

and associated equipment and processes), not located at a major source, meetingthe following requirements:

i. All engines used at a facility shall not emit combined NOxemissions of

more than 100 lbs/hr, 1000 lbs/day, 2.75 tons per ozone season (periodbeginning May 1 of each year and ending on September 30 of the same

year) and 6.6 tons per year on a 12-month rolling basis.

ii. Sources of uncontrolled VOC emissions shall not emit more than 2.7 tpy.

If VOCs contain HAPs emissions, the HAP exemption criteria in

Paragraph v of this category must be met.

iii. Temporary flares used at the drilling site shall not operate more than

14 days at each site.

iv. The owner or operator of liquid storage tanks and truck loading facilitiesshall minimize atmospheric emissions to the maximum degree possible.

The measures utilized to minimize emissions shall include carboncanisters on tank vents, use of flares, vapor recovery units or thermal

oxidizers on tank vents, the use of pressure relief valves which aremaintained in good operating condition and which are set to release at no

less than 0.7 psig (4.8 kilopascals) of pressure or 0.3 psig (2.1 kilopascals)

of vacuum or the highest possible pressure and vacuum in accordance withstate or local fire codes or the National Fire Prevention Association

guidelines or other national consensus standards acceptable to the

Department. Loading racks equipped with a loading arm with a vaporcollection adaptor and pneumatic, hydraulic or other mechanical means to

force a vapor-tight seal between the adaptor and the hatch of the tank must

also be used to minimize emissions.

v. Sources of uncontrolled HAP emissions of less than 1000 lbs/yr of a single

HAP or one tpy of a combination of HAPs that does not include

Polychlorobiphenols (PCBs), Chromium, Mercury (Hg), Lead (Pb),Polycyclic Organic Matter (POM), Dioxins and Furans.

vi. The owners and operators of engines not meeting the requirements under(i) (v) of this source category must submit a request for determination to

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the Department. If the RFD is not approved by the DEP, an application

seeking authorization to use a general permit or plan approval application

must be submitted to Department, as appropriate.

39. Combustion unit(s) as defined in 121.1 (relating to definitions) with a rated

capacity of less than 10 million Btus per hour of heat input fueled by natural gas

supplied by an independent gas producer. Sources firing natural gas supplied byan independent producer shall be given the same consideration given sources that

fire natural gas provided by a public utility. See exemption for a combustion unit

using natural gas supplied by a public utility in Category No. 3 underSection 127.14(a) Exemptions.

40. Any source qualifying for exemption based on criteria contained in a generalpermit developed in accordance with the procedures described in 127.601

through 127.642.


42. Facilities engaged primarily in collision repair and refinishing of automobiles andlight duty trucks.


44. Sources of uncontrolled HAP emissions of less than 1000 lbs/yr of a single HAP

or one tpy of a combination of HAPs that do not include Polychlorobiphenols

(PCBs), Chromium, Mercury (Hg), Lead (Pb), Polycyclic Organic Matter (POM),Dioxins and Furans.

45. Any source granted an exemption by the Department through the execution of an

RFD form.

C. Section 127.14(a) (8) exemptions that require the submission of an RFD form.

The following is a list of sources where the owner or operator of a source or a facility

seeking an exemption must submit an RFD form. The Department may use the criteriaspecified in the category for review of the RFD form.

46. Internal combustion engines, and all exempted internal combustion enginesregardless of size at the facility with combined NOxemissions less than

100 lbs/hr, 1000 lbs/day, 2.75 tons per ozone season (period beginning May 1 of

each year and ending on September 30 of the same year) and 6.6 tons per year ona 12-month rolling basis. This includes the proposed engines and all engines atthe facility that are exempted from the plan approval requirements. This category

does not include Peak shaving engine generators.

The term, Peak shaving engine generator means a generator which is used at

any time to serve the facilitys on-site electrical load during peak demand periods

for the purpose of reducing the cost of electricity or for receiving payment orother benefits of value for the sale of electricity. Any engine generator which

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participates exclusively in the Pennsylvania- New Jersey-Maryland

Interconnection LLC (PJMs) Emergency Load Response Program (ELRP),

operating only in the event that it would reduce the likelihood of a power outage,

is not considered to be a Peak Shaving engine generator. In addition, a facilitythat is registered with the PJMs ELRP exclusively shall not operate an internal

combustion engine generator in excess of sixty (60) hours per year in response to

PJM declared ELRP.

The owner or operator of an exempted engine generator shall maintain an

operating log that includes the dates the unit operated, total operating hours perday and total number of days of operation per year and shall submit this data to

the Department upon request.

The owner or operator of engine generators that are participating exclusively in

PJMs ELRPs shall submit the data to be maintained in this operating log to the

Department by March 1st of each year.

If the proposed source is subject to any New Source Performance Standards

(NSPS) or Maximum Achievable Control Technology (MACT) standards,applicable requirements must be met even though the source may be exemptedfrom DEPs plan approval and operating permit requirements. In addition, the

engine may not, at any time, result in the emission of particulate matter in excess

of 0.04 grains per dry standard cubic foot, when the effluent gas volume is lessthan 150,000 dry standard cubic feet per minute as specified in 25 Pa. Code

123.13 (c) (relating to process). See Further Qualifications Regarding Plan

Approval Exempted Sources on Page 10.

47. Bulk material storage bins (not subject to NESHAPs, NSPS, PSD, NSR, or majorsource requirements) that are equipped with appropriately designed fabric

collectors to have particulate matter emission rates that are less than 0.01 gr/dscf.

48. Research and development activities as defined in 25 Pa. Code Chapter 121 withannual emission rates:

i. less than or equal to 20 tpy of CO;

ii. less than or equal to 0.12 tpy of lead;

iii. less than or equal to 3 tpy of non-HAP PM10;

iv. less than or equal to 8 tpy of SO2 or non-HAP VOC;

v. less than or equal to 10 tpy of NOx;

vi. less than 1 tpy of a single HAP or 2.5 tpy of a combination of HAPs thatdoes not include Polychlorobiphenols (PCBs), Chromium, Mercury (Hg),

Lead (Pb), Polycyclic Organic Matter (POM), Dioxins and Furans.

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49. Powdered metal sintering furnaces using only organic lubricants equal to or less

than 0.75% organic lubricant by weight. The furnace atmosphere must contain

hydrogen (H2) at 3% volume or greater. The furnace must also maintain an

operating flame curtain between the part entry and pre-heat zone. In the absenceof an operating flame curtain, the furnace must operate an afterburner.

A sintering furnace using only metal containing lubricants may be exempted if thefurnace emits particulate matter not exceeding 0.15 lb. /hr. (determined by mass

balance or stack tests). Note: for mass balance purposes, the following

conversion factors are to be used:

Zinc Stearate to Zinc Oxide particulate matter = 0.129,

Lithium Stearate to Lithium Carbonate particulate matter = 0.15.

The Department may approve alternate conversion factors provided a satisfactory

written justification is submitted to the Department.

A sintering furnace using organic lubricants and operating outside the limitationsspecified above may be exempted under a case-by-case determination through theexecution of a Request for Determination of Requirement for Plan Approval

Application form. The owner/operator of a sintering furnace exempt from

permitting requirements must notify the Department within 30 days of the furnaceinstallation. For sintering furnaces using metal containing lubricants, records must

be maintained to demonstrate compliance with the particulate matter emission

limit of 0.15 lb/hour for each product.

Facilities that use both organic and/or metal-containing lubricants are exempted ifthe lubricants are less than 0.75% organic lubricant by weight; and, the furnace is

designed and operated as described in the preceding paragraph and emitsparticulate matter at rates less than 0.15 lb./hr (determined by mass balance or

stack tests).

The category does not apply to sintering furnaces used to sinter parts that are

treated with oil.

50. Remediation of gasoline or fuel oil contaminated soil, groundwater or surface

water by equipment installed, maintained and operated as provided herein. All airexhaust points are controlled by dual, activated carbon beds operating in series or

a thermal/catalytic oxidizer. For activated carbon beds, monitoring (e.g.

intrinsically safe ionization detector) at an appropriate frequency (e.g., one-fourththe predicted time to breakthrough of the first bed) must be performed at the inlet,between the first and second beds and after the second bed. If breakthrough of the

first bed is detected, the first bed is removed, the second bed is shifted to the first

position and the new bed is placed in the second position. Monitoring, operating,and maintenance records are maintained and available to the Department upon

request. Equipment installed and operated as described above must be designed to

achieve a minimum VOC control efficiency of 90% and shall emit actual annualemissions after control less than one tpy of VOC or HAPs.

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51. Sources that exhaust to a filter/baghouse and have particulate loading (before

control) below limits specified in Chapter 123.

D. Further Qualifications Regarding Plan Approval Exempted Sources

The following is a list of requirements that owners and operators must adhere tofor all sources that are exempt from plan approval requirements under 25 Pa.

Code 127.14(a) and 127.14(a) (8).

This document shall not be construed to exempt facilities that include multiplesources of air contaminants, unless specifically stated in the source category.

The owner or operator of any source or modification to an existing source thatwould subject the facility to the requirements of 25 Pa. Code Chapter 127,

Subchapter D (relating to Prevention of Significant Deterioration), 25 Pa. Code

Chapter 127, Subchapter E (relating to New Source Review), 25 Pa. CodeChapter 127, Subchapter G (relating to Title V Operating Permits); or 25 Pa.

Code 129.91 (relating to control of major sources of NOxand VOCs) mustcomply with the Departments plan approval requirements, even if such sourcesare specified in a previously listed category.

Sources exempt from the plan approval provisions in 25 Pa. Code Chapter 127,Subchapter B (relating to plan approval requirements) may be required to be

included in the Operating Permit if the source is not included in the trivial activity

listing on Page16 of this document.

Sources located in Allegheny and Philadelphia Counties may be subject todifferent permitting requirements. For information applicable to sources located

in those counties, the Allegheny County Health Departments Air QualityProgram should be contacted at 412-578-8115 or Philadelphia Air Management

Services should be contacted at 215-685-7572, as appropriate.

records to clearly demonstrate to the Department that the applicable thresholds arenot exceeded.

These determinations do not exempt the above-listed sources from compliancewith the emission limitations, work practice, and other applicable requirementscontained in 25 Pa. Code Chapters 121, 122, 123, 124, 127, 129, and 135.

Although a source may be exempt from the plan approval and operating permit

requirements of Chapter 127, the source is subject to all other applicable airquality regulations. For example, combustion units exempt from the Chapter 127requirements are not exempt from the opacity and emission limitations specified

in 25 Pa. Code 123.41 and123.22, respectively. The owners and operators of

storage vessels for organic compounds with capacities between 2,000 gallons to40,000 gallons, which are not subject to the Chapter 127 requirements, must

install pressure relief valves in accordance with the requirements of 129.57.

(Note: Storage vessels in this size range would also not be subject to therequirements of 25 Pa. Code 129.59 and 129.60.)

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The owner or operator of any source claiming a plan approval or operating permitexemption must operate and maintain the source in a manner consistent with good

operating and maintenance practices; and in accordance with practices based onthe manufacturers specifications to the extent such practices have a material

impact on the sources emissions.

If the Department determines that any exempted source is causing air pollution inviolation of Section 8 of the Air Pollution Control Act, 35 P. S. 4008, or 25 Pa.

Code 121.7, the Department may order the installation of additional air cleaningdevices. In those cases, plan approvals and operating permits may be required.

Requests for exemptions from the plan approval requirements of Chapter 127 formultiple source facilities must be considered on a case-by-case basis.

As noted in Category 44 of the list, additional exemptions, when appropriate, maybe obtained through the submission of a completed RFD Form. If a RFD isneeded, the owner/operator has two options for submitting the RFD: the paper

form or the electronic RFD submitted online. The RFD paper form is availablefrom the Departments regional offices, central office. This form can also bedownloaded from the Departments Web site, www.depweb.state.pa.us(select Air

Topics, Permits, Plan Approval). The electronic RFD (RFD*Online) application

is a self-registered application offered on the Departments Greenport webportal at www.depgreenport.state.pa.us.

II. Physical Changes Qualifying for Exemption under Section 127.14(a) (9)

In accordance with 127.14(a)(9), the Department has determined that the following list ofphysical changes qualify for plan approval exemption if the change: a) would not violate the

terms of an operating permit, the Air Pollution Control Act, the Clean Air Act or the regulationsadopted under the acts; b) would not result in emission increases above the allowable in the

operating permit; or, c) would not result in an increased ambient air quality impact for an aircontaminant. These changes may be made without notification to the Department unless they are

specified in the exemptions listing.

Any determinations regarding the following list should be made in conjunction with the

preceding criteria related to exemptions.

1. Changes in the supplier or formulation of similar raw materials, fuels, paints and other

coatings which do not affect emissions and which meet all applicable standards and

limitations.

2. Changes in product formulations that do not affect air emissions.

3. Changes that result in different speciation of pollutants but fall within permit limitations.

4. Changes in the method of raw material addition.

5. Changes in the method of product packaging.

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6. Changes in temperature, pressure, or other operating parameters that do not adversely

affect air cleaning device performance or air emissions.

7. Additions or changes to sampling connections used exclusively to withdraw materials for

testing and analysis including air contaminant detection and vent lines.

8. Changes to paint drying oven length designed to alter curing time, so long as capture

efficiencies of control equipment are not altered and emissions do not increase as a result

of the change.

9. Routine maintenance, inspection and cleaning of storage tanks and process vessels or the

closure or dismantling of a storage tank or process.

10. Changing water sources to air cleaning devices when there is no effect on air cleaning

device performance or air emissions.

11. Moving a source from one location to another at the same facility with no change in

ambient impact, operation or controls.

12. Reserved.

13. Repairing, replacing, upgrading, maintaining, or installing instrumentation of an pollutioncontrol device or component equipment including pumps, blowers, filters, filter bags,

devices for measuring pressure drop across an air cleaning device or a filter breakage

detector for a baghouse, provided such changes would not violate an operating permitterm or condition. The owners or operators of facilities claiming this exemption must

request approval in writing, from the Department. The physical change may be madewithin 15 days of receipt of the request unless the Department requests additional

information or objects to the change within the 15-day period.

14. Installing a fume hood or vent system for industrial hygiene purposes or in a laboratory.

15. The temporary (no longer than six months) replacement of a source with a source of

equal or less emission potential.

16. Reserved.

17. Any replacement of the compressor, combustor and power sections (together termed

turbine core) of a turbine compression engine with an identical turbine core or a loweremitting turbine core located at a major facility shall be exempt from plan approvalrequirements, provided the following requirements are met:

i. The permittee shall provide thirty (30) days prior written notice to the Departmentof a planned turbine core replacement.

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ii. The permittee shall provide written notice to the Department within seven (7)

days following the commencement of a turbine core replacement necessitated by

an equipment failure or other unplanned event.

iii. The written notice shall identify the location, the manufacturer, model, and serial

number of the turbine compression engine, the manufacturer, model, and serial

number of the turbine core to be installed, or which has been installed, in theturbine compression engine and the air contaminant emission rates which will

exist following the turbine core replacement, including oxides of nitrogen (NOx),

carbon monoxide (CO) and volatile organic compounds (VOCs).

iv. The written notice shall also contain a certification from the permittee that any

turbine core to be installed has been manufactured by either the existing turbinemanufacturer or other manufacturer and will be a lower emitting turbine core or,

if the core will be replaced with an identical core, that a lower emitting core is not

available. Existing turbine manufacturers shall include companies that maintain

the turbine cores of the existing turbines at the facility. If the permittee decides toinstall a turbine core obtained from a manufacturer other than the existing turbine

manufacturer, the notice shall contain a certification, signed by a responsibleofficial as defined in 25 Pa. Code Section 121.1(relating to definitions), that thepermittee has examined the turbine cores that are available from all such

manufacturers and will install, or has installed, the lowest emitting turbine core

available from any manufacturer.

v. The written notice shall also contain a Prevention of Significant Deterioration

(PSD) or New Source Review (NSR) applicability analysis as required under25 Pa. Code Chapter 127, Subchapters D and E, since the Department does not

consider such change to be routine maintenance, repair or replacement. (Turbinecore replacements determined to be subject to the PSD or NSR requirements are

subject to the plan approval requirements under 25 Pa. Code Chapter 127,Subchapter B.) Nothing in this paragraph shall be construed to require any PSD

or NSR applicability determination approval from the Department prior to turbinecore replacement.

vi. The notice shall be accompanied by a vendor-provided guarantee of theachievable air contaminant emission rates of the new turbine core. If such a

guarantee is not available, the notice shall include certification that the permittee

attempted to obtain such guarantee and an explanation as to why the vendor willnot provide such a guarantee.

vii. All certifications shall be signed by a responsible official as defined in 25 Pa.Code 121.1 (relating to definitions) and shall acknowledge that the certifyingparty is aware of the penalties for unsworn falsification to governmental

authorities as established under 18 Pa. C.S. 4904. The certification shall also

state that based on information and belief formed after reasonable inquiry, that thestatements and information in the notice are true, accurate and complete.

viii. A turbine core is a Lower Emitting Turbine Core if it is commercially available,has the same operating characteristics as the core being removed and the rate of

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NOxemissions, expressed as either parts per million by volume dry basis

(ppmvd) or pounds per hour (lb/hr) would be lower than the rates of emission

achievable by any commercially available alternative turbine core when the

respective turbine was operating at the same level of performance. If thehorsepower, firing rate and operating speed of the core being removed falls within

the ranges of horsepower, firing rate, and operating speed for the Lower Emitting

Turbine Core, the Lower Emitting Turbine Core is considered to have the sameoperating characteristics as the core being removed. A turbine core is an

Identical Turbine Core if the rate of NOXemissions is no higher than the

emission rates of the turbine core being replaced when the respective turbine isoperating at the same level of performance.

ix. After a turbine core has been replaced, the permittee shall perform NOx and COemissions testing as established for the respective turbine compressor engine(s)

within ninety (90) days of completing the replacement. Stack testing for NOx

shall be performed in accordance with methods specified in 40 CFR 60.335

(relating to test methods and procedures) and in accordance with 25 Pa Code,Chapter 139 (relating to sampling and testing) for NOxand CO. At least sixty

(60) days prior to test performance, two copies of a test protocol, including adescription of the proposed test procedures and a dimensioned sketch showing theconfiguration of the exhaust stack and proposed sampling ports shall be submitted

to the Department. At least two (2) weeks prior to test performance, the permittee

shall inform the Department, in writing, of the date and time of the test. Withinsixty (60) days of completing the emissions testing, two copies of a test report,

including a comprehensive description of the turbine operating conditions during

the testing, shall be submitted to the Department.

x. A plan approval and/or operating permit issued by the Department in accordancewith 25 Pa. Code Chapter 127, Subchapter B (relating to plan approval

requirements) and/or Subchapter F (relating to operating permit requirements), orif the facility is a Title V facility, a Title V operating permit issued in accordance

with Subchapters F and G (relating to Title V operating permits) will be requiredif emission test results exceed the emission limits specified in, or the replacement

of the turbine core includes parts other than the turbine core itself. In order to

obtain the plan approval and/or operating permit, or Title V operating permit, itmay be necessary to install an air pollution control device.

xi. For turbine compression engines existing at the facility on the date this exemptionis first published in the Pennsylvania Bulletin, turbine core replacements may

occur pursuant to this exemption for no more than fifteen (15) years from the date

of the first replacement. For new turbine compression engines, turbine corereplacements may not occur pursuant to this exemption for no more thanfifteen (15) years after the turbine compression engine first commences operation.

Any subsequent proposed turbine core replacements for both new and existing

engines will require a plan approval application including a best availabletechnology evaluation to be submitted to the Department for its review and

approval. Once approved, turbine core replacements may occur pursuant to this

exemption for another fifteen (15) years, before a new plan approval and bestavailable technology evaluation is required.

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In accordance with 127.14(c), additional physical changes may be determined to be of

minor significance and not subject to plan approval requirements through the following

procedure:

1) If the changes do not involve the installation of equipment, the changes may be

made within 7 calendar days of the Departments receipt of a written requestprovided the Department does not request additional information or objects to the

change within the 7-day period.

2) If the changes involve the installation of equipment, the changes may be made

within 15 calendar days of the Departments receipt of a written request provided

the Department does not request additional information or objects to the changewithin the 15-day period.

3) If the change would violate the terms of an operating permit the plan approval

exemption may be processed contemporaneously with the minor operating permitmodification under the procedures described in 127.462.

III. Exemption Criteria for Operating Permits

A Title V operating permit is needed for all facilities that have the potential to emit (PTE)

exceeding the levels described in the definition of Title V facility. A state-only operatingpermit is needed for facilities that do not have a PTE which exceeds the Title V facility

thresholds, but which has actual emissions equal to or exceeding the facility levels summarized

below. An existing facility constructed and in operation prior to July 1, 1972 which does nothave a PTE exceeding the Title V facility thresholds and which does not have actual emissions

exceeding the levels shown below is exempt from the requirement to obtain an operating permit.The exemption criteria for operating permits are not applicable to the sources that are determined

to require plan approvals or have plan approvals unless the Department determines that a facilitywould now be eligible for plan approval exemption consistent with the preceding criteria related

to exemptions.

State-Only Operating Permit Facility Exemptions*

Pollutant PTE< Actual Emission Rate

air quality permit exemptions

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