Title 25 Pa. Code — Environmental Protection

Part I Department of Environmental Protection

Subpart A Preliminary Provisions

Chapter 1 General Provisions

25 Pa. Code § 1.1 Definitions.

The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise: Central office—One of the offices or bureaus of the Department with responsibility for Statewide administration of a particular Department function. Department—The Department of Environmental Protection of this Commonwealth. EHB—The Environmental Hearing Board. EPA—The United States Environmental Protection Agency. EQB—The Environmental Quality Board. Regional office—One of the offices of the Department with responsibility for regional administration of various Department functions. Secretary—The Secretary of the Department.

25 Pa. Code § 1.2 Department central offices.

The addresses of the central offices of the Department are as follows:

25 Pa. Code § 1.3 Department regional offices.

Department regional offices and the counties served by each office are as follows:

25 Pa. Code § 1.4 Department district mining offices.

The addresses of all district mining offices of the Department are as follows:

(1) Pottsville District Office 5 West Laurel Boulevard Pottsville, Pennsylvania 17901-3695 (717) 621-3118

(2) Hawk Run District Office Post Office Box 209 Hawk Run, Pennsylvania 16840-0209 (814) 342-0410

(3) Greensburg District Office Armburst Building R. D. 2, Box 603-C Greensburg, Pennsylvania 15601-0982 (412) 925-8115

(4) Ebensburg District Office R. D. 3, Wilmore Road Post Office Box 625 Ebensburg, Pennsylvania 15931-0625 (814) 472-5071

(5) McMurray District Office 3913 Washington Road McMurray, Pennsylvania 15317-2532 (412) 941-7100

(6) Knox District Office White Memorial Building Knox, Pennsylvania 16232-0669 (814) 797-1191

25 Pa. Code § 1.5 Procedures.

Except as otherwise provided in this title or as adopted by a Departmental Board or Commission, the following provisions of 1 Pa. Code Part II (relating to general rules of administrative practice and procedure), do not apply to proceedings before the Department:

(1) 1 Pa. Code § 31.15 (relating to extensions of time).

(2) 1 Pa. Code § 33.15 (relating to number of copies).

(3) 1 Pa. Code § 33.31 (relating to service by the agency).

(4) 1 Pa. Code Chapter 35 (relating to formal proceedings) except as set forth in Chapter 1021 (relating to the Environmental Hearing Board).

The provision of this § 1.5 adopted November 2, 1979, effective November 3, 1979, 9 Pa.B. 3633.

Chapter 3 Standards for Administrative Records for Hazardous Waste Sites

25 Pa. Code § 3.1 Definitions.

The definitions for this chapter have the same meaning as those listed in section 103 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.103), unless specifically stated otherwise.

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.11 Administrative record.

(a) Whenever the Department compiles an administrative record for a particular response, it will do so in accordance with this chapter.

(b) An administrative record is intended to document the following:

(1) The site conditions which relate to the release or threatened release.

(2) An interim response initiated at the site.

(3) The basis for the selection of a response at the site.

(4) Public notice and participation in development of the administrative record.

(c) An administrative record may also include the following:

(1) The basis for, and amount of, natural resource damages resulting from the release or threatened release, or to which the release or threatened release significantly contributes.

(2) The identity of the known responsible persons.

(3) The response costs incurred by the Department.

(4) The basis and amount of a civil penalty the Department assesses.

(5) Information relevant to the threat to the public health or safety or the environment presented by the release or threatened release.

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.12 Content.

(a) The administrative record for each response at a minimum, shall consist of the following:

(1) An administrative record docket listing the contents of the administrative record.

(2) A copy of the notice as required by § 3.22 (relating to notice of prompt interim response) or a copy of the notice as required by § 3.23 (relating to notice of proposed response).

(3) The information known and reasonably available to the Department, including, but not limited to, studies, inspection reports, sample results and permit files which relate to the release or threatened release, and to the selection, design and adequacy of the proposed response or the interim response initiated under section 505(b) of the Hazardous Sites Cleanup Act (35 P. S. § 6020.505(b)).

(4) Copies of public comments received during the comment period as provided for in § 3.24 (relating to public comment on the response).

(5) A transcript of the public hearing held in accordance with § 3.25 (relating to public hearing on the response).

(6) The Department’s response to significant comments, criticisms and new data received during the public comment period required by § 3.27 (relating to Departmental response to significant comments).

(7) The Department’s statement of decision providing notification of the response selected based on the content of the administrative record as required by § 3.31 (relating to decision).

(b) The Department will designate the studies, inspection reports, sample results and permit files which relate to the release or threatened release and to the selection, design and adequacy of the response action. These documents may be incorporated into the administrative record by reference if the reference includes the location and time wherein the documents may be examined.

(c) Treatises, technical literature and other reports or studies which are published and generally available may be incorporated into the administrative record by reference. Documents or literature which is not published or in general circulation may also be incorporated by reference, if the documents or literature are available for examination in the regional office wherein the site is located.

(d) Internal Department documents, such as memoranda, correspondence or draft documents, will not be considered part of the administrative record, unless specifically designated by the Department or submitted during the public comment period. Internal Department documents which are public records will continue to be available to the public. This subsection does not alter existing law or policy regarding public access to Department records.

(e) Documents which are generated for a particular response but which are designated confidential in accordance with § 3.26(a)(4) (relating to submission and acknowledgment of public comments) shall be compiled and maintained separately from the administrative record. Summaries of confidential documents shall be entered into the administrative record.

This section cited in 25 Pa. Code § 3.24 (relating to public comment on the response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.13 Location of the administrative record.

The Department will maintain the administrative record for a response in the regional office serving the area in which the site is located. The administrative record shall be available for public inspection during normal working hours. If the regional office is not located within reasonable proximity to the site, the Department will make reasonable efforts to locate a copy of the record near the site for the sake of public convenience.

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.21 Interim response.

(a) This section does not apply to emergency interim responses taken under section 501(g) of the Hazardous Sites Cleanup Act (act) (35 P. S. § 6020.501(g)).

(b) Under section 505(b) of the act (35 P. S. § 6020.505(b)), the Department may take an interim response before the development of the administrative record when there is a reasonable basis to believe that prompt action is required to protect the public health or safety or the environment.

(1) If the Department takes an interim response before development of the administrative record, it will provide notice of the action within 30 calendar days of initiating the interim response.

(2) The notice provided under this subsection will conform with § 3.22 (relating to notice of prompt interim response).

(c) For any other interim response, the Department will provide notice in conformance with § 3.23 (relating to notice of proposed response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.22 Notice of prompt interim response.

(a) The Department will prepare a notice of prompt interim response for a site which will contain the following:

(1) A description and location of the site.

(2) A description of the known environmental hazards present at the site.

(3) A brief analysis of the interim response taken.

(4) A brief analysis of alternative responses considered.

(5) The location of, and periods of access to, the administrative record.

(6) A specific time and place for providing written comments on the interim response.

(7) The time and place at which a public hearing will be held to receive oral comments on the interim response.

(8) Additional actions to be taken prior to the close of the public comment period required by § 3.24(a)(6) (relating to public comment on the response).

(b) The notice will be distributed to the following persons in the manner described:

(1) Copies of the notice will be mailed to each responsible person whose name and address is known to the Department.

(2) Copies of the notice shall be mailed to known holders of liens of record against the property.

(3) The notice will be published in the Pennsylvania Bulletin.

(4) The notice will be published in a newspaper of general circulation in the area of the site.

(c) Failure of a responsible person to receive a notice from the Department does not affect that person’s liability under the act.

This section cited in 25 Pa. Code § 3.12 (relating to content); 25 Pa. Code § 3.21 (relating to interim response); 25 Pa. Code § 3.24 (relating to public comment on the response); and 25 Pa. Code § 3.25 (relating to public hearing on the response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.23 Notice of proposed response.

(a) The Department will prepare a notice of proposed response for a particular site which will contain the following:

(1) A description and location of the site.

(2) A description of the known environmental hazards present at the site.

(3) A brief analysis of the response proposed.

(4) A brief analysis of alternative responses considered.

(5) The location of, and periods of access to, the administrative record.

(6) Notification of the public comment period, to include:

(i) The length of the comment period and the beginning date.

(ii) An address to forward written comments.

(7) Notification of the public hearing, to include:

(i) The time and date of the hearing.

(ii) The location of the hearing.

(iii) The requirements for participation in the public hearing.

(b) The notice will be distributed to the following persons in the manner described:

(1) Copies of the notice will be mailed to each responsible person whose name and address is known to the Department.

(2) Copies of the notice will be mailed to all known holders of liens of record against the property.

(3) The notice will be published in the Pennsylvania Bulletin.

(4) The notice will be published in a newspaper of general circulation in the area of the site.

(c) Failure of a responsible person to receive a notice from the Department does not affect that person’s liability under the act.

This section cited in 25 Pa. Code § 3.12 (relating to content); 25 Pa. Code § 3.21 (relating to interim response); 25 Pa. Code § 3.24 (relating to public comment on the response); and 25 Pa. Code § 3.25 (relating to public hearing on the response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.24 Public comment on the response.

(a) The Department will establish a period for receipt of public comment for each response for which the Department develops an administrative record.

(b) The comment period will commence on the date of publication of the notice of response in the Pennsylvania Bulletin.

(c) The comment period will extend for at least 90 calendar days. Comment periods expiring on a weekend or State holiday will be extended to the first business day thereafter.

(d) During the public comment period, the Department will provide public access to the administrative record, as described in § 3.12(a)(1)—(6) (relating to content).

(e) Once the period for public comment is closed, no oral or written comments will be accepted by the Department for inclusion in the administrative record, except as provided in § § 3.32 and 3.33 (relating to closing the record; and reopening the record). The Department may extend the period for public comment after giving reasonable notice in the manner provided in § 3.22 or § 3.23 (relating to notice of prompt interim response; and notice of proposed response).

This section cited in 25 Pa. Code § 3.12 (relating to content); 25 Pa. Code § 3.22 (relating to notice of prompt interim response); and 25 Pa. Code § 3.25 (relating to public hearing on the response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.25 Public hearing on the response.

(a) In addition to the public comment period required by § 3.24 (relating to public comment on the response), a public hearing will be conducted by the Department for each response.

(b) In conducting public hearings under this chapter, the Department will conform to the following procedures:

(1) At least one public hearing will be held for each response.

(2) The public hearing will be held at a location near the site.

(3) A transcript of the proceedings will be maintained.

(4) The public hearing will be held no less than 30 calendar days, nor more than 60 days, from the beginning of the public comment period.

(5) The public hearing will be conducted in compliance with the following:

(i) A chairperson will conduct the meeting in accordance with generally accepted rules of protocol and procedure or special rules established by the Department and provided in the notice, as provided in § 3.22 or § 3.23 (relating to notice of prompt interim response; and notice of proposed response).

(ii) Persons wishing to comment shall register with the chairperson prior to the beginning of the hearing.

(iii) Associations, groups, lobbyists or persons with a recognized common interest shall appoint a single spokesperson for the hearing.

(iv) The chairperson will have the authority to limit the time for each speaker at the outset of the hearing.

(c) The Department will not respond to comments received during the public hearing until the Department provides its response document under § 3.27 (relating to Departmental response to significant comments).

This section cited in 25 Pa. Code § 3.12 (relating to content).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.26 Submission and acknowledgment of public comments.

(a) Submission of public comment.

(1) A person may submit written comments regarding the Department’s response during the period for public comment.

(2) A written comment shall be deemed to have been submitted if it is postmarked or received by the Department on or before the last day of the public comment period.

(3) Written comments may not be limited in scope and may include studies, analyses, Department records or other documents deemed relevant by the person submitting the written comment.

(4) A person submitting a written comment which contains confidential business information under section 503(h) of the Hazardous Sites Cleanup Act (35 P. S. § 6020.503(h)) may request that the Department maintain the comment as confidential. The person shall provide a written summary of the comment to the Department for approval which shall disclose the general nature of the confidential information and its relevance to the response for the site. Upon approval of the request for confidentiality and approval of the content of the summary, the Department will designate the comment as confidential and will enter only the written summary into the administrative record.

(b) Acknowledgment of receipt of comments.

(1) The Department will record receipt of all comments submitted during the comment period in the administrative record docket and will acknowledge receipt of written comments submitted during the comment period if the name and address of the person submitting the comment is provided.

(2) The name, address and affiliation of the person submitting comments, if provided, shall be incorporated into the administrative record docket.

(3) A copy of the comments will be incorporated into the administrative record, except as provided in subsection (a)(4).

(4) It is the responsibility of the person submitting written comments to verify that the comments have been noted in the docket and to notify the Department before the close of the comment period if the comments have not been noted.

This section cited in 25 Pa. Code § 3.12 (relating to content).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.27 Departmental response to significant comments.

(a) After the close of the public comment period, the Department will consider all significant comments, criticisms and new data received during that period, including those made at the public hearing, and will respond in a response document. The response document will be incorporated into the administrative record after the close of the public comment period.

(b) The Department will use the following criteria for preparation of responses to significant comments, criticisms and new data received during the comment period:

(1) Comments, criticisms and new data will be considered significant if they provide a reasonable basis for concluding that the determinations of the Department might be altered.

(2) The Department may group comments, criticisms or new data if similar and may respond to the groupings in a single statement.

(3) If significant comments, criticisms or new data are already addressed in the administrative record, the Department’s response may simply reference the appropriate part of the record.

This section cited in 25 Pa. Code § 3.12 (relating to content); 25 Pa. Code § 3.25 (relating to public hearing on the response); and 25 Pa. Code § 3.31 (relating to decision).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.31 Decision.

(a) After the close of the comment period, and consideration of all significant comments, criticisms and new data received during that period, the Department will select a response and file a statement of decision. The statement of decision will contain the following:

(1) The findings of fact pertaining to the response.

(2) An analysis of the response selected.

(3) The reasons and basis for the response selected.

(4) An analysis of the alternative responses considered.

(5) An explanation of major changes in the selected response from the proposed response contained in the notice.

(6) A copy of the Department’s response to significant comments, criticisms and new data received during the comment period, as specified in § 3.27 (relating to Departmental response to significant comments).

(b) In selecting a response for the site, the Department may make reasonable assumptions regarding the nature of a risk to the public health or environment it believes necessary to adequately protect the public health and environment both at the time of the response and in the future.

(c) In evaluating alternatives to the response, the Department will consider whether the alternative provides comparable protection to the public health or safety or the environment both at the time of response and in the future.

(d) The Department’s decision will be based on the information contained in the administrative record.

This section cited in 25 Pa. Code § 3.12 (relating to content).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.32 Closing the record.

(a) The administrative record will be closed, except as provided in subsection (b), after the Department has responded to significant comments, criticisms and new data received during the comment period and has filed a statement of decision pertaining to the response.

(b) The administrative record may only be reopened for one or more of the following reasons:

(1) The Department obtains information during implementation of the response action which it determines to be of central relevance to the selected response.

(2) A person raising an objection to the response may demonstrate to the Department that it was impracticable to raise the objection during the comment period or that the grounds for the objection arose after the public comment period.

(3) The Department chooses to document its response costs.

(4) The case is remanded to the Department under section 508 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.508).

This section cited in 25 Pa. Code § 3.24 (relating to public comment on the response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

25 Pa. Code § 3.33 Reopening the record.

(a) The Department will provide notice of reopening of the record, indicating the purpose, and providing the time and place for submission of written comments.

(b) The Department will publish notification of the beginning of the comment period in the Pennsylvania Bulletin. The comment period will extend for 60 calendar days from the date of publication. Comment periods expiring on a weekend or State holiday will extend to the first business day thereafter.

(c) The Department may hold a public hearing at its discretion or if a written request is received within 30 calendar days of publication of the notice of reopening.

(d) Additional information, written or oral comments, and the Department’s response to significant comments received during the comment period provided by subsection (b) will be added to the administrative record and noted in the administrative record docket.

(e) The administrative record will be closed upon filing of the Department’s response to significant comments received during the public comment period.

This section cited in 25 Pa. Code § 3.24 (relating to public comment on the response).

History

• Authority: The provisions of this Chapter 3 issued under sections 301 and 303 of the Hazardous Sites Cleanup Act (35 P.
• Source: The provisions of this Chapter 3 adopted June 28, 1991, effective June 29, 1991, 21 Pa.

Chapter 13 Compliance with the Surface Mining Control and Reclamation Act of 1977

25 Pa. Code § 13.1 Background.

(a) The provisions of 30 U.S.C.A. § 1252(c) require that coal mining operations meet specified initial performance standards. In addition, 30 U.S.C.A. § 1252(c) specifically requires that permits for coal mining operations (‘‘Permits’’)—including surface coal mining, underground coal mining and coal processing, and waste disposal operations—contain conditions requiring compliance with the initial performance standards.

(b) The United States Department of the Interior has published final rules and regulations governing the initial regulatory program under 30 U.S.C.A. § § 1201—1328, including initial performance standards. These rules and regulations were published on December 13, 1977, at 42 FR 62639.

(c) The provisions of 30 U.S.C.A. § 1252(c) require new coal mining operations to comply with the initial performance standards by February 3, 1978 and existing coal mining operations to comply with the initial performance standards by May 3, 1978.

(d) The intent of 30 U.S.C.A. § § 1201—1328 and the position taken by the United States Department of the Interior based on that act, is that the states should require compliance with the initial performance standards in cooperation with the Federal government.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

25 Pa. Code § 13.2 Action.

In order to implement and enforce the initial performance standards, the Department will take the following actions. Nothing in this policy statement shall be deemed to prevent the Department from imposing more stringent requirements where appropriate in specific cases.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

25 Pa. Code § 13.11 Applications received by the Department by January 13, 1978.

(a) Permit applications which are complete and technically accurate and which were received by the Department by January 13, 1978, will be processed without requiring additional information from the applicant. In these cases, the Department will require compliance with the initial performance standards by May 3, 1978—the date when existing operations shall meet the initial performance standards. Permits issued by the Department under this section on or after February 3, 1978, will contain a condition notifying the permit recipients that, as of February 3, 1978, they are subject to the provisions of 30 U.S.C.A. § § 1201—1328 and to Federal enforcement action if they fail to meet the initial performance standards published at 42 FR 62639. These permits will also contain a condition requiring that the applicant provide additional information to demonstrate compliance with the initial performance standards by May 3, 1978.

(b) A permit application which was received by the Department by January 13, 1978, but which was not complete or technically accurate will be returned to the applicant and treated as if it was received after January 13, 1978. This subsection also applies without limitation to permits denied by the Department but which subsequently may be issued or ordered to be issued on or after February 3, 1978.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

25 Pa. Code § 13.12 Applications received by the Department after January 13, 1978.

A permit application received by the Department after January 13, 1978, shall demonstrate that the applicant will comply with the initial performance standards. Therefore, an application which fails to include the demonstration will be returned to the applicant with a request that he provides the required additional information. The Department will enforce the initial performance standards for these operations beginning on February 3, 1978.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

25 Pa. Code § 13.13 All mining operations.

The Department will require that mining operations which are or will be in operation on or after May 3, 1978, and which have not previously demonstrated their compliance with the initial performance standards, must demonstrate that they will comply with the initial performance standards. The Department will enforce the initial performance standards for these operations beginning on May 3, 1978.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

25 Pa. Code § 13.14 Prime farmlands and environmentally sensitive area requirements.

(a) A permit issued by the Department after August 3, 1977, for operations which are subject to the prime farmlands requirements of 30 U.S.C.A. § § 1257(b)(16), 1260(d)(1) and 1265(b)(7) or the environmentally sensitive area requirements of 30 U.S.C. § 1272(e), or both, will require compliance with those sections, including the rules and regulations issued thereunder.

(b) Those sections were effective on the date 30 U.S.C.A. § § 1201—1328 went into effect—August 3, 1977.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

25 Pa. Code § 13.15 Problems.

The appropriate program bureau of the Department should be contacted if there are questions regarding the status of an application.

History

• Source: The provisions of this Chapter 13 adopted February 17, 1978, effective February 18, 1978, 8 Pa.

Chapter 14 Policy for Emergency Mine Subsidence Relief

25 Pa. Code § 14.1 General.

Act 136 of November 8, 1971, provides grants and loans to persons (homeowners) suffering damage to their dwellings due to subsidence caused by underground mining when the Governor finds that the damage constitutes a mine subsidence emergency and makes unused funds available for that purpose.

History

• Authority: The provisions of this Chapter 14 issued under act of November 8, 1971 (P.
• Source: The provisions of this Chapter 14 adopted February 6, 1981, effective February 7, 1981, 11 Pa.

25 Pa. Code § 14.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Eligible homeowner—A person whose dwelling, which he owns and in which he lives, has been damaged by mine subsidence sufficient to cause a mine subsidence emergency, and whose property is not otherwise insured against the total loss incurred and for whom the relief is not available through other State or Federal programs. Mine subsidence emergency—A condition in which a sudden or unexpected movement of the earth under or near a dwelling caused by mine subsidence creates damage to the structural integrity of the dwelling sufficient to make the structure unsafe for occupancy.

History

• Authority: The provisions of this Chapter 14 issued under act of November 8, 1971 (P.
• Source: The provisions of this Chapter 14 adopted February 6, 1981, effective February 7, 1981, 11 Pa.

25 Pa. Code § 14.11 Grants and loans.

(a) Applications for grants and loans shall be made on forms provided by the Department.

(b) Grants may be awarded to eligible homeowners as provided in the following:

(1) For matching Federal funds as may be available to homeowners for emergency mine subsidence relief.

(2) For moving persons whose dwellings have been damaged sufficient to cause a mine subsidence emergency. The expenses shall include the following:

(i) Moving expenses incurred during evacuation and subsequent return.

(ii) Reasonable rental expense incurred during temporary relocation.

(3) For filling voids in the earth caused by the mine subsidence emergency, where necessary for the restoration of the dwelling to a safe and habitable condition and where the grants are not otherwise available.

(c) Loans may be awarded to eligible homeowners for repair or replacement of dwellings, at interest rates not to exceed 2% per annum of the unpaid balance of the principal, provided:

(1) The cost of repair or replacement does not reasonably exceed the fair market value of the structure prior to the mine subsidence emergency.

(2) The cost of repair or replacement is directly related to the specific damage caused by the mine subsidence emergency.

(3) The cost of repair or replacement of the dwelling does not include repair or replacement of personal property.

This section cited in 25 Pa. Code § 14.12 (relating to findings of fact).

History

• Authority: The provisions of this Chapter 14 issued under act of November 8, 1971 (P.
• Source: The provisions of this Chapter 14 adopted February 6, 1981, effective February 7, 1981, 11 Pa.

25 Pa. Code § 14.12 Findings of fact.

(a) In a case where an application is made by a homeowner for emergency subsidence relief, the Department of Environmental Resources will conduct an investigation to:

(1) Determine if the applicant is an eligible homeowner and entitled to receive emergency mine subsidence relief.

(2) Verify that the costs for which application has been made are reasonable and authorized under § 14.11 (relating to grants and loans).

(b) When the Department of Environmental Resources finds that the applicant has met the criteria of subsection (a), the findings will be transmitted to the Governor for approval.

(c) If the Department of Environmental Resources finds that the applicant is not an eligible homeowner, or that the requested amount is either unreasonable or unauthorized by § 14.11, then it will notify the applicant of the deficiencies found.

History

• Authority: The provisions of this Chapter 14 issued under act of November 8, 1971 (P.
• Source: The provisions of this Chapter 14 adopted February 6, 1981, effective February 7, 1981, 11 Pa.

25 Pa. Code § 14.13 Awards.

When the Governor approves the findings of the Department of Environmental Resources, and transfers the available funds, the Department will notify the applicant of the amount of the award and any conditions to which the applicant may be subject. The award will be sent to the applicant when the conditions have been met.

History

• Authority: The provisions of this Chapter 14 issued under act of November 8, 1971 (P.
• Source: The provisions of this Chapter 14 adopted February 6, 1981, effective February 7, 1981, 11 Pa.

25 Pa. Code § 14.14 Loan agreements.

(a) Loans awarded to eligible homeowners will be administered by the Department of Environmental Resources and shall be:

(1) Limited to 15 years in duration.

(2) Payable in monthly installments.

(3) Collectible immediately upon default.

(4) Secured by a lien upon the dwelling being repaired or replaced.

(b) The loan agreement shall provide that the loan will be in default if the recipient fails to present the Department of Environmental Resources with proof that the loan was applied to the cost of repairing the dwelling within 12 months of its receipt.

(c) Upon being advised that a loan has been awarded, the eligible homeowner shall provide the Department of Environmental Resources with an encumbrance abstract, listing liens, mortgages or other encumbrances recorded against the property on which the dwelling is located and an appraisal of the current market value of the property. If the abstract and appraisal reveal that the property has equity equal to at least 50% of the loan, then the Department will provide the eligible homeowner with forms for a mortgage, bond and warrant. Upon execution of these forms, the mortgage shall be recorded, and the attorney of the homeowner shall certify to the Department both the fact of recording and the priority ranking of the lien. When the Department receives this certification, it will issue a check to the eligible homeowner in the amount of the loan.

History

• Authority: The provisions of this Chapter 14 issued under act of November 8, 1971 (P.
• Source: The provisions of this Chapter 14 adopted February 6, 1981, effective February 7, 1981, 11 Pa.

Chapter 23 Environmental Quality Board Policy for Processing Petitions—Statement of Policy

25 Pa. Code § 23.1 Petitions.

(a) Petitions shall be submitted on forms supplied by the Department to the Secretary of the Department of Environmental Protection, Rachel Carson State Office Building, Post Office Box 2063, Harrisburg, Pennsylvania 17105-2063, and shall contain the following information:

(1) The petitioner’s name, address and telephone number.

(2) A description of the action requested in the petition and one of the following:

(i) Suggested regulatory language if the petition requests that the EQB adopt or amend regulations.

(ii) A specific citation to the regulations to be repealed if the petition requests that the EQB repeal existing regulations.

(3) The reason the petitioner is requesting this action from the EQB, including factual and legal contentions as well as supporting documentation which establish the petitioner’s justification for the requested action by the EQB.

(4) The types of persons, businesses and organizations likely to be impacted by this proposal.

(5) For petitions for redesignation of streams under Chapter 93 (relating to water quality standards) and The Clean Streams Law (35 P. S. § § 691.1—691.1001), the petition shall include the following information to satisfy paragraph (3):

(i) A clear delineation of the watershed or stream segment to be redesignated, both in narrative form and on a map.

(ii) The current designated uses of the watershed or segment.

(iii) The requested designated uses of the watershed or segment.

(iv) Available technical data on instream conditions for the following: water chemistry, the aquatic community (benthic macroinvertebrates or fishes, or both) or instream habitat. If these data are not included, provide a description of the data sources investigated.

(v) A description of existing and proposed point and nonpoint source discharges and their impact on water quality or the aquatic community, or both. The names, locations and permit numbers of point source discharges and a description of the types and locations of nonpoint source discharges should be listed.

(vi) Information regarding any of the qualifiers for designation as High Quality Waters (HQ) or Exceptional Value Waters (EV) in § 93.4b (relating to qualifying as high quality or exceptional value waters) used as a basis for the requested designation.

(vii) A general description of land use and development patterns in the watershed. Examples include the amount or percentage of public lands (including ownership) and the amount or percentage of various land use types (such as residential, commercial, industrial, agricultural and the like).

(viii) The names of all municipalities through which the watershed or segment flows, including an official contact name and address.

(ix) Locational information relevant to subparagraphs (iv)—(viii) (except for contact names and addresses) displayed on maps, if possible.

(b) The general procedures in this chapter apply to petitions unless the EQB adopts specific procedures for a particular type of petition. Special procedures have been adopted for petitions requesting that the EQB designate an area as unsuitable for mining activity. These petitions are reviewed under Chapter 86 (relating to surface and underground coal mining: general).

The provisions of this § 23.1 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (258027).

This section cited in 25 Pa. Code § 23.2 (relating to Departmental review).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.2 Departmental review.

The Department will examine the petition to determine if it meets the following conditions:

(1) The petition is complete as required by § 23.1 (relating to petitions).

(2) The petition requests an action that can be taken by the EQB.

(3) The requested action does not conflict with Federal law.

The provisions of this § 23.2 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial pages (258027) to (258028).

This section cited in 25 Pa. Code § 23.3 (relating to notification).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.3 Notification.

The Department will notify the EQB and petitioner of its determination within 30 days of receipt of the petition. If the Department determines that the petition is not appropriate for submittal to the EQB because it does not meet each of the conditions in § 23.2 (relating to Departmental review), the Department’s notification shall state the reasons for its determination and give the petitioner 30 days to complete the petition or modify the request.

The provisions of this § 23.3 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (258028).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.4 Oral presentation.

At the next EQB meeting occurring at least 15 days after the Department’s determination that a petition is appropriate for consideration by the EQB, the Chairperson of the EQB shall inform the EQB of the petition for rulemaking, the nature of the request and the petitioner. The Chairperson shall give the petitioner or the petitioner’s representative the opportunity to make a 5-minute oral presentation on why the EQB should accept the petition. The Department will also make a recommendation on whether the EQB should accept the petition.

The provisions of this § 23.4 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (258028).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.5 Board determination.

The EQB may refuse to accept a petition if it determines that one or more of the following conditions exist:

(1) The EQB has within the previous 2 years considered the issue addressed by the petition for rulemaking as part of an earlier decision concerning the adoption, amendment or deletion of a regulation.

(2) The action requested by the petitioner concerns a matter currently in litigation.

(3) The requested action is not appropriate for rulemaking by the EQB due to policy or regulatory considerations.

(4) The petition involves an issue previously considered by the EQB, and it does not contain information that is new or sufficiently different to warrant reconsideration of that decision. If a petition does present new or sufficiently different information, this information must have been either unavailable at the time of the EQB’s previous decision or not contained in the record of the proceeding in which the previous decision was made.

The provisions of this § 23.5 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.B. 1092; amended March 19, 1991, effective September 14, 1991, 21 Pa.B. 4116; amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial pages (258028) and (243349).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.6 Notice of acceptance and Department report.

If the EQB accepts the petition, a notice of acceptance will be published in the Pennsylvania Bulletin within 30 days. In addition, a report will be prepared in accordance with one of the following procedures:

(1) Petitions other than stream redesignation petitions. The Department will prepare a report evaluating the petition within 60 days. If the report cannot be completed within the 60-day period, at the next EQB meeting the Department will state how much additional time is necessary to complete the report. The Department’s report will include a recommendation on whether the EQB should approve the action requested in the petition. If the recommendation is to change a regulation, the report will also specify the anticipated date that the EQB will consider a proposed rulemaking.

(2) Stream redesignation petitions. The Department will publish notice of its intent to assess the waters subject to evaluation. The notice will include a request for submittal of technical data that interested persons have. Following the assessment and review of all technical data, the Department will prepare a draft evaluation report.

The provisions of this § 23.6 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (243349).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.7 Response to report.

Upon completing the report, the Department will send a copy of the report to the petitioner. Within 30 days of the mailing of the report, the petitioner may submit to the Department a written response to the report.

The provisions of this § 23.7 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (243349).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

25 Pa. Code § 23.8 Board consideration.

The Department will prepare a recommendation to the EQB based on the report and comments received from the petitioner. If regulatory amendments are recommended, the Department will develop a proposed rulemaking for EQB consideration within 6 months after the Department mailed its report to the petitioner. If regulatory amendments are not recommended, the Department will present its recommendation and basis to the EQB at the first meeting occurring at least 45 days after the Department mailed its report to the petitioner.

The provisions of this § 23.8 amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4935. Immediately preceding text appears at serial page (243349).

History

• Source: The provisions of this Chapter 23 adopted March 10, 1989, effective immediately, retroactively applicable to July 19, 1988, 19 Pa.

Chapter 24 Model Procedure for Meaningful Public Participation—Statement of Policy

25 Pa. Code § 24.1 Goals.

(a) Primary goals. A meaningful public participation process has three primary goals. These goals are as follows:

(1) Credibility. By creating a visible decisionmaking process to which all participants have access, public involvement provides a means of making both the decisionmaking process and the resulting decisions credible and acceptable to groups or individuals with highly divergent viewpoints.

(2) Identifying public concerns and values. Because various parties may have fundamentally different points of view, evaluate any proposed action from different perspectives. Public involvement provides a mechanism by which developers can understand the problems, issues and develop possible solutions before the permit application is submitted.

(3) Developing a consensus. Consensus must be formed on an issue-by-issue basis incorporating public concerns and values. Public involvement provides a process by which a consensus can evolve through specific agreed-upon actions.

(b) Scenarios. Two possible scenarios can be envisioned: either the developer announces its intent to search for a site for the purpose of providing a facility to manage hazardous wastes or announces its intent to apply for a permit on a specific site which has already been selected. Clearly, the chances of success would appear to be heightened if the former scenario were the one being considered.

History

• Source: The provisions of this Chapter 24 adopted February 2, 1990, effective February 3, 1990, 20 Pa.

25 Pa. Code § 24.2 Responsibilities of the developer.

The responsibilities of the developer are as follows:

(1) Announce an intent to search for a site by publishing a notice in a display ad in two local newspapers of general circulation in the search areas of the sites once a week for 2 successive weeks and issue a press release. The intent is to provide maximum public exposure.

(2) Define the search area—county, multicounty, region or State.

(3) Form a working committee of at least 15 members to be constituted of substantially equivalent proportions of the following four groups: private citizens, representatives of public interest groups, public officials, representatives of organizations or groups who have a substantial interest in hazardous waste and an academic scientist. Make a public announcement of the formation of the committee.

(4) Solicit committee members through contacts with the entities in subparagraphs (i)—(xiii). A developer may find that its committee may have more credibility if it affords the municipal officials, or other independent group, the opportunity to select members of the committee.

(i) Public interest groups.

(ii) Municipal/county officials.

(iii) Environmental groups.

(iv) Civic organizations.

(v) Business/industry organizations.

(vi) Labor organizations.

(vii) Trade organizations.

(viii) Consumer organizations.

(ix) Agricultural groups.

(x) Academic interests.

(xi) Health professions.

(xii) Waste generators.

(xiii) Waste transporters.

(5) Structure the committee members so that at least half reside in or represent interests in the search area or near the locale of the specific site being considered.

(6) Be willing to adopt a full disclosure posture, to have meaningful public participation by the committee. This means that pertinent information about the characteristics of the proposed sites and processes, except that information which would meet Department standards for confidentiality, will be made available. The developer should also be prepared to provide vital information relative to the financial and management integrity of the company.

(7) Pay out-of-pocket expenses of committee members who request them and expenses of public communications approved by the committee. If the committee requires the services of an independent recorder, these expenses will also be borne by the developer.

(8) Maintain a local docket, accessible to the public, containing all information discussed by the committee including committee meetings and any other information pertinent to the decisionmaking process, except proprietary or business confidential information.

(9) Develop a mailing list, with the assistance of the committee, to provide information about committee meetings.

(10) If the committee decides to employ an independent consultant, negotiate a reasonable cost for that service to be paid by the developer. The consultant will assist the committee in the evaluation of alternate sites or technologies, or both, for the hazardous waste facility or in other areas, such as the public involvement process.

History

• Source: The provisions of this Chapter 24 adopted February 2, 1990, effective February 3, 1990, 20 Pa.

25 Pa. Code § 24.3 Committee responsibilities.

As a functioning committee, the following guidelines will prevail:

(1) Committee meetings will be open to the public and subject to public notice.

(2) The committee will decide the time and place of the meetings, elect a chairperson and develop the meeting agenda in consultation with the developer.

(3) When the committee is considering the merits of a site search, the committee may recommend additional members to the developer to represent host communities as the search for a site narrows.

(4) The committee will communicate regularly with the public through public announcements and a mailing list, and the expenses of this communication will be paid by the developer.

History

• Source: The provisions of this Chapter 24 adopted February 2, 1990, effective February 3, 1990, 20 Pa.

25 Pa. Code § 24.4 Process.

(a) The developer will do the following:

(1) Identify the search area or specific sites to the committee. For the purpose of blind evaluation, sites may be identified solely by characteristics rather than by name or specific location.

(2) Describe the process by which those search areas or sites were selected, including proposals to mitigate concerns relative to Phase II of the siting criteria.

(3) Describe the proposed technologies or alternative technologies, or both.

(b) The committee will, at a minimum, do the following:

(1) Review and comment on the site selection process and the suitability of alternative sites in regard to the siting criteria.

(2) Review and comment on proposed mitigation measures to accommodate Phase II of the siting criteria.

(3) Review and comment on the proposed alternative technologies.

(4) Review and comment on the qualifications of the developer.

(5) Review and comment on the developer’s proposal in terms of its conformance with Pennsylvania’s Hazardous Waste Facilities Plan.

(6) Recommend and evaluate both appropriate incentives and cooperative agreements to meet local concerns.

(7) Review and comment on other relevant matters.

(c) The developer, following committee deliberations, will do the following:

(1) Review with the committee the results of its review and comments, including modifications and mitigating measures.

(2) Select the site and technology for the proposed facility.

(3) Announce and publicize the selections.

(d) The committee, augmented by local representatives from the host county and municipality for the selected sites, then reviews and comments on the conformance of the actual selections relative to the deliberations of the committee in reviewing the sites and alternate technologies.

(e) The developer will then provide the following:

(1) Full public documentation of the site selection process, including an executive summary, to be made available in a local public building. The documents will include preliminary, broad-based assessments of the socio-economic and other aspects of the proposed facility.

(2) At least 45 days for public review and written comment to the committee.

(f) The committee will then do the following:

(1) Receive the public comments and review them with the developer.

(2) After reviewing public comments, make appropriate additional recommendations regarding the site and technology selected, modification and mitigation measures or the selection process.

(g) The developer will then do the following:

(1) Submit its permit application.

(2) Begin the public participation review process associated with the permit application process.

History

• Source: The provisions of this Chapter 24 adopted February 2, 1990, effective February 3, 1990, 20 Pa.

Subpart C Protection of Natural Resources

Chapter 73 Standards for Onlot Sewage Treatment Facilities

25 Pa. Code § 73.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Absorption area—A component of an individual or community sewage system where liquid from a treatment tank seeps into the soil; it consists of an aggregate-filled area containing piping for the distribution of liquid and the soil or sand/soil combination located beneath the aggregate. Act—The Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20). Aggregate—Coarse material manufactured from stone, gravel or slag, having Type B characteristics as described in Department of Transportation specifications, Form 408, section 703.3, Table B and uniform size and grading equivalent to American Association of State Highway and Transportation Officials No. 57, as described in Form 408, section 703.3, 2 Table C. Agricultural areas—Areas used primarily for the production of crops and where the soil is without vegetative cover during certain periods of the year. Alternate sewage system—A method of demonstrated onlot sewage treatment and disposal not described in this part. Bonded disposal system—An individual sewage system located on a single lot serving a single family residence, where soil mottling is within 20 inches of the mineral soil surface, the installation, operation and replacement of which is guaranteed by the property owner. Building sewer—Piping carrying liquid wastes from a building to the treatment tank or holding tank. Buried sand filter—A system of piping, sand media, aggregate and collection piping in a buried liner used for the intermittent filtration and biochemical treatment of sewage. Clean Streams Law—The Clean Streams Law (35 P. S. § § 691.1—691.1001). Conventional sewage system—A system employing the use of demonstrated onlot sewage treatment and disposal technology in a manner specifically recognized by this chapter. The term does not include alternate or experimental sewage systems. Dosing pump—The pump housed in a dosing tank which provides a measured volume of sewage effluent to the pressurized distribution system in an absorption area. Experimental sewage system—A method of onlot sewage treatment and disposal not described in this title which is proposed for the purpose of testing and observation. Filter tank—The tank housing the piping and sand of the free access sand filter. Forested areas—Areas where the predominant vegetative cover is comprised of trees with a closed canopy. Free access sand filter—An accessible system of tanks, dose piping, sand media, aggregate and collection piping used for the intermittent filtration and biochemical treatment of sewage. Geotextile—Material consisting of mesh polypropylene, polyester, nylon or similar material, used to prevent migration of fine aggregate into coarser aggregate. Grassed area—An area where the predominant vegetative cover is comprised of grasses, bushes or trees not forming a closed canopy. Individual residential spray irrigation system—An individual sewage system which serves a single dwelling and which treats and disposes of sewage using a system of piping, treatment tanks and soil renovation through spray irrigation. Individual sewage system—A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance to another site for final disposal. Industrial waste—A liquid, gaseous, radioactive, solid or other substance, which is not sewage, resulting from manufacturing or industry or other plant or works and mine drainage, silt, coal mine solids, rock, debris, dirt and clay from coal mines, coal collieries, breakers or other coal processing operations. The term includes substances whether or not generally characterized as waste. Lift pump—A submersible pump used to convey effluent to the sand filter and from the sand filter to the chlorine/retention tank. Municipality—A city, incorporated town, township, borough or home rule municipality other than a county. NSF—National Sanitation Foundation. Official plan—A comprehensive plan for the provision of adequate sewage systems adopted by a municipality possessing authority over the provision of the systems and submitted to and approved by the Department as provided by the act and Chapter 71 (relating to administration of sewage facilities program). Person—The term includes an individual; association; public or private corporation for-profit or not-for-profit; partnership; firm; trust; estate; department; board; bureau or agency of the United States or the Commonwealth; political subdivision; municipality; district; authority; or other legal entity which is recognized by law as the subject of rights and duties. The term includes the members of an association, partnership or firm and the officers of a local agency or municipal, public or private corporation for-profit or not-for-profit. Qualified registered professional engineer—A person registered to practice engineering in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems. Qualified registered professional geologist—A person registered to practice geology in this Commonwealth who has experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems. Qualified soil scientist—A person certified as a sewage enforcement officer and who has documented 2 years’ experience in the characterization, classification, mapping and interpretation of soils as they relate to the function of onlot sewage disposal systems and either a Bachelor of Science Degree in soils science from an accredited college or university or certification by the American Registry of Certified Professionals in Agronomy, Crops and Soils. Retaining tank—A watertight receptacle which receives and retains sewage and is designed and constructed to facilitate ultimate disposal of the sewage at another site. The term includes the following:

(i) Chemical toilet. A permanent or portable nonflushing toilet using chemical treatment in the retaining tank for odor control.

(ii) Holding tank. A tank, whether permanent or temporary, to which sewage is conveyed by a water-carrying system.

(iii) Privy. A tank designed to receive sewage where water under pressure is not available.

(iv) Incinerating toilet. A device capable of reducing waste materials to ashes.

(v) Composting toilet. A device for holding and processing human and organic kitchen waste employing the process of biological degradation through the action of microorganisms to produce a stable, humus-like material.

(vi) Recycling toilet. A device in which the flushing medium is restored to a condition suitable for reuse in flushing. Sewage—A substance that contains the waste products or excrement or other discharge from the bodies of human beings or animals; a substance harmful to the public health, to animal or aquatic life or to the use of water for domestic water supply or for recreation; or a substance which constitutes pollution under The Clean Streams Law. Sewage enforcement officer—An official of the local agency who reviews permit applications and sewage facilities planning modules and issues permits as authorized by the act and conducts the investigations and inspections that are necessary to implement the act and regulations thereunder. Sewage facilities—A system of sewage collection, conveyance, treatment and disposal which will prevent the discharge of untreated or inadequately treated sewage or other waste into waters of this Commonwealth or otherwise provide for the safe and sanitary treatment and disposal of sewage or other waste. The term includes:

(i) Individual sewage system—A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into waters of this Commonwealth or by means of conveyance to another site for final disposal.

(A) Individual onlot sewage system—An individual sewage system which uses a system of piping, tanks or other facilities for collecting, treating or disposing of sewage into a soil absorption area or spray field or by retention in a retaining tank.

(B) Individual sewerage system—An individual sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank.

(ii) Community sewage system—A sewage facility, whether publicly or privately owned, for the collection of sewage from two or more lots, or two or more equivalent dwelling units and the treatment or disposal, or both, of the sewage on one or more of the lots or at another site.

(A) Community onlot sewage system—A community sewage system which uses a system of piping, tanks or other facilities for collecting, treating and disposing of sewage into a soil absorption area or retaining tank.

(B) Community sewerage system—A publicly or privately owned community sewage system which uses a method of sewage collection, conveyance, treatment and disposal other than renovation in a soil absorption area, or retention in a retaining tank. Small flow treatment facility—An individual or community sewerage system designed to adequately treat sewage flows not greater than 2,000 gpd for final disposal using a stream discharge or other methods approved by the Department. Soil horizon—A layer of soil approximately parallel to the soil surface with characteristics produced by soil-forming processes. Soil mottling (redoximorphic features)—A soil color pattern consisting of patches of different colors or shades of color interspersed with the dominant soil color which results from prolonged saturation of the soil. Soil profile—The collection of soil horizons, including the natural organic layers on the surface. Solids retainer—A deflection device at the outlet tee or baffle of a septic tank designed to deflect buoyed solids from escaping the tank. Spray field—Piping, spray heads and ground surface to the outside edges of the wetted perimeter, used for the application and treatment of the sewage effluent in an individual residential spray irrigation system. Treatment tank—A water-tight tank designed to retain sewage long enough for satisfactory bacterial decomposition of the solids to take place. The term includes the following:

(i) Septic tank—A treatment tank that provides for anaerobic decomposition of sewage prior to its discharge to an absorption area.

(ii) Aerobic sewage treatment tank—A mechanically aerated treatment tank that provides aerobic biochemical stabilization of sewage prior to its discharge to an absorption area. Undisturbed soil—Soil or soil profile, unaltered by removal or other man-induced changes, except for agricultural activities, that would adversely affect the siting or operation of onlot systems. Water of this Commonwealth—Rivers, streams, creeks, rivulets, impoundments, ditches, water courses, storm sewers, lakes, dammed water, ponds, springs and other bodies or channels of conveyance of surface and underground water, or any of their parts, whether natural or artificial within or on the boundaries of this Commonwealth.

The provisions of this § 73.1 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.1 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221905) to (221908).

Treatment Tank

A county zoning board’s description of a package treatment plant designed for twenty mobile home units, piping effluent 800 feet to the nearest perennial running creek, appears to fit the definition of aerobic sewage treatment tank in 25 Pa. Code § 73.1 (relating to definitions). Voortman v. Bucks County Zoning Hearing Board, 343 A.2d 393 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.2 Scope.

This chapter applies to sewage enforcement officers administering the act, as well as to persons installing individual onlot sewage systems or community onlot sewage systems as defined in this chapter.

The provisions of this § 73.2 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.2 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221909).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.3 Policy.

(a) A person planning or designing a facility or intending to utilize individual or community sewage systems is advised of the importance of good water conservation practices and the potential value of water conservation, recycle or reuse systems as a means of prolonging the life of the sewage system, as well as ensuring the availability of adequate water supplies in the future.

(b) When considering corrective measures for malfunctioning sewage disposal systems which have been constructed in accordance with this chapter or applicable regulations at the time of construction, the efforts of the local agency or the Department will not be restricted by this chapter. It will be the policy of the Department and local agencies administering this chapter to first consider all individual onlot and community onlot sewage systems described in this chapter, excluding holding tanks, in the correction of existing malfunctions and, when the systems cannot be constructed in accordance with this chapter, to provide the best technical guidance possible in attempting to resolve existing pollution or environmental health problems. When application of best technical guidance results in the absorption area or spray field encroaching on the regulated isolation distance to a well, the proper well abandonment procedure or the relocation of the well should be considered. The requirements of § 72.33 (relating to well distance exemption) may be waived at the discretion of the local agency. This policy will not limit or preclude the use of experimental systems as provided in § § 73.71 and 73.72 (relating to experimental sewage systems; and alternate sewage systems), small flow treatment systems permitted under the Clean Streams Law or, when no other alternatives are available, holding tanks.

(c) The Department recognizes the existence of technologies related to onlot sewage disposal which are not specifically addressed in this chapter as well as technologies from other disciplines which may be applied to the design or construction of an onlot sewage disposal system. Experimental sewage system permits provide a method for the testing and evaluation of new concepts and technologies applicable to onlot disposal in this Commonwealth. Experimental permits may be limited in number on a Statewide basis. The Department will determine the number of experimental permits that may be issued for a specific experimental technology or design. An experimental onlot sewage disposal system permit shall be required for all technologies, methods, system components, systems and designs the Department deems experimental. Alternate sewage systems provide a classification for innovative and alternative technology which has been developed through the experimental program, by application of existing technologies from other disciplines or through technological advances from other areas of the United States. The alternate sewage system permit will provide a method for utilizing proven technologies within this Commonwealth without constant changes to this chapter. Systems shall be permitted only where it is demonstrated that the proposed system will protect the public health and prevent pollution of the waters of this Commonwealth.

The provisions of this § 73.3 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.3 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221909) to (221910).

This section cited in 25 Pa. Code § 72.33 (relating to well isolation distance exemption).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.11 General.

(a) No person may install, and no sewage enforcement officer may issue a permit for or approve, a sewage system which violates this chapter.

(b) A structure may not be occupied before the sewage system is finally inspected, approved and covered. Except when the sewage enforcement officer requires a change to the installation schedule because of weather and soil conditions, the permit may be modified with conditions to be established by the local agency to allow use of a septic tank as a temporary holding tank. In these instances, § § 71.61 and 71.63(b)(1) and (2), (c)(1) and (2), 73.61 and 73.62(b) do not apply. Absorption areas shall be covered by the permittee within 5-calendar days after final inspection and approval to prevent damage.

(c) Liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. A sewage system may not discharge untreated or partially treated sewage to the surface of the ground or into the waters of this Commonwealth except as specifically permitted under sections 202 and 207 of the Clean Streams Law (35 P. S. § § 691.202 and 691.207) and individual residential spray irrigation systems permitted by local agencies under section 7.3 of the act (35 P. S. § 750.7c).

(d) Where additional absorption area is installed to increase the total area of an existing system and flows are generated from a common treatment tank, loading per square foot of the new area and the existing area shall be equal.

(e) Discharge from roof gutters, foundation drainage, floor drains not from sewage generating connections and surface runoff may not be discharged to a treatment tank; nor may the discharges be permitted to flow over an absorption area or spray fields.

(f) The discharge of inadequately disinfected effluent or the discharge of effluent in a manner inconsistent with the system design specifications from an individual residential spray irrigation system shall constitute a nuisance.

The provisions of this § 73.11 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.11 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended January 9, 1987, effective January 10, 1987, 17 Pa.B. 172; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221910) to (221911).

For the construction of a sewage disposal system, the provisions of 25 Pa. Code § 73.11(c) (relating to overall requirements) and 25 Pa. Code § 73.71(b)(5) (relating to standard trenches) require at least 6 feet between the soil surface and the seasonal high water table. Department of Environmental Resources v. Flynn, 344 A.2d 720 (Pa. Cmwlth. 1975).

A property owner acquired a vested right in a municipal permit, even though it was issued on the basis of a mistake in the seasonal highwater table, where he had exercised due diligence and good faith in attempting to comply with the law and had expended substantial unrecoverable funds and where no appeal had been taken from the issuance of the permit and there was insufficient evidence to prove that public health and safety would be adversely affected by use of the permit. Department of Environmental Resources v. Flynn, 344 A.2d 720 (Pa. Cmwlth. 1975).

Testimony as to excavations in nearby lots does not satisfy the applicant’s burden of proving what soil conditions exist beneath the proposed excavation and the mere possibility that pollution could result from the installation of the proposed sewage disposal system would be enough to justify the regulations. Department of Environmental Resources v. Metzger, 347 A.2d 743 (Pa. Cmwlth. 1975).

The fact that the Department of Environmental Resources tests indicated that the soil suitability was marginal and that the Department of Environmental Resources granted a permit for a proposed experimental sewer system did not place any liability on the Department of Environmental Resources or on the Township when the system malfunctioned. Londonderry Township v. Geyer, 537 A.2d 377 (Pa. Cmwlth. 1988).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.12 Site location.

(a) A proposed absorption area or spray field having the following characteristics shall be considered unsuitable for the installation of an onlot system or an individual residential spray irrigation system and a permit shall be denied where:

(1) The slope of the proposed absorption area or spray field is greater than 25%.

(2) The area is identified by completed Federal Flood Insurance mapping as a floodway. Where there is no flood mapping, a flood way extends 50 feet from the top of the stream bank as determined by the local agency. This paragraph is not applicable to spray fields.

(3) One or more rock outcrops exist within the proposed absorption area.

(4) In areas underlain by limestone, depressions left by earlier sinkholes exist either in whole or in part within the proposed absorption area or spray field.

(b) Absorption areas or spray fields may not be placed in or on fill unless the fill has remained in place for a minimum of 4 years to allow restoration of natural permeability. The fill shall be composed of clean mineral soil and meet the provisions of § 73.14 (relating to site investigation).

(c) Absorption areas or spray fields shall be sited only in or on undisturbed soils.

The provisions of this § 73.12 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.12 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (221911).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.13 Minimum horizontal isolation distances.

(a) Minimum horizontal isolation distances shown in subsections (b)—(e) shall be maintained between the sewage disposal system and the features itemized except as provided by § 72.33 (relating to well isolation distance exemption). If conditions warrant, greater isolation distances may be required.

(b) The minimum horizontal isolation distances between the features named and treatment tanks, dosing tanks, lift pump tanks, filter tanks and chlorine contact/storage tanks shall comply with the following:

(1) Property line, easement or right-of-way—10 feet.

(2) Occupied buildings, swimming pools and driveways—10 feet.

(3) An individual water supply or water supply system suction line—50 feet.

(4) Water supply line under pressure—10 feet.

(5) Streams, lakes or other surface waters—25 feet.

(6) A cistern used as a water supply—25 feet.

(c) The following minimum horizontal isolation distances shall be maintained between the features named and the perimeter of the aggregate in the absorption area:

(1) Property line, easement or right-of-way—10 feet.

(2) Occupied buildings, swimming pools and driveways—10 feet.

(3) An individual water supply or water supply system suction line—100 feet.

(4) Water supply line under pressure—10 feet.

(5) Streams, water courses, lakes, ponds or other surface water—50 feet (for the purposes of this chapter wetlands are not surface waters).

(6) Other active onlot systems—5 feet.

(7) Surface drainageways—10 feet.

(8) Mine subsidence areas, mine bore holes or sink holes—100 feet.

(9) Rock outcrop or identified shallow pinnacle—10 feet.

(10) Natural or manmade slope greater than 25%—10 feet.

(11) A cistern used as a water supply—25 feet.

(12) Detention basins, retention basins and stormwater seepage beds—10 feet.

(d) The following minimum horizontal isolation distances shall be maintained between the features named and the wetted perimeter of the spray field:

(1) Property lines, easements or right of ways—25 feet.

(2) Occupied buildings and swimming pools—100 feet.

(3) An individual water supply or water supply suction line—100 feet.

(4) A cistern used as a water supply—25 feet.

(5) Water supply line under pressure—10 feet.

(6) Streams, watercourses, lakes, ponds or other surface waters—50 feet. For the purposes of this chapter wetlands are not surface waters.

(7) Mine subsidence, boreholes, sinkholes—100 feet.

(8) Roads or driveways—25 feet.

(9) Unoccupied buildings—25 feet.

(10) Rock outcrop—25 feet.

(e) The area within the wetted perimeter of the spray field may not be sited over an unsuitable soil profile.

The provisions of this § 73.13 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.13 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508.

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 72.32 (relating to sales contracts); 25 Pa. Code § 72.33 (relating to well isolation distance exemption); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.14 Site investigation.

(a) Absorption area. Soil tests to determine the presence of a limiting zone and the capacity of the soil to permit the passage of water shall be conducted prior to permit issuance.

(1) On all locations where the installation of an absorption area is proposed, at least one excavation for examination of the soil profile shall be provided.

(2) The depth of the excavation shall be to the top of the limiting zone, or a maximum of 7 feet.

(3) All soil profile excavations shall be conducted within 10 feet of the proposed absorption area. A description of the soil profile shall be recorded on the site investigation and percolation test report form for onlot disposal of sewage issued by the Department.

(4) Where soil has been removed by grading or excavation, the surface of the undisturbed soil shall be considered to be the point from which the depth to limiting zone is measured. Excavatating soil to system installation depth for the purpose of installing the system may not be considered disturbing the soil.

(5) When the examination of the soil profile reveals a limiting zone within 20 inches of the mineral soil surface, percolation tests may not be conducted and a permit will be denied except as provided in § 73.77 (relating to general requirements for bonded disposal systems).

(6) Where examination of the soil profile reveals the absence of a limiting zone within 20 inches of the mineral soil surface, percolation tests shall be performed within the proposed absorption area. The average percolation rate shall be within the range indicated in § 73.16 (relating to absorption area requirements).

(7) The location and depth to the limiting zone of all soil profile excavations and the location of all percolation tests conducted on a lot shall be indicated on the plot plan of the Application for Sewage Disposal System issued by the Department or attached diagram.

(b) Spray field.

(1) Soil tests to determine the presence of a limiting zone shall be conducted prior to permit issuance.

(2) A minimum of 4 soil profile evaluations shall be evenly spaced within 10 feet of the perimeter of the proposed spray field when the spray field is less than or equal to 20,000 square feet.

(3) Spray fields in excess of 20,000 square feet shall be evaluated by evenly spacing the soil profiles within 10 feet of the perimeter of the proposed spray field at intervals of 100 feet or less.

(4) The soil profile information collected within the proposed spray field area shall be considered in the design and permitting of the system. Additional soils profiles, both on the perimeter or within the proposed spray field, may be required when the sewage enforcement officer identifies trends in the soils profiles or surface features which document variable soils conditions in the area of the proposed spray field. These trends include, but are not limited to, unsuitable soil areas mixed with suitable soils within the proposed site and surface features such as rock outcrops, mine subsidence, boreholes and sinkholes.

(5) Soil profiles shall be evaluated to the depth of bedrock, or rock formation or 40 inches whichever is shallower.

(6) When the examination of the soil profile reveals a limiting zone of a seasonal high water table within 10 inches of the mineral soil surface or a limiting zone as indicated by bedrock or coarse fragments with insufficient fine soil to fill voids that are located within 16 inches of the mineral soil surface, a permit for an individual residential spray irrigation system will be denied.

The provisions of this § 73.14 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.14 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221912) to (221913).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 73.12 (relating to site location); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.15 Percolation tests.

Percolation tests shall be conducted in accordance with the following procedure:

(1) Number and location. Six or more tests shall be made in separate test holes spaced uniformly over the proposed absorption area site.

(2) Results. Percolation holes located within the proposed absorption area shall be used in the calculation of the arithmetic average percolation rate.

(3) Type of hole. Holes having a uniform diameter of 6 to 10 inches shall be bored or dug as follows:

(i) To the depth of the proposed absorption area, where the limiting zone is 60 inches or more from the mineral soil surface.

(ii) To a depth of 20 inches if the limiting zone is identified as seasonal high water table, whether perched or regional; rock formation; other stratum; or other soil condition which is so slowly permeable that it effectively limits downward passage of effluent, occurring at less than 60 inches from the mineral soil surface.

(iii) To a depth 8 inches above the limiting zone or 20 inches, whichever is less, if the limiting zone is identified as rock with open joints or with fractures or solution channels, or as masses of loose rock fragments including gravel with insufficient fine soil to fill the voids between the fragments, occurring at less than 60 inches from the mineral soil surface.

(4) Preparation. The bottom and sides of the hole shall be scarified with a knife blade or sharp-pointed instrument to completely remove any smeared soil surfaces and to provide a natural soil interface into which water may percolate. Loose material shall be removed from the hole. Two inches of coarse sand or fine gravel shall be placed in the bottom of the hole to protect the soil from scouring and clogging of the pores.

(5) Procedure for presoaking. Holes shall be presoaked, according to the following procedure, to approximate normal wet weather or in-use conditions in the soil:

(i) Initial presoak. Holes shall be filled with water to a minimum depth of 12 inches over the gravel and allowed to stand undisturbed for 8 to 24 hours prior to the percolation test.

(ii) Final presoak. Immediately before the percolation test, water shall be placed in the hole to a minimum depth of 6 inches over the gravel and readjusted every 30 minutes for 1 hour.

(6) Determination of measurement interval. The drop in the water level during the last 30 minutes of the final presoaking period shall be applied to the following standard to determine the time interval between readings for each percolation hole:

(i) If water remains in the hole, the interval for readings during the percolation test shall be 30 minutes.

(ii) If no water remains in the hole, the interval for readings during the percolation test may be reduced to 10 minutes.

(7) Measurement. After the final presoaking period, water in the hole shall again be adjusted to approximately 6 inches over the gravel and readjusted when necessary after each reading.

(i) Measurement to the water level in the individual percolation holes shall be made from a fixed reference point and shall continue at the interval determined from paragraph (6) for each individual percolation hole until a minimum of eight readings are completed or until a stabilized rate of drop is obtained whichever occurs first. A stabilized rate of drop means a difference of 1/4 inch or less of drop between the highest and lowest readings of four consecutive readings.

(ii) The drop that occurs in the final period in percolation test holes, expressed as minutes per inch, shall be used to calculate the arithmetic average percolation rate.

(iii) When the rate of drop in a percolation test is too slow to obtain a measurable rate, the rate of 240 minutes per inch shall be assigned to that hole for use in calculating the arithmetic average percolation rate. The absorption area may be placed over holes with no measurable rate when the average percolation rate for the proposed absorption area is within the limits established in § 73.16 (relating to absorption and spray field area requirements), Table A.

(iv) When a percolation test hole is dry at the end of a 10 minute testing interval, that hole may not be used in the calculation of the arithmetic average percolation rate. If 1/3 or more of the percolation test holes are dry at the end of a 10 minute testing interval, the proposed absorption area may not be designed or installed over these holes unless the local agency determines that an anomaly caused the fast percolation rate and a retest of the area is within the acceptable percolation rate limits. If no anomaly is discovered, the local agency may accept the percolation test results from the remaining holes if the results are supplemented with the results of additional percolation testing conducted outside of the area in which the dry percolation holes were found.

The provisions of this § 73.15 amended under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.15 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (221913) to (221915).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); and 25 Pa. Code § 73.54 (relating to subsurface sand filters).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.16 Absorption and spray field area requirements.

(a) General. Absorption areas and spray fields for single family dwellings not served by a community sewage system shall be designed based on a minimum flow of 400 gpd for all dwellings having three bedrooms or less. The minimum flow of 400 gpd shall be increased by 100 gpd for each bedroom over three.

(b) Absorption areas.

(1) Only the bottom of the aggregate area of the bed or trench shall be used in calculating absorption area requirements.

(2) Absorption area requirements for single family dwellings served by a community sewage system and for apartments or nonresidential establishments served by an individual onlot or community onlot sewage system shall be designed based on flows listed in § 73.17 (relating to sewage flows) for the type of facility to be served.

(3) For nonresidential establishments, a volume of 200 gpd shall be the minimum volume used in calculating the size of the absorption area.

(c) Required absorption area. Table A shall be used in calculating the square footage of absorption area required based on flows determined in subsections (a) and (b). Table A includes allowances for garbage grinders, automatic washing machines or dishwashers and water softeners.

(d) Substitute. When a substitute for aggregate, such as a leaching chamber, large diameter pipe, or other material or device, is used in the absorption area, subsection (b)(1) applies.

A Pressure dosing required.

B One third reduction may be permitted for use of an aerobic tank.

C May be considered for experimental or alternate proposals.

D Unsuitable for subsurface sand filters.

(e) Spray fields. Table B shall be used in calculating the square footage of spray fields based on flows determined in Subsection (a). Table B includes allowances for garbage grinders, automatic washing machines, dishwashers and water softeners.

The provisions of this § 73.16 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.16 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877; corrected November 21, 1997, 27 Pa.B. 6079. Immediately preceding text appears at serial pages (221915) to (221916) and (217317) to (217318).

This section cited in 25 Pa. Code § 71.52 (relating to content requirements—new land development revisions); 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 72.22 (relating to permit issue); 25 Pa. Code § 73.14 (relating to site investigation); 25 Pa. Code § 73.15 (relating to percolation tests); 25 Pa. Code § 73.54 (relating to subsurface sand filters); 25 Pa. Code § 73.161 (relating to general); and 25 Pa. Code § 73.163 (relating to spray fields).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.17 Sewage flows.

(a) The flow figures in this subsection and subsection (b) are peak daily flows for the design of community onlot sewage systems. These flow figures are not intended to be used for the calculation of flows for the design of community sewerage systems or for the allocation of flows related to community sewerage systems. Design and permit sewage flows for a community sewerage system are to be calculated using the procedures established in the Department’s ‘‘Domestic Wastewater Facilities Manual.’’ The sewage flow from single family dwellings served by a community onlot sewage system or from apartments, rooming houses, hotels and motels served byan individual or community sewage system shall be determined from the following table:

*For units of 3 bedrooms or less; for each bedroom over 3, add 100 gallons.

(b) The sewage flow, which shall exclude any industrial waste, for nonresidential establishments served by an individual or community sewage system shall be determined from the following table:

(c) Actual water meter or sewer meter flow data indicating peak daily flows different than those shown in this section over a 1-year period for a similar nonresidential establishment may be accepted for use in sizing the onlot disposal system. If average daily flows are used, the peak daily flow shall be calculated by multiplying the average daily flow by two.

(d) Establishments with food preparation facilities are required to install adequately designed pretreatment units and traps to reduce greases and biological oxygen demand (BOD) prior to discharge to an individual or community sewage system.

The provisions of this § 73.17 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.17 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217318) to (217320).

This section cited in 25 Pa. Code § 71.52 (relating to content requirements—new land development revisions); 25 Pa. Code § 72.22 (relating to permit issuance); 25 Pa. Code § 73.16 (relating to absorption area requirement); 25 Pa. Code § 73.31 (relating to standards for septic tanks); 25 Pa. Code § 73.32 (relating to standards for aerobic treatment tanks); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.21 Specifications.

(a) Building sewers shall be constructed of a durable material acceptable to the Department or the local agency.

(b) The local agency may restrict the type of materials used by code, ordinance or resolution and shall notify the applicant when restrictions are imposed.

(c) When the average daily flow of sewage from an establishment is 1,000 gallons or less, building sewers shall be at least 3 inches in diameter unless otherwise specified by local plumbing or building codes. When the average daily flow exceeds 1,000 gpd, all building sewers shall be at least 6 inches in diameter unless otherwise specified by local plumbing or building codes.

(d) Cleanouts shall be provided at the junction of the building drain and building sewer.

(e) Cleanouts shall be provided at intervals of not more than 100 feet.

(f) Bends ahead of the treatment tank shall be limited to 45° or less where possible. If 90° bends cannot be avoided, they shall be made with two 45° bends.

(g) The grade of the building sewer shall be at least 1/8 inch per foot; however, the grade of the 10 feet of building sewer immediately preceding the treatment tank may not exceed 1/4 inch per foot.

(h) Building sewers shall be constructed with watertight joints, shall be of sufficient strength to withstand imposed loads and installed on material suitable for preventing damage from settling.

(i) The building sewer shall be installed to allow continuous venting of the treatment tank through the main building stack unless otherwise specified by local plumbing or building codes.

(j) Building sewers shall be connected to treatment tanks by means of watertight mechanical seals or hydraulic grouting. Use of Portland cement grouting is not permitted.

The provisions of this § 73.21 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.21 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (217320).

This section cited in 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.31 Standards for septic tanks.

(a) Capacity.

(1) The minimum liquid septic tank capacity for any installation is 900 gallons.

(2) For single-family dwelling units, not served by a community onlot system, a minimum daily flow of 400 gpd shall be used to determine required septic tank capacity. This figure shall be increased by 100 gallons for each additional bedroom over three. The daily flow indicated provides for use of garbage grinders, automatic washing machines, dishwashers and water softeners.

(3) The minimum septic tank capacity shall be calculated from the following table using estimated sewage flows from paragraph (2), or § 73.17(a)—(c) (relating to sewage flows):

Note: Septic tanks may be connected in series to attain required capacity.

(b) Construction.

(1) Tanks shall be watertight and constructed of sound and durable material not subject to excessive corrosion or decay.

(i) Precast concrete tanks shall have a minimum wall thickness of 2 1/2 inches and be adequately reinforced.

(ii) Precast slabs used as covers shall have a thickness of at least 3 inches and be adequately reinforced.

(iii) Tanks having a liquid capacity of 5,000 gallons or less may not be constructed of blocks, bricks or similar masonry construction.

(iv) Tanks having a capacity in excess of 5,000 gallons may be constructed onsite to meet the standards of the National Concrete Masonry Association for reinforcement and waterproofing as listed in the most recent edition of its publication ‘‘Concrete Masonry Foundation Walls,’’ copyright 1957 NCMA.

(v) Steel tanks shall meet United States Department of Commerce Standards 177-62.

(2) The depth of liquid in any tank or its compartments shall be:

(i) Not less than 2 1/2 nor more than 5 feet for tanks having a liquid capacity of 600 gallons or less.

(ii) Not less than 3 feet nor more than 7 feet for tanks having a liquid capacity of more than 600 gallons.

(3) No tank or compartment may have an inside horizontal dimension less than 36 inches.

(4) Septic tank installations shall consist of tanks with multiple compartments or multiple tanks. The first compartment or tank shall have at least the same capacity as the second but may not exceed twice the capacity of the second. Tanks or compartments shall be connected in series and may not exceed four in number in any one installation.

(c) Inlet and outlet connections.

(1) The bottom of the inlet shall be a minimum of 3 inches above the bottom of the outlet.

(2) Inlet baffles or vented tees shall extend below the liquid level at least 6 inches. Penetration of the inlet device may not exceed that of the outlet device.

(3) The outlet baffles or vented tees of each tank or compartment shall extend below the liquid surface to a distance equal to 40% of the liquid depth. Penetration of outlet baffles or tees in horizontal cylindrical tanks shall be equal to 35% of the liquid depth.

(4) The inlet and outlet baffles or vented tees shall extend above liquid depth to approximately 1 inch from the top of the tank. Venting shall be provided between compartments and each tank.

(5) The outlet baffles or vented tees of the last compartment or tank shall be equipped with a solids retainer.

(d) Treatment tank access.

(1) Access to each tank or compartment of the tank shall be provided by a manhole with an inside dimension of at least 20 inches square (20 x 20) or in diameter, with a removable cover. The top of the tank containing the manhole or the top of a manhole extension may not be more than 12 inches below grade level. If access is extended to grade, the access cover shall be airtight. Grade level access covers shall be secured by bolts or locking mechanisms, or have sufficient weight to prevent unauthorized access.

(2) The ground shall slope away from any access extended to grade level.

(e) Inspection port. A maximum 4-inch diameter inspection port with sealed cover shall be installed to grade level above the inlet tee.

The provisions of this § 73.31 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.31 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, except subsection (b)(4) effective January 7, 1998, 27 Pa.B. 5877; corrected November 21, 1997, 27 Pa.B. 6079. Immediately preceding text appears at serial pages (217321) to (217323).

This section cited in 25 Pa. Code § 73.45 (relating to dosing tanks); 25 Pa. Code § 73.62 (relating to standards for holding tanks); 25 Pa. Code § 73.63 (relating to standards for privies); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.32 Standards for aerobic treatment tanks.

(a) Capacity shall comply with the following:

(1) The rated treatment capacity of an aerobic treatment tank shall be specified by the manufacturer. The manufacturer’s data shall be in conformance with the approved test sequence and protocol in subsection (b).

(2) The minimum manufacturer’s rated treatment capacity of an aerobic treatment tank approved under this section is 400 gpd.

(3) For single family dwelling units not served by a community system, a minimum daily flow of 400 gpd shall be used to determine required aerobic tank capacity. This figure shall be increased by 100 gallons for each additional bedroom over three. The daily flow indicated provides for use of garbage grinders, automatic washing machines, dishwashers and water softeners.

(4) For all other installations, the rated treatment capacity shall meet or exceed the estimated daily sewage flow as determined from § 73.17(a), (b) or (c) (relating to sewage flows).

(b) Testing and approval shall comply with the following:

(1) Aerobic treatment tanks serving single family dwellings, or establishments, with flows of 1,500 gpd or less shall bear the seal of the NSF indicating testing and approval by that agency under Standard No. 40.

(2) Units tested and awarded a seal under other than the current standard shall be approved for use until expiration of the seal. Units initially submitted for testing or resubmitted for testing shall be approved under the version of Standard No. 40 in effect at that time.

(3) Aerobic treatment tanks serving establishments with flows exceeding 1,500 gpd shall either:

(i) Have NSF certification under Criteria C-9.

(ii) Have performance data certified by NSF under the provisions of that agency’s Standard Performance Evaluation Method.

(c) The Department will provide local agencies with a current list of aerobic sewage treatment tanks that have been found to be in conformance with the Department’s standard.

(d) Multiple aerobic treatment tanks connected for the purpose of achieving required hydraulic capacity shall only be permitted where the tanks are connected in parallel. All tanks shall have equal capacity and receive equal loading.

(e) Every aerobic sewage treatment tank shall be equipped with a visual and audible alarm system which shall be designed to respond to any electrical or mechanical failure or malfunction of the tank or any component thereof.

The provisions of this § 73.32 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.32 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217323) to (217324).

This section cited in 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.41 General.

Effluent from the treatment tank shall be discharged to the dosing tank, to the distribution box or directly to the absorption area through a watertight line a minimum of 3 inches in diameter unless otherwise specified by local plumbing or building codes. All lines shall be placed on a minimum grade of at least 1/4 inch per foot, sloping away from the treatment tank. Where a distribution box is used, the lines from that box to the laterals shall meet the same standard. If a free access sand filter or buried sand filter is used, the lines from the treatment tank to the pump station and the filter tank to a lift station or chlorine contact tank or storage tank shall meet the standards of this section. Connections of lines to tanks and distribution boxes shall be made using water tight mechanical seals or hydraulic grouting. Use of Portland cement grouting material is not permitted.

The provisions of this § 73.41 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.41 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (217325).

Treatment Tank

Under this section, aerobic sewage treatment tanks may only be installed on an experimental basis, and only then, subject to the approval and continuing review of the Department. Voortman v. Bucks County Zoning Hearing Board, 343 A.2d 393 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.42 Gravity distribution.

(a) Gravity distribution may be used in all instances, except where prohibited by § 73.43 (relating to pressurized distribution).

(b) The distribution system shall be arranged to provide for uniform distribution of the effluent.

(c) The flow shall be equally divided between individual laterals of a trench system or between seepage beds by use of a distribution box.

(d) The flow shall be divided between individual laterals in a seepage bed by a distribution box or by an unperforated pipe header connecting all laterals within the bed. Where distribution is via an unperforated pipe header, the terminal ends of all individual laterals shall also be connected with unperforated pipe.

(e) Distribution boxes shall comply with the following:

(1) When a distribution box is used, it shall be installed level to provide equal distribution of treatment tank effluent to each line. For testing purposes, the person responsible for the installation shall provide an adequate amount of water to check the level of the inlet and outlet lines.

(2) Construction shall comply with the following:

(i) Distribution boxes shall have removable covers.

(ii) Each lateral shall be connected separately to the distribution box.

(iii) The bottom of all outlets shall be at the same elevation, and the bottom of the inlet shall be at least 1 inch above the bottom of the outlet. The bottom of the outlet shall be at least 4 inches above the bottom of the distribution box.

(iv) Baffles shall comply with the following:

(A) A baffle shall be installed in the distribution box in the event that treatment tank effluent is discharged to the distribution box by a pump or siphon.

(B) The baffle shall be perpendicular to the inlet, be secured to the bottom of the box and extend vertically to a point level with the crown of the inlet pipe.

(v) A tee or elbow directed toward the bottom of the distribution box may be substituted for the baffle required by subparagraph (iv).

(3) Distribution boxes shall be installed on an adequate base of undisturbed or properly compacted earth or aggregate outside of the absorption area. Lightweight nonconcrete distribution boxes shall be anchored or otherwise secured to prevent shifting after installation. Adjustable distribution box weirs may be used on the outlet of the box.

(f) Laterals shall be a minimum of 3 inches in diameter unless a larger diameter is specified by local plumbing or building codes. Bends used in the disposal field shall be made with standard fittings.

(g) The maximum length of individual laterals employing gravity distribution is 100 feet.

The provisions of this § 73.42 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.42 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217325) to (217326).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.43 Pressurized distribution.

Pressurized distribution is required in the following instances:

(1) All elevated sand mounds.

(2) When the percolation rate exceeds 60 minutes/inch.

(3) All systems having a total absorption area in excess of 2,500 square feet.

(4) Individual residential spray irrigation system spray fields and buried sand filters.

The provisions of this § 73.43 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.43 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217326) to (217327).

This section cited in 25 Pa. Code § 73.42 (relating to gravity distribution); 25 Pa. Code § 73.46 (relating to dosing pumps); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.44 Pressurized distribution design.

(a) General requirements are as follows:

(1) The piping used in a pressurized effluent system shall have watertight joints.

(2) Systems using pressure distribution shall meet the general requirements of § § 73.52, 73.53, 73.55, and 73.166.

(3) Delivery pipes from dosing pumps shall be installed to facilitate drainage of the distribution piping back to the dosing tank between doses.

(b) Seepage beds of 2,500 square feet or less shall meet the following design standards.

(1) Conveyance of effluent from the dosing tank to the absorption area shall be through a delivery pipe sized to minimize friction loss. Check valves shall be prohibited on delivery pipes. Where the system designer determines that water hammer may be a problem, thrust blocks may be installed on delivery pipes.

(2) When equally sized absorption areas are dosed simultaneously, a header pipe shall be used to connect the delivery pipe from the tank to the manifolds. The header pipe shall be sized to minimize friction loss. Effluent application rates per square foot of absorption areas served by a common header shall have a maximum design variation of 10%. If the distance from the treatment tank to the absorption area would cause excessive backflow into the dosing tank, a transfer tank may be used between the treatment tank or storage tank and dosing tank.

(3) Distribution of effluent to the individual laterals shall be by a central manifold extending into the absorption area from the delivery pipe or header. The manifold shall have the following minimum diameters:

(4) Laterals shall be extended from both sides of the manifold by opposing tees or a double sanitary tee.

(5) Laterals shall consist of 1 1/2 inch diameter pipe, with holes placed along the bottom of the pipe; an end cap shall be cemented on the terminal end of the lateral. Minimum hole size shall be 1/4 inch.

(6) The first hole in the lateral shall be 3 feet from the manifold. Additional holes shall be placed 6 feet on center with the last hole placed directly in the end cap.

(7) The maximum length of a lateral from the manifold to the end cap shall be 51 feet and contain nine holes.

(8) The location and spacing of the laterals shall conform to § 73.53(3)—(6) (relating to seepage beds).

(9) Opposing laterals may not differ in length by more than 6 feet.

(10) When less than the maximum length of lateral is used, as described in paragraph (7), the lateral shall be shortened in 6-foot sections with hole spacing maintained as required in paragraph (6).

(11) All systems shall be designed to maintain a minimum of 3 feet of head at the terminal end of each lateral.

(12) The minimum pump capacity (gpm) shall be calculated by multiplying the total number of discharge holes contained in the laterals of a proposed distribution layout by the gpm factor determined by the hole size at the design head level.

(13) Total pump head shall be calculated by addition of all losses incurred due to elevation changes, pipe and fitting friction losses, and the head level to be maintained at the terminal end of the lateral as specified in paragraph (11).

(14) For purposes of calculating head loss due to friction, head loss in the standard lateral as described in paragraph (7) shall be assumed to be 0. Head loss due to friction in pipe and fittings used in construction of the pressure system shall be calculated using a friction loss table for smooth-walled plastic pipe (C=150).

(15) When siphons are used in a pressure distribution system, each discharge hole shall be at least 5/16 inch in diameter. The discharge from all of the holes in the distribution system may not be less than the minimum rate of the siphon and may not vary from the average discharge rate of the siphon by more than 20%.

(c) Seepage beds of greater than 2,500 square feet shall meet the following design standards:

(1) The diameter of individual laterals, size and spacing of discharge holes, and minimum diameter of the distribution manifold may not be restricted by subsection (b) except that no discharge hole may be less than 1/4 inch for systems using pumps or 5/16 inch for systems using siphons.

(2) The maximum length of a lateral designed under this subsection or subsection (d) shall be 100 feet.

(3) Discharge rates from the individual holes of the lateral at design head shall be calculated using the sharp-edged discharge hole equation:

gpm=11.82(d2) ( {PaCodeERROR}Unknown Element error{PaCodeERROR}Unknown Element error{PaCodeERROR}Unknown Element error{PaCodeERROR}Unknown Element error{PaCodeERROR}Unknown Element errorh)

gpm=gallons per minute

(d)=diameter of hole (inches)

(h)=head to be maintained at the terminal ends of the lateral (in feet).

(4) All piping and fittings in the system shall be sized to minimize friction losses to provide as uniform distribution of effluent as possible.

(5) The design head at the terminal end of the last lateral shall be at least 3 feet.

(6) The head loss due to friction from the beginning of the distribution manifold to the terminal end of the last lateral may not exceed 15% of the head level to be maintained at the terminal end of the lateral.

(7) Spacing of laterals and discharge holes in the laterals shall provide for uniform distribution of the effluent over the seepage bed.

(8) The arrangement of laterals and discharge holes shall result in the discharge holes being spaced at the apexes of either squares or equilateral triangles.

(i) The maximum spacing between discharge holes shall be 10 feet where an equilateral triangle pattern is utilized.

(ii) The maximum spacing between discharge holes shall be 8 feet where a square pattern it utilized.

(9) The minimum pump capacity shall equal the total discharge from all holes in the laterals when operating at designed head.

(10) The permittee shall conduct a test pressurization of the completed distribution system in the presence of the sewage enforcement officer prior to covering the piping system from view. During the test, the permittee shall confirm that all joints are watertight and that a discharge is occurring from each hole.

(d) Design of pressure distribution in trenches shall comply with the following:

(1) Subsection (c)(1)—(4) and (10) applies to design of trenches utilizing pressurized effluent distribution.

(2) Variation in head in the laterals caused by differences in elevation or friction losses shall be compensated for by individual design of the laterals.

(3) The effluent application rate per square foot of any two trenches served by a common dosing tank shall have a maximum design variation of 10%.

(4) Equalization of loading may be accomplished by variation of discharge hole diameter between trenches, variation of spacing of discharge holes between trenches or another method approved by the Department or sewage enforcement officer.

(5) The maximum spacing between discharge holes is 10 feet.

(6) The manifold for a trench system shall be placed on undisturbed soil a minimum of 6 inches above the trench bottom.

(7) A minimum isolation distance of 3 feet shall be maintained between the manifold and the beginning of any trench. The individual laterals in the trench shall be connected to the manifold using unperforated pipe. The area beneath the manifold and connecting pipe shall consist of undisturbed or compacted soil.

(8) The design head at the terminal end of each lateral shall be at least 3 feet.

The provisions of this § 73.44 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.44 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; corrected May 22, 1992, effective May 13, 1983, 22 Pa. B. 2715; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217327) to (217329).

This section cited in 25 Pa. Code § 73.53 (relating to seepage beds); and 25 Pa. Code § 73.161 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.45 Dosing tanks.

Dosing tanks shall be constructed to the following specifications:

(1) Dosing tanks shall be constructed of materials to the specifications outlined in § 73.31(b) (relating to standards for septic tanks).

(2) For all systems other than individual residential spray irrigation systems, the dosing tank shall be designed so that the estimated daily flow shall be discharged to the absorption area in one or more doses. Minimum dose volume shall be five times the internal liquid capacity of the delivery pipe, manifold and laterals, or 100 gallons, whichever is greater. When a siphon is used in a pressure distribution system, the minimum dose volume shall be equal to the internal liquid capacity of the delivery line plus five times the internal liquid capacity of the manifold and laterals.

(3) The dosing tank shall have a minimum liquid capacity equal to or greater than two times the designed dose volume.

(4) Sufficient space shall be provided for electrical connections and proper pump control operation.

(5) Unless otherwise regulated by local electrical codes, all electrical connections shall be moisture resistant and at a point higher than the inlet pipe, or mounted above grade outside of the dosing tank or manhole extension within a tamper resistant, lockable control box.

(6) A watertight manhole, at least 20 inches square or 24 inches in diameter, extended to grade, shall be provided for access to the dosing tank. Manhole covers shall meet the specifications of § 73.31(d).

The provisions of this § 73.45 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.45 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217329) to (217330).

This section cited in 25 Pa. Code § 73.46 (relating to dosing pumps); 25 Pa. Code § 73.161 (relating to general); and 25 Pa. Code § 73.164 (relating to chlorine contact/storage tanks).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.46 Dosing pumps, siphons and lift pumps.

(a) Dosing pumps for all onlot sewage disposal systems except individual residential spray irrigation systems shall meet the following specifications:

(1) The pump shall be sized to deliver a flow in gpm equal to or greater than the combined flows from all discharge holes in the laterals when operating at designed level of head and shall be rated by the manufacturer for handling of sewage effluent.

(2) The intake of the dosing pump shall be at least 6 inches from the bottom of the tank. The intake of any dosing pump shall be at a lower elevation than the lowest lateral.

(3) Pumps may not be suspended above the bottom of the tank by chains or similar equipment.

(4) A disconnect shall be incorporated into the piping within the dosing tank for ease of pump removal.

(5) An effective warning device, as described in § 73.62(c) (relating to standards for holding tanks), shall be installed in the dosing tank to indicate failure of the pump or siphon. Electrically operated warning systems shall be on a circuit and breaker separate from the pump.

(6) A siphon or other discharge mechanism may be substituted for a pump where site conditions permit the use of a gravity flow device, if the average discharge rate of the device meets the requirements of paragraph (1).

(7) A copy of the performance curve of the pump or discharge specifications for the siphon to be used shall be attached to the system design. A copy of the manufacturer’s specification showing that the pump is designed to handle sewage or sewage effluent shall also be attached to the system design.

(8) When an aeration tank is used which results in a periodic pump discharge from the treatment tank, the discharge mechanism may be substituted for a dosing tank and pump if the periodic discharge rate meets the criteria in subsections (a)(1) and (b)(2) and § 73.45(2) (relating to dosing tanks).

(9) Pumps or siphons serving systems having total absorption areas greater than 2,500 square feet shall have a minimum discharge capacity at least two times the estimated peak flow for the facility served.

(10) When an establishment produces more than 50% of its total daily flow during a peak flow period, the minimum dose volume shall equal the anticipated flow during the peak period.

(11) Pumps employed for the purpose of lifting effluent to a higher elevation may not be deemed dosing pumps when the system does not meet the criteria of § 73.43 (relating to pressurized distribution). Pumps for this purpose shall have a discharge capacity at least two times the estimated peak flow of the facility served when operating at designed level of head, but at least 5 gpm and shall be rated by the manufacturer for handling sewage effluent.

(12) Siphon discharge lines shall be equipped with an observation port. The access to the observation port shall be extended to grade, capped and secured to prevent unauthorized entry.

(b) Lift pumps shall meet the following specifications:

(1) Meet the standards in subsection (a)(1)—(5), (7) and (8).

(2) Be designed to discharge a minimum flood dose of 2 inches over the sand surface.

(c) Dosing pumps used to pressurize a spray field distribution system shall be designed in accordance with the specifications in subsection (a)(1)—(5) and (7).

The provisions of this § 73.46 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.46 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217330) to (217331).

This section cited in 25 Pa. Code § 73.161 (relating to general); and 25 Pa. Code § 73.165 (relating to disinfection).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.51 General.

(a) In all systems, if an absorption area is proposed, the top of the limiting zone shall be at least 4 feet below the bottom of the aggregate. Coarse aggregate used in the distribution system shall meet the requirements of the Department of Transportation specifications, Publication #408 (1994) section 703 available from the Department of Transportation. The size and grading of the aggregate shall meet AASHTO No. 57 requirements from a PADOT certified stockpile and shall be of Type B quality requirements.

(1) Where the depth to the top of the limiting zone is 60 inches or greater, the system shall be installed so that the bottom of the aggregate is a minimum of 4 feet above the limiting zone.

(2) Where the depth to the top of the limiting zone is less than 60 inches, an elevated sand mound is required. Isolation from the limiting zone shall be achieved as required by § 73.55(a)(3)—(5) (relating to elevated sand mounds).

(3) An absorption area may not be installed where less than 20 inches of suitable undisturbed mineral soil exists.

(4) When infiltration chambers or other devices which require no aggregate are used, adequate provisions to protect the infiltrative surfaces from damage by operation of pressure distribution systems shall be made.

(b) Before and after installation, equipment and vehicles shall be kept off the proposed absorption area, including the downslope area, to prevent undue compaction of the soil. Care shall be exercised during construction to prevent undue compaction and damage to the system and the downslope area.

(c) Soil moisture levels during construction of the absorption area shall be such that a sample of natural mineral soil taken from the level of the proposed installation will crumble if compressed into a ball.

The provisions of this § 73.51 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.51 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217331) to (217332).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); and 25 Pa. Code § 73.54 (relating to subsurface sand filters).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.52 Standard trenches.

(a) Design. The maximum slope of the undisturbed soil of a proposed absorption area where a trench system may be permitted is 25%. For slopes between 15% and 25%, detailed design in relationship to elevation shall be provided. The designer shall inspect the installation and verify that, to the best of his knowledge and belief, the system was installed in accordance with the plans and specifications. Copies of the plans and specifications and the designer’s report are to be attached to the applicant’s copy, sewage enforcement officer’s copy and the Department’s copy of the application for sewage permit.

(b) Construction. Trenches in an absorption area shall be constructed in accordance with the following:

(1) There shall be a minimum of two trenches per field.

(2) Trenches shall follow approximately the ground surface contours so that variations in trench depth shall be minimized.

(3) There shall be at least 6 feet of soil between the treatment tank or dosing tank and the nearest trench.

(4) The width of the bottom of the individual trench shall be 12 to 72 inches.

(5) The depth to the bottom of the absorption area shall be 12 to 36 inches.

(6) The bottom of the absorption area shall be level to a tolerance of 2 inches per 100 feet.

(7) The minimum width of undisturbed earth between trenches shall be 5 feet. When elevated sand mound trenches are used, the distance between trenches shall be measured from the toe of the sand of each trench.

(8) The minimum depth of aggregate material under laterals shall be 6 inches.

(9) Laterals shall be placed in the center of the trench. The first or last discharge hole of a lateral may be no more than 5 feet nor less than 2 feet from the ends of the trench.

(10) Laterals shall be level to a maximum tolerance of 4 inches of fall per 100 feet toward the terminal end of the lateral.

(11) The minimum depth of aggregate material over the laterals shall be 2 inches.

(12) The depth of aggregate shall be uniform throughout the absorption area.

(13) The top of the aggregate material shall be covered with geotextile fabric, untreated building paper or a 2-inch layer of hay, straw or similar material to prevent backfill material from settling into the aggregate.

(14) The minimum depth of earth cover over the aggregate in all installations shall be 12 inches. Where the top of the aggregate is less than 12 inches from the undisturbed soil surface, the soil cover shall extend beyond the absorption area by at least 3 feet on all sides.

(15) The backfill material shall consist of soil suitable for the growth of vegetation, and be seeded to control erosion.

(16) Trench laterals shall be fitted with end caps.

The provisions of this § 73.52 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.52 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217332) to (217334).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 73.44 (relating to pressurized distribution design); 25 Pa. Code § 73.53 (relating to seepage beds); 25 Pa. Code § 73.54 (relating to subsurface sand filter beds and trenches); and 25 Pa. Code § 73.55 (relating to elevated sand mounds).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.53 Seepage beds.

Whenever seepage beds are employed, they shall meet the requirements of § 73.52(b)(5), (6), (8) and (10)—(16) (relating to standard trenches) in addition to the following specifications:

(1) The maximum slope of the undisturbed soil of a proposed absorption area where a seepage bed may be permitted is 8.0%.

(2) The required absorption area may be provided by one or more seepage beds:

(i) The individual beds of a single onlot system shall be separated by a minimum of 5 feet.

(ii) When elevated sand mound beds are used, the distance between beds shall be measured from the toe of the sand of each bed.

(3) The bed shall contain a minimum of two laterals or two opposing sets of laterals when pressure distribution is used.

(4) Laterals shall be equally spaced a maximum of 6 feet on center, except as provided in § 73.44(c)(8) (relating to pressurized distribution design).

(5) Laterals shall be placed no further than 5 feet nor less than 2 feet from the sidewalls of the bed.

(6) Laterals shall be placed in the bed so that the first and last discharge holes may be no more than 5 feet nor less than 2 feet from the ends of the bed.

The provisions of this § 73.53 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.53 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (217334).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 73.44 (relating to pressurized distribution design); 25 Pa. Code § 73.54 (relating to subsurface sand filters); and 25 Pa. Code § 73.55 (relating to elevated sand mounds).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.54 Subsurface sand filter beds and trenches.

(a) General. Subsurface sand filters without underdrains shall meet the following criteria:

(1) Subsurface sand filters may not be utilized on soils where the limiting zone occurs at less than 6 feet below the mineral soil surface.

(2) The average percolation rate, as determined by § 73.15 (relating to percolation tests), shall be greater than 90 minutes per inch.

(3) The average percolation rate at a depth between 36 and 60 inches shall be within the range of 3—90 minutes per inch.

(4) The average percolation rate obtained from paragraph (3) shall be applied to § 73.16(c) (relating to absorption area requirements) for determination of the absorption area and other system requirements.

(5) System design shall meet the requirements of § 73.52 (relating to standard trenches) or § 73.53 (relating to seepage beds) except as modified by subsection (b).

(b) Construction. Subsurface sand filters shall be constructed as follows:

(1) The maximum depth of the excavation shall be 5 feet.

(2) Sand meeting the specifications of § 73.55(c) (relating to sand specifications) shall be placed in the entire bed or trench to a minimum depth of 12 inches.

The provisions of this § 73.54 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.54 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217334) to (217335).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.55 Elevated sand mounds.

(a) Design.

(1) The maximum slope of the undisturbed soil, to the extremities of the berm, of a proposed absorption area where elevated sand mound trenches may be permitted is 12%.

(2) The maximum slope of the undisturbed soil, to the extremities of the berm, of a proposed absorption area where an elevated sand mound bed may be permitted is 12%.

(3) The limiting zone is the base elevation for measuring the required depth of sand to achieve a minimum of 4 feet of satisfactory material between the bottom of the aggregate and the top of the limiting zone.

(4) A minimum of 1 foot of sand shall be placed under the aggregate in all elevated sand mound systems.

(5) Existing mineral soil shall be utilized. No mineral soil in the area of the elevated sand mound may be removed or disturbed for the purpose of adding or mixing fill material.

(6) Elevated sand mound trenches shall meet the requirements of § 73.52(b) (relating to standard trenches) and this section.

(7) Elevated sand mound beds on slopes up to 8% shall meet the requirements of § 73.53 (relating to seepage beds) and subsection (b). Other sand mound beds shall comply with subsection (d).

(b) Construction.

(1) Vegetation shall be cut close to the ground throughout the area to be utilized for the absorption area and berm. Bushes and trees shall be cut flush with the ground surface; roots shall be left in place. Cut vegetation or organic litter shall be raked and removed from the absorption and berm areas.

(2) The proposed absorption area not obstructed by stumps or other obstacles shall be roughed or plowed parallel with the contour to a maximum depth of 6 inches, using a multiple share chisel plow or similar implement attached to light-weight equipment. Rotary tilling is prohibited.

(3) Under no circumstances may equipment travel on the plowed soil surface until the sand is in place.

(4) Immediately after plowing, sand shall be placed over the exposed plowed surface. Sand shall be placed from the upslope side of the bed using only lightweight equipment.

(5) The slope of the sand not directly beneath the aggregate area shall be approximately 50%.

(6) The top of the sand directly beneath the aggregate shall be level to a tolerance of ±2 inches per 100 feet.

(7) The mound shall be surrounded by a berm consisting of mineral soil containing less than 20% coarse fragments with no coarse fragments greater than 4 inches in diameter, more stable and less permeable than the sand, and lightly compacted during construction to contain and protect the mound interior. The width of this berm shall be a minimum of 3 feet at the top of the aggregate.

(8) Upon completion, the outside slope of the berm may be no greater than 50% and shall be seeded to assure the stability of the berm. The cover over the aggregate shall be a minimum of 1 foot of soil suitable for the growth of vegetation.

(9) No equipment may be permitted on the downslope side of the mound with the exception of lightweight equipment that is used to form the downslope berm. To the greatest extent possible, aggregate and the cover material shall be placed from the upslope side of the mound.

(10) When a mound system with trenches is used, the area between the individual trenches shall be filled with mineral soil. A minimum distance of 5 feet shall separate sand of individual trenches. This measurement shall be from the toe of the sand.

(11) The area surrounding the mound shall be grated to provide for diversion of surface runoff waters.

(c) Sand. Sand suppliers shall provide certification in writing to the sewage enforcement officer and permittee, with the first delivery to the job site from every sand source listing the amount of sand delivered, and that all sand supplied meets the requirements posted in the Department of Transportation specifications Publication #408, section 703. The size and grading shall meet bituminous concrete sand Type B #1 or #3 requirements from a Department of Transportation certified stockpile. The sieve analysis shall be conducted in accordance with PTM #616 and #100.

(d) Elevated sand mound beds. Elevated sand mound beds on slopes greater than 8% shall meet the requirements of § 73.53 and subsection (b). In addition, the following apply:

(1) The absorption area shall have a minimum length to width radio of 4 to 1.

(2) The long axis of the absorption area shall be perpendicular to the slope. The bed construction shall follow the ground surface contours.

(3) Upon completion, the outside slope of the berm may be no greater than 33.3%.

(4) Designing the location of multiple absorption areas so that one absorption area is placed hydraulically upgradient or downgradient from the other may cause the lower absorption area to fail because of excessive hydraulic loading from the upper absorption area. Unless the potential for such an impact is shown to be nonexistent by the applicant through the alternative/experimental system process, this type of absorption area placement is prohibited.

The provisions of this § 73.55 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.55 adopted January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217335) to (217336).

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 73.44 (relating to pressurized distribution design); 25 Pa. Code § 73.51 (relating to general); 25 Pa. Code § 73.54 (relating to subsurface sand filter beds and trenches); and 25 Pa. Code § 73.162 (relating to intermittent sand filters).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.61 General.

Retaining tanks are individual sewage systems and require permits. They shall only be used where the Department finds and gives written notice to the approving body that the requirements of Chapter 71 (relating to administration of sewage facilities planning program) have been met.

The provisions of this § 73.61 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508. Immediately preceding text appears at serial pages (17849) to (17850).

This section cited in 25 Pa. Code § 73.11 (relating to general).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.62 Standards for holding tanks.

(a) A holding tank shall be constructed to meet the specifications of § 73.31(b)(1) (relating to standards for septic tanks).

(b) The minimum capacity of a holding tank is 1,000 gallons or a volume equal to the quantity of waste generated in 3 days, whichever is larger.

(c) The holding tank shall be equipped with a warning device to indicate when the tank is filled to within 75% of its capacity. The warning device shall create an audible and visual signal at a location frequented by the homeowner or responsible individual.

(d) Disposal of waste from a holding tank shall be at a site approved by the Department.

The provisions of this § 73.62 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.62 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (217337).

This section cited in 25 Pa. Code § 73.11 (relating to general); and 25 Pa. Code § 73.46 (relating to dosing pumps).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.63 Standards for privies.

(a) Location.

(1) The privy shall be located so as to minimize any danger of contamination of water supplies. Where possible, the privy shall be downgrade and at least 50 feet from any source of water supply.

(2) The structure shall be accessible to the user, and at least 50 feet away from any building served.

(3) Consideration shall be given to the direction of prevailing winds to reduce odor nuisances.

(b) Construction.

(1) The superstructure shall be constructed of substantial materials.

(2) The vault shall be large enough to provide for several years’ use and be constructed to meet the specifications of § 73.31(b) (relating to standards for septic tanks).

(3) The vault shall be equipped with a roof-ventilating stack that is screened to prevent entrance of flies.

(4) An exterior cleanout shall be provided for the vault.

(5) The superstructure shall be flytight, well ventilated and fastened solidly to the vault.

(6) The door shall be self-closing and provided with weatherstripping to make it insect proof.

(7) The seat and cover shall be constructed of smooth and easily cleanable material, and the cover shall be self-closing.

(8) An earth mound shall be placed around the privy, or a surface water diversion shall be constructed to keep surface water from flooding the vault.

The provisions of this § 73.63 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; corrected February 4, 1983, effective January 22, 1983, 13 Pa.B. 614. Immediately preceding text appears at serial page (71971).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.64 Chemical toilet or other portable toilet.

(a) When proposed for use at temporary construction sites, facilities providing temporary recreational or sporting activities (such as a special event) or temporary seasonal facilities other than those intended for human habitation, chemical toilets or other portable toilets may be exempt from the onlot permitting requirements of Chapter 72 (relating to administration of sewage facilities permitting program) at the discretion of the local agency but improper installation or maintenance of these toilets shall constitute a nuisance under section 14 of the act (35 P. S. § 750.14) and be enforceable by the local agency.

(b) If multiple chemical toilets or other portable toilets are proposed for temporary use at construction sites, recreational activities or seasonal facilities, all units proposed for installation shall be included under one permit.

The provisions of this § 73.64 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.64 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial page (217338).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.65 Recycling toilet, incinerating toilet or composting toilet.

(a) Recycling, incinerating and composting toilets shall bear the seal of the NSF indicating testing and approval by that agency under Standard No. 41.

(b) The device utilized shall meet the installation specifications of the manufacturer and shall be operated and maintained in a manner that will preclude any potential pollution or health hazards.

(c) When the installation of a recycling toilet, incinerating toilet or composting toilet is proposed for a new residence or establishment, an onlot sewage system or other approved method of sewage disposal shall be provided for treatment of washwater or excess liquid from the unit, except as provided in subsection (e). Both sewage disposal facilities shall be included under one permit.

(d) When the installation of a recycling toilet, incinerating toilet, composting toilet or another type of water conservation device is proposed for an existing residence or facility and no alteration of the onlot system is proposed, a permit is not required.

(e) When a composting toilet or incinerating toilet is proposed for installation on a lot meeting the requirements of § 71.63 (relating to retaining tanks), it shall be deemed equivalent to and permitted as a privy. The device shall be operated and maintained in accordance with the manufacturer’s specifications. Discharges of liquids from these units, except to onlot sewage systems meeting the requirements of this part or other method of sewage disposal approved under this chapter or approved by the Department are prohibited.

The provisions of this § 73.65 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.65 adopted August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217338) to (217339).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.71 Experimental sewage systems.

(a) Experimental systems may be considered for individual or community systems in any of the following cases:

(1) To solve an existing pollution or public health problem.

(2) To overcome specific site suitability deficiencies, or as a substitute for systems described in this chapter on suitable lots.

(3) To overcome specific engineering problems related to the site or its proposed uses.

(4) To evaluate new concepts or technologies applicable to onlot disposal.

(5) To evaluate the applicability to onlot disposal of established concepts or technologies having successful use in comparable applications in the field of engineering.

(6) To demonstrate a design having successful use in other jurisdictions under environmental conditions similar to or more restrictive than those in this Commonwealth.

(7) To utilize under varying site conditions an experimental design, either in whole or in part, which has been deemed successful by the Department.

(b) A person desiring to install an experimental sewage system or alter a component of an existing system using a method, technology or design determined to be experimental by the Department shall submit complete preliminary design plans and specifications to the sewage enforcement officer and the Department for review and comment prior to submitting an application for a permit. The Department will determine if classification as an experimental system, method, technology or design is appropriate for the submission and provide review comments to the sewage enforcement officer.

(c) The following criteria shall be considered in the design of experimental systems:

(1) The volume and rate of sewage flow, including reductions attributed to water conservation devices and recycling devices.

(2) The chemical and bacteriological characteristics of the flow, including the varying nature, if any, of the contributing sources.

(3) The treatment of the sewage flow, including, if appropriate:

(i) The type of treatment, that is aerobic, anaerobic, chemical, or other.

(ii) The degree and extent of treatment afforded, including the chemical and biological characteristics of the effluent.

(iii) The hydraulic design, including flow rates, retention time, settling rates, and sludge and scum storage.

(4) The materials of construction including durability and chemical resistance of all system components.

(5) The characteristics and limitations of the disposal site, including, if appropriate:

(i) The depth, composition and projected effects of any limiting zone identified through extensive onsite evaluation of the soils present.

(ii) The determination of the soil permeability through percolation tests, hydraulic conductivity tests or other acceptable testing procedures conducted on the site.

(iii) The chemical and bacteriological characteristics of the subsurface or other waters.

(iv) The natural and modified slope of the disposal site and contiguous areas, with particular attention to downslope areas.

(v) The relationship of the disposal site to existing and proposed drainage patterns, including surface and subsurface flows.

(vi) The stability and renovative abilities of controlled fill areas.

(6) The design of the absorption area, including:

(i) Dimensions.

(ii) Method of distribution and hydraulic design considerations of the distribution system.

(iii) Rate of application.

(iv) Relationship to other sewage disposal systems or features, water supply sources, surface waters, recharge areas, rock outcrops and other site improvements.

(v) Determination of hydraulic loading limitations—that is, interface acceptance rate of hydraulic conductivity of receiving soils—in accordance with accepted principles of hydraulic flow.

(7) The effect upon the groundwater, including:

(i) Fecal coliform.

(ii) Chlorides.

(iii) Nitrates.

(iv) Nutrients.

(v) Other degrading material.

(8) Other considerations as may be appropriate to comply with the act.

(d) Except as provided in subsection (f), experimental designs will be approved for use only when it has been determined that an individual or community sewage disposal system meeting the requirements of this chapter or another successful experimental design, or that sewage services meeting the requirements of the Clean Streams Law and Article II (relating to water resources), may be installed if the experiment is deemed a failure.

(e) Except as provided in subsection (f), monitoring, observation, testing or other requirements which are deemed necessary to verify the success of the experiment shall be required.

(f) A replacement area, as specified in subsection (d), and monitoring as specified in subsection (e), may not be required where the experimental design is an attempt to solve an existing pollution or public health problem.

(g) An application for an experimental system shall include the following:

(1) Detailed plans and specifications sufficient to comply with this section.

(2) A description of the system, device or process; its capabilities; and scheduled maintenance, if any, which are necessary for continued function.

(3) The identity of the person responsible for the design of the system; performance of scheduled maintenance, if required; and responsibility for repair or replacement in event of failure of the system.

(h) Each application for an experimental system shall be accompanied by a statement acknowledging the requirement that the sewage enforcement officer be notified of any malfunction or modification of the original system design.

(i) Prior to issuing a permit for an experimental sewage system, the sewage enforcement officer shall consider the comments of the Department.

The provisions of this § 73.71 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.71 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217339) to (217341).

For the construction of a sewage disposal system, the provisions of 25 Pa. Code § 73.11(c) (relating to overall requirements) and 25 Pa. Code § 73.71(b)(5) (relating to standard trenches) require at least six feet between the soil surface and the seasonal high water table. Department of Environmental Resources v. Flynn, 344 A.2d 720 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 73.3 (relating to policy).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.72 Alternate sewage systems.

(a) Alternate systems shall be considered for individual onlot or community onlot systems in any of the following cases:

(1) To solve an existing pollution or public health problem.

(2) To overcome specific site suitability deficiencies, or as a substitute for systems described in this chapter on suitable lots.

(3) To overcome specific engineering problems related to the site or its proposed use.

(4) To utilize under varying site conditions an experimental design, either in whole or in part, which has been deemed successful by the Department.

(b) A person desiring to install an alternate sewage system shall submit complete preliminary design plans and specifications to the sewage enforcement officer and the Department for review and comment prior to submitting an application for a permit. The Department will determine if classification as an alternate system is appropriate and provide review comments to the sewage enforcement officer.

(c) The following criteria shall be considered in the design of alternate systems:

(1) The volume and rate of sewage flow, including reductions attributed to water conservation devices and recycling devices.

(2) The chemical and bacteriological characteristics of the flow, including the varying nature, if any, of the contributing sources.

(3) The treatment of the sewage flow, including, if appropriate:

(i) The type of treatment—that is, aerobic, anaerobic, chemical or other.

(ii) The degree and extent of treatment afforded, including the chemical and biological characteristics of the effluent.

(iii) The hydraulic design, including flow rates, retention time, settling rates and sludge and scum storage.

(4) Materials of construction, including durability and chemical resistance of all system components.

(5) The characteristics and limitations of the disposal site, including, if appropriate:

(i) The depth, composition and projected effects of any limiting zone identified through extensive onsite evaluation of the soils present.

(ii) Determination of the soil permeability through percolation tests, hydraulic conductivity tests or other acceptable testing procedures conducted on the site.

(iii) The chemical and bacteriological characteristics of the subsurface or other waters.

(iv) The natural and modified slope of the disposal site and contiguous areas, with particular attention to downslope areas.

(v) The relationship of the disposal site to existing and proposed drainage patterns, including surface and subsurface flows.

(vi) The stability and renovative abilities of controlled fill areas.

(6) The design of the absorption area including:

(i) Dimensions.

(ii) Method of distribution and hydraulic design considerations of the distribution system.

(iii) Rate of application.

(iv) Relationship to other sewage disposal systems or features, water supply sources, surface waters, recharge areas, rock outcrops and other site improvements.

(v) Determination of hydraulic loading limitations—that is, interface acceptance rate or hydraulic conductivity of receiving soils in accordance with accepted principles of hydraulic flow.

(7) The effect upon the groundwater, including the following:

(i) Fecal coliform.

(ii) Chlorides.

(iii) Nitrates.

(iv) Nutrients.

(v) Other degrading material.

(8) Other considerations as may be appropriate to comply with the act.

(d) An application for an alternative system shall include the following:

(1) Detailed plans and specifications sufficient to comply with this section.

(2) A description of the system, device or process; its capabilities; and scheduled maintenance, if any, which is necessary for continued function.

(3) The identity of the person responsible for the design of the system and performance of scheduled maintenance, if required.

(e) Each application for an alternative system shall be accompanied by a statement acknowledging the requirement that the sewage enforcement officer be notified of any malfunction or modification of the original system design.

(f) Prior to issuing a permit for an alternative sewage system, the sewage enforcement officer shall consider the comments of the Department.

The provisions of this § 73.72 amended under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.72 adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 817; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; amended January 21, 1983, effective January 22, 1983, 13 Pa.B. 508; amended November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877. Immediately preceding text appears at serial pages (217341) to (217342) and (221917).

This section cited in 25 Pa. Code § 73.3 (relating to policy).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.77 General requirements for bonded disposal systems.

(a) The local agency shall authorize the performance of a percolation test, at the owner’s expense, when one is requested in writing by the owner of the property if the local agency determines soil mottling is present.

(b) If the sole reason for a property not meeting the requirements for the installation of an individual residential onlot sewage system is the presence of soil mottling, the local agency shall issue a permit for an individual residential onlot sewage system designed to meet the Department’s standards when the property owner meets the following conditions:

(1) A qualified soil scientist, qualified registered professional geologist, certified sewage enforcement officer or qualified registered professional engineer, not employed by the local agency with jurisdiction over the property in question, confirms in writing that the soil mottling observed in the test pits is not an indication of either a regional or perched seasonal high water table.

(2) The property owner provides evidence of financial assurance satisfactory to the local agency in an amount equal to the cost of replacement of the individual residential sewage system proposed and the reasonably anticipated cost of remedial measures to clean up contaminated groundwater to replace any contaminated water supplies and to repair or replace a malfunction of the onlot system. The local agency may not approve financial assurance in an amount less than $20,000 or 15% of the appraised value of the lot and proposed residential dwelling. The terms of the financial assurances shall be for up to 3 years. The local agency may require a continuation of up to 2 additional years of financial assurance. The local agency may terminate the financial assurance requirement at the end of its term consistent with the act.

(3) The property owner provides notification to the local agency 7 working days prior to conducting soil evaluations under this section and a representative of the local agency may observe the soil evaluations and may review resulting reports and correspondence.

(4) The property owner produces evidence of a clause in the deed to the property that clearly indicates soil mottling is present on the property and that an individual residential onlot sewage system meeting the requirements of this section was installed on the property.

The provisions of this § 73.77 issued under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.77 adopted November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347.

This section cited in 25 Pa. Code § 72.21 (relating to general); 25 Pa. Code § 72.42 (relating to powers and duties of local agencies); 25 Pa. Code § 73.14 (relating to site investigation); and 25 Pa. Code § 73.151 (relating to standards for financial assurances).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.151 Standards for financial assurances.

(a) Financial assurance shall be sufficient to meet the requirements of section 7.2 of the act (35 P. S. § 750.7b).

(b) The local agency may establish an amount of financial assurance above the minimum established by § 73.77(b)(2) (relating to general requirements for bonded disposal systems).

(c) A local agency may accept forms of financial assurance that establish, to the satisfaction of the local agency, its full and unconditional right to demand and receive any sum due it under section 7.2 of the act. A local agency may authorize a property owner to use the financial assurance for the sole purpose of repair or replacement of the onlot system, for remedial measures to clean up contaminated groundwater and to replace contaminated water supplies.

(d) The local agency will forfeit the financial assurance when it determines that one or more of the following apply:

(1) The property owner has violated or continues to violate one or more of the terms or conditions pertaining to the financial assurance.

(2) The system has malfunctioned.

(3) The permittee has violated a condition of the permit or submitted false information.

(4) The property owner or permittee has failed to properly perform the remedial action required.

The provisions of this § 73.151 issued under sections 7.2 and 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.7b and 750.9); The Clean Streams Act (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.151 adopted November 1, 1996, effective November 2, 1996, 26 Pa.B. 5347.

This section cited in 25 Pa. Code § 72.42 (relating to powers and duties of local agencies); and 25 Pa. Code § 72.42 (relating to powers and duties of local agencies).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.161 General.

(a) Copies of the plans and specifications along with the designer’s report shall be attached to the applicant’s copy, local agency’s copy and the Department’s copy of the application for sewage permit.

(b) Standards for individual residential spray irrigation systems described in the following sections shall also be met: § § 73.1, 73.12—73.14, 73.16, 73.17, 73.21, 73.31, 73.32, 73.41 and 73.43.

The provisions of this § 73.161 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.161 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.162 Intermittent sand filters.

(a) There are two types of intermittent sand filters available for use with individual residential spray irrigation systems. The standards for free access sand filters and buried sand filters are included in this section.

(b) Free access sand filters shall meet the following standards:

(1) Filter. The filter shall be constructed in a tank meeting the following specifications:

(i) The surface area of a filter tank shall be a minimum of 40 square feet for systems using an aerobic treatment tank and serving a single family residence of three bedrooms or less. The filter area shall be increased by 10 square feet for each additional bedroom over three.

(ii) Systems proposing the use of a septic tank to serve a single family dwelling of three bedrooms or less shall be designed using two filter tanks or a single tank with two chambers. Each tank or chamber shall have a surface area of 40 square feet. The filter area of each filter shall be increased by 10 square feet for each additional bedroom over three.

(iii) Tanks shall be watertight and made of a sound, durable material which is not subject to excessive corrosion or decay.

(iv) Concrete tanks shall have a minimum wall thickness of 2 1/2 inches and be adequately reinforced.

(v) If precast slabs are used as tank tops to support the access covers, the slabs shall have a thickness of at least 3 inches and be adequately reinforced.

(vi) Tanks shall be designed and constructed so that the depth from the cover to the top of the sand layer provides sufficient freeboard to allow for maintenance of the sand surface.

(vii) Access shall be provided by a minimum of two access openings. These access openings shall be a minimum of 36 inches by 36 inches and provide access to the entire surface of the filter.

(viii) The tank wall shall be extended a minimum of 6 inches above final grade.

(ix) Access covers shall be insulated against severe weather, secured by bolts or locking mechanisms, prevent water infiltration and the entrance of debris, and be lightweight to facilitate routine maintenance.

(2) Media. Sand suppliers shall provide certification, in writing to the sewage enforcement officer and permittee, with the first delivery to the job site, that the sand to be supplied meets the following specifications:

(i) The fine aggregate shall have an effective size of between 0.3 to 0.6 mm, a uniformity coefficient of less than 3.5 and less than 4% of the coarse aggregate passing the #100 sieve. The sieve analysis shall be conducted in accordance with Department of Transportation PTM #616 and the uniformity coefficient shall be determined by using Department of Transportation PTM #149.

(ii) The sand may not contain more than 15% by weight deleterious material as determined by Department of Transportation PTM #510.

(3) Contents of certification. The written certification shall include the name of the supplier, the testing results, the testing date, the amount of material purchased under this certification and the delivery date.

(4) Construction. The sand filter shall be constructed according to the following standards:

(i) A 4-inch diameter perforated underdrain pipe with a minimum 2,500 pound crush test specification shall be placed on the bottom of the tank.

(ii) Two rows of perforations between 1/2 to 3/4 inch in diameter shall be drilled in the underdrain pipe at 6 inch intervals and the pipe shall be placed so the perforations face downward and the rows are approximately 45° from each other.

(iii) Aggregate shall be placed around the underdrain to a total depth of 5 inches from the bottom of the tank. Coarse aggregate used in the underdrains and distribution system shall meet the Type B requirements posted in the Department of Transportation specifications Publication #408, section 703, Table B and uniform size and grading of the aggregate shall meet AASHTO No. 57 requirements, as described in Form 408, section 703.2, Table C from a Department of Transportation certified stockpile.

(iv) A minimum depth of 4 inches of aggregate shall be placed over the aggregate underdrain material. Coarse aggregate used in the transition layer shall meet the Type B requirements posted in the Department of Transportation specifications Publication #408, section 703, Table B. The size and grading shall meet AASHTO No. 8 requirements, as described in Form 408, section 703.2, Table C from a Department of Transportation certified stockpile.

(v) Sand shall be placed over the aggregate to a depth of at least 24 inches.

(vi) The sand in the filter may not be greater than 36 inches deep.

(vii) The central distribution system shall be designed and installed to convey a minimum 2 inch flood dose of effluent to the surface of the sand filter. A high water alarm shall be installed in the filter tank which produces an audible and visual alarm when effluent backs up on the filter surface to 12 inches above the surface of the sand.

(viii) When two filters or chambers are required to treat septic tank effluent, the duplicate units shall, at the discretion of the designer, be flooded alternately, periodically by using valves, or simultaneously.

(ix) The central distribution piping may not be more than 2 inches in diameter.

(x) The height of the central distribution system’s effluent outlet above the sand surface shall allow for the installation of a splash plate and the maximum flooding depth of the sand filter.

(xi) A concrete splash plate or other suitable material shall be located under each effluent outlet to prevent scouring of the sand surface. Movement of the splash plate during the flooding operation shall be prevented.

(c) Buried sand filters shall meet the following standards:

(1) Location.

(i) When buried sand filters are proposed to be installed in areas where bedrock is encountered above the proposed depth of the sand filter, or where the seasonal high groundwater table rises above the proposed depth of the sand filter, the designer should consider measures to prevent filter and liner damage and groundwater infiltration.

(ii) A buried sand filter may not be constructed in unstabilized fill.

(2) Size.

(i) The size of the sand filter shall be determined on the basis of the appropriate application rate and the estimated daily sewage flow in accordance with § 73.16(a) (relating to absorption area requirements) but the sand filter area shall be at least 300 square feet for use with either an aerobic treatment tank or septic tank with solids retainers units.

(ii) For a single family residence, the minimum sand filter area shall be based on a maximum hydraulic loading of 1.15 square feet per gallon per day.

(iii) Where aerobic treatment precedes the sand filter, a 1/3 reduction to the filter area may be used to size the filter.

(3) Media.

(i) At least 2 inches of clean aggregate meeting subsection (b)(4)(iii) shall surround underdrains and distribution pipes. A minimum of 4 inches of aggregate meeting subsection (b)(4)(iv) shall be placed over the underdrain. A layer of porous geotextile material may be placed on top of both layers of aggregate to prevent migration of soil or sand into the aggregate.

(ii) At least 24 inches of clean sand shall be placed over the underdrain aggregate. The sand shall meet the specifications in § 73.55(c) (relating to elevated sand mounds).

(iii) The minimum depth of earth cover over the coarse aggregate in all installations shall be 12 inches. When the top of the aggregate is less than 12 inches from the undisturbed soil surface, the soil cover shall extend beyond the filter area by at least 3 feet on all sides. The soil over the sand filter shall be so graded that surface water will run off, consist of soil suitable for the growth of vegetation and be seeded to control erosion.

(4) Underdrain piping.

(i) Underdrain piping shall be laid on a grade of 3 to 6 inches per 100 feet sloped to the outfall pipe.

(ii) Underdrain piping shall be positioned between the distribution laterals to maximize effluent travel through the filter sand.

(iii) Underdrain piping holes shall be equal or greater in number and size to the distribution piping holes.

(iv) Underdrain piping shall have two rows of holes placed at approximately 45° angle from each other along the bottom half of the pipe.

(v) The outfall pipe from the underdrain header shall have an antiseep collar and bentonite clay plug or a leak proof boot sealed as per manufacturer’s instructions to the subsurface sand filter liner.

(5) Filter base and liner. The base of the filter shall be sloped to the underdrain pipe a maximum of 1%. An impervious liner of hyplon, polyvinyl chloride or polyethylene sheeting of 20 millimeter thickness or equal shall be installed on a tamped earth base to prevent seepage to the groundwater. A concrete bottom and sides may also be used at the discretion of the designer. A 2-inch layer of sand or a layer of 10 ounce porous geotextile material shall be provided on each side of the liner to prevent punctures and tears. Seams shall be made according to manufacturer’s specifications.

(6) Distribution of effluent. Distribution of effluent to the buried sand filter shall meet the requirements of § § 73.44—73.46 (relating to pressurized distribution design; dosing tanks; and dosing pumps).

The provisions of this § 73.162 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisioins of this § 73.162 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.163 Spray fields.

(a) The maximum slope of the undisturbed soil where a spray field may be permitted is 25%.

(b) Individual residential spray irrigation system spray fields are not permitted on:

(1) Soils with evidence of a seasonal high water table at less than 10 inches from the surface.

(2) Soils with rock formations at less than 16 inches from the surface.

(3) Floodplain soils or floodprone areas unless any required encroachment permits have been obtained from the Department and the encroachment is in compliance with local ordinances pertaining to flood areas.

(4) Agricultural areas in active production of food for human consumption.

(c) Slopes shall be as follows:

(1) Open, grassed areas—limited to 12%.

(2) Forested areas—limited to 25%.

(3) Nonfood producing agricultural areas—limited to 4%

(d) Spray field sizing based upon soils characteristics shall be in accordance with Table B in § 73.16(e) (relating to absorption area and spray field requirements).

(e) Construction shall be as follows:

(1) The area upslope of the spray field shall be graded or bermed to divert upland drainage from the spray field site.

(2) The downslope portion of the permitted spray field shall be graded or bermed to retain effluent on the permitted spray site.

(3) The permitted spray field shall be covered with vegetation.

(4) Construction activity within the spray field site shall be conducted in a manner which will minimize earth disturbance and compaction.

The provisions of this § 73.163 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.163 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.164 Chlorine contact/storage tanks.

(a) The minimum liquid capacity of an individual residential spray irrigation system storage tank serving a three bedroom dwelling, excluding chlorine contact volume, is 2,000 gallons. The tank size shall be increased an additional 500 gallons for each additional bedroom over three. Additional increases in size may be required where more than 5 days storage is needed due to climatic conditions or when spray fields are located in floodplain or floodprone areas.

(b) Storage tanks used in individual residential spray irrigation systems shall meet the construction standards in § 73.45(1) and (4)—(6) (relating to dose tank). When more than one tank is used, the tanks shall be connected together at the bottom to equalize the liquid level in the tanks.

The provisions of this § 73.164 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.164 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.165 Disinfection.

(a) Disinfection of effluent is required prior to spraying. The disinfection shall be by chlorination and shall produce an effluent which will contain a concentration not greater than 200 fecal coliform organisms per 100 milliliters in a single sample. Disinfection units shall be installed in accordance with the manufacturer’s specifications. Disinfection units shall be reliable, able to disinfect sewage effluent and be easily maintained by the property owner.

(b) A chlorinator shall be designed to maintain a chlorine residual of 0.2 PPM to 2 PPM and provide for a 30 minute contact time.

(1) When an erosion chlorinator is proposed, the base of the unit may be placed no deeper than 36 inches below finished grade.

(2) When a lift pump is used to keep the unit no deeper than 36 inches below finished grade, the pump shall have a discharge rate that does not exceed the manufacturer’s specifications for the erosion chlorinator and shall meet the appropriate specification of § 73.46 (relating to dosing pumps, siphons and lift pumps).

(3) Chlorine contact time may be obtained using a separate chlorine contact tank or in-line chlorination followed by the storage tank.

(4) Chlorinators shall be housed separately from chlorine contact tanks or storage tanks unless the tanks are specifically designed to house chlorinators.

The provisions of this § 73.165 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.165 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.166 Design of pressure distribution for individual residential spray irrigationsystems.

(a) Design of pressure distribution in an individual residential spray irrigation system shall comply with the following:

(1) Conveyance of effluent from the storage tank to the spray field shall be through a delivery pipe sized to minimize friction loss.

(2) Check valves shall be prohibited on delivery lines. Air relief valves may be placed at high points in the delivery lines to prevent air locks.

(3) The delivery line and laterals shall be designed so that the effluent will drain back to the storage tank or otherwise designed to prevent freezing of the lines and sprinkler heads.

(4) Individual laterals shall be sized to minimize friction loss. The hydraulic loss (friction and elevation changes) within a lateral shall be less than 20 % of the operating head of the sprinklers.

(5) Design of laterals should include consideration of measures to prevent freezing of lines.

(6) Spacing of laterals and sprinklers shall provide for distribution of the effluent over the spray field using a design nozzle pattern that does not overlap adjacent spray nozzle wetted perimeters.

(7) Design of the spray field shall be based on the manufacturer’s sprinkler specifications listing operating head, wetted diameter, nozzle size and discharge rate which shall be attached to the system design.

(8) Sprinklers shall be installed on risers 18 inches to 5 feet above grade level.

(9) Sprinklers shall be kept clear of obstructing vegetation for a radius of 5 feet.

(10) The design head of the sprinkler may not exceed the manufacturer’s specifications for each system component.

(11) The minimum pump capacity shall equal the total discharge from all sprinklers when operating at design head.

(12) Total pump head shall be calculated by addition of all losses incurred due to elevation changes, pipe and fitting friction losses and the design head of the sprinkler.

(13) The effluent shall be discharged to the spray field once per day. A manual override shall be installed in the system to allow interruption of this spray cycle when weather conditions are not conducive to spraying.

(14) The permittee shall conduct a test pressurization of the completed spray field in the presence of the sewage enforcement officer prior to covering the piping system from view. During the test, the sewage enforcement officer shall confirm that all joints are water tight, the design head is achieved and the manual override is functional.

The provisions of this § 73.166 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.166 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

25 Pa. Code § 73.167 Operation and maintenance.

Individual residential spray irrigation systems require periodic maintenance by the property owner and entity established under § 72.25(h) (relating to permit requirements for operation and maintenance of individual residential spray irrigation systems). Without proper maintenance, system components will fail and pollution or a public health hazard will occur. This may result in costly repairs and civil penalties. The system designer shall provide an operation and maintenance manual, which may be supplemented with manufacturer’s manuals and instructions, to the permittee that includes, as a minimum, the following required standards for operation and maintenance to be met by the permittee:

(1) Septic tanks, dosing tanks, lift pump tanks and chlorine contact/storage tanks shall be inspected every 6 months for structural integrity of the tank, inlet and outlet baffles, solids retainer, pumps, siphons and electrical connections.

(2) Aerobic tanks shall be inspected every 6 months for structural integrity of the tank, inlets and outlet baffles, buoyed solids retainer, pumps, siphons and electrical connections. The inspection and concurrent pumping of excess solids shall be conducted in accordance with manufacturer’s and NSF requirements.

(3) Free access sand filters, buried sand filters, chlorinators, the pressurized spray irrigation plumbing and spray nozzles and the spray fields shall be inspected periodically by the property owner and every 6 months by the maintenance entity established under § 72.25(h). Each component shall be inspected for compliance with the following standards:

(i) Chlorine residual sampled after the contact/retention tank shall be maintained at a concentration of at least 0.2 PPM.

(ii) The chlorinator shall be functioning within the specifications of the manufacturer. Bridging of chlorine tablets may not be occurring.

(iii) Solids may not be accumulated on the surface of the sand in the free access sand filter nor may 12 inches to effluent be ponded over the sand. The high water alarm shall be functional.

(iv) The surface of the free access sand shall be raked and porous and any sand removed shall be replaced with sufficient clean sand to maintain the depth at a minimum of 24 inches.

(v) The plumbing in the free access sand filter tank shall be functional and free of leaks and splash plates shall be in place.

(vi) The free access sand filter tank and cover shall be structurally sound and unauthorized access equipment shall be in place. Insulation shall be in place.

(vii) The areas of the buried sand filter shall be free of ponded effluent and downgradient seepage.

(viii) The plumbing to the spray field shall be functional and free of leaks.

(ix) The spray nozzles shall be functioning within the design specifications and the extent of the designed wetted perimeter and each nozzle.

(4) A laboratory shall test the discharge to the system for fecal coliforms, carbonaceous biological oxygen demand (CBOD), suspended solids and chlorine residual to determine compliance with Chapter 72 (relating to the administration of sewage facilities permitting program). At least annually, a copy of the tests results along with the most recent inspection of the system by the maintenance entity established under § 72.25(h) shall be sent to the local agency.

The provisions of this § 73.167 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 73.167 adopted November 7, 1997, effective November 8, 1997, 27 Pa.B. 5877.

This section cited in 25 Pa. Code § 71.63 (relating to retaining tanks); 25 Pa. Code § 72.25 (relating to issuance of permits); and 25 Pa. Code § 72.42 (relating to powers and duties of local agencies).

The provisions of this Appendix A adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 21, 1983, effective January 22, 1983, 13 Pa.B. 508. Immediately preceding text appears at serial page (17868).

The provisions of this Appendix B adopted August 2, 1971, effective August 14, 1971, 1 Pa.B. 1649; amended August 30, 1974, effective September 16, 1974, 4 Pa.B. 1805; reserved January 21, 1983, effective January 22, 1983, 13 Pa.B. 508. Immediately preceding text appears at serial pages (17869) to (17877).

History

• Authority: The provisions of this Chapter 73 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 73 amended through January 21, 1983, effective January 22, 1983, 13 Pa.

Chapter 76 Solid Waste—Resource Recovery Development

25 Pa. Code § 76.1 Definitions.

(a) The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Contractor—A person who contracts with a development agency to perform construction on a development project or demonstration project. Demonstration period—The period of time agreed upon by the Department and a development agency to determine whether a demonstration project is either technologically feasible or economically feasible or both.

(b) Other words and terms not otherwise defined in this chapter have the meanings ascribed to them in the Pennsylvania Solid Waste Resource Recovery Development Act (35 P. S. § § 755.1—755.14), hereinafter referred to as ‘‘the act’’ unless the context clearly indicates otherwise.

The provisions of this § 76.1 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18960).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.2 Scope.

This subchapter applies to a development agency applying for a loan or grant or both under the act.

The provisions of this § 76.2 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18960).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.11 Preapplication conference.

Prospective applicants shall request the Department to schedule a preapplication conference to discuss the proposed development project before an application is filed with the Department. The purpose of the conference is to facilitate the development of an application that meets the requirements of the act and this chapter. A statement by a Department official at the preapplication conference will not be deemed an order, action or decision of the Department subject to the hearing provisions of 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law) nor may a conferee be precluded from submitting an application by virtue of the conference.

The provisions of this § 76.11 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18960).

This section cited in 25 Pa. Code § 76.82 (relating to review of Department decision).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.12 Applications.

(a) Applications for loans or grants, or both, shall be in writing and shall be made on forms prescribed, prepared and furnished by the Department and shall set forth the information and be accompanied by the data necessary for the Department to determine the applicant’s eligibility to be considered for a loan under § § 76.21—76.23 and § § 76.31—76.33 (relating to eligibility for loan; and eligibility for grant).

(b) Each year the Department will establish the final date for the submission of an application for loans or grants, or both, which could receive funding in that fiscal year. The Department may extend the date if it deems an extension necessary. The Department will publish the date in the Pennsylvania Bulletin. An application received by the Department after the date set in the respective year will not be considered for funding in that year.

(c) At the request of the Department, the applicant shall provide an additional documentation or information the Department may deem necessary to insure compliance with the act and this chapter.

(d) If two or more municipalities or a municipal authority make application for a joint development project or demonstration project, or both, a single application shall be executed by participating municipalities. In addition, the application shall be accompanied by a resolution of each municipality setting forth their respective responsibilities and commitments.

(e) If the proposed development project or demonstration project, or both, includes the processing or disposal, or both, of solid waste generated by a municipality other than the applicant, documentation acceptable to the Department shall be submitted to the Department setting forth the respective responsibilities and commitments of the municipalities involved in the project.

(f) If the Department receives an incomplete application, the application will be returned to the applicant with a written statement of the reasons the application is incomplete.

The provisions of this § 76.12 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18961).

This section cited in 25 Pa. Code § 76.82 (relating to review of Department decision).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.13 Public notice of application.

Upon receipt of a complete application, the Department will publish a notification in the Pennsylvania Bulletin that an application has been received and that comments are solicited from interested parties. The Department, in its discretion, may hold a public hearing upon the application.

The provisions of this § 76.13 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18961).

This section cited in 25 Pa. Code § 76.82 (relating to review of Department decision).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.21 General eligibility requirements.

(a) Before a loan will be granted by the Department, the development agency shall establish to the satisfaction of the Department the following:

(1) The proposed solid waste disposal/processing system or the proposed resource recovery system, or both, are part of a Department approved official solid waste management plan and the plan has been adopted by the development agency or its constituents.

(2) The solid waste upon which the development project is based will be delivered to the project.

(3) The development project may not jeopardize the economic stability of existing solid waste disposal/processing systems or resource recovery systems, or both, which have already been approved by the Department as part of an officially adopted solid waste management plan.

(4) Federal and State permits or approvals necessary to implement the development project have been obtained.

(b) Receipt of a loan under the act by a development agency does not relieve that development agency of the obligation of complying with Federal and State laws, regulations and standards applicable to the development project.

The provisions of this § 76.21 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial pages (18961) to (18962).

This section cited in 25 Pa. Code § 76.12 (relating to applications); 25 Pa. Code § 76.22 (relating to eligibility requirements for disposal/processing system loans); 25 Pa. Code § 76.23 (relating to eligibility requirements for resource recovery system loans); 25 Pa. Code § 76.81 (relating to evaluation); and 25 Pa. Code § 76.82 (relating to review of Department decision).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.22 Eligibility requirements for disposal/processing system loans.

(a) In addition to the requirements set forth in § 76.21 (relating to general eligibility requirements), development agencies, to be eligible for loans for construction of solid waste disposal/processing systems shall demonstrate to the Department through engineering, economic and other appropriate studies that solid waste generation or recovered materials market commitments, or both, are insufficient or unavailable to support a resource recovery system.

(b) Municipalities which are or are in counties of the seventh and eighth class shall be eligible for loans for construction of new solid waste disposal/processing systems only when they serve a minimum population of 10,000 persons, except where total county population is less than 10,000 persons, in which event, the project shall serve the total county populace.

(c) Municipalities which are or are in counties of the fifth through eighth classes shall be eligible for loans for construction of existing solid waste disposal/processing systems.

The provisions of this § 76.22 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18962).

This section cited in 25 Pa. Code § 76.12 (relating to applications); 25 Pa. Code § 76.81 (relating to evaluation); and 25 Pa. Code § 76.82 (relating to review of Department decision).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.23 Eligibility requirements for resource recovery system loans.

In addition to the requirements of § 76.21 (relating to general eligibility requirements), development agencies, to be eligible for loans for construction of resource recovery systems, shall satisfy the Department as to the degree of resource recovery which the project is forecast to accomplish and the commitment of markets for materials or values, or both, recovered by the project.

The provisions of this § 76.23 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18963).

This section cited in 25 Pa. Code § 76.12 (relating to applications); 25 Pa. Code § 76.81 (relating to evaluation); and 25 Pa. Code § 76.82 (relating to review of Department decision).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.31 General eligibility requirements.

(a) Before a grant is given by the Department, the development agency shall establish to the satisfaction of the Department the following:

(1) The development agency applying for a grant is part of a solid waste management plan approved by the Department.

(2) The solid waste upon which the demonstration project is based will be delivered to the project during the demonstration period.

(3) Federal and State permits or approvals necessary to implement the demonstration project have been obtained.

(b) Receipt of a grant under the act by a development agency does not relieve that development agency of the obligation of complying with Federal and State laws, regulations and standards applicable to the demonstration project.

The provisions of this § 76.31 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18963).

This section cited in 25 Pa. Code § 76.12 (relating to applications); 25 Pa. Code § 76.81 (relating to evaluation); 25 Pa. Code § 76.82 (relating to review of Department decision); and 25 Pa. Code § 76.83 (relating to order of funding projects).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.32 Review guidelines.

The Department will review applications based on the following guidelines:

(1) The project shall be consistent with state, regional and local planning.

(2) The degree to which the project can be expected to demonstrate results that will have general application to solid waste management problems within this Commonwealth.

(3) The likelihood that the project will continue as an ongoing service after the demonstration period.

(4) The degree to which project objectives are attainable and measurable within the scope of the project.

(5) The projected quantity and quality of materials or energy, or both, recovered.

(6) The projected economic viability of the project.

(7) The possible duplication of other existing or proposed projects.

(8) The degree of improvement to the environment attainable from the project.

The provisions of this § 76.32 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial pages (18963) to (18964).

This section cited in 25 Pa. Code § 76.12 (relating to applications); 25 Pa. Code § 76.81 (relating to evaluation); 25 Pa. Code § 76.82 (relating to review of Department decision); and 25 Pa. Code § 76.83 (relating to order of funding projects).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.33 Demonstration project testing and evaluation.

(a) Demonstration projects shall include provisions for testing and evaluating the environmental effects, effectiveness of equipment or processing technology, product quantities and qualities, economic feasibility and other guidelines the Department may require.

(b) Applications for grants shall include a complete description, with procedures, of the proposed testing and evaluation program of the project.

The provisions of this § 76.33 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18964).

This section cited in 25 Pa. Code § 76.12 (relating to applications); 25 Pa. Code § 76.81 (relating to evaluation); 25 Pa. Code § 76.82 (relating to review of Department decision); and 25 Pa. Code § 76.83 (relating to order of funding projects).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.41 Department approval requirements.

(a) After a project has been given tentative approval, or placed on a priority list, whichever is applicable, written approval of the Department is required for project changes which alter the approved scope of the project, substantially alter the design of the project or increase the amount of Commonwealth funds needed to complete the project.

(b) Approval of project changes under this section may not commit or obligate the Commonwealth to an increase in the amount of the grant or loan, or both, or disbursements thereunder unless the increase is agreed to by the Department.

The provisions of this § 76.41 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18964).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.51 Construction requirements.

(a) The development agency shall provide and maintain competent and adequate engineering supervision and inspection for the project to insure that the construction conforms with the approved plans and specifications.

(b) A construction contract shall provide that representatives of the Department, as appropriate, will have access to the work whenever it is in preparation or progress. The contract shall also provide that the Department will have access to books, documents, papers and records of the contractor which are pertinent to the project for the purpose of making audit, examination, excerpts and transcriptions thereof.

(c) The development agency shall construct the project or cause it to be constructed as approved by the Department.

The provisions of this § 76.51 adopted December 13, 1974, effective December 30, 1974, 4 Pa.B. 2529; amended January 30, 1976, effective February 16, 1976, 6 Pa.B. 157. Immediately preceding text appears at serial page (18965).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.61 Construction progress reports.

(a) Written construction progress reports shall be submitted to the Department quarterly for development and demonstration projects by the development agency, in consultation with the designer of the plans and specifications and the construction contractor. A more frequent progress report may be required for some projects, if set forth in the agreement.

(b) Progress reports shall fully describe in chart or narrative format the progress achieved in relation to the approved schedule and project milestones. Special delays or problems shall be fully explained. Progress reports shall be attested to by the project engineer.

The provisions of this § 76.61 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.62 Report of project expenditures.

‘‘Schedule A—Statement of Revenues, Expenditures, and Encumbrances’’ shall be submitted quarterly or whenever a disbursement is requested, whichever occurs first, throughout the construction period or budget period of the project.

The provisions of this § 76.62 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.63 Interim and final reports.

(a) The development agency shall submit the following reports for a demonstration project:

(1) Interim reports. Interim report schedules and content shall be established in the grant agreement.

(2) Final report. The final report shall be submitted in draft form at least 90 days prior to the end of the approved project period and shall contain the following:

(i) Documentation of project activities over the entire period of grant support.

(ii) Description of the development agency achievements with respect to stated project purposes and objectives.

(iii) Technical aspects of the project, both negative and positive, in complete detail.

(iv) The findings, conclusions and results of the agency, including, when applicable, an evaluation of the technical effectiveness, environmental effects and economic feasibility of methods and techniques demonstrated.

(b) Prior to the end of the project period, after review and comment on the draft report by the Department, the development agency shall submit one reproducible copy suitable for printing of the final report to the Department, which shall include changes or additional information applicable to the project that the Department may have required upon review of the draft final report.

The provisions of this § 76.63 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.71 License requirements.

(a) An agreement for a loan or a grant, or both, shall contain an agreement by the developing agency that it grants, and shall require a contractor performing work with funds under the loan or grant, or both, to grant to the Commonwealth, a royalty-free, nonexclusive, irrevocable license to use and practice and to have used and practiced for it within this Commonwealth all information, including the subject matter of an invention, generated, conceived or made by the development agency or contractor, or both, in the course of work performed with funds from the loan or grant, or both, and relating to solid waste processing/disposal and resource recovery systems and under an United States Letters Patent covering an invention which the development agency or contractor has the right to license; the license to include also a royalty free nonexclusive, irrevocable license under a background United States Letters Patent which the development agency or contractor has the right to license and infringement of which cannot be avoided by the practice of the invention; and the license also to include the right to the Commonwealth to grant to municipalities and municipal authorities within this Commonwealth royalty-free, nonexclusive, irrevocable sublicense of like scope.

(b) In projects where there is also financial participation by the United States government under conditions entitling the United States government to paramount rights in information, invention and United States Letters Patent covering the same, the Department will make every reasonable effort to obtain from the United States government a royalty free nonexclusive, irrevocable license of the same scope as the license referred to in subsection (a) before executing the subject agreement with the development agency.

The provisions of this § 76.71 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.81 Evaluation.

The Department will determine whether an application qualifies for funding under § § 76.21—76.23 and 76.31—76.33 (relating to eligibility for loan; and eligibility for grant), whichever the case may be, and the act. An application for loan and grant will be evaluated under § § 76.21—76.23 and § § 76.31—76.33 and the act. An application may be placed on a tentative approval list or a priority list, as appropriate, maintained by the Department in accordance with § 76.83 (relating to order of funding projects) when the requirements of § § 76.21—76.23 or § § 76.31—76.33, or both, whichever the case, have been met or will, in the Department’s judgment, be met. However, a loan agreement or grant agreement, or both, will not be given until the requirements of § § 76.21—76.23 or 76.31—76.33, or both, whichever the case, have been met.

The provisions of this § 76.81 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.82 Review of Department decision.

(a) If the Department determines that an application for funding submitted under § § 76.11—76.13 (relating to applications) does not qualify or no longer qualifies for funding under § § 76.21—76.23 or 76.31—76.33 (relating to eligibility for loan; and eligibility for grant), or both, whichever the case may be, it will notify the applicant in writing that its application has been denied or approval revoked and will set forth the reasons for the denial or revocation of approval. The action of the Department is appealable to the EHB under section 5 of the act (35 P. S. § 755.5), and 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).

(b) If an application is approved, an aggrieved party may appeal the decision to the EHB under section 5 of the act (35 P. S. § 755.5) and 2 Pa.C.S. § § 501—508 and 701—704.

(c) Approvals and denials will be published by the Department in the Pennsylvania Bulletin.

The provisions of this § 76.82 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.83 Order of funding projects.

(a) Applications for loans. The Department will establish and maintain a tentative approval list of applications for development projects requesting loans which represent the candidates for funding. Applicants which are on the tentative approval list will be funded in the order in which they complete the necessary documentation and secure permits and approvals and commitments for loan.

(b) Applications for grants. Applications for grants shall conform with the following:

(1) Using its best judgment, the Department will apply the criteria and guidelines set forth in § § 76.31 and 76.32 (relating to general eligibility requirements; and review guidelines) and will rank accordingly those demonstration grant applications which it has determined to merit funding on a priority list.

(2) The Department will establish levels of funding for projects which, in its discretion, it deems appropriate to the accomplishment of the objectives of the act, taking into consideration the following:

(i) The amount of funding requested.

(ii) The appropriation available in the Solid Waste-Demonstration Grants-in-Aid Fund.

(iii) The extent and cost of equipment which is designed to demonstrate the technical and ecomonic feasibility of a new and improved technique, process or system applicable to a resource recovery project.

(iv) The amounts of funding requested by other proposed demonstration projects which are determined by the Deaprtment to merit funding.

(v) The extent of funding which will be provided to the project by a person other than the applicant.

(3) The Department will fund projects according to rank and level of funding determined by the Department after the applicants complete the necessary documentation and secure permits and approvals and commitments for grant.

The provisions of this § 76.83 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

This section cited in 25 Pa. Code § 76.81 (relating to evaluation).

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.84 Expiration of eligibility for loan or grant consideration.

(a) Projects which do not complete the documentation and secure the permits and approvals and commitments necessary for loan or grant, or both, within 1 year of the date of placement on the tentative approval list or priority list, whichever the case may be, may be removed from the respective list.

(b) The removal may not preclude an applicant from resubmitting an application for reevaluation and reinstatement on the tentative approval list or priority list whichever the case, after the necessary documentation has been completed and the permits, approvals and commitments necessary for funding have been obtained.

The provisions of this § 76.84 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.91 General requirements.

The Department will not lend or grant funds to a development agency unless the development agency has secured Department approval of the application and has obtained the required permits and approvals and commitments for the development project or demonstration project, and has entered into an agreement with the Department complying with the requirements of the act, in the form the Department will determine.

The provisions of this § 76.91 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.92 Schedule of disbursements.

(a) The Department will establish in the loan agreement the loan disbursement schedule for a development project and in the grant agreement the disbursement schedule for a demonstration project upon its determination that the approved applicant has met the requirements of eligibility for loan or eligibility for grant, or both, whichever the case may be. The disbursement schedule shall include monthly progress payments or a longer period that may be established in the construction contract.

(b) The Department will release each scheduled disbursement after review and approval of ‘‘Schedule A—Statement of Revenues, Expenditures, and Encumbrances,’’ as submitted by the development agency.

The provisions of this § 76.92 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.93 Loan repayment schedule.

The schedule and procedure for repayments to the Solid Waste-Resource Recovery Development fund shall be established in the loan agreement.

The provisions of this § 76.93 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.94 Withholding of payment.

If the development agency, prior to receipt of the total disbursement for loan or grant, or both, fails to comply with the act or other laws of this Commonwealth applicable to the development project or demonstration project, the Department may upon reasonable notice to the development agency and the contractor withhold, in whole or part, further disbursements to the development agency pending compliance, provided, however, that payment to the contractor shall be authorized for the work which has been approved by the development agency and performed by the contractor prior to the date of the notice.

The provisions of this § 76.94 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.95 Accounting.

(a) Books of account and a financial record system acceptable to this Department shall be maintained by the development agency.

(b) Accounting for project funds, including receipts, development agency contributions and expenditures, shall be in accordance with generally accepted accounting principles and practices, consistently applied, regardless of source of funds.

(c) Supporting records of expenditures shall be recorded in sufficient detail to show that loan or grant funds or both were used for the purpose for which the loan or grant or both was made.

The provisions of this § 76.95 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.96 Audits and inspections.

Books of account and financial records of the development agency are subject to audit and inspection by the Auditor General of the Commonwealth and the Department in addition to other audits and inspections provided by law.

The provisions of this § 76.96 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

25 Pa. Code § 76.101 Uniform interest rates.

Loans administered by the Department under the act shall bear interest at a uniform annual rate of 3.0%.

The provisions of this § 76.101 adopted January 30, 1976, effective February 16, 1976, 6 Pa.B. 157.

History

• Authority: The provisions of this Chapter 76 issued under section 6 of the Pennsylvania Solid Waste Resource Recovery Development Act (35 P.
• Source: The provisions of this Chapter 76 adopted December 13, 1974, effective December 30, 1974, 4 Pa.

Chapter 79 Oil and Gas Conservation

25 Pa. Code § 79.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Oil and Gas Conservation Law (58 P. S. § § 401—419). This chapter applies only to the formations and the wells which are covered by the act. Blowout—A sudden or violent escape of oil or natural gas, as from a drilling well when high formational pressure is encountered. Blowout preventer—A heavy casinghead control fitted with special gates or rams which can be closed around the drill pipe, or which completely closes the top of the casing. Casinghead gas—Gas or vapor, or both gas and vapor, indigenous to an oil stratum and produced from the stratum with oil. Common source of supply—A pool. Condensate—Liquid hydrocarbons which were originally in the gaseous phase in the reservoir. Correlative rights—The rights of each owner of oil and gas interest in a common pool or source of supply of oil or gas to have a fair and reasonable opportunity to obtain and produce his just and equitable share of the oil and gas in the pool or sources of supply without being required to drill unnecessary wells or incur other unnecessary expense to recover or receive the oil or gas or its equivalent. Cubic foot of gas—The volume of gas contained in one cubic foot of space at a standard pressure base and a standard temperature base. For Department reports only, the standard pressure base shall be 14.73 pounds per square inch absolute and the standard temperature base shall be 60°F. Drill—To drill or redrill a well or deepen an existing well. Drilling unit—The term includes spacing unit and means the area designated in a spacing order as a unit and within which all operators have the opportunity to participate in the well or wells drilled thereon on a just and equitable basis. Fees—Fees, as provided in the act, shall be made payable to the ‘‘Commonwealth of Pennsylvania’’ and credited to the account of the Department for its use under the act. Gas—Natural gas and other volatile hydrocarbons not defined as oil, including condensate because it originally was in a gaseous phase in the reservoir. Lease—A tract or tracts of land which by virtue of an oil and gas lease, fee or oil and gas ownership, constitute a single tract or leasehold estate for the purpose of the development or operation thereof for oil or gas, or both. Nonparticipating operator—An operator who owns an interest in land included in a spacing unit, and who has not elected to participate in the drilling, equipping, completing and operating the well or wells to be drilled on the unit, and to share in the costs of the same. Oil—Crude petroleum oil and other hydrocarbons regardless of gravity produced at a well in liquid form by ordinary production methods. The term does not include liquid hydrocarbons which were originally in a gaseous phase in the reservoir. Operator—An owner of the right to develop, operate and produce oil and gas from the pool. If there is no oil and gas lease in existence, the owner of the oil and gas rights shall be considered as operator to the extent of 7/8 of the oil and gas in that portion of the pool underlying the tract owned by that owner and a royalty owner as to a 1/8 interest in the oil and gas. If the oil is owned separately from the gas, the owner of the substance being produced or sought to be produced from the pool shall be considered as operator of the pool. Participating operator—An operator who owns an interest in land included in a spacing unit, and who has elected to participate in the drilling, equipping, completing and operating the well to be drilled on the unit, and to share in the costs of the same. Person—A natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary or other representative, of any kind. The term includes a department, agency or instrumentality of the Commonwealth or a governmental subdivision thereof. Pool—An underground reservoir containing a common accumulation of oil or gas, or both, not in communication laterally or vertically with another accumulation of oil or gas. Producer—The owner of a well capable of producing oil or gas, or both. Royalty owner—An owner of oil or gas in place of oil or gas rights subject to a lease covering the oil or gas in place or oil or gas rights. The term also includes an owner of an interest in an oil or gas lease which entitles him to share in the production of the oil or gas under the lease or the proceeds therefrom without obligating him to pay any costs under the lease. The term also includes the owner of an interest in the oil or gas in place or oil or gas rights who has not executed an oil or gas lease to the extent that the owner is not designated an operator. Spacing unit—A drilling unit. Waste—The following is considered waste:

(i) Physical waste as the term is generally understood in the oil and gas industry which includes the following:

(A) Permitting the migration of oil, gas or water from the stratum in which it is found to other strata if the migration would result in the loss of recoverable oil or gas, or both.

(B) The drowning with water of a stratum or part thereof capable of producing oil or gas in paying quantities except for secondary recovery purposes or in hydraulic fracturing or other completion practices.

(C) The unnecessary or excessive surface loss or destruction of oil or gas.

(D) The inefficient or improper use, or unnecessary dissipation of reservoir energy.

(ii) The drilling of more wells than are reasonably required to recover efficiently and economically the maximum amount of oil and gas from a pool.

The provisions of this § 79.1 amended under the Oil and Gas Act (58 P. S. § § 601.101—601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518); the Oil and Gas Conservation Law (58 P. S. § § 401—419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1—510-108); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Soild Waste Management Act (35 P. S. § § 6018.101—6018.1003).

The provisions of this § 97.1 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (121570) and (4461) to (4462).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.11 Drilling permits.

(a) No person may drill a well subject to the act unless a permit under the Oil and Gas Act (58 P. S. § § 601.101—601.605) is obtained and the requirements of the act and this section are met.

(b) The requested location of the well may not conflict with a spacing or pooling order previously entered or pending before the Department, and the requested location shall be at least 330 feet from the nearest outside boundary line of the lease on which it is located. If the application is accompanied by a signed or certified copy of a voluntary unitization agreement unitizing all or a portion of the land on which the well is to be located with all other lands or portions thereof lying within 330 feet of the requested location, the permits will not be denied on the basis that the requested location is within 330 feet of the nearest outside boundary of the lease. If the application for a requested location within 330 feet of the nearest outside boundary is not accompanied by a voluntary unitization agreement as set out in the preceding sentence, and if the applicant—being otherwise qualified to receive a permit—desires to request the Department to waive the 330-foot limitation, the applicant may file a statement with the application requesting a hearing before the Department and stating the reasons why the exemption should be granted. Notice as provided in the act will be given to all operators owning land within 330 feet of the requested location. The Department will then determine at the public hearing whether the application for a permit will be granted.

(c) When a drilling permit is requested within an area covered by a spacing order, or on which an application for a spacing order is pending, the applicant shall comply with § § 79.28 and 79.31 (relating to issuance of drilling permit; and application requirements) where applicable.

The provisions of this § 79.11 amended under: section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 5 of the Oil and Gas Conservation Law (58 P. S. § 405); amended under: the Oil and Gas Act (58 P. S. § § 601.101—601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518); the Oil and Gas Conservation Law (58 P. S. § § 401—419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1 and 510-108); the The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).

The provisions of this § 79.11 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4294; amended January 7, 1983, effective January 8, 1983, 13 Pa.B. 127; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (78959) to (78960).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.12 Waste prevention.

(a) Suitable and safe surface casing shall be used in wells to prevent waste.

(b) Blowout equipment shall be in good working condition at all times and sufficient to prevent waste.

(c) The operator shall run and cement sufficient intermediate or production casing, or both, to prevent waste prior to closing or ‘‘shutting in’’ the well at the surface.

(d) The production casing shall be cemented in place with a sufficient amount of cement to fill the calculated annular space to a point at least 500 feet above the casing shoe and at least 200 feet above the uppermost perforations.

(e) The cement shall be allowed to set to a minimum compression strength of 500 pounds per square inch, using generally recognized industry engineering data for the type of cement used, prior to resumption of drilling. The waiting time on cement shall in no case be less than 8 hours.

The provisions of this § 79.12 amended under: section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 5 of the Oil and Gas Conservation Law (58 P. S. § 405); amended under: the Oil and Gas Act (58 P. S. § § 601.101—601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518); the Oil and Gas Conservation Law (58 P. S. § § 401—419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1—510-108); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).

The provisions of this § 79.12 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended January 7, 1983, effective January 8, 1983, 13 Pa.B. 127; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (78961) to (78962).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.15 Fire prevention.

(a) Rubbish or debris which might constitute a fire hazard shall be removed to a distance of at least 100 feet from the well location, tanks and separator. Waste oil or gas shall be burned or disposed of in a manner to avert creating a fire hazard.

(b) When it is deemed necessary by the Department to protect life, health or property, the Department may require any oil storage tank to have a method of secondary containment which meets the requirements of § 78.64 (relating to containment around oil tanks).

(c) A person controlling or operating oil and gas wells or pipelines, or receiving tanks, storage tanks or receiving and storage receptacles into which crude oil is produced, received or stored, or through which oil or gas is piped or transported, shall immediately notify the Department and confirm by letter giving full details concerning fires which occur at the oil or gas wells or tanks or receptacles on their property, and that person shall immediately report and confirm in the same manner, tanks or receptacles struck by lightning and any other fire which destroys oil or gas, and also breaks in or from tanks or receptacles and pipelines from which oil or gas is escaping or has escaped. In the reports of fires, breaks or other accidents of this nature, the location of the well, tank, receptacle or line break shall be given by latitude and longitude, and property, so that the exact location thereof can be readily located on the ground. The reports shall likewise specify what steps have been taken or are in progress to remedy the situation reported and shall detail the quantity of oil or gas estimated to have been lost, destroyed or permitted to escape. In case a tank or receptacle is permitted to run over, the escape thus occurring shall be reported. The report hereby required as to oil losses shall be necessary only in case the estimated oil loss exceeds 100 barrels in the aggregate, or when the estimated gas loss exceeds 3 million cubic feet in the aggregate. The provisions of this section apply to the oil or gas losses on the lease or spacing unit and not to oil or gas losses from pipelines, or transmission lines, or transmission systems.

The provisions of this § 79.15 amended under section 604 of the Oil and Gas Act (58 P. S. § 601.104); section 5 of the Oil and Gas Conservation Law (58 P. S. § 405); section 105 of the Solid Waste Management Act (35 P. S. § 6018.105); section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 79.15 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended March 6, 1998, effective March 7, 1998, 28 Pa.B. 1234. Immediately preceding text appears at serial page (169987).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.16 Deviation in drilling.

(a) The maximum point at which a well penetrates the producing formation may not unreasonably vary from the vertical drawn from the center of the hole at the surface. Deviation is permitted to straighten the hole, sidetrace junk, correct mechanical difficulties or to achieve geological objectives permitted by the act.

(b) No drilled well may be intentionally deviated from the vertical in order to intersect the producing horizon outside the area permitted by the spacing order, unless the deviation is authorized by a permit under the Oil and Gas Act (58 P. S. § § 601.101—601.605). Upon completion of an intentionally deviated well, a complete angular deviation and directional survey of the well, obtained by a responsible well surveying company, shall be filed with the Department together with other regularly required reports.

The provisions of this § 79.16 amended under the Oil and Gas Act (58 P. S. § § 601.101—601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518); the Oil and Gas Conservation Law (58 P. S. § § 401—419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1—510-108); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).

The provisions of this § 79.16 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial page (78964).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.21 Application requirements.

(a) After one or more wells have been drilled, establishing the existence of a pool subject in the act, an application for a spacing order may be filed by the operator of the discovery well or the operator of lands directly and immediately affected by the drilling of the discovery well or subsequent wells, which application shall include the following:

(1) The producing horizon in the pool sought to be spaced. The information shall include the depth in the discovery well of the producing zone and the formation from which the production is being obtained.

(2) A plat shall be filed indicating the latitude and longitude of each well drilled to the pool sought to be spaced, and the area proposed to be included within the spacing order on a scale of 1,320 feet to an inch.

(3) The size of the spacing unit recommended, based on the maximum area which may be drained efficiently and economically by one well.

(4) Whether the wells in the field are producing oil or gas. If the wells in the field are producing both oil and gas, evidence showing the gas/oil ratio of the wells shall be required.

(b) In addition to the requirements in subsection (a), the following information may be included in the application, at the option of the applicant:

(1) A land map outlining the area to be included in each spacing unit in the area covered by the spacing order. If the map is not submitted with the application, or filed by another party at the hearing, unless otherwise determined by the Department, the order will merely set out the approximate amount of acres which will be contained in a drilling unit, and each drilling unit shall be formed prior to the time a well is commenced thereon, as provided in the act.

(2) Information regarding the surface topography of the area to be covered by the order.

(3) Information regarding reservoir characteristics, such as permeability, porosity, water and so forth.

(c) No single application for a spacing order may cover an area exceeding 10 square miles.

(d) Each application for a spacing order shall be accompanied by a fee of $1,000; if the spacing plan of a contestant to the application is adopted, all or a portion of the fee may at the discretion of the Department be levied against the contestant, in which event the portion of the fee will be refunded to the applicant.

The provisions of this § 79.21 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4294. Immediately preceding text appears at serial page (4467).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.22 Notice of hearing.

Immediately upon the filing of an application the Department will give notice of the hearing in the following manner:

(1) Publication for 2 successive weeks in a newspaper in general circulation in each county where any land which may be affected by the order is located.

(2) Mailing a copy of the notice to all persons who have specified to the Department an address to which the notices may be mailed. The first publication and the mailing of the notice shall be at least 15 days before the date fixed for hearing. The Department will maintain a file of addresses, together with the counties or districts in which the persons filing the addresses are interested, in order that the notice may be mailed to them.

The provisions of this § 79.22 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

This section cited in 25 Pa. Code § 79.23 (relating to matters considered); and 25 Pa. Code § 79.24 (relating to contents of order).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.23 Matters considered.

(a) At the time and place specified in the notice under § 79.22 (relating to notice of hearing), the Department will conduct a public hearing. The applicant shall present evidence to substantiate the allegations in his application. The following evidence may be considered by the Department in entering its order:

(1) The surface topography and property lines of the land underlain by the pool.

(2) The plan of well spacing then being employed or proposed in such pool.

(3) The depth at which production from the pool has been found.

(4) The nature and character of the producing formation or formations and whether the substances produced or sought to be produced are gas or oil.

(5) The maximum area which may be drained efficiently and economically by one well.

(6) Other available geological or scientific data pertaining to the pool which may be of probative value to the Department in determining the proper spacing unit therefor with due and relative allowance for correlative rights and obligations of the operators’ and royalty owners’ interests therein.

(b) Any other operator or royalty owner of land within the area sought to be covered by the prospective spacing order shall have the right to appear and oppose or support the spacing plan sought by the applicant and to present its own plan for consideration.

The provisions of this § 79.23 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.24 Contents of order.

(a) The spacing order shall determine the following issues:

(1) The area covered by the spacing order. The area shall be indicated on a map or plat, and placed in the permanent records of the Department. The map or plat shall also be recorded promptly in the office of the recorder of deeds in the county where the land is located, by the successful party, who shall furnish proof of recording to the Department.

(2) The approximate size of the spacing unit.

(b) In the event the applicant or other interested party has filed a property map indicating spacing units, or if the Department desires to do so on its own motion, individual spacing units within the area covered by the order may be set out on the best available map.

(c) In the event that the spacing units are not set out on the map of the area covered by the spacing order, the Department will fix the approximate size of the spacing units, and will fix the location of spacing units around all existing wells in the pool. Before drilling permits will be issued in the area covered by the spacing order, the operator or operators seeking the permits shall be required to submit a plat defining the spacing unit containing approximately this amount of acreage accompanied by an application to the Department to fix the spacing unit for the well. Notice shall then be given to all of the operators owning an interest in the area covered by the spacing order, in the same manner as provided in § 79.22 (relating to notice of hearing). The outside boundary lines of the spacing unit in the direction of prior spacing units shall coincide with the boundaries of the prior units, without gaps or omitted tracts in between two units. The other operators and royalty owners within the area to be covered by the proposed spacing unit or in the vicinity thereof, may appear at the hearing and oppose or support the formation of the unit, or present other plans for the formation of the unit. The unit shall reasonably conform to the area which will be efficiently and economically drained by the well drilled thereon. After notice and hearing, the Department will determine the area to be included in the spacing unit and file the plat thereof in the permanent records of the Department. The successful party shall promptly record the plat in the office of the recorder of deeds of the county or counties where the land is located.

(d) The order will fix the minimum distance which a well drilled on each unit shall be set back from the nearest boundary line of the unit.

The provisions of this § 79.24 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.25 Temporary orders.

If the Department finds that there is not sufficient evidence from which to determine the area which can be efficiently and economically drained by one well, the Department may enter an order establishing temporary spacing units for the orderly development of the pool, pending the submission of information required to determine what the ultimate spacing will be.

The provisions of this § 79.25 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.26 Exceptions to orders.

(a) The Department may allow an exception to the spacing order to vary the minimum distance from the boundary line upon which a well on a given unit may be drilled, upon proof that one of the following circumstances exist:

(1) To take into consideration wells drilled or being drilled at the time the application is filed for a spacing order.

(2) If the Department finds after notice and hearing that a well drilled within the minimum distance prescribed in the spacing order would not be likely to produce in paying quantities.

(3) If the Department finds after notice and hearing that the well drilled at or more than the specified minimum distance from the boundary of the spacing unit will encounter surface conditions which would substantially add to the burden or hazards of drilling the well.

(4) If the operators are prevented from drilling within the area permitted by the order because the Department has prohibited a location within the area because of objections by coal operators.

(b) In granting an exception to the spacing order to permit drilling at less than the minimum distance from the boundary line of the spacing unit, the Department may restrict the production from the well so that each person entitled thereto in the spacing units does not produce or receive more than his just and equitable share of the production. If the Department finds that the production should be restricted, it will make or cause to be made tests of the well to determine its average production and will require meter charts, production histories, or other records as it may deem necessary or advisable to determine that the well is producing in the manner required by order of the Department.

The provisions of this § 79.26 amended under the Oil and Gas Act (58 P. S. § § 601.101—601.605); the Coal and Gas Resource Coordination Act (58 P. S. § § 501—518); the Oil and Gas Conservation Law (58 P. S. § § 401—419); Article XIX-A of The Administrative Code of 1929 (71 P. S. § § 510-1—510-108); The Clean Streams Law (35 P. S. § § 691.1—691.1001); and the Solid Waste Management Act (35 P. S. § § 6018.101—6018.1003).

The provisions of this § 79.26 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended July 28, 1989, effective July 29, 1989, 19 Pa.B. 3229. Immediately preceding text appears at serial pages (4470) to (4471).

This section cited in 25 Pa. Code § 79.28 (relating to issuance of drilling permit).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.27 Modification of orders.

(a) The Department may modify spacing orders to include additional lands determined to be underlain by the pool, or to exclude lands determined not to be underlain by the pool. The order establishing spacing units may also be modified by the Department to permit the drilling of additional wells upon a reasonably uniform pattern and at a uniform minimum distance from the nearest unit boundary as provided above.

(b) An order modifying a prior spacing order shall be made only after application by an interested operator and notice and hearing as prescribed for the original order. The modification of an order shall be promptly recorded in the office of the recorder of deeds in the county or counties on which the land affected is located by the successful party and proof of the recording made to the Department.

The provisions of this § 79.27 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.28 Issuance of drilling permit.

(a) No permit will be granted for the drilling of a well to a pool which is the subject of a pending application for spacing order until the order establishing spacing units has been made, except where the operator, after notice and hearing, can show that he will be unduly prejudiced by the delay and in such case the location shall comply with the spacing pattern in the application which has been filed.

(b) After a spacing order has been entered no permit will be issued for a well to be drilled within the area covered by the order which is less than the minimum distance from the nearest boundary of the spacing unit as set out in the order, unless the operator has obtained an exception to the order under § 79.26 (relating to exceptions to orders). If an application for a drilling permit is refused because of a pending application for a spacing order covering the area on which the drilling permit is sought the applicant for the drilling permit may apply to the Department for an order to shut in the well or wells on adjoining land which are draining his land, until the spacing order is entered. Notice shall be given to the operator of the well or wells sought to be shut in at least 1 week prior to the date of the hearing. At the hearing, the Department will determine whether the well or wells on adjoining lands shall be shut in in order to protect correlative rights until the applicant has the opportunity to obtain a spacing order.

The provisions of this § 79.28 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

This section cited in 25 Pa. Code § 79.11 (relating to drilling permits).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.31 Application requirements.

When an application is filed for a drilling permit on the area covered by the spacing order, it shall be accompanied by the following:

(1) A survey of the entire spacing unit showing the location and acreage content of tracts or portions of tracts, included within the spacing unit. If the operators and royalty owners included in the unit agree on the amount of acreage contained in each tract included in the unit and file a stipulation to that effect, a survey is not necessary. A counterpart or certified copy of a unit operating agreement or unit agreement signed by all of the operators and royalty owners in the unit, and specifying the participation to which each shall be entitled shall meet the requirements of the stipulation herein referred to. If accurate surveys of the spacing unit or tracts included therein are available, they may be used and a new survey is not required.

(2) If there is only one operator in the area covered or to be covered by the spacing unit, the operator shall file an affidavit to that effect. If there is more than one operator owning an interest within the drilling unit, the operators shall file a stipulation setting out the manner in which the cost of the proposed well is to be paid. A counterpart or certified copy of a joint operating agreement containing the provisions shall meet this requirement.

(3) In the event that all of the operators in the spacing unit have not signed the stipulation set out in paragraph (1), the statement shall be filed stating the names and addresses of the operators who have not executed the agreement and the estimated share of the cost of the well attributable to the interest. The operator or operators desiring to drill the well shall include in this statement whether or not they are willing to advance the nonparticipating operator’s share of the cost of the well, and if the well results in production, to recover twice the amount of the costs out of the nonparticipating operator’s share of the production. The participating operators shall include the statement with an application for an integration order as provided in § 79.33 (relating to integration orders). The Department will then notify the nonparticipating operators that they shall come in and file their proportionate share of the estimated cost, or a satisfactory bond securing the payment of the amount at the time it is expended by the participating operators, with the Department within 30 days from the date of the notice. The following provisions shall be alternatives to the requirements of this paragraph:

(i) If the participating operators have indicated their desire to advance the nonparticipating operator’s share of the cost, then the notice shall so state and shall state that the nonparticipating operator shall then be entitled to receive his proportionate share of the production, if any, after a sum equal to double his proportionate share of the cost of the drilling and equipping the well have been repaid to the participating operators, plus an additional charge for supervision, cost of operation, and interest, at the rate of 6% per annum, out of 7/8 of the proportionate part of the production from the well drilled on the unit which is allocated to the tract or interest owned by the nonparticipating operator.

(ii) If the participating operators have indicated that they are not willing to advance the share of the cost attributable to the nonparticipating operator, the notice shall state that this is the fact and that a hearing for the compulsory unitization of interests will be held in accordance with § 79.33.

The provisions of this § 79.31 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

This section cited in 25 Pa. Code § 79.11 (relating to drilling permits); 25 Pa. Code § 79.32 (relating to issuance of drilling permit); and 25 Pa. Code § 79.33 (relating to integration order).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.32 Issuance of drilling permit.

(a) If a proper application has been filed under § 79.31 (relating to application requirements) and if all of the operators in the spacing unit have agreed to participate in the drilling of a well, or if all of the operators in the spacing unit have agreed to participate in the well except for some operators who have not agreed to participate, and the participating operators have agreed to advance the share of the cost attributable to the nonparticipating operators, and the time allowed the nonparticipating operators to come in and advance their share of the cost has elapsed, the drilling permit will be issued. In the event some of the operators have not agreed to participate in their share of the costs, the operators participating in the well shall keep an accurate record of all costs in connection with the drilling, equipping and operating of the well, and if the well is completed as a producer, shall file the complete record with the Department within a reasonable time. The operator shall also keep adequate production records, which shall be open for inspection to the Department or its agents, and to the nonparticipating operators, at reasonable business hours, to determine when twice the cost of drilling and equipping the well plus a reasonable charge for supervision, cost of operation and interest at the rate of 6% per annum has been paid. The participating operators may apply to the Department after notice to the nonparticipating operators and hearings, for determination of a reasonable charge for supervision. The participating operator shall be entitled to recover twice the nonparticipating operator’s share of the drilling and equipping costs, plus a reasonable charge for supervision, the cost of operation, and interest at the rate of 6% per annum, out of 7/8 of the nonparticipating operator’s share of the production. One-eighth of the share of the production attributable to the nonparticipating operator’s interest shall be paid to him from the time of the completion of the well.

(b) If there is a dispute as to the estimated or actual amount of cost, either the participating operators or the nonparticipating operators may apply to the Department to determine the actual cost or estimated cost.

(c) In instances where a well is completed prior to the integration of interests in a spacing unit, the sharing of production shall be from the effective date of the integration, except that in calculating costs credit shall be given for the value of each operator’s share of any prior production from the well.

The provisions of this § 79.32 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726.

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

25 Pa. Code § 79.33 Integration order.

(a) In the event that the participating operators are not willing to advance the share of the cost of the well attributable to nonparticipating operators, they shall file an application for an integration order. The application shall accompany the application for a drilling permit on the spacing unit as provided in § 79.31 (relating to application requirements).

(b) Notice of the application for an integration order shall be given by certified mail to all other operators and royalty owners within the unit whose interests are of record, at least 15 days prior to the date of the hearing, or in the alternative by personal service. If the persons or their addresses are unknown to the applicant, notice may be given by the Department by publication for 2 successive weeks in a newspaper of general circulation in the county, or each county if there be more than one in which the lands embraced within the unit are situated. The first publication shall be at least 15 days prior to the date of the hearing.

(c) The integration order shall contain the following:

(1) The proportionate amount of the estimated cost of drilling, completing and equipping the well attributable to the interest of each nonparticipating operator. If the estimated cost of the well is disputed the Department will determine the estimated cost and adjust this amount to the actual cost after the well is completed and equipped.

(2) The value in money of the operating interest, or leasehold estate, owned by the nonparticipating operator, or if requested by the nonparticipating operator, and at the discretion of the Department, the amount of overriding royalty or carried interest which may be retained by the nonparticipating operator in return for transfer of the operating or leasehold rights to the participating operators.

(3) A form of oil and gas lease, assignment or other agreement which shall fix the future rights between the participating operator and nonparticipating operators, which lease form, assignment or other agreement shall provide for a 1/8 royalty on both oil and gas, shall cover only the formation or horizon covered by the spacing order, and shall be for a primary term which allows for a reasonable time to commence the well on the spacing unit, and as long thereafter as oil or gas is produced in paying quantities from such spacing unit. If lands owned by the Commonwealth are subject to the integration order, the lease shall contain provisions protecting the surface of the land for the purposes for which it was acquired by the Commonwealth.

(d) After the expiration of the time allotted in the integration order for the nonparticipating operator to contribute his share of the estimated cost, the participating operators may acquire the nonparticipating operators’ operating rights or leasehold interest by paying to the nonparticipating operator the cash value for the leasehold estate as fixed by the integration order, or in the alternative paying the money value to the Department which will be held by the Department for the credit of the operator and may be withdrawn by him at any time or by filing an agreement with the Department agreeing to the overriding royalty or carried interest fixed by the integration order. An oil and gas lease, assignment or other agreement on the form specified by the Department in accordance with subsection (c) shall be executed by the nonparticipating operator as lessor to the participating operators as lessee. If the nonparticipating operator fails or refuses to execute the lease or assignment, the Department will execute the lease or assignment on his behalf, and the lease or assignment shall be binding upon him from and after the date of execution.

(e) The application for an integration order shall be accompanied by a fee of $500.

The provisions of this § 79.33 adopted August 12, 1971, effective August 13, 1971, 1 Pa.B. 1726; amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4294. Immediately preceding text appears at serial page (47889).

This section cited in 25 Pa. Code § 79.31 (relating to application requirements).

History

• Authority: The provisions of this Chapter 79 issued under section 5 of the Oil and Gas Conservation Law (58 P.
• Source: The provisions of this Chapter 79 adopted August 12, 1971, effective August 13, 1971, 1 Pa.

Chapter 91 General Provisions

25 Pa. Code § 91.1 Definitions.

The definitions in section 1 of The Clean Streams Law (35 P. S. § 691.1) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise: AEU—Animal equivalent unit—One thousand pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit, as defined in 3 Pa.C.S. § 503 (relating to definitions). Act—The Clean Streams Law (35 P. S. § § 691.1—691.801). Agricultural operations—The management and use of farming resources for the production of crops, livestock or poultry as defined in 3 Pa.C.S. § 503. Agricultural process wastewater—Wastewater from agricultural operations, including from spillage or overflow from livestock or poultry watering systems; washing, cleaning or flushing pens, milkhouses, barns, manure pits; direct contact swimming, washing or spray cooling of livestock or poultry; egg washing; or dust control. Application—The Department’s form for requesting approval to construct and operate a wastewater collection, conveyance or treatment facility under a new water quality management permit, or the modification, revision or transfer of an existing water quality management permit. CAFO—Concentrated animal feeding operation—An agricultural operation that meets the criteria established by the Department in § 92a.2 (relating to definitions). CAO—Concentrated animal operation—An agricultural operation that meets the criteria established by the State Conservation Commission in regulations under 3 Pa.C.S. Chapter 5 (relating to nutrient management and odor management) in Chapter 83, Subchapter D (relating to nutrient management). Facility—A structure built to collect, convey or treat wastewater which requires coverage under a water quality management permit. Federal Act—The Federal Water Pollution Control Act (33 U.S.C.A. § § 1251—1387). General water quality management permit or general permit—A water quality management permit that is issued for a clearly described category of wastewater treatment facilities, which are substantially similar in nature. Major facility—The term as defined in § 92a.2. Manure—

(i) Animal excrement, including poultry litter, which is produced at an agricultural operation.

(ii) The term includes materials such as bedding and raw materials which are commingled with that excrement. Manure Management Manual—The guidance manual published by the Department that is entitled ‘‘Manure Management Manual for Environmental Protection,’’ including its supplements and amendments. The manual describes approved manure management practices for all agricultural operations as required by § 91.36 (relating to pollution control and prevention at agricultural operations). Manure storage capacity—The total volume in gallons of a manure storage facility, less any required freeboard, sufficient and available to contain all of the following:

(i) Accumulated manure and agricultural process wastewater during the storage period.

(ii) Normal precipitation less evaporation on the surface of the facility.

(iii) Normal runoff during the storage period.

(iv) The design storm precipitation and runoff (25 year or 100 year, as appropriate under § 91.36(a)).

(v) Solids remaining after liquids have been removed. Manure storage facility—A permanent structure or pond, a portion of a structure or pond, or a group of structures or ponds at one agricultural operation, utilized for the purpose of containing manure or agricultural process wastewater. This includes concrete, metal or other fabricated tanks and underbuilding structures, as well as earthen and synthetically-lined manure storage ponds. Minor facility—The term as defined in § 92a.2. NOI—Notice of Intent—A complete form submitted as a request for general water quality management permit coverage. Operator—A person or other legal entity responsible for the operation or maintenance of a facility or activity subject to this chapter. Owner—The person or other legal entity holding legal title to a facility or activity subject to this chapter. Pennsylvania Technical Guide (Guide)—

(i) The Pennsylvania Soil and Water Conservation Technical Guide, including supplements and amendments, which is the primary technical guide published by the Pennsylvania office of the Natural Resources Conservation Service of the United States Department of Agriculture.

(ii) The Guide contains technical information, including design criteria, about conservation of soil, water, air, plant and animal resources specific to this Commonwealth.

(iii) The Guide is also referred to as the Field Office Technical Guide in Federal regulations and other documents. Pollutant—A contaminant or other alteration of the physical, chemical or biological properties of surface water which causes or has the potential to cause pollution as defined in section 1 of the act (35 P. S. § 691.1). Pollution prevention—Source reduction and other practices (for example—direct reuse or in-process recycling) that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources, or protection of natural resources by conservation. Pollution prevention measures—Practices that reduce the use of hazardous materials, energy, water or other resources and that protect natural resources and human health through conservation, more efficient use, or effective pollutant release minimization prior to reuse, recycling, treatment or disposal. Schedule of compliance—A schedule of remedial measures including an enforceable sequence of actions or operations leading to compliance with effluent limitations, other limitations, prohibitions or standards. Single residence sewage treatment plant—A system of piping, tanks or other facilities serving a single family residence located on a single family residential lot which collects, disposes and treats solely direct or indirect sewage discharges from the residences into waters of this Commonwealth. Small flow treatment facility—The term as defined in § 92a.2. Stormwater—Runoff from precipitation, snow melt runoff and surface runoff and drainage. Vegetated buffer—A permanent strip of dense perennial vegetation established parallel to the contours of and perpendicular to the dominant slope of the field for purposes that include slowing water runoff, enhancing water infiltration, and minimizing the risk of any potential pollutants from leaving the field and reaching surface waters. Wastewater impoundment—A depression, excavation or facility situated in or upon the ground, whether natural or artificial and whether lined or unlined, used to store wastewater including sewage, animal waste or industrial waste. Water quality management permit—A permit or equivalent document (Part II Permit) issued by the Department to authorize one of the following:

(i) The construction, erection and location of a wastewater collection, conveyance or treatment facility.

(ii) A discharge of wastewater to groundwaters of this Commonwealth.

The provisions of this § 91.1 amended under sections 5(b)(1), 6 and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1), 691.6 and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 91.1 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5796; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (315435) to (315437).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.2 Agreements with other states and agencies.

The administration of the act and the rules and regulations of the Department will conform to interstate obligations the Commonwealth or the Department has assumed or shall in the future assume with other states, the Federal government or their agents under interstate agreements or other formal commitments.

The provisions of this § 91.2 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.3 Consistency with laws.

No act or approval by the Department may be construed as an intent on its part to approve anything inconsistent with law or as abrogating the requirement that the approval of another municipal, State or Federal agency shall be obtained by the party in interest if the approval is necessary or precedent to the carrying out of anything approved by the Department.

The provisions of this § 91.3 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.5 Interpretation of regulations.

Unless a provision of this article explicitly exempts a discharge from permit requirements, no provision of this article may be construed as authorizing a discharge of industrial wastes or other wastes without a permit.

The provisions of this § 91.5 adopted April 27, 1973, effective May 14, 1973, 3 Pa.B. 765; corrected February 25, 1977, effective May 14, 1973, 7 Pa.B. 521.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.6 Pollution prevention.

The Department will encourage pollution prevention by providing assistance to the permittee and users of the permittee’s facilities in the consideration of pollution prevention measures such as process changes, materials substitution, reduction in volume of water use, in-process recycling and reuse of water, and by general measures of ‘‘good housekeeping’’ within the plant or facility. The Department will encourage consideration of the following measures, in descending order of preference, for environmental management of wastes: reuse, recycling, treatment and disposal.

The provisions of this § 91.6 issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.6 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.11 Compliance conferences.

(a) The Department will confer with the representatives of organizations required to abate their pollution of the waters of this Commonwealth and offer advice and suggestions regarding possible means for abatement of the pollution in question through pollution prevention measures or treating the waste if pollution prevention is not possible.

(b) One or more conferences will be held in the interests of attaining a better understanding of the pollution problems involved and of expediting solutions to specific pollution problems. If applicable, the conferences will be held prior to the preparation of plans.

The provisions of this § 91.11 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.11 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (225895) to (225896).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.12 Conference procedure.

(a) Employes of the Department may not act as consulting engineers for a party or recommend the employment of a particular consultant, gather the data for the design of his treatment plant, prepare plans or act as an inspector on the construction of the project.

(b) Employes of the Department will not guarantee directly or by implication the efficacy of a proposed method of pollution abatement.

(c) Employes of the Department shall exercise their best judgment in assisting the party and his engineers, but the responsibility for abating pollution shall rest entirely upon the one causing the pollution.

The provisions of this § 91.12 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.12 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225896).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.13 Abatement or treatment required.

The Department will require either abatement of the pollution or the submission of a plan and schedule for bringing the source’s pollutants into compliance through pollution prevention measures, treatment or other means by a specific date, and shall require progress reports thereon, usually at monthly or bimonthly intervals as the Department will deem appropriate.

The provisions of this § 91.13 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.13 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225896).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.14 Time for constructing treatment works.

(a) If, in lieu of abatement, a notified party elects to provide waste treatment works and submits plans therefore, the Department, upon approving the plans will set a time within which the treatment works shall be constructed and placed in operation or will notify the party to be prepared to construct the plant upon notice from the Department, depending upon the status of the Department’s program of construction for the basin in which the receiving stream lies as specified in § 91.15 (relating to basin-wide compliance).

(b) In some cases, time may be required within which to prepare plans and construct treatment works by a party responsible for stream pollution before abatement can be consummated. The Department, upon application by the party and when in its judgment the public interest warrants, may grant a limited extension of time during which the discharge of waste shall be permitted, if the party responsible therefor continues work on corrective measures.

The provisions of this § 91.14 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.14 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (225896) to (225897).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.15 Basin-wide compliance.

(a) In general, the Department will require sources of pollutants in a basin, watershed or surface waters as defined in Chapter 93 (relating to water quality standards) to concurrently comply with the water quality standards and protection levels in Chapters 16, 93 and 95 (relating to water quality toxics management strategy—statement of policy; water quality standards; and wastewater treatment requirements).

(b) Notwithstanding subsection (a), if certain sources of pollutants especially affect the public interests, the Department may act to require the abatement of the sources of pollution individually in the general order of degree of adverse effect upon the public interest.

(c) It is the policy of the Department to require concurrent similar action by all parties in the same category with respect to stream pollution.

(d) Each case of pollution will be considered by itself, without reference to other alleged or actual polluters.

The provisions of this § 91.15 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.15 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225897).

This section cited in 25 Pa. Code § 91.14 (relating to time for constructing treatment works).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.16 Notification of actions.

(a) The Department will determine the time and manner in which notification of its actions or hearings under the act will be made. If appropriate, (as where an action or hearing affects the general public), such notification may be published in the Pennsylvania Bulletin and publication therein shall constitute notice to interested persons except the permittee or respondent directly affected by the action or hearing.

(b) Normally, a person interested but not directly affected by the action or hearing is not entitled to a formal hearing or to participate in a formal hearing but will be given an opportunity to present his objections and views to the Department before its action becomes final.

The provisions of this § 91.16 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

This section cited in 25 Pa. Code § 91.27 (relating to general water quality management permit).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.21 Applications for permits.

(a) Applications for approval of projects by the Department shall be made upon the appropriate form, which will be supplied upon request without charge.

(b) Applications shall be in triplicate, one copy of which shall be attested by a notary public, justice of the peace, alderman or district justice. The Department may require additional copies of applications to be filed.

(c) Applications and their accompanying papers shall be submitted to the Department’s regional office covering the area where the project will be located.

(d) To qualify for coverage under a general water quality management permit under this chapter, an administratively complete NOI shall be submitted to and approved by the Department in accordance with § 91.27 (relating to general water quality management permit).

The provisions of this § 91.21 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.21 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225898).

This section cited in 25 Pa. Code § 91.27 (relating to general water quality management permit).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.22 Fees.

(a) Applications for new individual water quality management permits, reissuance of individual water quality management permits and requests for permit amendments and transfers shall be accompanied by a fee payable to ‘‘Commonwealth of Pennsylvania’’ in the amounts specified as follows.

(b) NOI fees for coverage under a general water quality management permit, including fees for amendments to and transfers of general permit coverage, shall be made payable to the ‘‘Commonwealth of Pennsylvania.’’ The fees for a general permit in § 91.27(b)(1) (relating to general water quality management permit) will be established in the general permit. NOI fees may not exceed the individual permit application fees in subsection (a) for the equivalent category and application type.

(c) The Department will review the adequacy of the fees established in this section every 3 years and provide a written report to the EQB. The report will identify disparities between the amount of program income generated by the fees and the costs to administer the program, and contain recommendations to increase fees to eliminate any disparities, including recommendations for regulatory amendments to increase program fees.

(d) Any Federal or Commonwealth agency or independent Commonwealth commission that provides funding to the Department for the implementation of the WQM program through terms and conditions of a mutual agreement and any municipality that is currently designated as a financially distressed municipality by the Department of Community and Economic Development under the Municipalities Financial Recovery Act (53 P.S. § § 11701.101—11701.712) may be exempt from the fees in this section.

The provisions of this § 91.22 amended under sections 5 and 6 of The Clean Streams Law (35 P.S. § § 691.5 and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 91.22 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended November 7, 1980, effective November 8, 1980, 10 Pa.B. 4294; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial page (336591).

This section cited in 25 Pa. Code § 91.27 (relating to general water quality management permit); and 25 Pa. Code § 92.22 (relating to application fees).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.23 Plans, reports and specifications.

(a) An engineer’s report as well as plans and specifications shall accompany the applications, clearly showing what is proposed and permitting the bases of design to be thoroughly understood and checked.

(b) Plans, reports and specifications shall be prepared by a licensed professional engineer authorized to practice in this Commonwealth.

(c) The front cover or flyleaf of each set of drawings and each copy of the report and specifications shall bear the imprint of the engineer’s seal.

(d) Drawings submitted shall bear imprint or legible facsimile of the engineer’s seal.

(e) Reports, drawings and specifications for strip mines or for minor work not involving safety to life or health may be submitted, as provided by law, by a registered surveyor and shall bear the imprint or facsimile of his seal.

The provisions of this § 91.23 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

The failure to use a registered professional engineer with regard to requirements pertaining to plans and specifications under The Clean Streams Law (35 P. S. § § 691.1—691.1001) was not fatally defective to the landowner’s sewage disposal plan, and use of a soil scientist was sufficient. Haycock Township v. Department of Environmental Resources, 530 A.2d 514 (Pa. Cmwlth. 1987); appeal denied 544 A.2d 1343 (Pa. 1988).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.24 Basis of design.

Plans shall provide ample capacities for present needs and for a reasonable time in the future. Conservative and accepted factors of design shall be used.

The provisions of this § 91.24 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.25 Experimental projects.

If the suitability of a proposed device or method of treatment has not been demonstrated by actual field use in this Commonwealth or another state with similar climatic conditions, only conditional approval will be given to it until the effectiveness of the device or treatment has been demonstrated to the satisfaction of the Department by ample field experience.

The provisions of this § 91.25 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.25 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (225899).

Experimental

Issuance of an unconditional permit is proper if there is uncontradicted expert testimony that the feature in question was not experimental in nature. Concerned Citizens for Orderly Progress v. Department of Environmental Resources, 387 A.2d 989 (Pa. 1978).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.26 Withholding permit for noncompliance.

(a) When considering applications coming before it, the Department will take notice of the failure of the applicant to comply with any of its prior requirements or orders respecting sewerage or industrial waste disposal and will consider the application favorably only if, in its opinion, there are sufficient extenuating reasons for the failure or if the public interest as affected by the proposed project warrants favorable action, in which case the Department will include suitable conditions respecting compliance with its unfulfilled requirements in any permit which it may authorize.

(b) The Department will not consider an application or issue a permit to an applicant who has conducted or is conducting a mining operation which is in violation of the act, rules and regulations of the Department, or permit conditions unless and until the violation is abated or corrected to the satisfaction of the Department.

The provisions of this § 91.26 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.27 General water quality management permit.

(a) Coverage and purpose. The Department may issue a general water quality management permit, in lieu of issuing individual water quality management permits, for a specific category of wastewater treatment facilities if the wastewater treatment facilities meet the following:

(1) Involve the same, or substantially similar, type of operations.

(2) Treat the same types of wastes.

(3) Require the same operating conditions.

(4) Are, in the judgment of the Department, more appropriately managed under a general permit than under individual permits.

(b) Administration of general permits.

(1) Proposed general permits and amendments. The Department will publish a notice in the Pennsylvania Bulletin of its intent to issue or amend a general permit, including the text of the proposed general permit or amendment, proposed review fees and an opportunity for interested persons to provide written comments on the proposed general permit or amendment in accordance with § 91.16 (relating to notification of actions).

(2) Issuance of general permits. General permits, subsequently issued, will be published in the Pennsylvania Bulletin and include the effective date of the general permit and review fees.

(3) Effective date of a general permit. The Department will specify in the general permit that an applicant who has submitted a timely and complete notice of intent for coverage is authorized to construct, erect and locate a wastewater treatment facility or discharge to groundwaters of this Commonwealth, in accordance with the terms and conditions of the general permit. Coverage under the general permit shall become effective:

(i) After a waiting period following receipt of the notice of intent by the Department as specified in the general permit.

(ii) Upon receipt of notification of coverage by the Department.

(4) Notice of intent for coverage under a general permit. A person who desires to have a wastewater treatment facility covered under a general permit shall submit a notice of intent to the Department in accordance with § § 91.21 and 91.22 (relating to applications for permits; and fees) and the written instructions of the notice of intent. The Department will review the information provided in the notice of intent for completeness or to determine if the wastewater treatment facility qualifies under the provisions of the general permit except as provided in subsection (c)(1), (2) or (5).

(c) Denial of coverage. The Department may deny coverage under the general permit when one or more of the following conditions exist:

(1) The NOI is not complete or timely.

(2) The applicant has not obtained permits required by Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) when required.

(3) The applicant is not, or will not be, in compliance with one or more of the conditions of the general permit.

(4) The applicant has failed and continues to fail to comply or has shown a lack of ability or intention to comply with a prior permit issued by the Department.

(5) The treatment facility proposed for coverage under the general permit is not capable of treating wastewater to a degree which will result in compliance with applicable effluent limitations and water quality standards as described in Chapter 93 (relating to water quality standards).

(6) The Department determines that the action is necessary to ensure compliance with the Federal Act, the act or this title.

(d) Requiring an individual permit. The Department may revoke, or suspend coverage under a general water quality management permit, and require that an individual water quality management permit be obtained when the permittee has violated one or more of the conditions of the general permit or has violated a provision of this title. Upon notification by the Department that an individual water quality management permit is required for the facility, the owner shall submit a complete water quality management permit application, in conformance with this chapter, within 90 days of receipt of the notification, unless the owner is already in possession of a valid individual water quality management permit for the applicable functions. Failure to submit the application within 90 days shall result in automatic termination of coverage under the general permit. Timely submission of a complete application shall result in continuation of coverage of the applicable facilities under the general permit, when the facility demonstrates that it has undertaken efforts to address the reasons for the revocation or suspension of coverage, until the Department takes final action on the pending individual permit application.

(e) Termination of coverage under a general permit. When an individual water quality management permit is issued for a facility which is covered under a general water quality management permit, the applicability of the general permit to that facility is automatically terminated on the effective date of the individual permit.

The provisions of this § 91.27 issued under section 5 of The Clean Streams Law (35 P.S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under sections 5(b)(1) and 6 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 91.27 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (271947) to (271949).

This section cited in 25 Pa. Code § 91.21 (relating to applications for permits); and 25 Pa. Code § 91.22 (relating to fees).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.31 Wells other than oil and gas.

(a) Each well-drilling operation shall have a sump or other receptacle large enough to receive all drill cuttings, sand bailings, water having a turbidity in excess of 1,000 nephelometric turbidity units (NTU) or other pollutant resulting from the well drilling operations.

(b) Surface water shall be excluded from the sump or receptacle by means of diversion ditches on the uphill sides, or by other appropriate measures.

(c) After completion of the well, the sump or receptacle shall be covered over or otherwise protected or the contents of the receptacle disposed of, so that the contents will not be washed into the waters of this Commonwealth.

(d) Waste oil, coal, spent materials or other pollutants shall be disposed of so that they will not be washed into the waters of this Commonwealth.

The provisions of this § 91.31 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.31 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended October 29, 1971, effective December 1, 1971, 1 Pa.B. 2035; amended September 29, 1973, effective September 30, 1973, 3 Pa.B. 2177; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial pages (225900) and (239685).

An agency decision denying a sewage permit to a private landowner may not be upheld where a municipality and not the landowner has the burden of persuading the Department that sewage disposal on the property is in conformity with the provisions of this section. Failure of the municipality to act would be confiscatory and tantamount to a taking of the landowner’s private property without due process of law. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).

When a property owner can be effectively denied the right to use his property until such time as the municipality has satisfied the Department that sewage disposal on the property is in conformity with a comprehensive program of water quality management, there is an unreasonable restriction on the use of private land and a confiscation of property without due process. Department of Environmental Resources v. Trautner, 338 A.2d 718 (Pa. Cmwlth. 1975).

By negotiating a contract with a township authority for use of the borough’s sewage treatment facilities which provided for a set rate and no future increases except for the cost of upgrading treatment facilities, including those necessary for compliance with the Clean Streams Law and the regulations promulgated thereunder, the borough waived any right to increase its basic fee except for the costs of upgrading treatment facilities. Tamaqua Borough v. Rush Township Sewer Authority, 482 A.2d 1167 (Pa. Cmwlth. 1984).

This section cited in 25 Pa. Code § 83.102 (relating to definitions).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.33 Incidents causing or threatening pollution.

(a) If, because of an accident or other activity or incident, a toxic substance or another substance which would endanger downstream users of the waters of this Commonwealth, would otherwise result in pollution or create a danger of pollution of the waters, or would damage property, is discharged into these waters—including sewers, drains, ditches or other channels of conveyance into the waters—or is placed so that it might discharge, flow, be washed or fall into them, it is the responsibility of the person at the time in charge of the substance or owning or in possession of the premises, facility, vehicle or vessel from or on which the substance is discharged or placed to immediately notify the Department by telephone of the location and nature of the danger and, if reasonably possible to do so, to notify known downstream users of the waters.

(b) In addition to the notices in subsection (a), a person shall immediately take or cause to be taken steps necessary to prevent injury to property and downstream users of the waters from pollution or a danger of pollution and, in addition thereto, within 15 days from the incident, shall remove from the ground and from the affected waters of this Commonwealth to the extent required by this title the residual substances contained thereon or therein.

(c) Compliance with this section does not affect the civil or criminal liability to which the person or municipality may be subject as a result of an activity or incident under the act, 30 Pa.C.S. (relating to the Fish and Boat Code) or another statute, ordinance or regulation.

The provisions of this § 91.33 amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.33 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804; amended November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended January 28, 2000, effective January 29, 2000, 30 Pa.B. 521. Immediately preceding text appears at serial page (239686).

This section cited in 25 Pa. Code § 78.66 (relating to reporting releases); 25 Pa. Code § 78a.66 (relating to reporting and remediating spills and releases); 25 Pa. Code § 83.312 (relating to site specific emergency response plans); 25 Pa. Code § 83.351 (relating to minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities); and 25 Pa. Code § 92a.41 (relating to conditions applicable to all permits).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.34 Activities utilizing pollutants.

(a) Persons engaged in an activity which includes the impoundment, production, processing, transportation, storage, use, application or disposal of pollutants shall take necessary measures to prevent the substances from directly or indirectly reaching waters of this Commonwealth, through accident, carelessness, maliciousness, hazards of weather or from another cause.

(b) The Department may require a person to submit a report or plan for activities described in subsection (a). Upon notice from the Department and within the time specified in the notice, the person shall submit to the Department the report or plan setting forth the nature of the activity and the nature of the preventative measures taken to comply with subsection (a). The Department will encourage the use of pollution prevention measures that minimize or eliminate the generation of the pollutant over measures which involve pollutant handling or treatment. The Department will encourage consideration of the following pollution prevention measures, in descending order of preference, for environmental management of wastes: reuse, recycling, treatment and disposal.

The provisions of this § 91.34 issued under section 5 of The Clean Streams Law (35 P.S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 91.34 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

This section cited in 25 Pa. Code § 78.55 (relating to control and disposal planning); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); and 25 Pa. Code § 95.2 (relating to effluent standards for industrial wastes).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.35 Wastewater impoundments.

(a) Except as otherwise provided under subsections (c) and (d), a person may not operate, maintain or use or permit the operation, maintenance or use of a wastewater impoundment for the production, processing, storage, treatment or disposal of pollutants unless the wastewater impoundment is structurally sound, impermeable, protected from unauthorized acts of third parties, and is maintained so that a freeboard of at least 2 feet remains at all times. The person owning, operating or possessing a wastewater impoundment has the burden of satisfying the Department that the wastewater impoundment complies with these requirements.

(b) A person owning, operating or in possession of an existing wastewater impoundment containing pollutants, or intending to construct or use a wastewater impoundment, shall promptly submit to the Department a report or plan setting forth the location, size, construction and contents of the wastewater impoundment and other information as the Department may require.

(c) Except when a wastewater impoundment is already approved under an existing permit from the Department, a permit from the Department is required approving the location, construction, use, operation and maintenance of a wastewater impoundment subject to subsection (a) in the following cases:

(1) If a variance is requested from the requirements in subsection (a).

(2) If the capacity of one wastewater impoundment or of two or more interconnected wastewater impoundments exceeds 250,000 gallons.

(3) If the total capacity of polluting substances contained in wastewater impoundments on one tract or related tracts of land exceeds 500,000 gallons.

(4) If the Department determines that a permit is necessary for effective regulation to insure that pollution will not result from the use, operation or maintenance of the wastewater impoundment.

(d) This section does not apply to:

(1) Manure storage facilities at agricultural operations, which are governed by § 91.36 (relating to pollution control and prevention at agricultural operations).

(2) Residual waste processing, disposal, treatment, collection, storage or transportation.

The provisions of this § 91.35 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 91.35 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5796. Immediately preceding text appears at serial pages (276355) to (276356).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.36 Pollution control and prevention at agricultural operations.

(a) Animal manure storage facilities.

(1) Except when more stringent requirements are contained in paragraphs (2)—(5), a manure storage facility shall be designed, constructed, operated and maintained in accordance with current engineering and agronomic practices to ensure that the facility is structurally sound, water-tight, and located and sized properly, to prevent pollution of surface water and groundwater, including design to prevent discharges to surface waters during a storm up to and including a 25-year/24-hour storm.

(i) The Manure Management Manual and the Pennsylvania Technical Guide contain current engineering and agronomic practices which can be used to comply with the requirements in paragraph (1).

(ii) If the criteria in the Manure Management Manual and the Pennsylvania Technical Guide are not followed, the owner or operator shall obtain a water quality management permit or other approval from the Department for the manure storage facility.

(2) For liquid or semisolid manure storage facilities constructed after January 29, 2000, the owner or operator shall obtain a water quality management permit from the Department for the manure storage facility unless the design and construction of the facility are certified to meet the ‘‘Manure Management Manual’’ and ‘‘Pennsylvania Technical Guide’’ by a registered professional engineer. The owner or operator shall retain a copy of the certification at the operation and provide a copy to the Department upon request.

(3) In the case of a new or expanded liquid or semisolid manure storage facility located at an animal operation with over 1,000 AEUs for the first time after January 29, 2000, a water quality management permit is required.

(4) For a new or expanded liquid or semisolid manure storage facility after October 22, 2005:

(i) Where the manure storage capacity is between 1 million and 2.5 million gallons, a water quality management permit is required for any manure storage facility that is a pond and one of the following applies:

(A) The nearest downgradient stream is classified as a High Quality or Exceptional Value water under Chapter 93 (relating to water quality standards).

(B) The nearest downgradient stream has been determined by the Department to be impaired from nutrients from agricultural activities.

(ii) Where the manure storage capacity is 2.5 million gallons or more, a water quality management permit is required.

(5) For new or expanded CAFOs that commenced operations after April 13, 2003, and that include swine, poultry or veal calves, the CAFO shall prevent discharges to surface waters during a storm event up to and including a 100-year/24-hour storm from manure storage facilities that contain manure from those swine, poultry or veal calves.

(6) For a liquid or semisolid manure storage facility, the following minimum freeboard requirements apply and shall be maintained:

(i) For an agricultural operation with over 1,000 AEUs that was a new or expanded operation after January 29, 2000, a minimum 24-inch freeboard, except for enclosed facilities that are not exposed to rainfall, which must have a minimum freeboard of 6 inches.

(ii) For all other facilities, a minimum 12-inch freeboard for manure storage facilities that are ponds, and a minimum 6-inch freeboard for all other manure storage facilities.

(7) The requirements in this section are in addition to and do not replace any more stringent requirements in Chapter 83, Subchapter D (relating to nutrient management).

(b) Land application of animal manure and agricultural process wastewater; setbacks and buffers.

(1) The land application of animal manures and agricultural process wastewater requires a permit or approval from the Department unless the operator can demonstrate that the land application meets one of the following:

(i) The land application follows current standards for development and implementation of a plan to manage nutrients for water quality protection, including soil and manure testing and calculation of proper levels and methods of nitrogen and phosphorus application. The Manure Management Manual contains current standards for development and implementation of a plan to manage nutrients for water quality protection which can be used to comply with the requirements in paragraph (1).

(ii) For CAOs, the land application is in accordance with an approved nutrient management plan under Chapter 83, Subchapter D.

(iii) For CAFOs, the land application is in accordance with a CAFO permit as described in § 92a.29 (relating to CAFOs).

(2) Unless more stringent requirements are established by statute or regulation, the following agricultural operations may not mechanically land apply manure within 100 feet of surface water, unless a vegetated buffer of at least 35 feet in width is used, to prevent manure runoff into surface water:

(i) A CAO.

(ii) An agricultural operation receiving manure from a CAO directly, or indirectly through a broker or other person.

(iii) An agricultural operation receiving manure from a CAFO directly, or indirectly through a broker or other person.

(3) CAFOs shall meet the setback requirements in § 92a.29(e)(1)(i).

(4) For purposes of paragraph (2) only, ‘‘surface water’’ means a perennial or intermittent stream with a defined bed and bank, a lake or a pond.

(c) Discharge of pollutants.

(1) It is unlawful for agricultural operations to discharge pollutants to waters of this Commonwealth except as allowed by regulations or a permit administered by the Department. The Department is authorized to take an enforcement action against any agricultural operation in violation of this requirement.

(2) An operation that has a discharge that is not authorized under the act and that meets the definition of either a medium or small CAFO under 40 CFR 122.23 (relating to concentrated animal feeding operations (applicable to State NPDES programs, see 123.25)) is considered to have an illegal discharge and is subject to enforcement action under the act.

(3) When an agricultural operation is found to be in violation of the act, the Department may require the agricultural operation to develop and implement a nutrient management plan under Chapter 83, Subchapter D, for abatement or prevention of the pollution.

The provisions of this § 91.36 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under sections 5(b)(1) and 6 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 1920-A).

The provisions of this § 91.36 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5796. Section 91.36(b)(2)(i) and (ii) shall remain in effect until the effective date of regulations promulgated by the State Conservation Commission that establish requirements which provide, at a minimum, the same setback and buffer requirements for concentrated animal operations, and for agricultural operations that import manure from those operations, established in § 91.36(b)(2). The Department will publish notice in the Pennsylvania Bulletin if those regulations are promulgated. Nothing in this order is intended to affect the duty of any agricultural operation to comply with The Clean Streams Law or any other provision of Chapters 91 and 92; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial pages (384076), (315441) to (315442) and (352599).

This section cited in 25 Pa. Code § 83.201 (relating to definitions); 25 Pa. Code § 83.311 (relating to manure management); and 25 Pa. Code § 83.351 (relating to minimum standards for the design, construction, location, operation, maintenance and removal from service of manure storage facilities); 25 Pa. Code § 91.1 (relating to definitions); 25 Pa. Code § 91.35 (relating to wastewater impoundments); 25 Pa. Code § 92a.29 (relating to CAFO); 25 Pa. Code § 92a.49 (relating to CAFO); and 25 Pa. Code § 96.8 (relating to use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.37 Private projects.

(a) The Department will not approve applications for sewerage permits for private sewerage projects to be located within the built-up parts of cities, boroughs and first and second-class townships unless the applicant can demonstrate a compelling public need for the project.

(b) Issuance of the sewerage permits will be limited to private sewerage projects located in the rural parts of first and second class townships, and for which areas there appears to be no present necessity for public sewerage.

The provisions of this § 91.37 issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.37 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.38 Algicides, herbicides and fish control chemicals.

Except when the use of an algicide, herbicide or fish control chemical would be in violation of a specific order or permit, the use is authorized only in the following instances:

(1) Copper sulfate required to control algae in a source of public water supply when the use is under and in accordance with approval given by the Department.

(2) Chemicals required to control aquatic plants in surface waters and chemicals required for the management of fish populations where the use is under and in accordance with joint approval given by the Department and the Fish and Boat Commission.

The provisions of this § 91.38 issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.38 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.41 Consultants.

(a) The selection of professional services upon a purely competitive bid basis is not in accordance with good practice and may not result in the best quality of service to a municipality which selects its engineers on that basis. The Department, therefore, recommends that careful consideration be given to the professional attainments of the proposed consultants.

(b) The Commonwealth, through the granting of financial aid to municipalities for sewage treatment works, has a direct interest in the validity of contracts entered into with engineers by municipalities. The Department therefore, requires that contracts for engineering services for the preparation of the plans comply with the following:

(1) Be covered by the proper legal steps so as to insure that the services may be properly paid for after having been rendered.

(2) Explicitly provide for the services to be rendered.

(3) Grant to the municipality the right to receive the reports, plans and specifications and later to construct the treatment works from those plans.

The provisions of this § 91.41 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.42 Analyses of wastes.

In analyzing sewage, industrial wastes and other substances to determine whether their characteristics meet the requirements of this article, the methods and procedures described in the current edition of Standard Methods for the Examination of Water and Wastewater, Public Health Association, Inc, shall be used.

The provisions of this § 91.42 adopted September 2, 1971, effective September 3, 1971, 1 Pa.B. 1804.

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.51 Potential pollution resulting from underground disposal.

(a) The Department will, except as otherwise provided in this section, consider the disposal of wastes, including stormwater runoff, into the underground as potential pollution, unless the disposal is close enough to the surface so that the wastes will be absorbed in the soil mantle and be acted upon by the bacteria naturally present in the mantle before reaching the underground or surface waters.

(b) The following underground discharges are prohibited:

(1) Discharge of inadequately treated wastes, except coal fines, into the underground workings of active or abandoned mines.

(2) Discharge of wastes into abandoned wells.

(3) Disposal of wastes into underground horizons unless the disposal is for an abatement of pollution and the applicant can show by the log of the strata penetrated and by the stratigraphic structure of the region that it is improbable that the disposal would be prejudicial to the public interest and is acceptable to the Department. Acceptances by the Department do not relieve the applicant of responsibility for any pollution of the waters of this Commonwealth which might occur. If pollution occurs, the disposal operations shall be stopped immediately.

(c) New wells constructed for waste disposal shall be subject to this section.

The provisions of this § 91.51 issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 91.51 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521.

This section cited in 25 Pa. Code § 91.52 (relating to procedural requirements for underground disposal).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 91.52 Procedural requirements for underground disposal.

A permit issued under § 91.51 (relating to potential pollution resulting from underground disposal) shall be issued in accordance with the requirements of Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) when applicable.

The provisions of this § 91.52 issued under section 5 of The Clean Streams Law (35 P.S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under sections 5(b)(1) and 6 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.6); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 1920-A).

The provisions of this § 91.52 adopted January 28, 2000, effective January 29, 2000, 30 Pa.B. 521; amended August 27, 2021, effective August 28, 2021, 51 Pa.B. 5361. Immediately preceding text appears at serial page (315445).

History

• Authority: The provisions of this Chapter 91 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 91 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

Chapter 93 Water Quality Standards

25 Pa. Code § 93.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: BMP—Best management practices—

(i) Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollution to surface waters of this Commonwealth.

(ii) The term includes:

(A) Treatment requirements.

(B) Operating procedures.

(C) Practices to control plant site runoff, spillage, or leaks, sludge or waste disposal, or drainage from raw material storage. Carcinogen—A substance that causes an increased incidence in benign or malignant neoplasms, or a substantial decrease in the latency period between exposure and the onset of neoplasms in man or other species as evidenced by toxicological or epidemiololgical studies, or both. Class A wild trout water—A surface water classified by the Fish and Boat Commission, based on species-specific biomass standards, which supports a population of naturally produced trout of sufficient size and abundance to support a long-term and rewarding sport fishery. Clean Streams Law—The Clean Streams Law (35 P.S. § § 691.1—691.1001). Clean Water Act—The Federal Water Pollution Control Act (33 U.S.C.A. § § 1251—1376). Conventional treatment—For the purpose of surface water protection of the Potable Water Supply (PWS) use, coagulation, followed by filtration for the removal of solids, and disinfection for the control of pathogens to produce water for drinking and other human consumption. Coordinated water quality protective measures—

(i) Legally binding sound land use water quality protective measures coupled with an interest in real estate which expressly provide long-term water quality protection of a watershed corridor.

(ii) Sound land use water quality protective measures include: surface or groundwater source protection zones, enhanced stormwater management measures, wetland protection zones or other measures which provide extraordinary water quality protection.

(iii) Real estate interests include:

(A) Fee interests.

(B) Conservation easements.

(C) Government owned riparian parks or natural areas.

(D) Other interests in land which enhance water quality in a watershed corridor area. Daily average—The arithmetic average of the samples collected during a continuous 24-hour period. Designated uses—Those uses specified in § § 93.4(a) and 93.9a—93.9z for each water body or segment whether or not they are being attained. Epilimnion—Warm upper layer of nearly uniform temperature in a stratified body of water, such as a lake or impoundment. Exceptional Value Waters—Surface waters of high quality which satisfy § 93.4b(b) (relating to antidegradation). Existing uses—Those uses actually attained in the water body on or after November 28, 1975, whether or not they are included in the water quality standards. Four-day average—The arithmetic average of the samples collected during a consecutive 4-day period. High Quality Waters—Surface waters having quality which exceeds levels necessary to support propagation of fish, shellfish, and wildlife and recreation in and on the water by satisfying § 93.4b(a). Hypolimnion—The cooler, denser, lower layer in a naturally stratified lake, pond or impoundment. Margin of safety—The combination of uncertainty and modifying factors applied to the results of toxicity tests to compensate for incomplete characterization of the effect on the population to be protected. Monthly average—The arithmetic average on the samples collected during a calendar month. Natural quality—The water quality conditions that exist or that would reasonably be expected to exist in the absence of human related activity. Nonpoint source—A pollution source which is not a point source discharge. Nonthreshold effect—An adverse impact, including carcinogenic effects, for which no exposure greater than zero assures protection to the exposed individual. One-hour average—The arithmetic average of the samples collected during a continuous 1-hour period. Osmotic pressure—The pressure which, when applied to a solution, will just prevent the passage of solvent—usually water—from an area of low solute concentration through a semipermeable membrane to an area of high solute concentration. Outstanding National, State, regional or local resource water—A surface water for which a National or State government agency has adopted water quality protective measures in a resource management plan, or regional or local governments have adopted coordinated water quality protective measures along a watershed corridor. Point source discharge—A pollutant source regulated under the National Pollutant Discharge Elimination System (NPDES) as defined in § 92a.2 (relating to definitions). Priority pollutants—The chemicals identified by the EPA for priority in water pollution control, under section 307(a)(1) of the Clean Water Act (33 U.S.C. § 1317(a)(1)). Risk assessment—The characterization of the potential adverse effects of exposure to environmental hazards. The term includes hazard identification, dose-response assessment, exposure assessment and risk characterization. Risk management—The process of evaluation and selection between alternative regulatory options. Risk management decisions may include consideration of risk assessment, analytical, socio-economic and political factors. Seven-day average—The arithmetic average of the samples collected during a consecutive 7-day period. State game propagation and protection area—An area established by the Game Commission for the propagation and protection of game or wildlife wherein game or wildlife may not be hunted, pursued, disturbed, molested, killed or taken at any time except as authorized by the Game Commission. Surface water of exceptional ecological significance—A surface water which is important, unique or sensitive ecologically, but whose water quality as measured by traditional parameters (for example, chemical, physical or biological) may not be particularly high, or whose character cannot be adequately described by these parameters. These waters include:

(i) Thermal springs.

(ii) Wetlands which are exceptional value wetlands under § 105.17(1) (relating to wetlands). Surface water of exceptional recreational significance—A surface water which provides a water-based, water quality-dependent recreational opportunity (such as fishing for species with limited distribution) because there are only a limited number of naturally occurring areas and waterbodies across the State where the activity is available or feasible. Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds and constructed wetlands used as part of a wastewater treatment process. Threshold effect—An adverse impact that occurs in the exposed individual only after a physiological reserve is depleted. For these effects there exists a dose below which no adverse response will occur. Thirty-day average—The arithmetic average of the samples collected during a consecutive 30-day period. Toxic substance—A chemical or compound in sufficient quantity or concentration which is, or may become, harmful to human, animal or plant life. The term includes, but is not limited to, priority pollutants and those substances which are identified in Tables 5 and 6 (relating to water quality criteria for toxic substances; and Great Lakes aquatic life and human health criteria). WER—Water Effect Ratio—A factor that expresses the difference between the measures of the toxicity of a substance in laboratory water and the toxicity in site water. The WER provides a mechanism to account for that portion of a metal that is toxic under certain physical, chemical or biological conditions. Water quality criteria—Numeric concentrations, levels or surface water conditions that need to be maintained or attained to protect existing and designated uses. Wetlands—Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas. Wilderness trout stream—A surface water designated by the Fish and Boat Commission to protect and promote native trout fisheries and maintain and enhance wilderness aesthetics and ecological requirements necessary for the natural reproduction of trout.

The provisions of this § 93.1 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.1 amended May 30, 1980, effective May 31, 1980, 10 Pa.B. 2157; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6799; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended December 19, 2025, effective December 20, 2025, 55 Pa.B. 8596. Immediately preceding text appears at serial pages (384081) to (384082) and (401835) to (401837).

This section cited in 25 Pa. Code § 250.309 (relating to MSCs for surface water); 25 Pa. Code § 250.406 (relating to relationship to surface water quality requirements); 25 Pa. Code § 290.102 (relating to use as structural fill); 25 Pa. Code § 290.103 (relating to use as a soil substitute or soil additive); 25 Pa. Code § 290.105 (relating to beneficial use at abandoned mine lands); and 25 Pa. Code § 290.404 (relating to areas where coal ash storage is prohibited).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.2 Scope.

(a) This chapter sets forth water quality standards for surface waters of this Commonwealth, including wetlands. These standards are based upon water uses which are to be protected and will be considered by the Department in implementing its authority under The Clean Streams Law and other statutes that authorize protection of surface water quality. Nothing in this chapter shall be construed to diminish or expand the authority of the Department to regulate surface water quality as authorized by statute.

(b) When an interstate or international agency under an interstate compact or international agreement establishes water quality standards regulations applicable to surface waters of this Commonwealth, including wetlands, more stringent than those in this title, the more stringent standards apply.

The provisions of this § 93.2 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.2 amended through March 8, 1985, effective February 16, 1985, 15 Pa.B. 907; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B.1197. Immediately preceding text appears at serial page (289917).

Application

The pollution to which the chapter refers must affect protected uses of the water. That standard was properly applied by the Environmental Hearing Board. People United To Save Homes v. Department of Environmental Protection, 789 A.2d 319 (Pa. Cmwlth. 2001).

Denial of an application for a mine drainage permit cannot be based solely on the ground that the watershed has been designated a conservation area as defined in this section. Doraville Enterprises v. Commonwealth, 73 Pa. D.&C.2d 635 (1975).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.3 Protected water uses.

Water uses which shall be protected, and upon which the development of water quality criteria shall be based, are set forth, accompanied by their identifying symbols, in Table 1:

The provisions of this § 93.3 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.3 amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 544; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523. Immediately preceding text appears at serial pages (309705) to (309706) and (272017).

This section cited in 25 Pa. Code § 92a.82 (relating to public notice of permit applications and draft permits); 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements); 25 Pa. Code § 245.1 (relating to definitions); and 25 Pa. Code § 287.1 (relating to definitions).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.4 Statewide water uses.

(a) Statewide water uses. Except when otherwise specified in law or regulation, the uses set forth in Table 2 apply to all surface waters. These uses shall be protected in accordance with this chapter, Chapter 96 (relating to water quality standards implementation) and other applicable State and Federal laws and regulations.

(b) Less restrictive uses. Less restrictive uses than those currently designated for particular waters listed in § § 93.9a—93.9z may be adopted when it is demonstrated that the designated use is more restrictive than the existing use, the use cannot be attained by implementing effluent limits required under sections 301(b) and 306 of the Federal Clean Water Act (33 U.S.C.A. § § 1311(b) and 1316) or implementing cost-effective and reasonable BMPs for nonpoint source control, and one or more of the following conditions exist:

(1) Naturally occurring pollutant concentrations (natural quality) prevent the attainment of the use.

(2) Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating State water conservation requirements to enable uses to be met.

(3) Human caused conditions or sources of pollution prevent the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place.

(4) Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate the modification in a way that would result in the attainment of the use.

(5) Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life uses.

(6) Controls more stringent than those required by sections 301(b) and 306 of the Federal Clean Water Act would result in substantial and widespread economic and social impact.

(c) Redesignation of water. Waters considered for redesignation may not be redesignated to less restrictive uses than the existing uses.

The provisions of this § 93.4 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.4 amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258050) to (258051).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.7 (relating to specific water quality criteria); 25 Pa. Code § 250.309 (relating to MSCs for surface water); and 25 Pa. Code § 250.406 (relating to relationship to surface water quality requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.4a Antidegradation.

(a) Scope. This section applies to surface waters of this Commonwealth.

(b) Existing use protection for surface waters. Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.

(c) Protection for High Quality Waters—The water quality of High Quality Waters shall be maintained and protected, except as provided in § 93.4c(b)(1)(iii) (relating to implementation of antidegradation requirements).

(d) Protection for Exceptional Value Waters—The water quality of Exceptional Value Waters shall be maintained and protected.

The provisions of this § 93.4a issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.4a adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720.

This section cited in 25 Pa. Code § 96.3 (relating to water quality protection requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.4b Qualifying as High Quality or Exceptional Value Waters.

(a) Qualifying as a High Quality Water. A surface water that meets one or more of the following conditions is a High Quality Water.

(1) Chemistry.

(i) The water has long-term water quality, based on at least 1 year of data which exceeds levels necessary to support the propagation of fish, shellfish and wildlife and recreation in and on the water by being better than the water quality criteria in § 93.7, Table 3 (relating to specific water quality criteria) or otherwise authorized by § 93.8a(b) (relating to toxic substances), at least 99% of the time for the following parameters:

(ii) The Department may consider additional chemical and toxicity information, which characterizes or indicates the quality of a water, in making its determination.

(2) Biology. One or more of the following shall exist:

(i) Biological assessment qualifier.

(A) The surface water supports a high quality aquatic community based upon information gathered using peer-reviewed biological assessment procedures that consider physical habitat, benthic macroinvertebrates or fishes based on Rapid Bioassessment Protocols for Use in Streams and Rivers: Benthic Macroinvertebrates and Fish, Plafkin, et al., (EPA/444/4-89-001), as updated and amended. The surface water is compared to a reference stream or watershed, and an integrated benthic macroinvertebrate score of at least 83% shall be attained by the referenced stream or watershed.

(B) The surface water supports a high quality aquatic community based upon information gathered using other widely accepted and published peer-reviewed biological assessment procedures that the Department may approve to determine the condition of the aquatic community of a surface water.

(C) The Department may consider additional biological information which characterizes or indicates the quality of a water in making its determination.

(ii) Class A wild trout stream qualifier. The surface water has been designated a Class A wild trout stream by the Fish and Boat Commission following public notice and comment.

(b) Qualifying as an Exceptional Value Water. A surface water that meets one or more of the following conditions is an Exceptional Value Water:

(1) The water meets the requirements of subsection (a) and one or more of the following:

(i) The water is located in a National wildlife refuge or a State game propagation and protection area.

(ii) The water is located in a designated State park natural area or State forest natural area, National natural landmark, Federal or State wild river, Federal wilderness area or National recreational area.

(iii) The water is an outstanding National, State, regional or local resource water.

(iv) The water is a surface water of exceptional recreational significance.

(v) The water achieves a score of at least 92% (or its equivalent) using the methods and procedures described in subsection (a)(2)(i)(A) or (B).

(vi) The water is designated as a ‘‘wilderness trout stream’’ by the Fish and Boat Commission following public notice and comment.

(2) The water is a surface water of exceptional ecological significance.

The provisions of this § 93.4b issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.4b adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720.

Designation; Protection

Waterways which have been designated as ‘‘High Quality, Cold Water Fishery, Migratory Fishery Waters’’ are entitled to special protection. Leeward Construction Co. v. Department of Environmental Protection, 821 A.2d 145 (Pa. Cmwlth. 2003).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); and 25 Pa. Code § 96.3 (relating to water quality protection requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.4c Implementation of antidegradation requirements.

(a) Existing use protection.

(1) Procedures.

(i) Existing use protection shall be provided when the Department’s evaluation of information (including data gathered at the Department’s own initiative, data contained in a petition to change a designated use submitted to the EQB under § 93.4d(a) (relating to processing of petitions, evaluations and assessments to change a designated use), or data considered in the context of a Department permit or approval action) indicates that a surface water attains or has attained an existing use.

(ii) The Department will inform persons who apply for a Department permit or approval which could impact a surface water, during the permit or approval application or review process, of the results of the evaluation of information undertaken under subparagraph (i).

(iii) Interested persons may provide the Department with additional information during the permit or approval application or review process regarding existing use protection for the surface water.

(iv) The Department will make a final determination of existing use protection for the surface water as part of the final permit or approval action.

(2) Endangered or threatened species. If the Department has confirmed the presence, critical habitat, or critical dependence of endangered or threatened Federal or Pennsylvania species in or on a surface water, the Department will ensure protection of the species and critical habitat.

(b) Protection of High Quality and Exceptional Value Waters.

(1) Point source discharges. The following applies to point source discharges to High Quality or Exceptional Value Waters.

(i) Nondischarge alternatives/use of best technologies.

(A) A person proposing a new, additional or increased discharge to High Quality or Exceptional Value Waters shall evaluate nondischarge alternatives to the proposed discharge and use an alternative that is environmentally sound and cost-effective when compared with the cost of the proposed discharge. If a nondischarge alternative is not environmentally sound and cost-effective, a new, additional or increased discharge shall use the best available combination of cost-effective treatment, land disposal, pollution prevention and wastewater reuse technologies.

(B) A person proposing a new, additional or increased discharge to High Quality or Exceptional Value Waters, who has demonstrated that no environmentally sound and cost-effective nondischarge alternative exists under clause (A), shall demonstrate that the discharge will maintain and protect the existing quality of receiving surface waters, except as provided in subparagraph (iii).

(ii) Public participation requirements for discharges to High Quality or Exceptional Value Waters. The following requirements apply to discharges to High Quality or Exceptional Value Waters, as applicable:

(A) The Department will hold a public hearing on a proposed new, additional or increased discharge to Exceptional Value Waters when requested by an interested person on or before the termination of the public comment period on the discharge.

(B) For new or increased point source discharges, in addition to the public participation requirements in § § 92a.81, 92a.82, 92a.83 and 92a.85, the applicant shall identify the antidegradation classification of the receiving water in the notice of complete application in § 92a.82 (relating to public notice of permit applications and draft permits).

(iii) Social or economic justification (SEJ) in High Quality Waters. The Department may allow a reduction of water quality in a High Quality Water if it finds, after full satisfaction of the intergovernmental coordination and public participation provisions of the Commonwealth’s continuing planning process, that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. A reduction in water quality will not be allowed under this subparagraph unless the discharger demonstrates that the High Quality Water will support applicable existing and designated water uses (other than the high quality and exceptional value uses) in § 93.3, Table 1 (relating to protected water uses).

(2) Nonpoint source control. The Department will assure that cost-effective and reasonable best management practices for nonpoint source control are achieved.

(c) Special provisions for sewage facilities in High Quality or Exceptional Value Waters.

(1) SEJ approval in sewage facilities planning and approval in High Quality Waters. A proponent of a new, additional, or increased sewage discharge in High Quality Waters shall include an SEJ impact analysis as part of the proposed revision or update to the official municipal sewage facilities plan under Chapter 71 (relating to administration of sewage facilities planning program). The Department will make a determination regarding the consistency of the SEJ impact analysis with subsection (b)(1)(iii). The determination will constitute the subsection (b)(1)(iii) analysis at the National Pollutant Discharge Elimination System (NPDES) permit review stage under Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), unless there is a material change in the project or law between sewage facilities planning and NPDES permitting, in which case the proponent shall recommence sewage facilities planning and perform a new social or economic justification impact analysis.

(2) SEJ for sewage facilities in High Quality Waters correcting existing public health or pollution hazards. A sewage facility, for which no environmentally sound and cost-effective nondischarge alternative is available under subsection (b)(1)(i)(A), proposed to discharge into High Quality Waters, which is designed for the purpose of correcting existing public health or pollution hazards documented by the Department, and approved as part of an official plan or official plan revision under § 71.32 (relating to Department responsibility to review and act upon official plans), satisfies the SEJ requirements in subsection (b)(1)(iii).

(3) Public participation requirements for official sewage facilities plans or revisions to official plans in High Quality or Exceptional Value Waters. A proponent of a sewage facility in High Quality or Exceptional Value Waters seeking approval of an official plan or revision shall comply with the public participation requirements in § 71.53(d)(6) (relating to municipal administration of new land development planning requirements for revisions).

The provisions of this § 93.4c issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.4c adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; corrected July 30, 1999, effective July 16, 1999, 29 Pa.B. 4063; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080. Immediately preceding text appears at serial pages (343945) to (343946) and (352675) to (352676).

This section cited in 25 Pa. Code § 92a.48 (relating to industrial waste permit); 25 Pa. Code § 92.61 (relating to public notice of permit application and public hearing); 25 Pa. Code § 93.4a (relating to antidegradation); 25 Pa. Code § 96.3 (relating to water quality protection requirements); 25 Pa. Code § 102.4 (relating to erosion and sediment control requirements); and 25 Pa. Code § 102.8 (relating to PCSM requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.4d Processing of petitions, evaluations and assessments to change a designated use.

(a) Public notice of receipt of petition, or assessment of waters, for High Quality or Exceptional Value Waters redesignation. The Department will publish in the Pennsylvania Bulletin and by other means designed to effectively reach a wide audience notice of receipt of a complete petition which has been accepted by the EQB recommending a High Quality or Exceptional Value Waters redesignation, or notice of the Department’s intent to assess surface waters for potential redesignation as High Quality or Exceptional Value Waters. The assessments may be undertaken in response to a petition or on the Department’s own initiative. The notice will request submission of information concerning the water quality of the waters subject to the evaluation, or to be assessed, for use by the Department to supplement any studies which have been performed. The Department will send a copy of the notice to all municipalities containing waters subject to the petition or assessment.

(b) Combined public meeting and fact-finding hearing. As part of its review of an evaluation or performance of an assessment, the Department may hold a combined public meeting and fact finding hearing to discuss the evaluation or assessment, including the methodology for the evaluation or assessment, and may solicit information, including technical data, to be considered in the Department’s evaluation or assessment.

(c) Submission to EQB to alter designated use. Upon the completion of its assessment or review of a complete evaluation, and the satisfaction of the other applicable requirements of this section, the Department will submit the results of its assessment or review to the EQB for proposed rulemaking following review and comment by the petitioner, if applicable, in accordance with Chapter 23 (relating to Environmental Quality Board policy for processing petitions—statement of policy).

The provisions of this § 93.4d issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.4d adopted July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080. Immediately preceding text appears at serial pages (352676) and (343949).

This section cited in 25 Pa. Code § 92.61 (relating to public notice of permit application and public hearing); 25 Pa. Code § 93.4c (relating to implementation of antidegradation requirements); and 25 Pa. Code § 96.3 (relating to water quality protection requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.6 General water quality criteria.

(a) Water may not contain substances attributable to point or nonpoint source discharges in concentration or amounts sufficient to be inimical or harmful to the water uses to be protected or to human, animal, plant or aquatic life.

(b) In addition to other substances listed within or addressed by this chapter, specific substances to be controlled include, but are not limited to, floating materials, oil, grease, scum and substances that produce color, tastes, odors, turbidity or settle to form deposits.

The provisions of this § 93.6 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.6 amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197. Immediately preceding text appears at serial page (272025).

Denial of an application for a mine drainage permit cannot be based solely on the ground that the watershed has been designated a conservation area, but must be reviewed on the basis of whether its proposed operation would discharge an effluent which would result in the degradation of the water quality of a stream in terms of its protected uses designated under this section. Doraville Enterprises v. Commonwealth, 73 Pa. D. & C.2d 635, 645, 646 (1975)

The water quality criteria do not preclude the allowance of a reasonable mixing zone if there is no significant effect on the ambient temperature of the stream outside the mixing zone. Bartram v. Parrish, 74 Pa. D. & C.2d 627, 649 (1974).

This section cited in 25 Pa. Code § 71.64 (relating to small flow treatment facilities); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 96.3 (relating to water quality protection requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.7 Specific water quality criteria.

(a) Table 3 displays specific water quality criteria and associated critical uses. The criteria associated with the Statewide water uses listed in § 93.4, Table 2 apply to all surface waters, unless a specific exception is indicated in § § 93.9a—93.9z. These exceptions will be indicated on a stream-by-stream or segment-by-segment basis by the words ‘‘Add’’ or ‘‘Delete’’ followed by the appropriate symbols described elsewhere in this chapter. Other specific water quality criteria apply to surface waters as specified in § § 93.9a—93.9z. All applicable criteria shall be applied in accordance with this chapter, Chapter 96 (relating to water quality standards implementation) and other applicable State and Federal laws and regulations.

• Critical Use: The designated or existing use the criteria are designed to protect. More stringent site-specific criteria may be developed to protect other more sensitive, intervening uses.

(b) For naturally reproducing salmonids, protected early life stages include embryonic and larval stages and juvenile forms to 30 days after hatching. The DO1 standard for naturally reproducing salmonid early life stages applies October 1 through May 31. The DO1 standard for naturally reproducing salmonid early life stages applies unless it can be demonstrated to the Department’s satisfaction, that the following conditions are documented: 1) the absence of young of the year salmonids measuring less than 150 mm in the surface water; and 2) the absence of multiple age classes of salmonids in the surface water. These conditions only apply to salmonids resulting from natural reproduction occurring in the surface waters. Additional biological information may be considered by the Department which evaluates the presence or absence of early life stages.

(c) The list of specific water quality criteria does not include all possible substances that could cause pollution. For substances not listed, the general criterion that these substances may not be inimical or injurious to the existing or designated water uses applies. The Department will develop a criterion for any substance not listed in Table 3 that is determined to be inimical or injurious to existing or designated water uses using the best available scientific information, as determined by the Department.

(d) If the Department determines that natural quality of a surface water segment is of lower quality than the applicable aquatic life criteria in Table 3 or 5, the natural quality shall constitute the aquatic life criteria for that segment. All draft natural quality determinations will be published in the Pennsylvania Bulletin and be subject to a minimum 30-day comment period. The Department will maintain a publicly available list of surface waters and parameters where this subsection applies, and will, from time to time, submit appropriate amendments to § § 93.9a—93.9z.

The provisions of this § 93.7 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.7 amended through March 8, 1985, effective February 16, 1985, 15 Pa.B. 907; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended April 3, 1998, effective November 4, 1995, 28 Pa.B. 1633; amended July 16, 1999, effective July 17, 1999, 29 Pa.B. 3720; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended December 19, 2025, effective December 20, 2025, 55 Pa.B. 8596. Immediately preceding text appears at serial pages (401840) to (401845).

The Department of Environmental Resources is not required to consider the economic consequences to a discharger in establishing water-quality based effluent limitations in a National Pollutant Discharge Elimination System (NPDES) Permit. Mathies Coal Company v. Department of Environmental Resources, 559 A.2d 506 (Pa. 1989).

The water quality standards in 25 Pa. Code § 93.7 are to be considered only as one of the major factors in developing discharge limitations, and neither these standards nor effluent limitations based on them in case-by-case DER determinations require a presumption of validity. Lucas v. Department of Environmental Resources, 420 A.2d 1 (Pa. Cmwlth. 1980).

This section cited in 25 Pa. Code § 93.4b (relating to qualifying as High Quality or Exceptional Value Waters); 25 Pa. Code § 93.8d (relating to development on site-specific water quality criteria); and 25 Pa. Code § 96.3 (relating to water quality protection requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.8a Toxic substances.

(a) The waters of this Commonwealth may not contain toxic substances attributable to point or nonpoint source waste discharges in concentrations or amounts that are inimical to the water uses to be protected.

(b) Water quality criteria for toxic substances shall be established as described under Chapter 16 (relating to water quality toxics management strategy—statement of policy). The Department will develop water quality criteria for toxic substances not listed in Chapter 93, Table 5 in accordance with § 93.8d (relating to development of site-specific water quality criteria) and Chapter 16. The Department will maintain a publicly available online table of site-specific human health and aquatic life criteria that have been recently developed or adopted by the Department based on approved methodologies and the best scientific information currently available. For any analytical procedures or detection limits that are not EPA approved, the approved analytical procedures and detection limits for these substances will also be listed in Chapter 16. Chapter 16, along with changes made to it, is hereby specifically incorporated by reference.

(c) Water quality criteria for toxic substances which exhibit threshold effects will be established by application of margins of safety to the results of toxicity testing to prevent the occurrence of a threshold effect.

(d) Nonthreshold carcinogenic effects of toxic substances, will be controlled to a risk management level of one excess case of cancer in a population of 1 million (1 x 10-6) over a 70-year lifetime. Other nonthreshold effects of toxic substances will be controlled at a risk management level as determined by the Department.

(e) Water quality criteria for toxics shall be applied in accordance with Chapter 96 (relating to water quality standards implementation) and any other applicable State and Federal laws and regulations. For carcinogens, the design conditions shall result in a lifetime—70 years—average exposure corresponding to the risk management level specified in subsection (d).

(f) The Department will consider both the acute and chronic toxic impacts to aquatic life and human health.

(g) The Department may consider synergistic, antagonistic and additive toxic impacts.

(h) The Department will periodically, but at least once every 3 years, review, revise as necessary, and publish new or revised water quality criteria for toxic substances, and revised procedures for criteria development in the Pennsylvania Bulletin.

(i) A person challenging criteria established by the Department under this section shall have the burden of proof to demonstrate that the criteria does not meet the requirements of this section. In addition, a person who proposes an alternative site-specific criterion shall have the burden of proof to demonstrate that the site specific criterion meets the requirements of this section.

(j) The requirements for discharges to and antidegradation requirements for the Great Lakes System are as follows:

(1) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: BAF—Bioaccumulation Factor—The ratio in liters per kilogram of a substance’s concentration in tissues of an aquatic organism to its concentration in the ambient water, when both the organism and its food are exposed and the ratio does not change substantially over time. BCC—Bioaccumulative Chemical of Concern—A chemical that has the potential to cause adverse effects which, upon entering the surface waters, by itself or its toxic transformation product, accumulates in aquatic organisms by a human health BAF greater than 1,000, after considering metabolism and other physiochemical properties that might enhance or inhibit bioaccumulation, under the methodology in 40 CFR Part 132 Appendix B (relating to Great Lakes Water Quality Initiative). Current BCCs are listed in 40 CFR 132.6, Table 6.A (relating to pollutants of initial focus in the Great Lakes Water Quality Initiative). Great Lakes System—The streams, rivers, lakes and other bodies of surface water within the drainage basin of the Great Lakes in this Commonwealth. Open Waters of the Great Lakes—The waters within the Great Lakes in this Commonwealth lakeward from a line drawn across the mouth of the tributaries to the lakes, including the waters enclosed by constructed breakwaters, but not including the connecting channels.

(2) Total Maximum Daily Loads (TMDLs). TMDLs for Open Waters of the Great Lakes shall be derived following the procedures in 40 CFR Part 132, Appendix F, Procedure 3.D (relating to Great Lakes Water Quality Initiative implementation procedures).

(3) Statewide antidegradation requirements in this chapter and Chapter 96 (relating to water quality standards implementation) as applicable, apply to all surface waters of the Great Lakes System.

(4) If, for any BCC, the quality of the surface water exceeds the levels necessary to support the propagation of fish, shellfish and wildlife and recreation in and on the waters, that quality shall be maintained and protected, unless the Department finds that allowing lower water quality is necessary to accommodate important economic or social development in the area in which the surface water is located.

The provisions of this § 93.8a issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.8a adopted March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6799; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6098; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (367546) to (367548).

This section cited in 25 Pa. Code § 16.33 (relating to nonthreshold effects (cancer)); 25 Pa. Code § 93.4b (relating to qualifying as High Quality or Exceptional Value Waters); 25 Pa. Code § 93.8 (relating to development of site-specific water quality criteria for the protection of aquatic life); and 25 Pa. Code § 96.3 (relating to water quality protection requirements).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.8b Metals criteria.

Dissolved criteria are footnoted in Table 5, and have been developed by applying the most current EPA conversion factors to the total recoverable criteria. The EPA factors are listed in the following Conversion Factors Table.

• Conversion factor applies to both acute and chronic criteria.

Source 1—Final Water Quality Guidance for the Great Lakes System (60 FR 15366, March 23, 1995)

Source 2—Establishment of Numeric Criteria for Priority Pollutants; Revision of Metals Criteria—Interim Final Rule (60 FR 22229, May 4, 1995)

The provisions of this § 93.8b amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.8b adopted May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080. Immediately preceding text appears at serial pages (343957) to (343958).

This section cited in 25 Pa. Code § 16.24 (relating to metals criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.8c Human health and aquatic life criteria for toxic substances.

(a) Table 5 (relating to water quality criteria for toxic substances) and the table of site-specific criteria maintained by the Department list the aquatic life and human health criteria for toxic substances which the Department uses in development of effluent limitations in NPDES Permits and for other purposes. The human health criteria, which include probable modes of exposure (such as but not limited to ingestion from drinking water and fish consumption, inhalation and dermal absorption), are further defined as to the specific effect (that is, cancer or threshold health effects). For those aquatic life criteria which are a function of local water quality conditions and are specified as a formula, such as several of the heavy metals, the values used for the local water quality condition to derive the appropriate water quality criteria shall be determined by instream measurements or best estimates based on reference waters that are representative of the median concentrations or conditions of the receiving water for the applicable time period and design conditions. Instream measurements for the water quality condition will be gathered using Department data collection protocols. The priority pollutants are a set of specific chemical pollutants regulated by the EPA. The priority pollutant numbers (PP NO) used by the EPA to identify priority pollutants are included in Table 5 for reference purposes. The toxics without a PP NO are nonpriority pollutants or State-derived criteria.

(b) Some of these criteria may be superseded for the Delaware Estuary, Ohio River Basin, Lake Erie Basin and Genesee River Basin under interstate and international compact agreements with the Delaware River Basin Commission, Ohio River Valley Sanitation Commission and International Joint Commission, respectively. Water quality criteria for the Great Lakes System are contained in § 93.8e (relating to special criteria for the Great Lakes System) and Table 6 (relating to Great Lakes aquatic life and human health criteria). Criteria in Table 5 may apply to the Great Lakes System for those substances not listed in Table 6. Criteria may be developed for the Great Lakes System for substances other than those listed in Tables 5 and 6, under the methodologies in § 16.61 (relating to special provisions for the Great Lakes system).

(c) Unless otherwise specified in this section, the aquatic life criteria in Table 5 have the following duration periods:

(1) One-hour average for criteria maximum concentrations.

(2) Four-day average for criteria continuous concentrations.

1 Indicates a human health criterion based on a cancer potency factor and cancer risk level at 1 x 10-6 (CRL); where no cancer potency factor exists, the human health criterion is based on threshold toxicity data plus additional safety factors.

2 Indicates a human health criterion based on threshold effect (H).

3 Indicates dissolved aquatic life criterion; others are total recoverable. Each listed dissolved criterion in Table 5 is equal to the corresponding total recoverable criterion before rounding (from the EPA National Ambient Water Quality Criteria Documents) multiplied by the conversion factor (from the Conversion Factors Table); a criterion that is expressed as a hardness (H)-based equation is shown in Table 5 as the conversion factor (listed) multiplied by the hardness criterion equation; an example criterion at hardness=100mg/L is included.

4 Indicates duration for aquatic life criteria; CMC = instantaneous; CCC = 24-hour average.

5 Indicates human health criterion is based on the exposure inputs of 2 liters per day of drinking water and consumption of 17.5 grams of fish per day, for protection of a 70 Kg person.

CAS—Chemical Abstract Service number

D—DEP developed criteria

E—EPA developed criteria

ln[H]—Natural Logarithm of the Hardness of stream as mg/l CaCO3

µg/L—Micrograms per liter

N/A—Criterion not developed

PP NO—Priority Pollutant Number

The provisions of this § 93.8c amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.8c adopted May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended December 19, 2025, effective December 20, 2025, 55 Pa.B. 8596. Immediately preceding text appears at serial pages (401849) to (401860) and (424413) to (424414).

This section cited in 25 Pa. Code § 16.24 (relating to metals criteria); 25 Pa. Code § 16.51 (relating to human health and aquatic life criteria); 25 Pa. Code § 16.61 (relating to special provisions for the Great Lakes system); and 25 Pa. Code § 93.8d (relating to development of site-specific water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.8d Development of site-specific water quality criteria.

(a) Criteria development. The Department will consider a request for site-specific criteria, or the Department may develop site-specific criteria on its own initiative, when one or more of the following apply:

(1) There exist site-specific biological or chemical conditions of the waterbody or waterbody segment which differ from conditions upon which the aquatic life water quality criteria were based.

(2) More stringent criteria are needed for a pollutant listed in § 93.7, Table 3 (relating to specific water quality criteria) or § 93.8c, Table 5 (relating to human health and aquatic life criteria for toxic substances) regarding water quality criteria for toxic substances to protect more sensitive, intervening uses.

(3) There exists a need for a site-specific criterion for a pollutant not listed in § 93.7, Table 3 or § 93.8c, Table 5.

(4) There exists a need for a site-specific criterion for a pollutant to address a cause of impairment for a protected water use, as listed in Pennsylvania’s Integrated Water Quality Monitoring and Assessment Report, as amended and updated.

(a.1) Restrictions. Site-specific criteria may not be developed for surface waters with an existing or designated use of High Quality Waters or Exceptional Value Waters.

(b) Demonstration. The applicant’s demonstration for consideration of site-specific criteria, under subsections (a) and (a.1), shall include the following information, at a minimum:

(1) {Reserved}.

(1.1) Identification of the pollutant of concern.

(2) {Reserved}.

(2.1) Identification of the qualifying factor or factors in subsection (a).

(3) Identification of each waterbody or waterbody segment to which the site-specific criteria would apply, including stream name, municipality or municipalities, county or counties and existing and designated uses of each waterbody or waterbody segment.

(4) Scientific studies, data or other information that demonstrate the qualifying factor or factors in subsection (a) are met, which may include the following:

(i) Peer-reviewed, scientific literature related to the pollutant of concern.

(ii) For a demonstration of the qualifying factor in subsection (a)(1):

(A) Department or Federal water quality criteria rationale documents and regulations related to the pollutant of concern.

(B) Water quality and other relevant data collected on each waterbody or waterbody segment which demonstrate that the conditions differ from conditions upon which the existing aquatic life water quality criteria were based.

(iii) For a demonstration of the qualifying factor in subsection (a)(2):

(A) Documentation of more sensitive, intervening water uses for each waterbody or waterbody segment.

(B) Documentation of the presence, critical habitat or critical dependence of Federally-listed or State-listed threatened or endangered species in or on a surface water, if applicable.

(iv) Additional data or information as requested by the Department or that demonstrates the applicable qualifying factor is met.

(5) Information that demonstrates subsection (a.1) is not applicable.

(6) Information that demonstrates a water quality-based effluent limitation based on a water quality criterion found in § 93.7, Table 3 or § 93.8c, Table 5 is not achievable.

(c) Additional information. Based on the results of a demonstration that the request for site-specific criteria satisfies subsections (a), (a.1) and (b), the Department may require the applicant to undertake studies and submit additional information to develop site-specific criteria that includes the following, at a minimum:

(1) Definition of the areal boundaries for application of the site-specific criteria which will include a description of each waterbody or waterbody segment.

(2) Identification of potentially affected National Pollutant Discharge Elimination System (NPDES)-permitted discharges, water withdrawals, total maximum daily loads (TMDL) and surface water assessments.

(3) Peer-reviewed scientific literature or other Department-approved data to be used in the development of the site-specific criterion. If data will be collected, a copy of the proposed plan for data collection shall be submitted for review, consideration and approval by the Department prior to commencement of data collection. Data collection shall be completed in accordance with the Department’s data collection protocols and the following procedures and guidance, as amended and updated: Water Quality Standards Handbook (EPA 1994), ‘‘Guidance on the Determination and Use of Water-Effect Ratios for Metals’’ (February 1994); the ‘‘Methodology for Deriving Ambient Water Quality Criteria for the Protection of Human Health’’ (2000) and the ‘‘Guidelines for Deriving Numerical National Water Quality Criteria for the Protection of Aquatic Organisms and Their Uses’’ (1985). Other guidance approved by the Department, which is based on EPA-approved or scientifically defensible methodologies, may be used. The development of new or updated site-specific criteria for copper in freshwater systems shall be performed using the biotic ligand model (BLM).

(4) Copies of reports, including toxicity test data, signed by the consultant or entity that performed the work. Signed copies shall be submitted to the Department within 60 days of completion of the tests.

(5) Additional data or information as requested by the Department.

(c.1) Department evaluation. If the required data and information is submitted, the Department will evaluate the information and may develop site-specific criteria for each requested waterbody or waterbody segment that protect the existing and designated uses of the surface waters in accordance with the criteria development methodologies outlined in subsection (c)(3), or other EPA-approved guidance and methods.

(c.2) Procedures. The Department will incorporate approved site-specific criteria into this chapter through rulemaking, after satisfying 40 CFR Part 25 and 40 CFR 131.20(b) (relating to public participation in programs under the Resource Conservation and Recovery Act, the Safe Drinking Water Act, and the Clean Water Act; and state review and revision of water quality standards), and maintain a publicly available table of EPA-approved site-specific criteria.

(c.3) EPA criteria approval. Site-specific criteria are not effective for Clean Water Act purposes until approved by the EPA.

(d) {Reserved}.

(e) {Reserved}.

(f) {Reserved}.

(g) {Reserved}.

(h) Burden of proof. A person challenging a Department action under this section shall have the burden of proof to demonstrate that the Department’s action does not meet the requirements of this section.

The provisions of this § 93.8d amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.8d adopted May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended August 8, 2025, effective August 9, 2025, 55 Pa.B. 5658. Immediately preceding text appears at serial pages (401862) to (401864).

This section cited in 25 Pa. Code § 16.24 (relating to metals criteria); 25 Pa. Code § 16.41 (relating to changes and additions); and 25 Pa. Code § 93.8a (relating to toxic substances).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.8e Special criteria for the Great Lakes System.

(a) Special criteria. The special provisions in this section apply for the Great Lakes System, which includes the streams, rivers, lakes and other bodies of surface water within the drainage basin of the Great Lakes in this Commonwealth.

(b) Water quality criteria for the Great Lakes System. Human health and aquatic life criteria for the Great Lakes System are contained in Table 6 (relating to Great Lakes aquatic life and human health criteria). For any pollutant not listed in the table, criteria in Table 5 (relating to water quality criteria for toxic substances) may be used to protect existing and designated uses, or criteria will be developed by the Department, as needed, in accordance with this chapter and § 16.61 (relating to special provisions for the Great Lakes System).

(b.1) Unless a different duration is indicated by the Notes in Table 6, the aquatic life criteria in Table 6 have the following duration periods:

(1) One-hour average for criteria maximum concentrations.

(2) Four-day average for criteria continuous concentrations.

1 Indicates a human health criterion based on a cancer potency factor and cancer risk level at 1 x 10-6 (CRL); where no cancer potency factor exists, the human health criterion is based on threshold toxicity data plus additional safety factors.

2 Indicates a human health criterion based on threshold effect (H).

3 Indicates dissolved aquatic life criterion; others are total recoverable. Each listed dissolved criterion in Table 6 is equal to the corresponding total recoverable criterion before rounding (from the EPA National Ambient Water Quality Criteria Documents) multiplied by the conversion factor (from the Conversion Factors Table); a criterion that is expressed as a hardness (H)-based equation is shown in Table 6 as the conversion factor (listed) multiplied by the hardness criterion equation; an example criterion at hardness=100mg/L is included.

CAS—Chemical Abstract Service number

ln[H]—Natural Logarithm of the Hardness of stream as mg/l CaCO3

µg/L—Micrograms per liter

N/A—Criterion not developed

PP NO—Priority Pollutant Number

(c) Wildlife criteria. Wildlife criteria will be developed for the bioaccumulative chemicals of concern (BCCs) in the Great Lakes System using methodologies contained in the Great Lakes guidance in 40 CFR Part 132, Appendix D (relating to Great Lakes Water Quality Initiative methodology for the development of wildlife criteria). The wildlife criteria are contained in the following table:

The provisions of this § 93.8e amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.8e adopted May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended December 19, 2025, effective December 20, 2025, 55 Pa.B. 8596. Immediately preceding text appears at serial pages (424417) to (424420).

This section cited in 25 Pa. Code § 61.51 (relating to human health and aquatic life criteria); 25 Pa. Code § 16.61 (relating to special provisions for the Great Lakes system); and 25 Pa. Code § 93.8c (relating to human health and aquatic life criteria for toxic substances).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9 Designated water uses and water quality criteria.

(a) The tables in § § 93.9a—93.9z display designated water uses and water quality criteria in addition to the water uses and criteria specified in Tables 2 and 3. Designated uses shall be protected in accordance with Chapters 95 and 96 (relating to wastewater treatment requirements; and water quality standards implementation) and any other applicable State and Federal laws and regulations. The tables also indicate specific exceptions to Tables 2 and 3 on a stream-by-stream or segment-by-segment basis by the words ‘‘Add’’ or ‘‘Delete’’ followed by the appropriate symbols described elsewhere in this chapter. A one-hour average duration period applies to: the Tur1 and Tur2 criteria in § 93.9e (relating to Drainage List E); the dissolved oxygen criterion for the Yellow Breeches in § 93.9o (relating to Drainage List O); and the pH criterion in § 93.9x (relating to Drainage List X). The county column in § § 93.9a—93.9z indicates the county in which the mouth of the stream or the downstream limit of the zone described for that entry is located. Abbreviations used in the ‘‘Stream’’ and the ‘‘Zone’’ columns are as follows:

FAS—Federal Aid Secondary Highway

I—Interstate Highway

LR—Pennsylvania Legislative Route

RM—River Mile; river miles are used to indicate the distance from a point on the waterbody to its mouth and are based on the DEP’s River Mile Index

SR—Pennsylvania State Route

T—Township Road

UNT—Unnamed Tributaries

US—United States Federal Route

(b) When appropriate, ‘‘Exceptions to Specific Criteria’’ provide reference to the Delaware River Basin Commission (DRBC) water quality regulations, Orsanco (Ohio River Valley Water Sanitation Commission) pollution control standards and the Great Lakes Water Quality Agreement (GLWQA) which specify the criteria that apply if a water quality standard is more stringent than those in this title. The applicable criteria can be obtained from the following: Delaware River Basin Commission P. O. Box 7360 West Trenton, New Jersey 08628 (609) 883-9500 Ohio River Valley Water Sanitation Commission 5735 Kellogg Ave. Cincinnati, Ohio 45228 (513) 231-7719 GLWQA: International Joint Commission Great Lakes Regional Office 100 Ouellette Ave., 8th Floor Windsor Ontario, Canada N9A 6T3 (519) 257-6700

(c) With respect to hydrological order, the numbers appearing on the left-hand column of the drainage lists represent stream entries to aid in identifying hydrological order: 1 identifies the most downstream hydrologic order; 2 is triburary to 1; 3 is tributary to 2, and so on.

(d) An overview appears as follows:

The provisions of this § 93.9 amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9 amended through September 4, 1987, effective September 5, 1987, 17 Pa.B. 3602 and 3604; amended September 9, 1988, effective September 10, 1988, 18 Pa.B. 4089; amended November 25, 1988, effective November 26, 1988, 18 Pa.B. 5260; corrected December 9, 1988, effective November 26, 1988, 18 Pa.B. 5260; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 968; corrected March 24, 1989, effective February 25, 1989, 19 Pa.B. 1288; amended May 19, 1989, effective May 20, 1989, 19 Pa.B. 2158; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2645; amended June 28, 1991, effective June 29, 1991, 21 Pa.B. 2885; amended November 29, 1991, effective November 30, 1991, 21 Pa.B. 5511; amended March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended December 19, 2025, effective December 20, 2025, 55 Pa.B. 8596. Immediately preceding text appears at serial pages (343975) to (343976) and (368585) to (368586).

In General

Regulations contemplate that the Department will evaluate the degree to which phosphorus contributes to the impairment designated uses on a case-by-case basis and may impose more stringent limitations where necessary. Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979, 981 (Pa. 1986).

Judicial Review

Petition filed under Commonwealth Court’s original jurisdiction, challenging new regulations which removed specific numeric phosphorus content limits in favor of evaluation by a general model, was premature since petitioner would ‘‘not suffer direct and immediate harm which would render the statutory administrative review, process inadequate.’’ Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979, 981 (Pa. 1986).

Regulations removing specific numeric phosphorus content limits in favor of evaluation by a general model must be challenged on a case-by-case basis by individual phosphorus discharges; said challenges do not cause direct and immediate harm to a petitioner and are deemed more efficient than judicial speculation as to how the Department will implement amended regulations. Neshaminy Water Resources Authority v. Department of Environmental Resources, 513 A.2d 979, 981 (Pa. 1986).

Since amended regulations provided that existing point sources of phosphorus would continue to operate at current levels and since the amended regulations also provided for DER evaluation of effects of phosphorous on a case-by-case basis with the likelihood that more stringent limitations would be imposed, the impact of the new regulations on petitioner was uncertain, not direct and immediate, thereby precluding exercise of the court’s equitable jurisdiction. Neshaminy Water Resources Authority v. Department of Environmental Resources, 498 A.2d 1000, 1002 (Pa. Commw. 1985).

Although court had jurisdiction under Declaratory Judgement Act to consider a preenforcement challenge to new regulations, the court declined to do so because it remained to be seen how the Department would apply the regulations to phosphorus discharges in Petitioner’s area. Neshaminy Water Resources Authority v. Department of Environmental Resources, 498 A.2d 1000 (Pa. Cmwlth. 1985).

Quality Water

Where a body of water is designated ‘‘high quality’’ under this section, that fact together with the provisions of 25 Pa. Code § 95.1(b) demand that the permit holder developer and the Department be the parties responsible for justifying the permit after evidence has been presented showing the likelihood of environmental harm. Marcon, Inc. v. Department of Environmental Resources, 462 A.2d 969 (Pa. Cmwlth. 1983).

This section cited in 25 Pa. Code § 71.64 (relating to small flow treatment facilities); 25 Pa. Code § 250.309 (relating to MSCs for surface water); 25 Pa. Code § 250.406 (relating to relationship to surface water quality requirements); and 25 Pa. Code § 269a.50 (relating to environmental assessment considerations).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9a Drainage List A.

Delaware River Basin in PennsylvaniaDelaware River

The provisions of this § 93.9a amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9a adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029. Immediately preceding text appears at serial pages (343980) and (367565) to (367566).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9b Drainage List B.

Delaware River Basin in PennsylvaniaLackawaxen River

The provisions of this § 93.9b amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9b adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended February 11, 2005, effective February 12, 2005 35 Pa.B. 1197; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (388794) and (390421).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9c Drainage List C.

Delaware River Basin in PennsylvaniaDelaware River

The provisions of this § 93.9c amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9c adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2691; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4751; amended July 19, 3013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended February 9, 2018, effective February 10, 2018, 48 Pa.B. 866; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3311. Immediately preceding text appears at serial pages (405162), (401873) to (401876) and (405163) to (405164).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9d Drainage List D.

Delaware River Basin in PennsylvaniaLehigh River

The provisions of this § 93.9d amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9d adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2691; corrected September 6, 2002, effective June 1, 2002, 32 Pa.B. 4363; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4751; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733. Immediately preceding text appears at serial pages (401879) to (401885).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9e Drainage List E.

Delaware River Basin in PennsylvaniaDelaware River

The provisions of this § 93.9e amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9e adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended July 22, 1994, effective July 23, 1994, 24 Pa.B. 3528; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; corrected July 17, 1998, effective December 6, 1997, 28 Pa.B. 3378; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; corrected December 23, 2004, effective February 3, 2001, 34 Pa.B. 6765; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5806; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (390435) to (390439).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); and 25 Pa. Code § 93.7 (relating to specific water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9f Drainage List F.

Delaware River Basin in PennsylvaniaSchuylkill River

The provisions of this § 93.9f amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9f adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended September 2, 1994, effective May 7, 1994, 24 Pa.B. 4461; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 24, 1999, effective November 27, 1999, 29 Pa.B. 5999; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; corrected July 20, 2001, effective September 6, 1997, 31 Pa.B. 3893; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; corrected March 18, 2005, effective May 3, 2003, 35 Pa.B. 1762; corrected March 25, 2005, effective May 3, 2003, 35 Pa.B. 1885; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5806; corrected April 7, 2006, effective October 6, 2001, 36 Pa.B. 1648; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4754; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended February 9, 2018, effective February 10, 2018, 48 Pa.B. 866; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733. Immediately preceding text appears at serial pages (401889) to (401901).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9g Drainage List G.

Delaware River Basin in PennsylvaniaDelaware River

The provisions of this § 93.9g amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9g adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended February 11, 1994, effective February 12, 1994, 24 Pa.B. 832; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended July 20, 2001, effective November 8, 1998, 31 Pa.B. 3894; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (390452) to (390459).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9h Drainage List H.

Susquehanna River Basin in PennsylvaniaTioga River

The provisions of this § 93.9h amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.9h adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029. Immediately preceding text appears at serial pages (367600) to (367602).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9i Drainage List I.

Susquehanna River Basin in PennsylvaniaSusquehanna River

The provisions of this § 93.9i amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9i adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; corrected March 11, 2011, effective August 1, 2009, 41 Pa.B. 1335; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended February 9, 2018, effective February 10, 2018, 48 Pa.B. 866. Immediately preceding text appears at serial pages (388835) to (388844).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); and 25 Pa. Code § 93.7 (relating to specific water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9j Drainage List J.

Susquehanna River Basin in PennsylvaniaLackawanna River

The provisions of this § 93.9j amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9j adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected March 7, 2003, effective December 7, 2002, 33 Pa.B. 1226; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4754; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733. Immediately preceding text appears at serial pages (390471) to (390472) and (401911) to (401912).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); and 25 Pa. Code § 93.7 (relating to specific water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9k Drainage List K.

Susquehanna River Basin in PennsylvaniaSusquehanna River

The provisions of this § 93.9k amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9k adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733; amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3311. Immediately preceding text appears at serial pages (405188), (401913) to (401914) and (405189) to (405194).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9l Drainage List L.

Susquehanna River Basin in PennsylvaniaWest Branch Susquehanna River

The provisions of this § 93.9l amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9l adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa. B. 3741; amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5027; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended September 2, 1994, effective May 7, 1994, 24 Pa.B. 4461; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5370; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2691; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected December 27, 2002, effective December 7, 2002, 32 Pa.B. 6381; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; corrected March 25, 2005, effective January 4, 1997, 35 Pa.B. 1885; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4751; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733; amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3311. Immediately preceding text appears at serial pages (405194) to (405223).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9m Drainage List M.

Susquehanna River Basin in PennsylvaniaSusquehanna River

The provisions of this § 93.9m amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9m adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended May 10, 1996, effective May 11, 1996, 26 Pa.B. 2182; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5370; corrected January 9, 1998, effective January 6, 1996, 28 Pa.B. 137; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended October 21, 2005, effective October 22, 2005, 35 Pa.B. 5806; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733. Immediately preceding text appears at serial pages (401944) to (401949).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9n Drainage List N.

Susquehanna River Basin in PennsylvaniaJuniata River

The provisions of this § 93.9n amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9n adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa.B. 3741; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5370; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected December 27, 2002, effective December 7, 2002, 32 Pa.B. 6381; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5420; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (388895) to (388906).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

(Departmental Note: Final consideration of the appropriate designation of the Trout Run basin will be part of a Part B final rulemaking action to be taken at a later date. A proposal which would have changed the designation from WWF to EV was included in the proposed rulemaking at 27 Pa.B. 1449, 1457 (March 22, 1997).)

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9o Drainage List O.

Susquehanna River Basin in PennsylvaniaSusquehanna River

The provisions of this § 93.9o amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9o adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa.B. 3741; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5418 and 5420; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended January 5, 2007, effective January 6, 2007, 37 Pa.B.11; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4754; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended June 23, 2023, effective June 24 2023, 53 Pa.B. 3311; amended August 8, 2025, effective August 9, 2025, 55 Pa.B. 5658. Immediately preceding text appears at serial pages (405231) to (405232), (401963) to (401966), (414401) to (414404), (401971) to (401978) and (414405) to (414406).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9p Drainage List P.

Ohio River Basin in PennsylvaniaAllegheny River

The provisions of this § 93.9p amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9p adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa.B. 3741; amended November 8, 1996, effective November 9, 1996, 26 Pa.B. 5370; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended May 31, 2002, effective June 1, 2002, 32 Pa.B. 2691; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733. Immediately preceding text appears at serial pages (401980) to (401988).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9q Drainage List Q.

Ohio River Basin in PennsylvaniaAllegheny River

The provisions of this § 93.9q amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9q adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa.B. 3741; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended September 22, 1995, effective September 23, 1995, 25 Pa.B. 3971; corrected November 3, 1995, effective September 23, 1995, 25 Pa.B. 4700; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended September 27, 2002, September 28, 2002, 32 Pa.B. 4695; corrected December 27, 2002, effective December 7, 2002, 32 Pa.B. 6381; amended October 31, 2003, effective November 1, 2003, 33 Pa.B. 5415; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended April 2, 2010, effective April 3, 2010, 40 Pa.B. 1734; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733. Immediately preceding text appears at serial pages (401988) to (402002).

This section cited in 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9r Drainage List R.

Ohio River Basin in PennsylvaniaClarion River

The provisions of this § 93.9r amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9r adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4510; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected March 7, 2003, effective November 18, 2002, 33 Pa.B. 1227; corrected March 18, 2005, effective May 3, 2003, 35 Pa.B. 1762; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4364; amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4754; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733; amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3311. Immediately preceding text appears at serial pages (405249) to (405253).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9s Drainage List S.

Ohio River Basin in PennsylvaniaAllegheny River

The provisions of this § 93.9s amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Law of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9s adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended July 17, 1992, effective July 18, 1992, 22 Pa.B. 3741; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended February 11, 2005, effective February 12, 2005, 35 Pa.B. 1197; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (388951) to (388957).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9t Drainage List T.

Ohio River Basin in PennsylvaniaKiskiminetas River

The provisions of this § 93.9t amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9t adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended November 24, 1999, effective November 27, 1999, 29 Pa.B. 5999; amended June 16, 2000, effective June 17, 2000, 30 Pa.B. 3036; amended December 1, 2000, effective December 2, 2000, 30 Pa.B. 6191; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected June 12, 2015, effective February 3, 2001, 45 Pa.B. 2829; amended November 17, 2017, effective November 18, 2017, 47 Pa.B. 7029; amended July 10, 2020, effective July 11, 2010, 50 Pa.B. 3426; amended July 9, 2021, effective July 10, 2021, 51 Pa.B. 3733; amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3311. Immediately preceding text appears at serial pages (405256) to (405261), (402019) to (402024) and (405263).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9u Drainage List U.

Ohio River Basin in PennsylvaniaAllegheny River

The provisions of this § 93.9u amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.9u adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (261865) and (258113).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9v Drainage List V.

Ohio River Basin in PennsylvaniaMonongahela River

The provisions of this § 93.9v amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9v adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected December 27, 2002, effective December 7, 2002, 32 Pa.B. 6381; amended November 12, 2004, effective November 13, 2004, 34 Pa.B. 6133; amended January 5, 2007, effective January 6, 2007, 37 Pa.B. 11; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426; amended June 23, 2023, effective June 24, 2023, 53 Pa.B. 3311. Immediately preceding text appears at serial pages (402028) to (402038) and (405265).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); and 25 Pa. Code § 93.7 (relating to specific water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9w Drainage List W.

Ohio River Basin in PennsylvaniaOhio River

The provisions of this § 93.9w amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9w adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; corrected February 19, 1993, effective August 1, 1992, 23 Pa.B. 836; amended May 14, 1993, effective May 15, 1993, 23 Pa.B. 2325; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; corrected December 20, 2002, effective February 3, 2001, 32 Pa.B. 6257; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2010, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (344164) to (344170) and (367673) to (367674).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9x Drainage List X.

Lake Erie

The provisions of this § 93.9x amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9x adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; corrected March 21, 2008, effective November 18, 2000, 38 Pa.B. 1357; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; corrected December 7, 2012, effective November 18, 2000, 42 Pa.B. 7412; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (364381) to (364384).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9y Drainage List Y.

Lake Ontario Basin in PennsylvaniaGenesee River

The provisions of this § 93.9y amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P. S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 93.9y adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended June 27, 1997, effective June 28, 1997, 27 Pa.B. 3050; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059. Immediately preceding text appears at serial pages (258120) to (258121).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 93.9z Drainage List Z.

Potomac River Basin in PennsylvaniaPotomac River

The provisions of this § 93.9z amended under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.S. § § 691.5(b)(1) and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 93.9z adopted March 6, 1992, effective March 7, 1992, 22 Pa.B. 1037; amended November 19, 1993, effective November 20, 1993, 23 Pa.B. 5529; amended October 10, 1997, effective October 11, 1997, 27 Pa.B. 5247; corrected August 13, 1999, effective October 11, 1997, 29 Pa.B. 4350; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended September 27, 2002, effective September 28, 2002, 32 Pa.B. 4695; corrected December 27, 2002, effective September 28, 2002, 32 Pa.B. 6361; corrected February 2, 2001, effective February 3, 2001, 30 Pa.B. 6059; amended May 15, 2009, effective May 16, 2009, 39 Pa.B. 2523; amended July 19, 2013, effective July 20, 2013, 43 Pa.B. 4080; amended July 10, 2020, effective July 11, 2020, 50 Pa.B. 3426. Immediately preceding text appears at serial pages (344178) to (344182) and (367675) to (367678).

This section cited in 25 Pa. Code § 16.51 (relating to table); 25 Pa. Code § 93.1 (relating to definitions); 25 Pa. Code § 93.4 (relating to Statewide water uses); 25 Pa. Code § 93.7 (relating to specific water quality criteria); 25 Pa. Code § 93.7 (relating to specific water quality criteria); and 25 Pa. Code § 93.9 (relating to designated water uses and water quality criteria).

History

• Authority: The provisions of this Chapter 93 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 93 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

Chapter 94 Municipal Wasteload Management

25 Pa. Code § 94.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Average daily organic load—The arithmetic mean of all samples of 5-day Biochemical Oxygen Demand, expressed in terms of pounds per day, collected over a calendar month. Ban—A restriction placed by the Department on additional connections to an overloaded sewer system or a sewer system tributary to an overloaded plant and other necessary measures the Department may require to prevent or alleviate an actual organic or hydraulic overload or an increase in an organic or hydraulic overload. Bypass—The intentional diversion of wastewater either at or after the headworks of the plant. CAP—Corrective action plan—A plan and schedule developed by the permittee of a sewerage facility which has an existing or projected overload. A CAP establishes actions needed and a schedule to reduce the overload and provide needed capacity. CSO—Combined sewer overflow—An intermittent overflow, or other untreated discharge from a municipal combined sewer system (including domestic, industrial and commercial wastewater and stormwater) which results from a flow in excess of the dry weather carrying capacity of the system. Capacity—The rated ability of the plant to receive and effectively treat a specified load. When the term is used in reference to a pump station or sewer system, the term refers to the rated ability to effectively convey a specified load. Clean Water Act—33 U.S.C.A. § § 1251, 1252, 1254—1256, 1259, 1262, 1263, 1281—1288, 1291, 1292, 1294—1297, 1311, 1314, 1315, 1317—1319, 1321—1324, 1328, 1341, 1342, 1344, 1345, 1362, 1364, 1375 and 1376. Combined sewer system—A sewer system which has been designed to serve as both a sanitary sewer and a storm sewer. Connection—The connection of a structure which generates or could generate hydraulic or organic loads to a sewer system. Discharge—Wastewater flow which is or would be discharged to a sewer system. Exception to a ban—An allowable connection to a sewer system even though a ban is in effect. Extension—An addition to the sewer system to accommodate more than one connection. Facilities of public need—Hospitals, health clinics, nursing care facilities, primary and secondary education facilities, fire and police stations and correctional institutions. Headworks—For the purposes of this chapter, the first treatment unit or wetwell within the plant. Hydraulic design capacity—The maximum monthly design flow, expressed in millions of gallons per day, at which a plant is expected to consistently provide the required treatment or at which a conveyance structure, device or pipe is expected to properly function without creating a backup, surcharge or overflow. This capacity is specified in the water quality management permit (Part II permit issued under Chapter 91) (relating to general provisions). Hydraulic overload—The condition that occurs when the monthly average flow entering a plant exceeds the hydraulic design capacity for 3-consecutive months out of the preceding 12 months or when the flow in a portion of the sewer system exceeds its hydraulic carrying capacity. Industrial user—An establishment which discharges or introduces industrial wastes into a sewerage facility. Interference—A discharge which, alone or in conjunction with a discharge from other sources, does the following:

(i) Inhibits or disrupts the sewerage facility, its treatment processes or operations or its sludge processes, use or disposal.

(ii) Is a cause of a violation of a requirement of the sewerage facility’s NPDES permit—including an increase in the magnitude or duration of a violation—or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder—or more stringent State or local regulations:

(A) Section 405 of the Clean Water Act (33 U.S.C.A. § 1345).

(B) The Solid Waste Disposal Act (SWDA) (42 U.S.C.A. § § 6901—6987), including Title II, more commonly referred to as the Resource Conservation and Recovery Act of 1976 (RCRA).

(C) State regulations contained in a State sludge management plan prepared under Subtitle D of the SWDA, the Clean Air Act (42 U.S.C.A. § § 7401—7642), the Toxic Substances Control Act (15 U.S.C.A. § § 2601—2629) and the Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.A. § § 1431—1434; 33 U.S.C.A. § § 1401, 1402, 1411—1421 and 1441—1445). Load—The rate of flow and organic strength of the wastewater, including infiltration, discharged to a plant, as measured at the influent of the plant or in the sewer system or a portion of it. Monthly average flow—The total flow received at a sewerage facility or another portion of the sewer system during any 1-calendar month divided by the number of days in that month. This value is always expressed in millions of gallons per day (mgd). Monthly average organic loading—The total organic load received at a plant during any 1 calendar month divided by the number of days in that month. This value is expressed in pounds per day of biological oxygen demand after 5 days (BOD5). NPDES permit—A permit or equivalent document or requirements issued by the EPA, or, if appropriate, by the Department, to regulate the discharge of pollutants under section 402 of the Clean Water Act (33 U.S.C.A. § 1342). Official plan—A comprehensive plan for the provision of adequate sewage systems adopted by a municipality possessing authority or jurisdiction over the provision of the systems and submitted to and approved by the Department as provided by the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20) and Chapter 71 (relating to administration of sewage facilities planning program). Organic design capacity—The highest daily organic load at which a sewage treatment facility or a portion thereof is expected to provide a specific predetermined level of treatment. This capacity is normally specified in the water quality management permit (Part II permit issued under Chapter 91). Organic overload—The condition that occurs when the average daily organic load exceeds the organic design capacity upon which the permit and the plant design are based. PPP—Pollution Prevention Plan—A written document that guides a discharger in the reduction of pollutants at their source before they reach the wastewater treatment plant. The PPP shall, at a minimum, address the following elements:

(i) An explicit statement of top management support for implementation of the pollution prevention plan.

(ii) A process characterization that identifies and characterizes the input of raw materials, outflow of products and generation of wastes.

(iii) An estimate of the amount of each waste generated.

(iv) Development of pollution prevention alternatives based on an estimate of reductions in the amount and toxicity of waste from each pollution prevention activity.

(v) An identification of pollution prevention opportunities to be implemented and an implementation timetable with interim and final milestones and periodic review of implemented recommendations. Pass through—A discharge which exits the plant into waters of this Commonwealth in quantities or concentrations which, alone or in conjunction with a discharge from other sources, is a cause of a violation of a requirement of the plant’s NPDES permit—including an increase in the magnitude or duration of a violation. Permit—A permit required by section 202 or 207 of the act (35 P. S. § § 691.202 and 691.207). Permittee—A person who possesses or is required to possess a permit. Plant—Devices, systems or other works installed for the purpose of treating, recycling or disposing of sewage. Pollution prevention—Source reduction and other practices—for example: direct reuse or in-process recycling—that reduce or eliminate the creation of pollutants through increased efficiency in the use of raw materials, energy, water or other resources, or protection of natural resources by conservation. Pretreatment—The reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater prior to or in lieu of discharging or otherwise introducing the pollutants into a sewerage facility. Pretreatment program—A program administered by a sewerage facility that has been approved by the EPA under 40 CFR 403.11 (relating to approval procedures for pretreatment programs and granting of removal credits). Prohibition—A restriction placed by a permittee on additional connections to an overloaded sewer system or a sewer system tributary to an overloaded plant. Sanitary sewer overflow—An intermittent overflow of wastewater, or other untreated discharge from a separate sanitary sewer system (which is not a combined sewer system), which results from a flow in excess of the carrying capacity of the system or from some other cause prior to reaching the headworks of the plant. Separate sanitary sewer system—A sewer system or part thereof which is specifically designed and intended to carry sanitary sewage separate from stormwater as specified in the permit. Sewerage facilities—The term used to collectively describe a plant and sewer system owned by or serving a municipality. Sewer system—The pipelines or conduits, pumping stations and force mains, and other appurtenant constructions, devices and facilities used for conveying sewage to a plant.

(b) A word or phrase which is not defined in this chapter but which is defined in Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) has the meaning as defined therein.

The provisions of this § 94.1 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 94.1 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 6, 1978, effective October 23, 1978, 8 Pa.B. 2722; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended February 26, 1988, effective upon delegation of the pretreatment program to the Department by the Environmental Protection Agency, 18 Pa.B. 846; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (237390), (237217) to (237218) and (228275) to (228276).

This section cited in 25 Pa. Code § 94.57 (relating to other exceptions); and 52 Pa. Code § 66.32 (relating to definitions).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.2 Purpose.

This chapter is intended to prevent unpermitted and insufficiently treated wastewater from entering waters of this Commonwealth by requiring the owners and operators of sewerage facilities to project, plan and manage future hydraulic, organic and industrial waste loadings to their sewerage facilities. Reductions in wastewater volume and pollutant mass loadings through the application of pollution prevention practices are encouraged to avoid hydraulic, organic and industrial wastewater overloads at sewerage facilities to accomplish the following objectives:

(1) Prevent the occurrence of overloaded sewerage facilities.

(2) Limit additional extensions and connections to an overloaded sewer system or a sewer system tributary to an overloaded plan.

(3) Improve opportunities to prevent or reduce the volume and toxicity of industrial wastes generated and discharged to sewerage facilities and where prevention and reduction opportunities have been maximized, and to recycle and reuse municipal and industrial wastewaters and sludges.

The provisions of this § 94.2 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 94.2 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended February 26, 1988, effective upon delegation of the pretreatment program to the Department by the Environmental Protection Agency; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial page (228276).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.3 Scope.

This chapter requires owners of sewerage facilities to properly plan, manage and maintain sewerage facilities in a manner which will do the following:

(1) Anticipate and prevent overloading sewerage facilities.

(2) Limit additional extensions and connections to an overloaded sewer system or a sewer system tributary to an overloaded plant.

(3) Prevent the introduction into sewerage facilities of pollutants which will interfere with the operation of the plant or pass through or otherwise be incompatible with the treatment process or sewerage facility.

(4) Improve opportunities to recycle and reclaim municipal and industrial wastewaters and sludges.

The provisions of this § 94.3 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); amended under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 94.3 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended February 26, 1988, effective upon delegation of the pretreatment program to the Department by the Environmental Protection Agency; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228276) to (228277).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.11 Sewer extensions.

(a) A sewer extension may not be constructed if the additional flows contributed to the sewerage facilities from the extension will cause the plant, pump stations or other portions of the sewer system to become overloaded or if the flows will add to an existing overload unless the extension is in accordance with an approved CAP submitted under § 94.21 or § 94.22 (relating to existing overload; and projected overload) or unless the extension is approved under § 94.54 (relating to sewer line extension).

(b) The Department may issue a permit for the construction of a capped sewer, which would be tributary to an overloaded sewerage facility where the capped sewer would not be placed into service until adequate conveyance and treatment capacity becomes available under all of the following conditions:

(1) The proposed project is consistent with the approved official plan of the municipality.

(2) The municipality or municipal authority which owns the sewer system to which the capped sewer would connect has an approved program for providing adequate conveyance and treatment capacity within 5 years of the date of issuance of a capped sewer permit by the Department.

(3) Other Department requirements for sewer design and construction are met.

The provisions of this § 94.11 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.11 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228277) to (228278).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.12 Annual report.

(a) To provide for annual review of sewerage facilities and ensure that there is sufficient time to address existing operational or maintenance problems or to plan and construct needed additions, plant permittees shall submit a complete and accurate wasteload management annual report, in duplicate, by March 31 of each year to the appropriate regional office of the Department. The report shall be signed by the preparer and by the permittee of the plant and include the following:

(1) A line graph depicting the monthly average flows (expressed in millions of gallons per day) for each month for the past 5 years and projecting the flows for the next 5 years. The graph shall also include a line depicting the hydraulic design flow (also expressed in millions of gallons per day) of the plant included in the water quality management permit (Part II permit issued under Chapter 91 (relating to general provisions)).

(2) A line graph depicting the monthly average organic loading (expressed as pounds per day of BOD5) for each month for the past 5 years and projecting the monthly average organic loading for the next 5 years. The graph shall also include a line depicting the organic loading design (also expressed in pounds per day of BOD5) of the plant included in the water quality management permit (Part II permit issued under Chapter 91).

(3) A brief discussion of the basis for the projections referred to in paragraphs (1) and (2), as well as a description of the time needed to expand the plant to meet the load projections, if necessary. Data used to support those projections should be included in an appendix to the annual report.

(4) A map showing all sewer extensions constructed within the past calendar year, sewer extensions approved or exempted in the past year in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20) and Chapter 71 (relating to administration of the sewage facilities program), but not yet constructed, and all known proposed projects which require public sewers but are in the preliminary planning stages. The map shall be accompanied by a list summarizing each extension or project and the population to be served by the extension or project. If a sewer extension approval or proposed project includes schedules describing how the project will be completed over time, the listing should include that information and the effect this build-out-rate will have on populations served.

(5) A discussion of the permittee’s program for sewer system monitoring, maintenance, repair and rehabilitation, including routine and special activities, personnel and equipment used, sampling frequency, quality assurance, data analyses, infiltration/inflow monitoring, and, where applicable, maintenance and control of combined sewer regulators during the past year.

(6) A discussion of the condition of the sewer system including portions of the system where conveyance capacity is being exceeded or will be exceeded in the next 5 years and portions where rehabilitation or cleaning is needed or is underway to maintain the integrity of the system and prevent or eliminate bypassing, combined sewer overflow, sanitary sewer overflow, excessive infiltration and other system problems.

(7) A discussion of the condition of sewage pumping stations, including a comparison of the maximum pumping rate with present maximum flows and the projected 2-year maximum flows for each station.

(8) A report, if applicable, of industrial wastes discharged into the sewer system. This report shall include the following:

(i) A copy of any ordinance or regulation governing industrial waste discharges to the sewer system or a copy of amendments adopted since the initial submission of the ordinance or regulation under this chapter, if it has not previously been submitted. Ordinances, regulations or fee structures may provide incentives to industrial waste dischargers to use pollution prevention techniques to reduce or eliminate the generation of industrial wastewater discharges to the sewer system.

(ii) A discussion of the permittee’s or municipality’s program for surveillance and monitoring of industrial waste discharges into the sewer system during the past year.

(iii) A discussion of specific problems in the sewer system or at the plant, known or suspected to be caused by industrial waste discharges and a summary of the steps being taken to alleviate or eliminate the problems. The discussion shall include a list of industries known to be discharging wastes which create problems in the plant or in the sewer system and action taken to eliminate the problem or prevent its recurrence. The report may describe pollution prevention techniques in the summary of steps taken to alleviate current problems caused by industrial waste dischargers and in actions taken to eliminate or prevent potential or recurring problems caused by industrial waste dischargers.

(9) A proposed plan to reduce or eliminate present or projected overloaded conditions under § § 94.21 and 94.22 (relating to existing overload; and projected overload).

(b) Permittees of sewer systems which contribute sewage flows to the plant shall submit information to the permittee of the plant as required to facilitate preparation of the annual report.

The provisions of this § 94.12 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.12 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228278) to (228279).

This section cited in 25 Pa. Code § 94.13 (relating to measuring, indicating and recording devices).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.13 Measuring, indicating and recording devices.

(a) A plant which receives or will receive within the next 5 years, monthly average flows exceeding 100,000 gallons per day shall be equipped to continuously measure, indicate and record the flow. The permittee of the plant shall install equipment necessary for these measurements within 6 months after the date when such a flow becomes evident.

(b) Flow measuring, indicating and recording equipment shall be calibrated annually, and the calibration report shall be included in the annual report submitted under § 94.12 (relating to annual report).

The provisions of this § 94.13 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.13 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228279) to (228280).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.14 Approval of official plans and revisions.

No official plan, official plan revision or supplement will be approved by the Department or delegated agency, nor will an exemption from the planning requirements be granted under Chapter 71 (relating to administration of the sewage facilities planning program) that is inconsistent with this chapter.

The provisions of this § 94.14 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.14 adopted October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial page (228280).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.15 Pretreatment program development.

In cases where pollutants contributed by industrial users result in interference or pass through, and the violation is likely to recur, a permittee shall develop and implement specific local limits for industrial users and other users, as appropriate, that together with appropriate sewerage facility or operational changes, are necessary to ensure renewed or continued compliance with the plant’s NPDES permit or sludge use or disposal practices.

The provisions of this § 94.15 issued under section 5 of The Clean Streams Law (35 P. S. § 691.5); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 94.15 adopted February 26, 1988, effective upon delegation of the pretreatment program to the Department by the Environmental Protection Agency, 18 Pa.B. 846; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228280) to (228282).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.21 Existing overload.

(a) If the annual report establishes or if the Department determines that the sewerage facilities or any portions thereof are either hydraulically or organically overloaded, the permittee of the sewerage facilities shall comply with the following program:

(1) Prohibit new connections to the overloaded sewerage facilities except as approved by the permittee under the standards for granting exceptions contained in § § 94.55—94.57 (relating to building permit issued prior to ban; replacement of a discharge; and other exceptions). No building permit may be issued by a governmental entity which may result in a connection to overloaded sewerage facilities or increase the load to those sewerage facilities from an existing connection. The permittee shall retain records of exceptions granted and make the records available to the Department upon request.

(2) Immediately begin work for the planning, design, financing, construction and operation of the sewerage facilities that may be necessary to provide required capacities to meet anticipated demands for a reasonable time in the future and resulting in a project that is consistent with the applicable official plans approved under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20) and the regulations thereunder in Chapter 71 (relating to administration of the sewage facilities planning program) and consistent with the requirements of the Department and the Federal Government regarding areawide planning and sewerage facilities.

(3) Submit to the Regional Office, for the review and approval of the Department, a written CAP to be submitted with the annual report or within 90 days of notification of the Department’s determination of overload, setting forth the actions to be taken to reduce the overload and to provide the needed additional capacity. The written CAP shall include, but not be limited, to limitations on and a program for control of new connections to the overloaded sewerage facilities and a schedule showing the dates each step toward compliance with paragraph (2) shall be completed.

(b) Upon receipt of an acceptable CAP submitted in accordance with subsection (a)(3), the Department may modify or lift the requirement to prohibit new connections and the issuance of building permits contained in subsection (a)(1). In determining whether the requirement to prohibit new connections shall be modified or lifted, the Department will consider the extent to which the permittee plans to limit new connections; the timing for provisions of additional capacity and reduction of the existing overload; and the impact of the overload on treatment plant effluent quality, water quality degradation and public health.

(c) The Department may approve permits for extensions to overloaded sewerage facilities when the following conditions are met:

(1) The proposed extension is consistent with an acceptable CAP submitted under subsection (a)(3).

(2) The proposed extension is consistent with the applicable official plan approved under the Pennsylvania Sewage Facilities Act and the regulations adopted thereunder at Chapter 71.

(3) The additional load from the proposed extension will not have a significant adverse impact on the water quality of the receiving waters.

(4) The proposed extension is in accordance with any other applicable requirement of this title.

(5) The connections to the extension are controlled in accordance with the CAP submitted in accordance with subsection (a)(3); provided that, no connections to an extension may be allowed when the approved CAP is not being implemented in accordance with the schedule contained therein.

The provisions of this § 94.21 issued under section 9 of the act of January 24, 1966 (P. L. 1535 (1965), No. 537) (35 P. S. § 750.9).

The provisions of this § 94.21 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 6, 1978, effective October 23, 1978, 8 Pa.B. 2722; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228282) to (228283).

Approval

Section 94.21 does not prohibit approval of an Act 537 sewage facilities planning module, even if there is an actual hydraulic overload. At most, the situation would prohibit new connections to the overloaded facility. The Ainjar Trust v. Department of Environmental Protection, 806 A.2d 482 (Pa. Cmwlth. 2002).

Exceptions

To allow the Department of Environmental Resources to require a plan supplement rather than a plan revision where an applicant for a sewage connection permit met one of the exceptions would be to take away the building permit exemption granted by the provisions of regulation by the Environmental Quality Board. Rico, Inc. and McDonald’s Corporation v. Department of Environmental Resources, 21 Pa. D. & C.3d 177 (1981).

The provisions of subsection (a)(1) did not require a would-be developer to have obtained sewage facilities planning approval under 25 Pa. Code Chapter 71 (relating to administration of sewage facilities program) as well as a building permit prior to the imposition of a connection prohibition in order to meet the building permit exception. Rico, Inc. and McDonald’s Corporation v. Department of Environmental Resources, 21 Pa. D. & C. 3d 177 (1982).

Municipal Corporations

When an overload of a sewer system occurs, transfer of permits from one landowner to another is barred during a period of connection prohibition. Chateau Woods, Inc. v. Lower Paxton Twp., 772 A.2d 122 (Pa. Cmwlth. 2001).

Where a sewer facility is overloaded, new connections are prohibited, except as approved by the municipality for exceptions enumerated in 25 Pa. Code § § 94.55 and 94.57. Chateau Woods, Inc. v. Lower Paxton Twp., 772 A.2d 122 (Pa. Cmwlth. 2001).

Where the Department of Environmental Protection restricts a municipality’s ability to authorize new connections to an overloaded facility to only four per month, the municipality cannot issue 44 permits, as it is under a ‘‘prohibition’’ as defined by this section. Chateau Woods, Inc. v. Lower Paxton Twp., 772 A.2d 122 (Pa. Cmwlth. 2001).

Regulation Invalid

Since this section, in effect, delegated unlimited discretion to the Department of Environmental Resources and provided for no exceptions, it was unreasonable and invalid on its face. City of Lancaster v. Department of Environmental Resources, 6 Pa. D. & C.3d 159 (1978).

This section cited in 25 Pa. Code § 94.11 (relating to sewer extensions); 25 Pa. Code § 94.12 (relating to annual report); and 25 Pa. Code § 94.31 (relating to organic or hydraulic overload).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.22 Projected overload.

If the annual report shows or if the Department determines that the sewerage facilities or any portion thereof will, within the next 5 years, become hydraulically or organically overloaded, the permittee of the sewerage facilities shall comply with the following:

(1) Submit a report or CAP to the regional office, with the annual report or within 90 days of notification of the Department’s determination, setting forth steps to be taken by the permittee to prevent the sewerage facilities from becoming hydraulically or organically overloaded. If the steps to be taken include planning, design, financing, construction and operation of sewerage facilities, the facilities shall be consistent with an official plan approved under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20) and the regulations thereunder in Chapter 71 (relating to administration of the sewage facilities planning program) and consistent with the requirements of the Department and the Federal government regarding areawide planning and sewerage facilities.

(2) Limit new connections to and extensions of the sewerage facilities based upon remaining available capacity under a plan submitted in accordance with this section.

The provisions of this § 94.22 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.22 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial pages (228284) to (228285).

This section cited in 25 Pa. Code § 94.11 (relating to sewer extensions); and 25 Pa. Code § 94.12 (relating to annual report).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.31 Organic or hydraulic overload.

A ban on connections will be imposed by the Department whenever the Department determines that the sewerage facilities or any portion thereof are either hydraulically or organically overloaded or that the discharge from the plant causes actual or potential pollution of the waters of this Commonwealth and, in addition, that one or more of the following conditions prevail:

(1) The Department determines that a ban is necessary to prevent or alleviate endangerment of public health.

(2) The permittee has failed to submit a satisfactory plan or has failed to implement the program as required by § 94.21 (relating to existing overload).

The provisions of this § 94.31 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.31 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial page (228285).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.32 Public health hazard or pollution.

A ban may be imposed by the Department whenever the Department finds that such a ban is needed in order to prevent or eliminate public health hazards or pollution resulting from violations of The Clean Streams Law (35 P. S. § § 691.1—691.1001) not otherwise covered by the provisions of this chapter.

The provisions of this § 94.32 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259.

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.33 Notice of ban.

(a) A ban imposed by order of the Department will be addressed to the person or municipality who authorizes connection to the sewer system and who operates the sewer system or plant. The ban shall be effective immediately upon receipt of the order imposing the ban.

(b) The Department will publish the order imposing the ban in one newspaper of general circulation in the area affected by the ban beginning no later than 48 hours after the imposition of the ban or as soon thereafter as publication schedules allow. The Department will publish the order imposing the ban, following imposition of the ban, once in the Pennsylvania Bulletin, provided, however, that failure or delay in so publishing by the Department shall not in any way affect the date of imposition or validity of the ban.

(c) The Department, at the time of imposition of the ban, will give notice of the ban to a governmental entity which issues building permits in the area of the ban. No building permit which may result in a connection to the overloaded sew- erage facilities or increase the load to those sewerage facilities shall be issued by a governmental entity after the ban is effective; provided, however, that failure or delay in the notification will not, in any way, affect the date of imposition or validity of the ban.

The provisions of this § 94.33 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.33 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (35310).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.41 Elimination of overload.

A ban may be removed by the Department, in the exercise of its discretion, in accordance with the following conditions:

(1) If the permittee has demonstrated that steps have been taken which have resulted in the reduction of the actual loading to the plant to less than the capacity provided in the permit or, in the case of a sewer system, to eliminate the hydraulic overload, the ban may be removed to allow connections up to capacity.

(2) If it is affirmatively demonstrated, through the submission by the permittee and approval by the Department of an application for an amendment to the permit, that the actual capacity of the plant is in excess of the capacity provided in the existing permit and is sufficient to prevent an overload until additional capacity is made available, the ban may be removed to allow connections up to the new capacity.

The provisions of this § 94.41 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.41 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial pages (35310) and (35311).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.42 Reduction of overload.

(a) The Department may modify a ban to allow limited approval of connections if the permittee demonstrates that steps have been taken which have resulted in the reduction but not the elimination of the overload, that public health will not be endangered, and that downstream uses will not be adversely affected; provided that the permittee adheres to an acceptable program and schedule for eliminating the overload.

(b) Priority shall be given to connections in the following order:

(1) The elimination of public health hazards.

(2) The elimination of pollution.

(3) The connection of facilities of public need.

The provisions of this § 94.42 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.42 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (35311).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.51 Request for exception.

Exceptions to bans shall be requested in writing from the Regional Office of the Department for the county in which the requested exception is located and shall state with specificity the reasons why such request should be granted. No exception shall be considered granted until the applicant is so advised in writing by the Department.

The provisions of this § 94.51 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259.

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.52 Limitations on exception.

The exceptions to a ban described in § § 94.55—94.57 (relating to building permit issued prior to ban; replacement of a discharge; and other exceptions) are to be strictly construed and are the only exceptions the Department will allow.

The provisions of this § 94.52 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.52 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (35312).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.53 Transfer of exception.

The exceptions to a ban described in § § 94.55—94.57 (relating to building permit issued prior to ban; replacement of a discharge; and other exceptions) are not transferrable; an owner granted an exception under this title cannot transfer his right to discharge under that exception to another person or to another location, except as such transfer will result from a sale or other transfer of property for which an exception has been granted prior to the sale or other transfer of property.

The provisions of this § 94.53 issued under act of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.53 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (35312).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.54 Sewer line extension.

Exceptions to a ban are limited to those exceptions which do not require the extension of existing sewer lines, except as needed for the elimination of public health hazards or pollution or for facilities of public need.

The provisions of this § 94.54 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259.

This section cited in 25 Pa. Code § 94.11 (relating to sewer extensions).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.55 Building permit issued prior to ban.

A discharge which the Department determines will result from a structure for which a valid building permit had been issued within 1 year prior to the date of imposition of the ban shall constitute an exception to the ban.

The provisions of this § 94.55 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.55 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259; amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917. Immediately preceding text appears at serial page (44648).

This section cited in 25 Pa. Code § 94.21 (relating to existing overload); 25 Pa. Code § 94.52 (relating to limitations on exception); and 25 Pa. Code § 94.53 (relating to transfer of exception).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.56 Replacement of a discharge.

A new source of discharge which replaces a source of discharge forever eliminated as a result of demolition, destruction, accident, act of God or act of government shall constitute an exception to the ban if the Department determines that the following conditions are met:

(1) The new source of discharge is contained in a structure on the same property as the source of discharge which it has replaced.

(2) The new source of discharge will not generate a greater volume of wastewater flow or organic content than the source of discharge it has replaced.

The provisions of this § 94.56 adopted November 4, 1977, effective November 21, 1977, 7 Pa.B. 3259.

This section cited in 25 Pa. Code § 94.21 (relating to existing overload); 25 Pa. Code § 94.52 (relating to limitations on exception); and 25 Pa. Code § 94.53 (relating to transfer of exception).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

25 Pa. Code § 94.57 Other exceptions.

Connections which are necessary to eliminate a public health hazard or which are necessary for the operation of a facility of public need as the term is defined in § 94.1 (relating to definitions) shall constitute an exception to a ban.

The provisions of this § 94.57 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9).

The provisions of this § 94.57 adopted October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4517. Immediately preceding text appears at serial page (228290).

This section cited in 25 Pa. Code § 94.21 (relating to existing overload); 25 Pa. Code § 94.52 (relating to limitations on exception); and 25 Pa. Code § 94.53 (relating to transfer of exception).

History

• Authority: The provisions of this Chapter 94 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 94 adopted November 4, 1977, effective November 21, 1977, 7 Pa.

Chapter 95 Wastewater Treatment Requirements

25 Pa. Code § 95.2 Effluent standards for industrial wastes.

Industrial wastes must meet the following effluent standards:

(1) Wastes must have a pH of not less than 6 and not greater than 9, except where:

(i) The wastes are discharged to an acid stream, in which case the pH may be greater than 9.

(ii) The discharger affirmatively demonstrates, in writing, to the Department that biological respiration in the wastewater treatment system will cause the discharge to exceed the limits in this paragraph and that exceeding these limits will not result in a violation of applicable water quality standards or of the applicable treatment requirements and effluent limitations to which a discharge is subject under the Federal Act, in which case the Department may grant a variance, in writing, from the limitation set forth in this paragraph.

(2) Oil-bearing wastewaters, except those subject to paragraph (3), must comply with the following:

(i) At no time cause a film or sheen upon or discoloration of the waters of this Commonwealth or adjoining shoreline.

(ii) At no time contain more than 15 milligrams of oil per liter as a daily average value nor more than 30 milligrams of oil per liter at any time, or whatever lesser amount the Department may specify for a given discharge or type of discharge as being necessary for the proper protection of the public interest or to meet any requirements based upon the State Act or the Federal Act, as defined in § 92.1 (relating to definitions).

(3) Petroleum marketing terminals must:

(i) Be provided with facilities to remove oil from waters, including stormwater runoff, before discharge into waters of this Commonwealth. Compliance with this paragraph constitutes compliance with paragraph (2)(i) except to the extent that the State Act or Federal Act or regulations promulgated thereunder impose a more stringent requirement.

(ii) Develop, implement and keep up to date pollution incident prevention plans as described in § 91.34 (relating to activities utilizing pollutants).

(iii) Design, maintain and utilize oil removal facilities that consist of an American Petroleum Institute (A.P.I.) listed oil separator, unless the person operating the facility can demonstrate to the Department that an alternate design is equivalent or better in removing oil from water to maintain and protect the waters of this Commonwealth, including all existing and designated uses established under Chapter 93 (relating to water quality standards).

(4) Waste may not contain more than 7 milligrams per liter of dissolved iron.

(5) When surface waters are used in the industrial plant, the quality of the effluent need not exceed the quality of the raw water supply if the source or supply would normally drain to the point of effluent discharge, unless otherwise required under the act or Federal Act or regulations promulgated thereunder.

The provisions of this § 95.2 issued under section 9 of the Pennsylvania Sewage Facilities Act (35 P. S. § 750.9); amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 95.2 amended October 3, 1980, effective October 4, 1980, 10 Pa.B. 3917; amended February 17, 1989, effective February 18, 1989, 19 Pa.B. 636; amended November 17, 2000, effective November 18, 2000, 30 Pa.B. 6059; amended August 20, 2010, effective August 21, 2010, 40 Pa.B. 4835. Immediately preceding text appears at serial pages (344188) and (313617).

This section cited in 25 Pa. Code § 92a.47 (relating to sewage permit); and 25 Pa. Code § 92a.48 (relating to industrial waste permit).

History

• Authority: The provisions of this Chapter 95 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 95 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 95.4 Extensions of time to achieve water quality based effluent limitations.

(a) The Department may grant a discharger an extension of time to achieve water quality based effluent limitations imposed under Chapter 93 (relating to water quality standards) for specific pollutants, if all of the following requirements are met:

(1) The discharge was in existence on October 8, 1979, or the date on which the water quality standards applicable to the specific pollutants were originally promulgated, whichever is later.

(2) The discharger either:

(i) Has installed Best Demonstrated Technology (BDT) as defined in this section.

(ii) Has installed Best Available Technology Economically Achievable (BAT), Best Conventional Pollutant Control Technology (BCT), or new source standards of performance, as applicable, established by the Administrator of the United States Environmental Protection Agency under 33 U.S.C.A. § § 1314(b) and 1316 or their equivalent as determined by the Department and will install BDT in accordance with a schedule acceptable to the Department.

(3) The installation of BDT will not result in the discharger achieving the water quality based effluent limitations for the pollutants in question.

(4) The discharger demonstrates, to the satisfaction of the Department, additional efforts to meet the water quality based effluent limitations by:

(i) Modifying process materials or production methods; or both.

(ii) Utilizing an alternate point of wastewater discharge—including the use of land application of wastewater.

(iii) Implementing wastewater management practices such as wastewater recycling, wastewater reuse and good housekeeping.

(iv) Conducting research into the application of new or innovative wastewater treatment technologies or management practices—including carrying out pilot-plant operations of sufficient size and duration to demonstrate adequately the technical feasibility of such treatment technologies or management practices.

(b) Subsection (a) shall not apply to any of the following:

(1) New sources as defined under 33 U.S.C.A. § 1316.

(2) Toxic pollutant effluent standards or prohibitions established under 33 U.S.C.A. § 1317(a).

(3) Dischargers which have a history of noncompliance with the Clean Streams Law (35 P. S. § § 691.1—691.1001) or the regulations promulgated thereunder, this article, or the terms and conditions of permits or Department orders issued pursuant thereto. A discharger’s timely installation of BDT and the other methods set forth in subsection (a)(4) which do not result in achievement of water quality based effluent limitations, shall not be considered noncompliance for the purposes of this subsection.

(c) Requests for time extensions shall be in writing, and shall contain information sufficient to demonstrate that the requirements specified in subsection (a) have been, or will be, met.

(d) Extensions shall be for a limited period of time, not to exceed 5 years, which will be specified by the Department in permits issued under the Clean Streams Law (35 P. S. § § 691.1—691.1001). A discharger’s extension of time may be renewed, for a period of time for each extension not to exceed 5 years, if the requirements for the extension continue to be met.

(e) During the initial extension period, and subsequent extension renewal, the discharger shall submit periodic progress reports to the Department, at a frequency acceptable to the Department, but in no case less than once every year detailing its efforts to meet the water quality based effluent limitations in question.

(f) Failure by the discharger to implement any of the requirements contained in subsections (a)—(e) will result in the imposition and enforcement by the Department of the required water quality based effluent limitations.

(g) The following definition shall apply for the purpose of implementing subsections (a)—(f): Best Demonstrated Technology (BDT)—The combination of wastewater treatment technologies and management practices which have been demonstrated, to the satisfaction of the Department, to achieve the most effective degree of pollutant reduction applicable to the type of wastewater and pollutants in question. The determination of BDT shall be based upon the documented results of either full-scale installation and operation of treatment technologies and management practices, or investigation and pilot-plant operations carried out by the discharger. In no case shall BDT be less stringent than Best Available Technology Economically Achievable (BAT), Best Conventional Pollutant Control Technology (BCT), or standards of performance for new sources for the wastewater and pollutants as determined by the Administrator of the United States Environmental Protection Agency under 33 U.S.C.A. § § 1314(b) and 1316.

The provisions of this § 95.4 amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 544. Immediately preceding text appears at serial pages (44653) to (44654).

History

• Authority: The provisions of this Chapter 95 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 95 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 95.5 Treatment requirements for discharges to waters affected by abandoned mine drainage.

(a) For wastes discharged to waters polluted by abandoned coal mine drainage, so that the applicable water quality criteria are not being met and designated water uses are not being achieved to the extent that aquatic communities are essentially excluded, and where the pollution cannot be remedied by controlling known, active discharges, the following degrees of treatment shall be provided:

(1) Sewage, as defined in The Clean Streams Law (35 P. S. § § 691.1—691.1001), shall receive secondary treatment, as defined by this chapter.

(2) Industrial waste as defined in The Clean Streams Law (35 P. S. § § 691.1—691.1001), shall achieve one of the following degrees of treatment, as appropriate, which are defined under 33 U.S.C.A. § § 1314(b) and 1316(b):

(i) Best Conventional Pollutant Control Technology (BCT).

(ii) Best Available Technology Economically Achievable (BAT).

(iii) Standards of performance for new sources.

(b) A greater degree of treatment will be required to the waters where one of the following exists:

(1) The water quality of the receiving water has or is expected to improve significantly.

(2) The minimum degree of treatment required would cause pollution in downstream waters, so that designated stream uses in these downstream waters would not be achievable.

The provisions of this § 95.5 amended February 15, 1985, effective February 16, 1985, 15 Pa.B. 544. Immediately preceding text appears at serial pages (44654) and (44655).

History

• Authority: The provisions of this Chapter 95 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 95 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

25 Pa. Code § 95.10 Treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS).

(a) The following are not considered new and expanding mass loadings of TDS and are exempt from the treatment requirements in this section:

(1) Maximum daily discharge loads of TDS or specific conductivity levels that were authorized by the Department prior to August 21, 2010. These discharge loads will be considered existing mass loadings by the Department.

(i) Relocation or combination of existing discharge points of existing mass loadings of TDS do not constitute a new or expanding mass loading unless total mass loadings are increased.

(ii) Existing publicly owned treatment works (POTW) as defined in § 92.1 (relating to definitions) and industrial waste treatment facilities authorized prior to August 21, 2010, under permits authorizing the acceptance, treatment and discharge of TDS do not constitute a new or expanding mass loading unless total mass loadings accepted, treated and discharged are to be increased. Only the net increase in TDS mass loadings from these facilities will be considered a new and expanding mass loading of TDS.

(2) Facilities treating postmining pollutional discharges from abandoned mine sites. For purposes of this section, abandoned mine sites include all lands and water eligible for reclamation or drainage abatement or treatment expenditures under section 402(g)(4) or section 404 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. § § 1232(g)(4) and 1234).

(3) Surface mining activities with preexisting discharges subject to Chapter 87, Subchapter F or Chapter 88, Subchapter G (relating to surface coal mines: minimum requirements for remining areas with pollutional discharges; and anthracite surface mining activities and anthracite bank removal and reclamation activities: minimum requirements for remining areas with pollutional discharges) and preexisting discharges subject to Chapter 90, Subchapter F (relating to coal refuse disposal activities on areas with preexisting pollutional discharges).

(4) Discharges from active surface coal mining operations with an open pit dimension of less than 450,000 square feet exposed at any time.

(5) Discharges from erosion and sediment control facilities used at surface mining activities as defined in § 86.1 (relating to definitions).

(6) Existing mine drainage directed to a mine pool where the mine pool is being treated in accordance with applicable requirements in Chapters 91—96.

(7) New and expanding discharge loadings of TDS equal to or less than 5,000 pounds per day, measured as an average daily discharge over the course of a calendar year, otherwise known as the annual average daily load.

(8) Discharges of wastewater produced from industrial subcategories with applicable effluent limit guidelines for TDS, chlorides or sulfates established as best available technology economically achievable (BAT), best conventional pollutant control technology (BCT) or new source standards of performance, by the administrator of the EPA under sections 303(b) and 306 of the Federal Act (33 U.S.C.A. § § 1314(b) and 1316).

(b) Operations with wastewater resulting from fracturing, production, field exploration, drilling or completion of natural gas wells shall comply with the following requirements:

(1) Except as provided in paragraph (3), there may be no discharge of wastewater into waters of this Commonwealth from any source associated with fracturing, production, field exploration, drilling or well completion of natural gas wells.

(2) A wastewater source reduction strategy shall be developed by the well operator by August 22, 2011, and submitted to the Department upon request. The source reduction strategy must identify the methods and procedures the operator shall use to maximize the recycling and reuse of flow back or production fluid either to fracture other natural gas wells, or for other beneficial uses approved under Chapter 287 (relating to residual waste management—general provisions). The strategy shall be updated annually and include, at a minimum, the following information:

(i) A complete characterization of the operator’s wastewater stream including chemical analyses, TDS concentrations and monthly generation rate of flowback and production fluid at each natural gas well.

(ii) A description and evaluation of potential wastewater source reduction options through recycling, reuse or other beneficial uses.

(iii) The rationale for selecting the source reduction methods to be employed by the operator.

(iv) Quantification of the flowback and production fluid generated by each well which is recycled or reused either to fracture other natural gas wells or for other approved beneficial uses.

(3) New and expanding treated discharges of wastewater resulting from fracturing, production, field exploration, drilling or well completion of natural gas wells may be authorized by the Department under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) provided that the following requirements are met:

(i) Discharges may be authorized only from centralized waste treatment facilities (CWT), as defined in 40 CFR 437.2(c) (relating to general definitions).

(ii) Discharges may not be authorized from a POTW, as defined in § 92.1, unless treatment at a CWT meeting all of the requirements of this chapter precedes treatment by the POTW.

(iii) The discharge may not contain more than 500 mg/L of TDS as a monthly average.

(iv) The discharge may not contain more than 250 mg/L of total chlorides as a monthly average.

(v) The discharge may not contain more than 10 mg/L of total barium as a monthly average.

(vi) The discharge may not contain more than 10 mg/L of total strontium as a monthly average.

(vii) The discharge complies with the performance standards in 40 CFR 437.45(b) (relating to new source performance standards (NSPS)).

(4) Deep well injection of wastewater resulting from fracturing, production, field exploration, drilling or well completion of natural gas wells shall comply with § 78.18 (relating to disposal and enhanced recovery well permits).

(c) New and expanding mass loadings of TDS not addressed in subsections (a) and (b) may not contain more than 2,000 mg/L of TDS as a monthly average, unless a variance is approved by the Department under this section. For purposes of this subsection, any net increase in existing TDS loadings authorized after August 21, 2010, will be considered a new and expanding mass loading of TDS.

(d) A request for a variance to subsection (c) shall be submitted to the Department and be accompanied by the following information:

(1) An analysis of the applicant’s existing discharge loads of TDS, and the projected new discharge loads associated with the proposed new and expanding mass loadings of TDS.

(2) An analysis of the applicant’s existing treatment facilities and the ability of those facilities to meet the requirement in subsection (c).

(3) An analysis of upgrades necessary to bring the applicant’s existing facility into compliance with subsection (c) and the estimated costs associated with the upgrades.

(4) An analysis of the receiving stream’s water quality for TDS at, or upstream from, the proposed point of discharge.

(e) A request for a variance to subsection (c) will be subject to the public notice requirements for permit applications in § 92.61 (relating to public notice of permit application and public hearing).

(f) A variance to subsection (c) may be approved by the Department only under the following conditions:

(1) A watershed analysis conducted by the Department determines that a variance will not result in a reduction of available assimilative capacity for TDS to less than 25% of the total available assimilative capacity at the next downstream point of water quality standards compliance. Available assimilative capacity will be calculated using design flow conditions under § 96.4(g) (relating to TMDLs and WQBELs).

(2) The resulting instream concentration of TDS at the point of discharge from the new or expanding loading will not violate water quality standards in Chapter 93 (relating to water quality standards).

(g) Coal-fired electric steam generating units subject to effluent limitations in 40 CFR Part 423 (relating to steam electric power generating point source category), including TDS effluent limitations created by the EPA rulemaking on effluent limitations scheduled for completion by March 2014 (Docket No. EPA-HQ-OW-2009-0819), must comply with subsection (c) by December 31, 2018, unless exempted by subsection (a).

The provisions of this § 95.10 issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20), unless otherwise noted.

The provisions of this § 95.10 adopted August 20, 2010, effective August 21, 2010, 40 Pa.B. 4835.

This section cited in 25 Pa. Code § 78a.69 (relating to water management plans).

History

• Authority: The provisions of this Chapter 95 issued under section 5 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 95 adopted September 2, 1971, effective September 3, 1971, 1 Pa.

Chapter 96 Water Quality Standards Implementation

25 Pa. Code § 96.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Concentration—The amount of a substance, expressed in mass units, in a unit volume of water or wastewater. Conservative substance—A pollutant that undergoes no or minimal transformation or decay in a water system, except by dilution. Cumulative loading—The sum of pollutant loadings from individual pollutant sources. Factor of safety—A margin to take into account uncertainty concerning the relationships between effluent limitations and water quality. Harmonic mean flow—The flow that is determined by taking the reciprocal of the arithmetic mean of reciprocals of daily flow values. LA—Load allocation—The portion of a surface water’s loading capacity that is assigned or allocated to existing and future nonpoint sources and natural quality. Lake, pond or impoundment—A surface water with a hydraulic residence time of 14 days or more based on average annual daily stream flow. Residence time shall be determined at average annual daily stream flow and normal pool volume. In the absence of actual records, an average annual daily discharge rate of 1.5 CFS per square mile shall be used. Loading capacity—The greatest amount of loading that a surface water can receive without violating a water quality standard. Margin of safety—The portion of a surface water’s loading capacity that is set aside to account for uncertainty about the relationship between pollutant loadings and resulting surface water quality, including any uncertainty or imprecision in mathematical models used to determine these relationships. For nonconservative substances, any imprecision or uncertainty concerning the mechanisms by which the substance decays or is transformed shall be considered. Mass load—The pollutant loading expressed in units of mass per unit time. NPDES or National Pollutant Discharge Elimination System Permit—A permit issued under Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) for the discharge or potential discharge of pollutants from a point source to surface waters. Natural quality—The water quality conditions that exist or that would reasonably be expected to exist in the absence of human related activity. Nonconservative substance—A pollutant whose concentration in the water column changes as a result of volatilization, photolysis, hydrolysis, biodegradation, transformation, or other processes, except dilution. Nonpoint source—A pollutant source which is not a point source discharge. Nonpoint source restoration plan—A nonpoint source management plan which describes needed actions to restore and improve water quality in a watershed or stream. Point source discharge—A pollutant source regulated under the NPDES permit system as defined in § 92.1 (relating to definitions). Pollutant—Any contaminant or other alteration of the physical, chemical, biological, or radiological integrity of surface water which causes or has the potential to cause pollution as defined in section 1 of The Clean Streams Law (35 P. S. § 691.1). Potable water supply—A water source that is used by humans after conventional treatment for drinking, culinary and other purposes such as inclusion in food products. Q7-10 flow—The actual or estimated lowest 7 consecutive-day average flow that occurs once in 10 years for a stream with unregulated flow, or the estimated minimum flow for a stream with regulated flow. Q30-10 flow—The actual or estimated lowest 30 consecutive-day average flow that occurs once in 10 years for a stream with unregulated flow, or the estimated 30 day average minimum flow for a stream with regulated flow. Reserve factor—A portion of the effluent flow held to provide for projected future wasteloads. Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds, and constructed wetlands used as part of a wastewater treatment process. TMDL—Total maximum daily load—The sum of individual waste load allocations for point sources, load allocations for nonpoint sources and natural quality and a margin of safety expressed in terms of mass per time, toxicity or other appropriate measures. WLA—Wasteload allocation—The portion of a surface water’s loading capacity that is allocated to existing and future point source discharges. WQBEL—Water quality based effluent limitation—An effluent limitation based on the need to attain or maintain the water quality criteria and to assure protection of existing and designated uses. Water quality criteria duration—The averaging period associated with a water quality criterion. Water quality standards—The combination of water uses to be protected and the water quality criteria necessary to protect those uses. Wetlands—Areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs and similar areas.

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.2 Purpose.

The purpose of this chapter is to establish the process for achieving and maintaining water quality standards.

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.3 Water quality protection requirements.

(a) Existing and designated surface water uses shall be protected.

(b) Antidegradation requirements in § § 93.4a—93.4d and 105.1, 105.15, 105.17, 105.18a, 105.20a and 105.451 shall apply to surface waters.

(c) To protect existing and designated surface water uses, the water quality criteria described in Chapter 93 (relating to water quality standards), including the criteria in § § 93.7 and 93.8a(b) (relating to specific water quality criteria; and toxic substances) shall be achieved in all surface waters at least 99% of the time, unless otherwise specified in this title. The general water quality criteria in § 93.6 (relating to general water quality criteria) shall be achieved in surface waters at all times at design conditions.

(d) As an exception to subsection (c), the water quality criteria for total dissolved solids, nitrite-nitrate nitrogen, phenolics, chloride, sulfate and fluoride established for the protection of potable water supply shall be met at least 99% of the time at the point of all existing or planned surface potable water supply withdrawals unless otherwise specified in this title.

(e) When a water quality criterion described in Chapter 93, including the criteria in § § 93.7 and 93.8a(b), cannot be attained at least 99% of the time due to natural quality, as determined by the Department under § 93.7(d) based on water quality observations in that waterbody or at one or more reference stations of similar physical characteristics to the surface water, the natural quality that is achieved at least 99% of the time shall be the applicable water quality criterion for protection of fish and aquatic life.

(f) When the minimum flow of a stream segment is determined or estimated to be zero, applicable water quality criteria shall be achieved at least 99% of the time at the first downstream point where the stream is capable of supporting existing or designated uses.

(g) Functions and values of wetlands shall be protected pursuant to Chapters 93 and 105 (relating to water quality standards; and dam safety and waterway management).

The provisions of this § 96.3 amended December 13, 2002, effective December 14, 2002, 32 Pa.B. 6101. Immediately preceding text appears at serial pages (272251) to (272252).

This section cited in 25 Pa. Code § 96.4 (relating to TMDLs and WQBELs).

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.4 TMDLs and WQBELs.

(a) The Department will identify surface waters or portions thereof that require the development of TMDLs, prioritize these surface waters for TMDL development, and then develop TMDLs for these waters.

(b) The Department will develop WQBELs for point source discharges using applicable procedures described in this chapter when the Department determines that water quality protection requirements specified in § 96.3 (relating to water quality protection requirements) are or would be violated after the imposition of applicable technology based limitations required under sections 301(b), 306, 307 or other sections of the Federal Clean Water Act (33 U.S.C.A. § § 1311(b), 1316 and 1317) and The Clean Streams Law (35 P. S. § § 691.1—691.1001) to the point source.

(c) TMDLs and WQBELs shall be developed to meet the requirements of § 96.3.

(d) WLAs developed in accordance with this chapter shall serve as the basis for the determination of WQBELs for point source discharges regulated under Chapter 92 (relating to National Pollutant Discharge Elimination System permit-ting, monitoring and compliance). When LAs are developed in accordance with this chapter, they shall serve as the basis for the development of nonpoint source restoration plans.

(e) In developing TMDLs and WQBELs, the Department will:

(1) As appropriate consider, relevant design factors, including, but not limited to: water quality criteria duration, flow duration and frequency, natural seasonal variability in water temperature, the natural variability of pH and hardness, the physical characteristics of a watershed, reserve factors, factors of safety and pollutant contributions from other sources.

(2) Treat all pollutants as conservative unless it finds based on scientifically valid information that the substance is not conservative and adequate information is available to characterize the substance’s fate or transformation, or both.

(f) The allocation procedure is as follows:

(1) WLAs, LAs and effluent limitations assigned or allocated to individual pollutant sources shall be the more stringent of the following:

(i) The pollutant loading authorized to be discharged under applicable technology-based requirements.

(ii) Where applicable, the pollutant loading determined under § § 96.5 and 96.6 (relating to nutrient discharges; and heated wastewater discharges).

(iii) The pollutant loading that will achieve the water quality protection requirements specified in § 96.3.

(2) WLAs, LAs and effluent limitations shall be made more stringent if the cumulative loading determined after the application of paragraph (1) does not meet the requirements of § 96.3.

(g) Mathematical modeling at the design flow conditions listed in Table 1 shall be used as applicable to develop TMDLs and WQBELs for point source discharges.

The LA portion of the TMDL will be allotted to nonpoint source pollutant loadings and natural quality.

(h) The Department will revise WLAs and LAs because of new or increased pollutant loadings. WLAs shall be revised at or before the expiration date of the current point source discharge permit term.

(i) The Department may require NPDES dischargers and other persons subject to regulation under The Clean Streams Law (35 P. S. § § 691.1—691.1001) to conduct appropriate monitoring of pollutant sources and waters and report the results and data, to obtain data needed to develop TMDLs and effluent limitations and to determine their effectiveness.

This section cited in 25 Pa. Code § 95.10 (relating to treatment requirements for new and expanding mass loadings of Total Dissolved Solids (TDS)).

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.5 Nutrient discharges.

(a) Whenever technically and financially feasible, and environmentally sound, land disposal of wastewater shall be used on a continuous or seasonal basis to prevent or minimize to the maximum extent practicable the discharge of nutrients to surface waters, including tributaries thereof, that are determined to be either threatened or impaired by nutrient enrichment.

(b) When necessary to control eutrophication in a lake, pond, or other impoundment, the Department will develop a TMDL and associated WLAS and LAS based on average annual loading estimates.

(c) When it is determined that the discharge of phosphorus, alone or in combination with the discharge of other pollutants, contributes or threatens to impair existing or designated uses in a free flowing surface water, phosphorus discharges from point source discharges shall be limited to an average monthly concentration of 2 mg/l. More stringent controls on point source discharges may be imposed, or may be otherwise adjusted as a result of a TMDL which has been developed.

This section cited in 25 Pa. Code § 96.4 (relating to TMDLs and WQBELs).

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.6 Heated wastewater discharges.

(a) WLAs established for the discharge of heated wastewater shall comply with applicable State and Federal requirements.

(b) Heated wastewater discharges may not cause a change of surface water temperature of more than 2°F during any 1-hour period.

(c) In addition to subsection (b), the allowable heat content of heated wastewater discharges shall be limited to one of the following:

(1) A calculated amount that will raise the temperature of the receiving surface water to no more than the applicable criteria specified in § 93.7 (relating to specific water quality criteria).

(2) An amount based on an evaluation conducted in accordance with section 316(a) of the Federal Clean Water Act (33 U.S.C.A. § 1326(a)).

This section cited in 25 Pa. Code § 96.3 (relating to water quality protection requirements); and 25 Pa. Code § 96.4 (relating to TMDLs and WQBELs).

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.7 Public participation.

(a) The Department will publish a notice in the Pennsylvania Bulletin of the availability of draft and final lists of surface waters requiring TMDLs under § 96.4(a) (relating to TMDLs and WQBELs). The notice of the draft list shall set forth a minimum 30-day public comment period.

(b) The Department will publish a notice in the Pennsylvania Bulletin of the availability of any draft and final TMDL prepared under this chapter. Draft TMDL notices shall be subject to a minimum 30-day comment period. The Department may hold a public hearing on a draft TMDL if there is significant public interest. When the TMDL is prepared concurrent with or as part of an NPDES permit application, the notice may be included in the notice of permit application prepared under § 92.61 (relating to public notice of permit application and public hearing).

This section cited in 25 Pa. Code § 96.6 (relating to heated wastewater discharges).

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

25 Pa. Code § 96.8 Use of offsets and tradable credits from pollution reduction activities in the Chesapeake Bay Watershed.

(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context indicates otherwise: Aggregator—A person that arranges for the sale of credits generated by another person, or arranges for the credits to be certified, verified and registered. Agricultural operation—The management and use of farming resources for the production of crops, livestock or poultry, or for equine activity. Baseline—

(i) The compliance activities and performance standards that must be implemented to meet current environmental laws and regulations related to the pollutant for which credits or offsets are generated.

(ii) The term includes allocations established under this chapter, in a TMDL or in a similar allocation, for the pollutant. BMP—Best management practice—

(i) Schedules of activities, prohibitions of practices, maintenance procedures and other management practices to prevent or reduce pollutants to surface waters of this Commonwealth.

(ii) The term includes treatment requirements, operating procedures and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage.

(iii) The term includes activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during and after earth disturbance activities.

(iv) The term also includes riparian buffers, soil and slope stabilization measures, control of fertilization practices, and other actions and measures designed to reduce erosion and runoff of soil, sediment and pollutants from the land surface during precipitation events; or to reduce the contamination of groundwater with pollutants that may affect surface waters.

(v) The term includes BMP measures developed under this title to reduce pollutant loading to surface waters. Certification—Written approval by the Department of a proposed pollutant reduction activity to generate credits before the credits are verified and registered to be used to comply with NPDES permit effluent limitations. Credit—The tradable unit of compliance that corresponds with a unit of reduction of a pollutant as recognized by the Department which, when certified, verified and registered, may be used to comply with NPDES permit effluent limitations. Credit reserve—Credits set aside by the Department to address pollutant reduction failures and uncertainty. DMR—Discharge monitoring report—The Department or EPA supplied forms for reporting of self-monitoring results by the permittee. Delivery ratio—A ratio that compensates for the natural attenuation of a pollutant as it travels in water before it reaches a defined compliance point. Edge of segment ratio—A ratio that identifies the amount of a pollutant expected to reach the surface waters at the boundary of a Chesapeake Bay Watershed Model segment through surface runoff and groundwater flows from a pollutant source within a watershed segment. Nutrient—Nitrogen or phosphorus. Offset—The pollutant load reduction measured in pounds that is created by an action, activity or technology which when approved by the Department may be used to comply with NPDES permit effluent limitations, conditions and stipulations under Chapter 92a (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance). The offset may only be used by the NPDES permittee that the Department determines is associated with the load reduction achieved by the action, activity or technology. Pollutant—Nutrient or sediment. Pollutant reduction activity—An activity, such as a BMP or effluent control, that is implemented to prevent or reduce a pollutant load to surface waters of this Commonwealth. Registration—An accounting mechanism used by the Department to track certified and verified credits before they may be used to comply with NPDES permit effluent limitations. Reserve ratio—A 10% ratio that is applied to the pollutant reductions generated, which establishes the credits to be set aside for the Department’s credit reserve. Threshold—Activities and performance standards beyond baseline compliance which are required under subsection (d)(3) before credits may be certified. Tradable load—The amount of nonpoint source pollutant reduction determined to be the projected future pollutant load that is the difference between the total reduction theoretically possible from maximum implementation of pollutant reduction activities, and the reduction associated with a level of pollutant reduction activities identified by the Department as reasonably attainable. Trade—A transaction that involves the sale or other exchange, through a contractual agreement, of credits that have been certified, verified and registered. Trading ratio—A ratio applied to adjust a pollutant reduction when calculating credits for a pollutant reduction activity. A trading ratio is used to address uncertainty, water quality, reduction failures or other considerations. The term will include a delivery ratio, an edge of segment ratio and a reserve ratio. Verification—Assurance that the verification plan contained in a certification, permit or other approval issued by the Department under this section has been implemented. Verification is required prior to registration of the credits for use in an NPDES permit to comply with NPDES permit effluent limitations.

(b) Chesapeake Bay water quality.

(1) Credits and offsets may be used to meet legal requirements for restoration, protection and maintenance of the water quality of the Chesapeake Bay.

(2) Credits may be generated only from a pollutant reduction activity that has been certified, verified and registered under this section.

(3) Credits and offsets may be used by permittees to meet effluent limits for nitrogen, phosphorus and sediment expressed as annual loads in pounds contained in NPDES permits that are based on compliance with water quality standards established under the Federal Water Pollution Control Act (33 U.S.C.A. § § 1251—1387), specifically for restoration, protection and maintenance of the water quality of the Chesapeake Bay.

(4) Credits and offsets may only be used for comparable pollutants, unless otherwise authorized by the Department. For example, nitrogen credits or offsets may only be used to meet nitrogen effluent limits.

(5) The use of credits and offsets must comply with legal requirements under applicable laws and regulations, including the requirements of this section.

(6) Credits and offsets may not be used to comply with technology-based effluent limits, except as expressly authorized under Federal regulations administered by the EPA.

(c) Methodology.

(1) General. The Department will use one or more of the methods, data sources or conclusions contained in this subsection when certifying a pollutant reduction activity to generate credits.

(2) Credits may be calculated by use of pollutant removal efficiencies for BMPs, and edge of segment and delivery ratios addressing fate and transport of pollutants, consistent with the most up-to-date version of the Chesapeake Bay watershed model. The pollutant removal efficiencies and edge of segment and delivery ratios will be available on the Department’s Nutrient Trading web site.

(3) The Department may rely on results from the following modeling tools, as amended or updated, to approve other pollutant removal efficiencies for BMPs:

(i) Science Algorithms of the EPA Models-3 Community Multiscale Air Quality (CMAQ) Modeling System, Atmospheric Modeling Division, National Research Laboratory, U.S. Environmental Protection Agency, EPA/600/R-99/030, (Daewon Byun and Kenneth L. Schere, 2006).

(ii) EPA Watershed Model (Donigian et al. 1994; Linker 1996; Linker et al. 2000).

(iii) EPA Chesapeake Bay Hydrodynamic Model (Wang and Johnson 2000).

(iv) EPA Estuarine Water Quality Model (Cerco and Cole 1993, 1995a, 1995b; Thomann et al. 1994; Cerco and Meyers 2000; Cerco 2000; Cerco and Moore 2001; Cerco et al. 2002a).

(4) The Department may rely on the methods, data sources and conclusions in the following EPA documents, as amended or updated:

(i) Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability. EPA 903-R-03-004. Region III Chesapeake Bay Program Office, Annapolis, Maryland (2003).

(ii) Technical Support Document for Identification of Chesapeake Bay Designated Uses and Attainability-2004 Addendum. EPA 903-R-04-006. Region III Chesapeake Bay Program Office, Annapolis, Maryland (2004).

(iii) Revision, Chesapeake Bay Program Analytical Segmentation Schemes: decisions and rationales, 1983-2003. EPA 903-R-04-008. CBP/TRS 268/04. Chesapeake Bay Program Office, Annapolis, Maryland ( 2004).

(iv) Revision, Chesapeake Bay Program Analytical Segmentation Schemes: decisions and rationales, 1983-2003—2005 Addendum. EPA 903-R-05-004. CBP/TRS 278/06. Chesapeake Bay Program Office, Annapolis, Maryland (2005).

(v) Setting and Allocating the Chesapeake Bay Basin Nutrient and Sediment Loads. The Collaborative Process, Technical Tools and Innovative Approaches. EPA 903-R-03-007. Region III Chesapeake Bay Program Office, Annapolis, Maryland (2006).

(vi) Summary of Decisions Regarding Nutrient and Sediment Load Allocations and New Submerged Aquatic Vegetation (SAV) Restoration Goals. April 25, 2003, Memorandum to the Principals’ Staff Committee members and representatives of the Chesapeake Bay headwater states. Virginia Office of the Governor, Natural Resources Secretariat, Richmond, Virginia.

(vii) The 2002 Chesapeake Bay Eutrophication Model. EPA 903-R-04-004. U.S. Army Corps of Engineers, Engineer Research & Development Center, Environmental Laboratory (Cerco, C.F., and Noel, M.R., 2004).

(viii) Ecosystem Models of the Chesapeake Bay Relating Nutrient Loadings, Environmental Conditions and Living Resources Technical Report. Chesapeake Bay Program Office, Annapolis MD (Kemp, MW., R. Bartlescn, S. Blumenshine, J.D. Hagey, and W.R Boynlen, 2000).

(ix) Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and Its Tidal Tributaries. U.S. EPA 2003b. EPA 903-R-03-002. Chesapeake Bay Program Office, Annapolis, Maryland.

(5) For a point source, the Department may rely on the information supplied by the permittee in the DMR, including offset information, when certifying a pollutant reduction activity to generate credits.

(6) When certifying a pollutant reduction activity to generate credits, the Department may rely on methods, data sources and conclusions contained in the Pennsylvania Agronomy Guide published by Pennsylvania State University, and the Pennsylvania Technical Guide published by the Federal Natural Resources Conservation Service. The Department may also rely on other published or peer-reviewed scientific sources.

(d) Eligibility requirements for the Chesapeake Bay.

(1) General. To generate credits or offsets, the person shall demonstrate a reduction in the pollutant load beyond the pollutant load allowed under applicable baseline requirements, and beyond any applicable threshold.

(2) Baseline requirements to generate credits.

(i) For a nonpoint source, the baseline is the set of requirements in regulations applicable to the source at the location where the credits or offsets are generated, and the pollutant load associated with that location as of January 1, 2005. If since that date new requirements or operation changes have occurred that necessitate a revised set of requirements those establish the baseline. For an agricultural operation, baseline includes compliance with the erosion and sedimentation requirements for agricultural operations in Chapter 102 (relating to erosion and sediment control), the requirements for agricultural operations under § 91.36 (relating to pollution control and prevention at agricultural operations), § 92a.29 (relating to CAFO) and the requirements for agricultural operations under Chapter 83, Subchapter D (relating to nutrient management), as applicable.

(ii) For a point source, the baseline is the pollutant effluent load associated with effluent limitations contained in the NPDES permit based on the applicable technology based requirements, or the load in a TMDL or similar allocation, whichever is more stringent.

(3) Threshold requirements to generate credits.

(i) To generate credits, an agricultural operation must meet one of the following threshold requirements at the location where the credits are generated.

(A) Manure is not mechanically applied within 100 feet of a perennial or intermittent stream with a defined bed or bank, a lake or a pond. This threshold can be met through one of the following:

(I) There is not a perennial or intermittent stream with a defined bed or bank, a lake or a pond on or within 100 feet of the agricultural operation.

(II) The agricultural operation does not mechanically apply manure, and applies commercial fertilizer at or below agronomic rates contained in the current Penn State University Agronomy Guide published by Pennsylvania State University.

(B) A minimum of 35 feet of permanent vegetation is established and maintained between the field and any perennial or intermittent stream with a defined bed or bank, a lake or a pond. The area may be grazed or cropped under a specific management plan provided that permanent vegetation is maintained at all times and there is no mechanical application of manure within the buffer area.

(C) The applicant applies an adjustment of at least 20% to the overall amount of the pollutant reduction generated by the pollutant reduction activity the person is submitting for certification.

(ii) The Department may establish other threshold requirements necessary to ensure the effectiveness of the use of credits to meet legal requirements for restoration, protection and maintenance of the water quality of the Chesapeake Bay.

(4) Compliance status. A person who by past or current noncompliance has demonstrated a lack of ability or intention to comply with any of the following is not eligible for certification or offset approval or to use credits or offsets to meet permit effluent limits:

(i) A Department regulation, permit, schedule of compliance, order or certification.

(ii) A law or regulation that addresses pollution of waters of this Commonwealth.

(iii) A contract for the exchange of credits.

(5) Other requirements. The Department may establish other eligibility requirements to ensure the effectiveness of the use of credits and offsets to meet legal requirements for restoration, protection and maintenance of the water quality of the Chesapeake Bay.

(6) Failure to meet eligibility requirements. If at any time prior to registration of a credit the Department determines that a person no longer meets the eligibility requirements under this section, the Department may take appropriate action, such as prohibiting the person from participating in any trading under this section or denying a request for certification, registration of any credits or approval of offsets.

(e) Certification requirements for the Chesapeake Bay.

(1) General. A pollutant reduction activity must be certified by the Department for the generation of credits before the credits may be applied to meet permit effluent limitations. Certification will serve as the Department’s final determination of the amount of credits that the pollutant reduction activity may generate. A permittee may only use credits to meet permit effluent limits if certification is followed by verification and registration of the credits.

(2) Request for certification. A person who wishes to have a pollutant reduction activity certified by the Department to generate credits shall submit a written request for certification in the format required by the Department.

(i) The request for certification must contain information sufficient to demonstrate the following:

(A) That the location where the pollutant reduction activity will be implemented will meet applicable eligibility requirements under subsection (d) and will continue to meet those requirements throughout the applicable term of the certification.

(B) That the pollutant reduction activity will meet acceptable standards for construction and performance, including operation and maintenance, throughout the applicable term of the certification.

(C) That the calculation requirements of this section have been met.

(D) That the implementation of the pollutant reduction activity will be verified as described in a verification plan that meets the requirements of paragraph (5).

(ii) The request for certification must contain the following additional information:

(A) A detailed description of how the credits will be generated by the pollutant reduction activity, including calculations, assumptions and photos.

(B) A map illustrating the locations of the proposed pollutant reduction activity.

(C) Details on the timing of credits, such as the timing of credit generation and delivery, timing of a phase-in period and the time frame for sale and use of credits toward permit effluent limits.

(D) The water quality classification under Chapter 93 (relating to water quality standards), and any applicable impairment listings under section 303(d) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1313(d)), for the receiving stream segment nearest the location of the proposed pollutant reduction activity.

(E) Information on sources of funding used to pay for any portion of the pollutant reduction activity, including the dollar amount and any conditions and restrictions regarding the use of the funds toward the generation or sale of credits.

(F) A description of how risks of failure of the pollutant reduction activity will be managed, such as the use of financial guarantee mechanisms, contractual arrangements, insurance products or reduction of the concentration of projects in a particular sub-watershed.

(G) A description of preservation and conservation easements on lands where the pollutant reduction activity is to be implemented.

(H) Identification of notations on documents submitted in the request which the person submitting the request claims to be confidential business information or a protected trade secret protected from disclosure by law, and a justification for the claims.

(I) The name of the person submitting the request and the names of the participants involved in the pollutant reduction activity.

(J) The professional qualifications of the persons who completed the calculations, conducted the baseline and threshold determinations or otherwise contributed to the technical merits of the request.

(K) Contact information for the person submitting the request.

(3) Calculation requirements. The following credit calculation requirements apply:

(i) The calculations must demonstrate how the pollutant reductions will be achieved from the proposed pollutant reduction activity to generate credits for the applicable period of time.

(ii) The pollutant reductions must be expressed in pounds per year.

(iii) The calculations used must be based on methodologies that the Department determines are appropriate under subsection (c).

(iv) The calculation for a point source may include excess load capacity attributable to activities such as effluent controls or the use of offsets.

(v) The calculation must include a 10% set aside for the Department’s credit reserve.

(vi) The Department may establish other calculation requirements necessary to ensure that the use of credits is effective in meeting water quality requirements, and to address uncertainty for reasons such as unforeseen events that may disrupt pollutant reduction activities. The calculation requirements may include the need to use trading ratios, risk-spreading mechanisms and credit reserves. These calculation requirements may reduce the amount of credits the Department may certify for a pollutant reduction activity.

(4) Other requirements considered for certification.

(i) The annual sum of all credits certified from nonpoint sources in this Commonwealth’s portion of the Chesapeake Bay Watershed may not exceed the applicable tradable load calculated by the Department for this Commonwealth’s portion of the Chesapeake Bay Watershed. The tradable load will be available on the Department’s Nutrient Trading web site.

(ii) If State or Federal funds are used to cost-share any portion of the pollutant reduction activity contained in the request for certification, the Department may allow the portion of the credits or offsets paid for by State and Federal funds to be available for certification, unless to restrict trading of that portion of the credits restrictions have been placed on the funds by the provider of the funds.

(iii) The Department will not certify a request that includes a pollutant reduction activity related to a farm land conversion action that includes the purchase and idling of a whole farm or a substantial portion of a farm to provide credits for use offsite. The Department will not certify a request that includes a pollutant reduction activity related to a farm land conversion action that includes farmland that is converted from agricultural land to another development type such as commercial or residential. However, to support farm land conservation programs, if a portion of farm land is retired or converted through a program such as one of the following, the action may be eligible for certification:

(A) The United States Department of Agriculture’s Farm Services Agency Conservation Reserve Program (CRP).

(B) The United States Department of Agriculture’s Conservation Reserve Enhanced Program (CREP).

(C) The United States Department of Agriculture’s Natural Resources and Conservation Service’s Environmental Quality Incentives Program (EQIP).

(5) Verification plan. A request for certification must contain a verification plan.

(i) The verification plan must include the methods for credit verification, such as the documentation of the implemented pollutant reduction activity, sufficient to allow the Department to verify that the pollutant reduction activity in the certification was properly implemented during the applicable compliance period.

(ii) The verification plan must also include one of the following methods. The method contained in the verification plan is subject to approval by the Department:

(A) Self-verification by the person responsible for implementing the pollutant reduction activity.

(B) Third-party verification.

(6) Certification by the Department. The Department will certify a pollutant reduction activity when it has determined that the requirements of paragraphs (1)—(5) have been met. In addition, the following apply:

(i) The Department may make a certification contingent on conditions to ensure that the requirements of this chapter will be satisfied.

(ii) The Department may only certify the pollutant reduction activity that will generate credits for use to meet permit effluent limits for the compliance period for which they are certified, verified and registered under this section.

(iii) The Department will only approve a request for certification for multiple compliance periods if the pollutant reduction activity that will generate the credits will be verified and registered separately for each compliance period.

(7) Compliance. A person to whom the Department issues a certification under this section shall comply with the terms and conditions of the certification.

(8) Duration of certification. The term of a certification is 5 years, unless the certification expressly states otherwise. To obtain a certification term longer than 5 years, a person requesting certification shall demonstrate to the Department’s satisfaction that a longer term is warranted based on technological or economic factors, taking into consideration the requirements for restoration, protection and maintenance of the water quality of the Chesapeake Bay.

(9) Renewal of certification.

(i) A person seeking renewal of a certification shall submit a written request for renewal at least 180 days prior to the expiration of the certification.

(ii) The Department will provide public notice and an opportunity for informal comment when an administratively complete request is submitted.

(iii) The Department’s final determination on a request for renewal will be based on the requirements of this section and on other applicable laws, water quality standards and requirements in effect at the time of the Department’s determination.

(iv) By April 13, 2015, the recipient of a certification issued prior to October 9, 2010, shall submit a request for renewal of the certification. The Department will process the request in accordance with this paragraph. This subparagraph does not apply to a certification containing an expiration date.

(10) Revocation. The Department may revoke a certification for failure to comply with the conditions of the certification.

(f) Verification requirements for the Chesapeake Bay.

(1) General. Credits must be verified prior to registration. The following applies to verification:

(i) Verification must be conducted as described in the approved verification plan.

(ii) Verification must demonstrate that the pollutant reduction activity has been implemented as described in the certification, and that other requirements, such as baseline and threshold, are met.

(2) The Department may conduct other verification activities, such as monitoring and conducting inspections and compliance audits, to ensure that the pollutant reduction obligations are being met.

(g) Registration requirements for the Chesapeake Bay.

(1) General. Credits must be registered by the Department before they may be applied to a permit to meet effluent limitations.

(2) Registration requirements. The following registration requirements apply:

(i) Credits must be certified under the provisions of subsection (e).

(ii) Credits must be addressed in a valid contract that ensures that the requirements of this section will be met.

(iii) Credits must be verified prior to registration, under subsection (f).

(iv) The Department will assign a registration number to each registered credit for reporting and tracking purposes.

(3) Failure to implement. The Department will not register credits if the person who generates the credits has not implemented, or demonstrates a lack of ability or intention to implement, operations and maintenance requirements contained in the certification, verification plan, or other requirements of this section. The Department will not register credits submitted by an aggregator that is currently not complying, or demonstrates a lack of ability or intention to comply, with this section.

(h) Use of credits and offsets to meet NPDES permit requirements related to the Chesapeake Bay.

(1) A permittee will only be authorized to use credits and offsets through the provisions of its NPDES permit. The permit conditions will require appropriate terms, such as recordkeeping, monitoring and tracking, and reporting in DMRs.

(2) Only credits and offsets generated from activities located within the Chesapeake Bay Watershed may be used to meet NPDES permit requirements related to the Chesapeake Bay. Credits generated in either the Susquehanna or Potomac basins may only be used in the basin in which they were generated, unless otherwise approved by the Department.

(3) A permittee shall ensure that the credits and offsets that the permittee applies to its permit for compliance purposes are certified, verified and registered, or approved, under this section for the compliance period in which they are used.

(4) The Department may authorize a period of 60 days or less following the completion of the annual compliance period in an NPDES permit, for a permittee to come into compliance through the application of credits and offsets to the permit provided that the credits were registered and offsets were approved for use during that compliance period.

(5) A permittee relying on credits to demonstrate compliance with its permit effluent limitations, conditions and stipulations under Chapter 92a shall attain and maintain compliance with its permit. A permittee is responsible for enforcing the terms of its trade contract, when needed to ensure compliance with its permit. The Department may waive this requirement where the pollutant reduction activity fails due to uncontrollable or unforeseeable circumstances such as extreme weather conditions, and timely notice is provided to the Department, if the following apply:

(i) The failure is not due to negligence or willfulness on the part of the permittee.

(ii) The Department determines that replacement credits will be available.

(iii) The Department determines that the requirements for restoration, protection and maintenance of the water quality of the Chesapeake Bay will be met due to the requirements of this section, which may include the type of methodologies used when certifying credits, the existence of an approved legal mechanism that is enforceable by the Department, and the use of a credit reserve.

(6) A permittee shall document the use of credits and offsets in DMR forms, which the permittee shall submit at the end of each compliance year or as otherwise provided or required in the permit. Credits and offsets shall only be used to meet permit effluent limits for the compliance period for which they are certified, verified and registered, or approved, by the Department under this section.

(i) Water quality and TMDLs.

(1) Use of credits and offsets under this section will be allowed only where surface water quality will be protected and maintained as required by applicable regulations, including this chapter, Chapters 92a and 93, as well as Department permits, schedules of compliance and orders.

(2) Use of credits and offsets under this section must ensure that there is no net increase in discharge of pollutants to the compliance point used for purposes of determining compliance with the water quality standards established by the states of Maryland and Virginia for restoration, protection and maintenance of water quality of the Chesapeake Bay.

(3) Where a TMDL has been established for the watershed where the permitted activity is located, the use of credits and offsets under this section will be consistent with the assumptions and requirements upon which the TMDL is based.

(4) Use of credits and offsets under this section will comply with the antidegradation requirements contained in Department regulations.

(j) Public participation. The Department will publish a notice in the Pennsylvania Bulletin of the receipt of administratively complete requests for certifications of a pollutant reduction activity to generate credits. The notice will provide an opportunity for informal comments. This notice is not required to follow the requirements of § 92a.82 (relating to public notice of permit applications and draft permits). The Department will also publish notice in the Pennsylvania Bulletin of its final certification determination.

(k) Use of credits and offsets generally. Nothing in this section precludes the Department from allowing the use of credits and offsets to be used to meet permit limits other than those established for restoration, protection and maintenance related to the water quality of the Chesapeake Bay.

The provisions of this § 96.8 issued under sections 5(b), 202, 307, and 402 of The Clean Streams Law (35 P. S. § § 691.5(b), 691.202, 691.307, and 691.402).

The provisions of this § 96.8 adopted October 8, 2010, effective October 9, 2010, 40 Pa.B. 5790.

History

• Authority: The provisions of this Chapter 96 issued under sections 5(b)(1) and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 96 adopted November 17, 2000, effective November 18, 2000, 30 Pa.

Chapter 102 Erosion and Sediment Control

25 Pa. Code § 102.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ABACT—Antidegradation best available combination of technologies— Environmentally sound and cost effective treatment, land disposal, pollution prevention and stormwater reuse BMPs that individually or collectively manage the difference in the net change in stormwater volume, rate, and quality for storm events up to and including the 2-year/24-hour storm when compared to the stormwater rate, volume and quality prior to the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth. Accelerated erosion—The removal of the surface of the land through the combined action of human activities and the natural processes, at a rate greater than would occur because of the natural process alone. Act 167—The Storm Water Management Act (32 P.S. § § 680.1—680.17)

Agricultural operation—The management and use of farming resources for production of crops, livestock, or poultry, or for equine activity. Agricultural plowing or tilling activity—

(i) Earth disturbance activity involving the preparation and maintenance of soil for the production of agricultural crops.

(ii) The term includes no-till cropping methods, the practice of planting crops with minimal mechanical tillage. Along—Touching or contiguous; to be in contact with; to abut upon. Animal heavy use area—

(i) Barnyard, feedlot, loafing area, exercise lot, or other similar area on an agricultural operation where due to the concentration of animals it is not possible to establish and maintain vegetative cover of a density capable of minimizing accelerated erosion and sedimentation by usual planting methods.

(ii) The term does not include entrances, pathways and walkways between areas where animals are housed or kept in concentration. BMPs—Best management practices—Activities, facilities, measures, planning or procedures used to minimize accelerated erosion and sedimentation and manage stormwater to protect, maintain, reclaim, and restore the quality of waters and the existing and designated uses of waters within this Commonwealth before, during, and after earth disturbance activities. Channel—A natural or manmade water conveyance. Conservation district—A conservation district, as defined in section 3(c) of the Conservation District Law (3 P.S. § 851(c)), which has the authority under a delegation agreement executed with the Department to administer and enforce all or a portion of the erosion, sediment, and stormwater management program in this Commonwealth. Conservation plan—A plan that identifies conservation practices and includes site specific BMPs for agricultural plowing or tilling activities and animal heavy use areas. Disturbed area—Unstabilized land area where an earth disturbance activity is occurring or has occurred. Earth disturbance activity—A construction or other human activity which disturbs the surface of the land, including land clearing and grubbing, grading, excavations, embankments, land development, agricultural plowing or tilling, operation of animal heavy use areas, timber harvesting activities, road maintenance activities, oil and gas activities, well drilling, mineral extraction, and the moving, depositing, stockpiling, or storing of soil, rock or earth materials. Erosion—The natural process by which the surface of the land is worn away by water, wind or chemical action. E&S Permit—Erosion and Sediment Control Permit—A permit required for earth disturbance activities where the earth disturbance is associated with timber harvesting, road maintenance activities, or oil and gas activities. E&S Plan—Erosion and Sediment Control Plan—A site-specific plan consisting of both drawings and a narrative that identifies BMPs to minimize accelerated erosion and sedimentation before, during and after earth disturbance activities. Intermittent stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing water, which, during periods of the year, is below the local water table and obtains its flow from both surface runoff and groundwater discharges. Licensed professional—Professional engineers, landscape architects, geologists and land surveyors licensed to practice in this Commonwealth. Long-term operation and maintenance—The routine inspection, maintenance, repair or replacement of a BMP to ensure proper function for the duration of time that the BMP is needed. Municipality—A county, city, borough, town, township, school district, institution or authority or another public body created by or pursuant to State law. For purposes of this definition, town includes an incorporated town. NOI—Notice of Intent—A request, on a form provided by the Department, for coverage under a General NPDES Permit for Stormwater Discharges Associated With Construction Activities or an E&S Permit. NPDES—National Pollutant Discharge Elimination System—The National system for the issuance of permits under section 402 of the Federal Clean Water Act (33 U.S.C.A. § 1342) including a state or interstate program which has been approved in whole or in part by the EPA, including the regulations codified in Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance), and as specified in this chapter.

NPDES Permit for Stormwater Discharges Associated With Construction Activities—A permit required for the discharge or potential discharge of stormwater into waters of this Commonwealth from construction activities, including clearing and grubbing, grading and excavation activities involving 1 acre (0.4 hectare) or more of earth disturbance activity or an earth disturbance activity on any portion, part, or during any stage of, a larger common plan of development or sale that involves 1 acre (0.4 hectare) or more of earth disturbance activity over the life of the project. Nondischarge alternative—Environmentally sound and cost-effective BMPs that individually or collectively eliminate the net change in stormwater volume, rate and quality for storm events up to and including the 2-year/24-hour storm when compared to the stormwater rate, volume and quality prior to the earth disturbance activities to maintain and protect the existing quality of the receiving surface waters of this Commonwealth. Normal pool elevation—

(i) For bodies of water which have no structural measures to regulate height of water, the height of water at ordinary stages of low water unaffected by drought.

(ii) For structurally regulated bodies of water, the elevation of the spillway, outlet control, or dam crest which maintains the body of water at a specified height.

(iii) The term does not apply to wetlands. Notice of termination—A request, on a form provided by the Department, to terminate coverage under a General or Individual NPDES Permit for Stormwater Discharges Associated With Construction Activities or other permits under this chapter. Oil and gas activities—Earth disturbance associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities. Operator—A person who has one or more of the following:

(i) Oversight responsibility of earth disturbance activity on a project site or a portion thereof who has the ability to make modifications to the E&S Plan, PCSM Plan or site specifications.

(ii) Day-to-day operational control over earth disturbance activity on a project site or a portion thereof to ensure compliance with the E&S Plan or PCSM Plan. PCSM—Post construction stormwater management. PCSM plan—A site-specific plan consisting of both drawings and a narrative that identifies BMPs to manage changes in stormwater runoff volume, rate and water quality after earth disturbance activities have ended and the project site is permanently stabilized. PPC plan—Preparedness, Prevention and Contingency Plan—A written plan that identifies an emergency response program, material and waste inventory, spill and leak prevention and response, inspection program, housekeeping program, security and external factors, and that is developed and implemented at the construction site to control potential discharges of pollutants other than sediment into waters of this Commonwealth. Perennial stream—A body of water flowing in a channel or bed composed primarily of substrates associated with flowing waters and capable, in the absence of pollution or other manmade stream disturbances, of supporting a benthic macro-invertebrate community which is composed of two or more recognizable taxonomic groups of organisms which are large enough to be seen by the unaided eye and can be retained by a United States Standard No. 30 sieve (28 meshes per inch, 0.595 mm openings) and live at least part of their life cycles within or upon available substrates in a body of water or water transport system. Perimeter BMPs—BMPs placed or constructed along the perimeter of an earth disturbance area to prevent runoff from entering the disturbed area, or to capture and treat sediment runoff prior to leaving a disturbed area. Permanent stabilization—Long-term protection of soil and water resources from accelerated erosion. Person—Any operator, individual, public or private corporation, partnership, association, municipality or political subdivision of this Commonwealth, institution, authority, firm, trust, estate, receiver, guardian, personal representative, successor, joint venture, joint stock company, fiduciary; Department, agency or instrumentality of State, Federal or local government, or an agent or employee thereof; or any other legal entity. Pollutant—Any contaminant or other alteration of the physical, chemical, biological or radiological integrity of surface water which causes or has the potential to cause pollution as defined in section 1 of The Clean Streams Law (35 P. S. § 691.1). Post construction stormwater—Stormwater associated with a project site after the earth disturbance activity has been completed and the project site is permanently stabilized. Project site—The entire area of activity, development, lease or sale including:

(i) The area of an earth disturbance activity.

(ii) The area planned for an earth disturbance activity.

(iii) Other areas which are not subject to an earth disturbance activity. Riparian buffer—A BMP that is an area of permanent vegetation along surface waters. Riparian forest buffer—A type of riparian buffer that consists of permanent vegetation that is predominantly native trees, shrubs and forbs along surface waters that is maintained in a natural state or sustainably managed to protect and enhance water quality, stabilize stream channels and banks, and separate land use activities from surface waters. Road maintenance activities—

(i) Earth disturbance activities within the existing road cross-section or railroad right-of-way including the following:

(A) Shaping or restabilizing unpaved roads.

(B) Shoulder grading.

(C) Slope stabilization.

(D) Cutting of existing cut slopes.

(E) Inlet and endwall cleaning.

(F) Reshaping and cleaning drainage ditches and swales.

(G) Pipe cleaning.

(H) Pipe replacement.

(I) Support activities incidental to resurfacing activities such as minor vertical adjustment to meet grade of resurfaced area.

(J) Ballast cleaning.

(K) Laying additional ballast.

(L) Replacing ballast, ties and rails.

(M) Other similar activities.

(ii) The existing road cross-section consists of the original graded area between the existing toes of fill slopes and tops of cut slopes on either side of the road and any associated drainage features. Sediment—Soils or other erodible materials transported by stormwater as a product of erosion. Sedimentation—The action or process of forming or depositing sediment in waters of this Commonwealth. Soil loss tolerance (T)—The maximum amount of soil loss, in tons/acre/year, that a given soil type can tolerate and still permit a high level of crop production to be sustained economically and indefinitely. T values for various soil types may be obtained from the Pennsylvania Soil and Water Conservation Technical Guide, USDA NRCS, 1991 (as amended and updated). Stabilization—The proper placing, grading, constructing, reinforcing, lining, and covering of soil, rock or earth to ensure their resistance to erosion, sliding or other movement. Stormwater—Runoff from precipitation, snowmelt, surface runoff and drainage. Surface waters—Perennial and intermittent streams, rivers, lakes, reservoirs, ponds, wetlands, springs, natural seeps, and estuaries, excluding water at facilities approved for wastewater treatment such as wastewater treatment impoundments, cooling water ponds, and constructed wetlands used as part of a wastewater treatment process. Timber harvesting activities—Earth disturbance activities including the construction of skid trails, logging roads, landing areas and other similar logging or silvicultural practices. Top of streambank—First substantial break in slope between the edge of the bed of the stream and the surrounding terrain. The top of streambank can either be a natural or constructed (that is, road or railroad grade) feature, lying generally parallel to the watercourse. Waters of this Commonwealth—Rivers, streams, creeks, rivulets, impoundments, ditches, watercourses, storm sewers, lakes, dammed water, wetlands, ponds, springs and other bodies or channels of conveyance of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth.

The provisions of this § 102.1 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.1 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (322707) to (322708) and (313625) to (313626).

This section cited in 25 Pa. Code § 78a.1 (relating to definitions).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.2 Scope and purpose.

(a) This chapter requires persons proposing or conducting earth disturbance activities to develop, implement and maintain BMPs to minimize the potential for accelerated erosion and sedimentation and to manage post construction stormwater.

(b) The BMPs shall be undertaken to protect, maintain, reclaim and restore water quality and the existing and designated uses of waters of this Commonwealth.

The provisions of this § 102.2 amended under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.2 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial page (313626).

Duty

Chapter 102 places the burden upon the contractor or other person involved with each disturbance, not the Department, to develop, implement and maintain controls to minimize the potential for accelerated erosion and sedimentation. Leeward Construction Co. v. Department of Environmental Protection, 821 A.2d 145 (Pa. Cmwlth. 2003); appeal denied 827 A.2d 431 (Pa. 2003).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.4 Erosion and sediment control requirements.

(a) For agricultural plowing or tilling activities or for animal heavy use areas, the following erosion and sediment control requirements apply:

(1) The implementation and maintenance of erosion and sediment control BMPs are required to minimize the potential for accelerated erosion and sedimentation, including for those activities which disturb less than 5,000 square feet (464.5 square meters).

(2) Written E&S Plans are required for the following activities that disturb 5,000 square feet (464.5 square meters) or more of land:

(i) Agricultural plowing or tilling activities.

(ii) Animal heavy use areas.

(3) The landowner, and any lessee, renter, tenant or other land occupier, conducting or planning to conduct agricultural plowing or tilling activities, or operating an animal heavy use area, are jointly and individually responsible for developing a written E&S Plan and implementing and maintaining BMPs, including those identified in the E&S Plan.

(4) The E&S Plan must include cost-effective and reasonable BMPs designed to minimize the potential for accelerated erosion and sedimentation from agricultural plowing or tilling activities and animal heavy use areas.

(i) For agricultural plowing or tilling activities, the E&S Plan must, at a minimum, limit soil loss from accelerated erosion to the soil loss tolerance (T) over the planned crop rotation.

(ii) For agricultural plowing and tilling activities that will occur on fields with less than 25% plant cover or crop residue cover and within 100 feet of a river, or perennial or intermittent stream, additional BMPs shall be implemented to minimize accelerated erosion and sedimentation.

(iii) For animal heavy use areas, the E&S Plan must identify BMPs to minimize accelerated erosion and sedimentation. BMPs and their design standards are listed in the current amended and updated version of the appropriate National Resources Conservation Service conservation practice standards such as Heavy Use Area Protection, Critical Area Planting, Fencing, Wastewater Treatment Strip, Constructed Wetland, Use Exclusion, Animal Trails and Walkways, Diversions and Roof Runoff Structure.

(5) The E&S Plan must contain plan maps that show the location of features including surface waters of this Commonwealth, and drainage patterns, field and property boundaries, buildings and farm structures, animal heavy use areas, roads and crossroads, and BMPs; soils maps; and a description of BMPs including animal heavy use area practices and procedures, tillage systems, schedules, and crop rotations. The plan must be consistent with the current conditions and activities on the agricultural operation.

(6) The E&S Plan must contain an implementation schedule. The plan shall be implemented according to the schedule, and the BMPs shall be operated and maintained as long as there are agricultural plowing or tilling activities or animal heavy use areas, on the agricultural operation.

(7) The portion of a conservation plan that identifies BMPs utilized to minimize accelerated erosion and sedimentation from agricultural plowing or tilling activities, or from operation of animal heavy use areas, may be used to satisfy the E&S Plan requirements of this subsection if it meets the requirements of paragraphs (4)—(6).

(8) The E&S Plan shall be available for review and inspection at the agricultural operation.

(9) Nothing in this section negates the requirements under other provisions of this chapter, such as those applicable to construction activities.

(b) For earth disturbance activities other than agricultural plowing or tilling or animal heavy use areas, the following erosion and sediment control requirements apply:

(1) The implementation and maintenance of E&S BMPs are required to minimize the potential for accelerated erosion and sedimentation, including those activities which disturb less than 5,000 square feet (464.5 square meters).

(2) A person proposing earth disturbance activities shall develop and implement a written E&S Plan under this chapter if one or more of the following criteria apply:

(i) The earth disturbance activity will result in a total earth disturbance of 5,000 square feet (464.5 square meters) or more.

(ii) The person proposing the earth disturbance activities is required to develop an E&S Plan under this chapter or under other Department regulations.

(iii) The earth disturbance activity, because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water under Chapter 93 (relating to water quality standards).

(3) The E&S Plan shall be prepared by a person trained and experienced in E&S control methods and techniques applicable to the size and scope of the project being designed.

(4) Unless otherwise authorized by the Department or conservation district after consultation with the Department, earth disturbance activities shall be planned and implemented to the extent practicable in accordance with the following:

(i) Minimize the extent and duration of the earth disturbance.

(ii) Maximize protection of existing drainage features and vegetation.

(iii) Minimize soil compaction.

(iv) Utilize other measures or controls that prevent or minimize the generation of increased stormwater runoff.

(5) The E&S Plan must contain drawings and narrative which describe the following:

(i) The existing topographic features of the project site and the immediate surrounding area.

(ii) The types, depth, slope, locations and limitations of the soils.

(iii) The characteristics of the earth disturbance activity, including the past, present and proposed land uses and the proposed alteration to the project site.

(iv) The volume and rate of runoff from the project site and its upstream watershed area.

(v) The location of all surface waters of this Commonwealth which may receive runoff within or from the project site and their classification under Chapter 93.

(vi) A narrative description of the location and type of perimeter and onsite BMPs used before, during and after the earth disturbance activity.

(vii) A sequence of BMP installation and removal in relation to the scheduling of earth disturbance activities, prior to, during and after earth disturbance activities that ensure the proper functioning of all BMPs.

(viii) Supporting calculations and measurements.

(ix) Plan drawings.

(x) A maintenance program which provides for the operation and maintenance of BMPs and the inspection of BMPs on a weekly basis and after each stormwater event, including the repair or replacement of BMPs to ensure effective and efficient operation. The program must provide for completion of a written report documenting each inspection and all BMP repair, or replacement and maintenance activities.

(xi) Procedures which ensure that the proper measures for the recycling or disposal of materials associated with or from the project site will be undertaken in accordance with this title.

(xii) Identification of the naturally occurring geologic formations or soil conditions that may have the potential to cause pollution during earth disturbance activities and include BMPs to avoid or minimize potential pollution and its impacts from the formations.

(xiii) Identification of potential thermal impacts to surface waters of this Commonwealth from the earth disturbance activity including BMPs to avoid, minimize or mitigate potential pollution from thermal impacts.

(xiv) The E&S Plan shall be planned, designed and implemented to be consistent with the PCSM Plan under § 102.8 (relating to PCSM requirements). Unless otherwise approved by the Department, the E&S Plan must be separate from the PCSM Plan and labeled ‘‘E&S’’ or ‘‘Erosion and Sediment Control Plan’’ and be the final plan for construction.

(xv) Identification of existing and proposed riparian forest buffers.

(6) To satisfy the antidegradation implementation requirements in § 93.4c(b) (relating to implementation of antidegredation requirements), for an earth disturbance activity that requires a permit under this chapter and for which any receiving surface waters of this Commonwealth is classified as High Quality or Exceptional Value under Chapter 93, the person proposing the activity shall, in the permit application, do the following:

(i) Evaluate and include nondischarge alternatives in the E&S Plan, unless a person demonstrates that nondischarge alternatives do not exist for the project.

(ii) If the person makes the demonstration in subparagraph (i) that nondischarge alternatives do not exist for the project, the E&S Plan must include ABACT, except as provided in § 93.4c(b)(1)(iii).

(iii) For purposes of this chapter, nondischarge alternatives and ABACT and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008 (April 2000), as amended and updated.

(7) The Department may approve alternative BMPs which will maintain and protect existing water quality and existing and designated uses.

(8) The E&S Plan, inspection reports and monitoring records shall be available for review and inspection by the Department or the conservation district at the project site during all stages of the earth disturbance activity.

(9) Upon complaint or site inspection, the Department or conservation district may require that the E&S Plan be submitted for review and approval to ensure compliance with this chapter.

(c) The Department may require, or the conservation district after consultation with the Department may require, other information necessary to adequately review a plan, or may require alternative BMPs, on a case-by-case basis, when necessary to ensure the maintenance and protection of water quality and existing and designated uses.

(d) A person proposing or conducting an earth disturbance activity shall obtain the other necessary permits and authorizations from the Department or conservation district, related to the earth disturbance activity, before commencing the earth disturbance activity.

(e) Persons proposing an earth disturbance activity that requires permit coverage under § 102.5 (relating to permit requirements) shall have permit coverage prior to commencing the earth disturbance activity.

The provisions of this § 102.4 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.4 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended February 3, 1978, effective February 20, 1978, 8 Pa.B. 288; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (336605) to (336608).

Compliance Required

Failure of the DER to notify operators of the requirements for erosion control plans until one and a half years after adoption of the regulations did not excuse an operator from compliance. Department of Environmental Resources v. Federal Oil and Gas Company, 73 Pa. D.&C.2d 148 (1975).

Controlling Erosion

The company was required to implement and maintain adequate erosion and sedimentation controls at the site so as to prevent accelerated erosion and sedimentation. Harbison-Walker Refractories v. Department of Environmental Protection, 1996 EHB 116.

Under this regulation, control measures and regulations are clearly required, even in development activities where permits are not necessary and safeguards are clearly available to protect against possible adverse secondary erosion and sedimentation effects in a watershed. Community College of Delaware County v. Fox, 342 A.2d 468 (Pa. Cmwlth. 1975).

Limited Liability

An independent drilling contractor who prepared the gas well drilling site for the lessee of an oil and gas lease was not a person engaged in earth moving activities and cannot be charged with failure to develop and implement an erosion control plan, but would be held jointly and severally liable for discharges of oil and drilling fines from the gas well operation site. Department of Environmental Resources v. Federal Oil and Gas Company, 73 Pa. D. & C.2d 148 (1975).

Stormwater

Subdivision developer, while engaged in land development activities, had a duty to properly manage storm water runoff. This duty included compliance with a governmental district’s request to provide a storm water management plan to enable the township to properly reconstruct a road. Frisch v. Penn Township, 662 A.2d 1166 (Pa. Cmwlth. 1995); appeal denied 684 A.2d 559 (Pa. 1996).

This section cited in 25 Pa. Code § 102.5 (relating to permit requirements); 25 Pa. Code § 102.6 (relating to permit applications and fees); 25 Pa. Code § 102.7 (relating to permit termination); 25 Pa. Code § 102.8 (relating to PCSM requirements); and 25 Pa. Code § 102.14 (relating to riparian buffer requirements).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.5 Permit requirements.

(a) Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting activities or road maintenance activities, a person proposing an earth disturbance activity that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, or an earth disturbance on any portion, part, or during any stage of, a larger common plan of development or sale that involves equal to or greater than 1 acre (0.4 hectare) of earth disturbance, shall obtain an individual NPDES Permit or coverage under a general NPDES permit for Stormwater Discharges Associated With Construction Activities prior to commencing the earth disturbance activity. In addition to other applicable requirements, persons required to obtain an Individual NPDES Permit for Stormwater Discharges Associated With Construction Activities for projects proposed in special protection watersheds shall evaluate and use BMPs in accordance with antidegradation requirements in § § 102.4(b)(6) and 102.8(h) (relating to erosion and sediment control requirements; and PCSM requirements) regardless of whether the discharge is new, additional or increased.

(b) A person proposing a timber harvesting or road maintenance activity involving 25 acres (10 hectares) or more of earth disturbance shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.

(c) A person proposing oil and gas activities that involve 5 acres (2 hectares) or more of earth disturbance over the life of the project shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.

(d) Other than agricultural plowing or tilling activities, animal heavy use areas, timber harvesting or road maintenance activities, a person proposing earth disturbance activities that involve 5 acres (2 hectares) or more of earth disturbance over the life of the project that do not require a permit under subsections (a), (b), and (c), shall obtain an E&S Permit under this chapter prior to commencing the earth disturbance activity.

(e) For earth disturbance activities authorized by a permit under this chapter, a preconstruction meeting is required unless the permittee has been notified otherwise in writing by the Department or conservation district. The permittee shall invite the Department or conservation district to attend the preconstruction meeting and provide at least 7 days notice of the preconstruction meeting to all invited attendees. Permittees, co-permittees, operators, and licensed professionals or designees responsible for the earth disturbance activity, including implementation of E&S and PCSM Plans and critical stages of implementation of the approved PCSM Plan, shall attend a preconstruction meeting.

(f) A person proposing earth disturbance activities requiring a permit or permit coverage under this chapter shall be responsible to ensure implementation of the PCSM Plan.

(g) A person proposing or conducting an earth disturbance activity approved under a Department permit issued under a chapter other than Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance) or this chapter, which includes requirements to comply with Chapter 92 and this chapter, need not obtain an additional E&S Permit or NPDES Permit for Stormwater Discharges Associated With Construction Activities.

(h) Operators who are not the permittee shall be co-permittees.

(i) A person proposing or conducting an earth disturbance activity associated with discharging dredged or fill material to waters of the United States which is required to obtain a permit or coverage under a permit under section 404 of the Federal Clean Water Act (33 U.S.C.A. § 1344) need not obtain an additional E&S Permit or NPDES Permit for Stormwater Discharges Associated With Construction Activities for the area of disturbance covered by the Clean Water Act section 404 permit.

(j) A person proposing or conducting agricultural plowing or tilling activities or animal heavy use areas is not required to obtain an E&S Permit, or an NPDES Permit for Stormwater Discharges Associated With Construction Activities, for these activities under this chapter.

(k) A person proposing or conducting an earth disturbance activity who is not required to obtain a permit under this chapter shall comply with the other provisions of this chapter.

(l) A person shall prepare and implement a PPC Plan when storing, using or transporting materials including: fuels, chemicals, solvents, pesticides, fertilizers, lime, petrochemicals, wastewater, wash water, core drilling wastewater, cement, sanitary wastes, solid wastes or hazardous materials onto, on or from the project site during earth disturbance activities. The PPC Plan shall be available upon request by the Department or conservation district.

(m) The Department may issue general permits for activities not subject to NPDES requirements.

(1) Authorization. The Department may issue a general permit on a regional or Statewide basis or limited to specific watersheds, particular categories of streams or designated geographic regions, for a category of activities not subject to the NPDES requirements, but regulated under this chapter, if the Department determines the following:

(i) The projects in the category are similar in nature.

(ii) The projects in the category can be adequately regulated utilizing standardized specifications and conditions, including reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulate the particular category of activities.

(iii) The projects which are in the category and meet the specifications and conditions will comply with this chapter.

(iv) The projects which are in the category in the opinion of the Department are more appropriately controlled under a general permit than under individual permits.

(v) The projects which are in the category individually and cumulatively do not have the potential to cause significant adverse environmental impact.

(2) Contents of general permits. Each general permit issued by the Department will include the following contents:

(i) A concise description of the category of activity covered by the general permit, including exceptions to that category.

(ii) A specification of the watersheds, streams or geographic areas where the general permit is effective.

(iii) A set of standardized specifications for the particular category of activity or a reference to specific criteria and requirements adopted by another Federal or State agency which adequately regulates the particular category of activity.

(iv) A set of conditions governing the activities, operation, maintenance, inspection and monitoring of the projects covered by the general permit as are necessary to assure compliance with this chapter and with other laws administered by the Department.

(v) A specification of the process for obtaining coverage under and authorization to use the general permit.

(3) Procedure for issuance.

(i) At least 30 days prior to issuance of a general permit, the Department:

(A) Will publish notice in the Pennsylvania Bulletin of intent to issue a general permit, including the text of the proposed general permit.

(B) Will provide an opportunity for interested members of the public, Federal and State agencies to provide written comments on a proposed general permit.

(C) May, at its discretion, hold a public hearing on a proposed general permit for the purposes of gathering information and comments.

(ii) Upon issuance of a general permit, the Department will place a notice in the Pennsylvania Bulletin of the availability of the general permit.

(4) Compliance with permit conditions, regulations and laws. A person who conducts an activity under a general permit issued under this subsection shall comply with the terms and conditions of the general permit, with this chapter and other applicable laws.

(5) Adminstration of general permits. General permits may be issued, amended, suspended, revoked, reissued or terminated under this chapter. Issuance of a general permit does not exempt a person from compliance with this title.

(6) Denial of coverage. The Department may deny, revoke, suspend or terminate coverage under a general permit for failure to comply with The Clean Streams Law (35 P.S. § § 691.1—691.1001), this chapter or the conditions of the general permit and the Department may require the person to apply for an individual permit.

The provisions of this § 102.5 amended under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.5 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (336608) and (272271).

If an erosion and sedimentation control plan, together with supplementary material submitted, includes numerous drawings detailing the topography of the area, results of test borings, and a soil description, then the plan contains sufficient information as to topographic features and soil characteristics. Mignatti Construction Co., Inc. v. Environmental Hearing Board, 411 A.2d 860 (Pa. Cmwlth. 1980).

This section cited in 25 Pa. Code § 78a.15 (relating to applications requirements); 25 Pa. Code § 78a.55 (relating to control and disposal planning; emergency response for unconventional wells); 25 Pa. Code § 78a.65 (relating to site restoration); 25 Pa. Code § 78a.67 (relating to borrow pits); 25 Pa. Code § 78a.68a (relating to horizontal directional drilling for oil and gas pipelines); 25 Pa. Code § 102.4 (relating to erosion and sediment control requirements); 25 Pa. Code § 102.6 (relating to permit applications and fees); and 25 Pa. Code § 102.43 (relating to withholding permits).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.6 Permit applications and fees.

(a) Permit requirements. A person proposing or conducting an earth disturbance activity which requires a permit under § 102.5 (relating to permit requirements) shall:

(1) Submit to the Department or a conservation district a complete application or NOI, an E&S Plan meeting the requirements of § 102.4 (relating to erosion and sediment control requirements), a PCSM Plan meeting the requirements of § 102.8 (relating to PCSM requirements), and other information the Department may require. Unless otherwise specified in this chapter, for NPDES permits, the application or NOI must also meet the requirements in Chapter 92 (relating to National Pollutant Discharge Elimination System permitting, monitoring and compliance).

(2) Provide proof of consultation with the Pennsylvania Natural Heritage Program (PNHP) regarding the presence of a State or Federal threatened or endangered species on the project site. If the Department or conservation district determines, based upon PNHP data or other sources, that the proposed earth disturbance activity may adversely impact the species or critical habitat, the person proposing the earth disturbance activity shall consult with the Department or conservation district to avoid or prevent the impact. If the impact cannot be avoided or prevented, the person proposing the activity shall demonstrate how the impacts will be minimized in accordance with State and Federal laws pertaining to the protection of threatened or endangered flora and fauna and their habitat.

(b) Permit fees.

(1) A person submitting a permit application or NOI shall submit a fee as follows: a $500 administrative filing fee for general permits and a $1,500 administrative filing fee for individual permits. In addition, $100 for each disturbed acre is required to be added to the base administrative filing fee for projects of 1 acre or greater of disturbance. The fees will be calculated based upon the following formula: base fee plus $100 for each disturbed acre. For fractional acreage, the acreage shall be rounded to the closest whole number.

(2) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report will identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and contain recommendations to adjust fees to eliminate the disparity, including recommendations for regulatory amendments.

(3) Conservation districts may charge additional fees in accordance with section 9(13) of the Conservation District Law (3 P.S. § 857(13)).

(4) A Federal or State agency or independent State commission that provides funding for program administration by the Department through terms and conditions of a mutual agreement may be exempt from the fees in this section.

(5) Fees collected by the Department or conservation district under this chapter will be deposited into a restricted revenue account known as the Clean Water Fund and utilized to offset the operating costs to administer the program.

(c) Complete applications or NOI.

(1) An application or NOI for a permit is not complete until the necessary information and requirements under The Clean Streams Law (35 P.S. § § 691.1—691.1001) and this chapter have been satisfied by the applicant.

(2) When the Department or conservation district determines that an application or NOI is incomplete or contains insufficient information to determine compliance with this chapter, it will notify the applicant in writing. The applicant shall have 60 days to provide the information necessary to complete the application or NOI, or the Department or conservation district will consider the application to be withdrawn by the applicant. Requests for a specific extension may be sought by the applicant in writing. The applicant will be notified in writing when an application or NOI is considered withdrawn. When an application or NOI is considered withdrawn, the Department or conservation district will close the application file and take no action to review the file.

(3) If the application has been withdrawn in accordance with subsection (c)(2), the fees associated with filing the application will not be refunded.

The provisions of this § 102.6 issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.6 adopted December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (272271) to (272272).

This section cited in 25 Pa. Code § 78a.15 (relating to applications requirements).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.7 Permit termination.

(a) Upon permanent stabilization of the earth disturbance activity under § 102.22(a)(2) (relating to permanent stabilization), and installation of BMPs in accordance with an approved plan prepared and implemented in accordance with § § 102.4 and 102.8 (relating to erosion and sediment control requirements; and PCSM requirements), the permittee or co-permittee shall submit a notice of termination to the Department or conservation district.

(b) The notice of termination must include:

(1) The facility name, address and location.

(2) The operator name and address.

(3) The permit number.

(4) The reason for permit termination.

(5) Identification of the persons who have agreed to and will be responsible for long-term operation and maintenance of the PCSM BMPs in accordance with § 102.8(m) and proof of compliance with § 102.8(m)(2).

(c) Until the permittee or co-permittee has received written approval of a notice of termination, the permittee or co-permittee will remain responsible for compliance with the permit terms and conditions including long-term operation and maintenance of all PCSM BMPs on the project site and is responsible for violations occurring on the project site. The Department or conservation district will conduct a final inspection and approve or deny the notice of termination within 30 days.

The provisions of this § 102.7 issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.7 adopted December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial page (272272).

This section cited in 25 Pa. Code § 102.8 (relating to PCSM requirements).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.8 PCSM requirements.

(a) PCSM applicability. After November 19, 2010, a person proposing a new earth disturbance activity that requires permit coverage under this chapter or other new Department permit that requires compliance with this chapter shall be responsible to ensure that a written PCSM Plan is developed, implemented, operated and maintained in accordance with this section. A person conducting earth disturbance activities under a permit issued before November 19, 2010, and renewed prior to January 1, 2013, shall implement, operate and maintain the PCSM requirements in accordance with the terms and conditions of the existing permit. After January 1, 2013, the renewal of a permit issued before November 19, 2010, shall comply with this section.

(b) General PCSM planning and design. The management of post construction stormwater shall be planned and conducted to the extent practicable in accordance with the following:

(1) Preserve the integrity of stream channels and maintain and protect the physical, biological and chemical qualities of the receiving stream.

(2) Prevent an increase in the rate of stormwater runoff.

(3) Minimize any increase in stormwater runoff volume.

(4) Minimize impervious areas.

(5) Maximize the protection of existing drainage features and existing vegetation.

(6) Minimize land clearing and grading.

(7) Minimize soil compaction.

(8) Utilize other structural or nonstructural BMPs that prevent or minimize changes in stormwater runoff.

(c) Consistency with E&S Plan. The PCSM Plan shall be planned, designed and implemented to be consistent with the E&S Plan under § 102.4(b) (relating to erosion and sediment control requirements).

(d) Separate plan. Unless otherwise approved by the Department, the PCSM Plan must be separate from the E&S Plan and labeled ‘‘PCSM’’ or ‘‘Post Construction Stormwater Management Plan’’ and be the final plan for construction.

(e) PCSM Plan preparer requirements. The PCSM Plan shall be prepared by a person trained and experienced in PCSM design methods and techniques applicable to the size and scope of the project being designed.

(f) PCSM Plan contents. The PCSM Plan must contain drawings and a narrative consistent with the requirements of this chapter. The PCSM Plan shall be designed to minimize the threat to human health, safety and the environment to the greatest extent practicable. PCSM Plans must contain at a minimum the following:

(1) The existing topographic features of the project site and the immediate surrounding area.

(2) The types, depth, slope, locations and limitations of the soils and geologic formations.

(3) The characteristics of the project site, including the past, present and proposed land uses and the proposed alteration to the project site.

(4) An identification of the net change in volume and rate of stormwater from preconstruction hydrology to post construction hydrology for the entire project site and each drainage area.

(5) An identification of the location of surface waters of this Commonwealth, which may receive runoff within or from the project site and their classification under Chapter 93 (relating to water quality standards).

(6) A written description of the location and type of PCSM BMPs including construction details for permanent stormwater BMPs including permanent stabilization specifications and locations.

(7) A sequence of PCSM BMP implementation or installation in relation to earth disturbance activities of the project site and a schedule of inspections for critical stages of PCSM BMP installation.

(8) Supporting calculations.

(9) Plan drawings.

(10) A long-term operation and maintenance schedule, which provides for inspection of PCSM BMPs, including the repair, replacement, or other routine maintenance of the PCSM BMPs to ensure proper function and operation. The program must provide for completion of a written report documenting each inspection and all BMP repair and maintenance activities and how access to the PCSM BMPs will be provided.

(11) Procedures which ensure that the proper measures for recycling or disposal of materials associated with or from the PCSM BMPs are in accordance with Department laws, regulations and requirements.

(12) An identification of naturally occurring geologic formations or soil conditions that may have the potential to cause pollution after earth disturbance activities are completed and PCSM BMPs are operational and development of a management plan to avoid or minimize potential pollution and its impacts.

(13) An identification of potential thermal impacts from post construction stormwater to surface waters of this Commonwealth including BMPs to avoid, minimize or mitigate potential pollution from thermal impacts.

(14) A riparian forest buffer management plan when required under § 102.14 (relating to riparian buffer requirements).

(15) Additional information requested by the Department.

(g) PCSM Plan stormwater analysis. Except for regulated activities that require site restoration or reclamation, and small earth disturbance activities identified in subsection (n), PCSM Plans for proposed activities requiring a permit under this chapter require the following additional information:

(1) Predevelopment site characterization and assessment of soil and geology including appropriate infiltration and geotechnical studies that identify location and depths of test sites and methods used.

(2) Analysis demonstrating that the PCSM BMPs will meet the volume reduction and water quality requirements specified in an applicable Department approved and current Act 167 stormwater management watershed plan; or manage the net change for storms up to and including the 2-year/24-hour storm event when compared to preconstruction runoff volume and water quality. The analysis for the 2-year/24-hour storm event shall be conducted using the following minimum criteria:

(i) Existing predevelopment nonforested pervious areas must be considered meadow in good condition or its equivalent except for repair, reconstruction or restoration of roadways or rail lines, or construction, repair, reconstruction or restoration of utility infrastructure when the site will be returned to existing condition.

(ii) When the existing project site contains impervious area, 20% of the existing impervious area to be disturbed must be considered meadow in good condition or better, except for repair, reconstruction or restoration of roadways or rail lines, or construction, repair, reconstruction, or restoration of utility infrastructure when the site will be returned to existing condition.

(iii) When the existing site contains impervious area and the existing site conditions have public health, safety or environmental limitations, the applicant may demonstrate to the Department that it is not practicable to satisfy the requirement in subparagraph (ii), but the stormwater volume reduction and water quality treatment will be maximized to the extent practicable to maintain and protect existing water quality and existing and designated uses.

(iv) Approaches other than that required under paragraph (2) may be proposed by the applicant when the applicant demonstrates to the Department that the alternative will either be more protective than required under paragraph (2) or will maintain and protect existing water quality and existing and designated uses by maintaining the site hydrology, water quality, and erosive impacts of the conditions prior to initiation of any earth disturbance activities.

(3) Analysis demonstrating that the PCSM BMPs will meet the rate requirements specified in an applicable Department approved and current Act 167 stormwater management watershed plan; or manage the net change in peak rate for the 2-, 10-, 50-, and 100-year/24-hour storm events in a manner not to exceed preconstruction rates.

(i) Hydrologic computations or a routing analysis are required to demonstrate that this requirement has been met.

(ii) Exempt from this requirement are Department- approved direct discharges to tidal areas or Department-approved no detention areas.

(iii) Approaches other than that required under paragraph (3) may be proposed by the applicant when the applicant demonstrates to the Department that the alternative will either be more protective than required under paragraph (3) or will maintain and protect existing water quality and existing and designated uses by maintaining the preconstruction site hydrologic impact.

(4) Identification of the methodologies for calculating the total runoff volume and peak rate of runoff and provide supporting documentation and calculations.

(5) Identification of construction techniques or special considerations to address soil and geologic limitations.

(6) The Department may require, or after consultation with the Department a conservation district may require additional information necessary to adequately review a PCSM Plan or may require additional BMPs, on a case-by-case basis, when necessary to ensure the restoration, maintenance and protection of water quality and existing and designated uses.

(h) PCSM implementation for special protection waters. To satisfy the antidegradation implementation requirements in § 93.4c(b) (relating to implementation of antidegradation requirements), an earth disturbance activity that requires a permit under this chapter and for which any receiving water that is classified as High Quality or Exceptional Value under Chapter 93, the person proposing the activity shall, in the permit application, do the following:

(1) Evaluate and include nondischarge alternatives in the PCSM Plan unless a person demonstrates that nondischarge alternatives do not exist for the project.

(2) If the person makes the demonstration in paragraph (1) that nondischarge alternatives do not exist for the project, the PCSM Plan must include ABACT, except as provided in § 93.4c(b)(1)(iii).

(3) For purposes of this chapter, nondischarge alternatives and ABACT and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-0300-002 (December 2006), as amended and updated.

(i) Complaint or site inspection. Upon complaint or site inspection, the Department or conservation district may require that the PCSM Plan be submitted for review and approval to ensure compliance with this chapter.

(j) PCSM reporting and recordkeeping. The PCSM Plan, inspection reports and monitoring records shall be available for review and inspection by the Department or the conservation district.

(k) Licensed professional oversight of critical stages. A licensed professional or a designee shall be present onsite and be responsible during critical stages of implementation of the approved PCSM Plan. The critical stages may include the installation of underground treatment or storage BMPs, structurally engineered BMPs, or other BMPs as deemed appropriate by the Department or the conservation district.

(l) Final certification. The permittee shall include with the notice of termination ‘‘Record Drawings’’ with a final certification statement from a licensed professional, which reads as follows:

‘‘I (name) do hereby certify pursuant to the penalties of 18 Pa.C.S.A. § 4904 to the best of my knowledge, information and belief, that the accompanying record drawings accurately reflect the as-built conditions, are true and correct, and are in conformance with Chapter 102 of the rules and regulations of the Department of Environmental Protection and that the project site was constructed in accordance with the approved PCSM Plan, all approved plan changes and accepted construction practices.’’

(1) The permittee shall retain a copy of the record drawings as a part of the approved PCSM Plan.

(2) The permittee shall provide a copy of the record drawings as a part of the approved PCSM Plan to the person identified in this section as being responsible for the long-term operation and maintenance of the PCSM BMPs.

(m) PCSM long-term operation and maintenance requirements.

(1) The permittee or co-permittee shall be responsible for long-term operation and maintenance of PCSM BMPs unless a different person is identified in the notice of termination and has agreed to long-term operation and maintenance of PCSM BMPs.

(2) For any property containing a PCSM BMP, the permittee or co-permittee shall record an instrument with the recorder of deeds which will assure disclosure of the PCSM BMP and the related obligations in the ordinary course of a title search of the subject property. The recorded instrument must identify the PCSM BMP, provide for necessary access related to long-term operation and maintenance for PCSM BMPs and provide notice that the responsibility for long-term operation and maintenance of the PCSM BMP is a covenant that runs with the land that is binding upon and enforceable by subsequent grantees, and provide proof of filing with the notice of termination under § 102.7(b)(5) (relating to permit termination).

(3) For Commonwealth owned property, a covenant that runs with the land is not required until the transfer of the land containing a PCSM BMP occurs. Upon transfer of the Commonwealth-owned property containing a PCSM BMP, the deed must comply with this subsection.

(4) The person responsible for performing long-term operation and maintenance may enter into an agreement with another person including a conservation district, nonprofit organization, municipality, authority, private corporation or other person, to transfer the responsibility for PCSM BMPs or to perform long-term operation and maintenance and provide notice thereof to the Department.

(5) A permittee or co-permittee that fails to transfer long-term operation and maintenance of the PCSM BMP or otherwise fails to comply with this requirement shall remain jointly and severally responsible with the landowner for long-term operation and maintenance of the PCSM BMPs located on the property.

(n) Regulated activities that require site restoration or reclamation, and small earth disturbance activities. The portion of a site reclamation or restoration plan that identifies PCSM BMPs to manage stormwater from oil and gas activities or mining activities permitted in accordance with Chapters 78 and 86—90; timber harvesting activities; pipelines; other similar utility infrastructure; Department permitted activities involving less than 1 acre of earth disturbance; or abandoned mine land reclamation activities, that require compliance with this chapter, may be used to satisfy the requirements of this section if the PCSM, reclamation or restoration plan meets the requirements of subsections (b), (c), (e), (f), (h), (i) and (l) and, when applicable, subsection (m).

The provisions of this § 102.8 issued under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.8 adopted August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861.

This section cited in 25 Pa. Code § 78a.65 (relating to site restoration); 25 Pa. Code § 102.4 (relating to erosion and sediment control requirements); 25 Pa. Code § 102.6 (relating to permit applications and fees); 25 Pa. Code § 102.7 (relating to permit termination); and 25 Pa. Code § 102.14 (relating to riparian buffer requirements).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.11 General requirements.

(a) BMP and design standards. A person conducting or proposing to conduct an earth disturbance activity shall:

(1) Design, implement and maintain E&S BMPs to minimize the potential for accelerated erosion and sedimentation to protect, maintain, reclaim and restore water quality and existing and designated uses. Various E&S BMPs and their design standards are listed in the Erosion and Sediment Pollution Control Program Manual (Manual), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-2134-008 (April 2000), as amended and updated.

(2) If required to develop a PCSM Plan, design, implement and maintain PCSM BMPs to mimic preconstruction stormwater runoff conditions to protect, maintain, reclaim and restore water quality and existing and designated uses. Various PCSM BMPs and their design standards are listed in the Pennsylvania Stormwater Best Management Practices Manual (Stormwater BMP Manual), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 363-0300-002 (December 2006), as amended and updated.

(3) If required to develop a riparian forest buffer, design, implement and maintain the buffer in accordance with § 102.14 (relating to riparian buffer requirements). Various design, construction and maintenance standards are listed in the Riparian Forest Buffer Guidance, (Buffer Guidance), Commonwealth of Pennsylvania, Department of Environmental Protection, No. 395-5600-001 (2009), as amended and updated.

(4) If required to develop a PPC Plan, the person shall design, implement, and maintain the PPC Plan to protect waters of this Commonwealth from discharges of pollutants from accidental spills, releases or other activities and meet the requirements identified in Chapter 91 (relating to general provisions). Guidance for PPC Plans is included in the Guidelines for the Development and Implementation of Environmental Emergency Response Plans, Commonwealth of Pennsylvania, Department of Environmental Protection, No. 400-2200-001, as amended and updated.

(b) Alternative BMP and design standards. BMPs and design standards other than those listed in the manuals or Buffer Guidance may be used when a person conducting or proposing to conduct an earth disturbance activity demonstrates to the Department that the alternate BMP or design standard minimizes accelerated erosion and sedimentation or manages stormwater during and after the completion of earth disturbance activities to achieve the regulatory standards in subsection (a).

(c) Incorporation of Federal effluent limitation guidelines and standards for the construction and development point source category, 40 CFR Part 450. Activities requiring an NPDES permit under this chapter must also comply with 40 CFR Part 450 (relating to construction and development point source category), including all appendices thereto, which are incorporated by reference to the extent that these provisions are applicable and not contrary to Pennsylvania law. In the event of any conflict between Federal and Pennsylvania regulatory provisions, the provision expressly set out in this chapter shall be utilized unless the Federal provision is more stringent.

(d) Effective date. The amendments to this chapter adopted by the EQB on May 17, 2010, are effective November 19, 2010.

The provisions of this § 102.11 amended under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.11 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial page (266249).

This section cited in 25 Pa. Code § 102.8 (relating to PCSM requirements).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.14 Riparian buffer requirements.

(a) General requirements for mandatory riparian buffers.

(1) Except as in accordance with subsection (d), persons proposing or conducting earth disturbance activities when the activity requires a permit under this chapter may not conduct earth disturbance activities within 150 feet of a perennial or intermittent river, stream, or creek, or lake, pond or reservoir when the project site is located in an exceptional value or high quality watershed attaining its designated use as listed by the Department at the time of application and shall protect any existing riparian buffer in accordance with this section.

(2) Except as in accordance with subsection (d), persons proposing or conducting earth disturbance activities when the activity requires a permit under this chapter where the project site is located in an Exceptional Value or High Quality watershed where there are waters failing to attain one or more designated uses as listed in Category 4 or 5 on Pennsylvania’s Integrated Water Quality Monitoring and Assessment report, as amended and updated, at the time of the application, and the project site contains, is along or within 150 feet of a perennial or intermittent river, stream, or creek, lake, pond or reservoir shall, in accordance with the requirements of this section do one of the following:

(i) Protect an existing riparian forest buffer.

(ii) Convert an existing riparian buffer to a riparian forest buffer.

(iii) Establish a new riparian forest buffer.

(b) Riparian forest buffer criteria. To qualify as a riparian forest buffer under this chapter, an existing, converted or newly established riparian forest buffer, whether mandatory or voluntary, must meet the following requirements related to composition, width and management:

(1) Composition. A riparian forest buffer is a riparian buffer that consists predominantly of native trees, shrubs and forbs that provide at least 60% uniform canopy cover. An existing riparian forest buffer does not have to be altered to establish individual Zones 1 and 2 under subparagraph (iii). At a minimum, it must have a total aggregate width of the combined zones under paragraph (2).

(i) Existing riparian buffer conversion to a riparian forest buffer. Riparian buffers that consist predominantly of native woody vegetation that do not satisfy the composition of this paragraph or the width requirements in paragraph (2) shall be enhanced or widened, or both, by additional plantings in open spaces around existing native trees and shrubs that provide at least 60% uniform canopy cover. An existing riparian forest buffer does not have to be altered to establish individual Zones 1 and 2 under subparagraph (iii). At a minimum, it must be a total aggregate width of the combined zones under paragraph (2). Noxious weeds and invasive species shall be removed or controlled to the extent possible.

(ii) Riparian forest buffer establishment. On sites without native woody vegetation, a riparian forest buffer shall be established and be composed of zones in accordance with subparagraph (iii), and meet the width requirements in paragraph (2). Noxious weeds and invasive species shall be removed or controlled to the extent possible.

(iii) Zones.

(A) Zone 1. Undisturbed native trees must begin at the top of the streambank or normal pool elevation of a lake, pond or reservoir and occupy a strip of land measured horizontally on a line perpendicular from the top of streambank or normal pool elevation of a lake, pond or reservoir. Predominant vegetation must be composed of a variety of native riparian tree species.

(B) Zone 2. Managed native trees and shrubs must begin at the landward edge of Zone 1 and occupy an additional strip of land measured horizontally on a line perpendicular from the top of streambank or normal pool elevation of a lake, pond or reservoir. Predominant vegetation must be composed of a variety of native riparian tree and shrub species.

(2) Average minimum widths.

(i) Waters other than special protection. A total of 100 feet (30.5 meters), comprised of 50 feet (15.2 meters) in Zone 1 and 50 feet (15.2 meters) in Zone 2 for newly established riparian forest buffers established under subsection (e)(3) along all rivers, perennial or intermittent streams, lakes, ponds or reservoirs.

(ii) Special protection waters. A total of 150 feet (45.7 meters), comprised of 50 feet (15.2 meters) in Zone 1 and 100 feet (30.5 meters) in Zone 2 on newly established riparian forest buffers along all rivers, perennial or intermittent streams, lakes, ponds or reservoirs in special protection waters (high quality and exceptional value designations).

(iii) Average riparian forest buffer width. The average riparian forest buffer width shall be calculated based upon the entire length of streambank or shoreline that is located within or along the boundaries of the project site. When calculating the buffer length the natural streambank or shoreline shall be followed.

(3) Management requirements. Existing, converted and newly established riparian forest buffers shall be managed in accordance with a riparian forest buffer management plan in paragraph (4) and will be protected in accordance with subsection (g).

(4) Management plan. The riparian forest buffer management plan shall be a part of the PCSM Plan and include, at a minimum, the following:

(i) A planting plan for converted or newly established riparian forest buffers that identifies the number, density and species of native trees and shrubs appropriate to geographic location that will achieve 60% uniform canopy cover.

(ii) A maintenance schedule and measures for converted or newly established riparian forest buffers to ensure survival and growth of plantings and protection from competing plants and animals including noxious weeds and invasive species over a 5-year establishment period including activities or practices used to maintain the riparian forest buffer including the disturbance of existing vegetation, tree removal, shrub removal, clearing, mowing, burning or spraying in accordance with long-term operation and maintenance.

(iii) An inspection schedule and measures to ensure long-term maintenance and proper functioning of riparian forest buffers meeting the requirements in paragraph (1), including measures to repair damage to the buffer from storm events greater than the 2-year/24-hour storm.

(c) Mandatory requirements for all riparian buffers.

(1) Management of stormwater into the riparian buffer. Stormwater and accelerated erosion and sedimentation shall be managed in accordance with § § 102.4(b)—(e) and 102.8 (relating to erosion and sediment control requirements; and PCSM requirements) to ensure that stormwater enters the area upgrade and along the riparian buffer as sheet flow or shallow concentrated flow during storm events up to and including the 2 year/24 hour storm.

(2) Wetlands. Wetlands located in the riparian buffer shall be protected and maintained consistent with Chapter 105 (relating to dam safety and waterway management).

(3) Measurements. Riparian buffers must be measured horizontally and perpendicularly to the bank with no more than a 10% variation below the minimum width from the normal pool elevation for lake, pond or reservoir and from top of streambank.

(d) Exceptions.

(1) Subsection (a) does not apply for earth disturbance activities associated with the following:

(i) A project site located greater than 150 feet (45.7 meters) from a river, stream, creek, lake, pond or reservoir.

(ii) Activities involving less than 1 acre (0.4 hectare) of earth disturbance.

(iii) Activities when permit coverage is not required under this chapter.

(iv) Activities when a permit or authorization for the earth disturbance activity required under this chapter was obtained, or application submitted prior to November 19, 2010.

(v) Road maintenance activities so long as any existing riparian buffer is undisturbed to the extent practicable.

(vi) The repair and maintenance of existing pipelines and utilities so long as any existing riparian buffer is undisturbed to the extent practicable.

(vii) Oil and gas, timber harvesting, or mining activities for which site reclamation or restoration is part of the permit authorization in Chapters 78 and 86—90 and this chapter so long as any existing riparian buffer is undisturbed to the extent practicable.

(viii) A single family home that is not part of a larger common plan of development or sale and the parcel was acquired by the applicant prior to November 19, 2010.

(ix) Activities authorized by a Department permit under another chapter of this title which contains setback requirements, and the activity complies with those setback requirements.

(2) For earth disturbance activities associated with the following, the Department, or the conservation district after consultation with the Department, may grant a waiver from any of the requirements of subsections (a) and (b) upon a demonstration by the applicant that there are reasonable alternatives for compliance with this section, so long as any existing riparian buffer is undisturbed to the extent practicable and that the activity will otherwise meet the requirements of this chapter:

(i) The project is necessary to abate a substantial threat to the public health or safety.

(ii) Linear projects which may include pipelines, public roadways, rail lines or utility lines.

(iii) Abandoned mine reclamation activities that are conducted under Department authorization or permit.

(iv) Projects of a temporary nature where the site will be fully restored to its preexisting condition during the term of the permit under this chapter.

(v) Redevelopment projects which may include brownfields or use of other vacant land and property within a developed area for further construction or development.

(vi) Projects for which compliance with subsection (a) or (b) is not appropriate or feasible due to site characteristics, or existing structures at the project site.

(3) The applicant shall submit a written request for a waiver to the Department or the conservation district as part of the application for a permit under this chapter.

(4) An applicant requesting a waiver may propose and the Department may allow offsite protection, conversion or establishment of riparian forest buffers or provide compensation to fund riparian forest buffer protection, enhancement or establishment.

(5) Projects qualifying for an exception under this subsection are not relieved from compliance with other applicable requirements of this chapter or other laws administered by the Department.

(e) Utilization of riparian forest buffers.

(1) Antidegradation presumption. Except for riparian buffers protected under subsection (a)(1) or (d), a riparian forest buffer meeting the requirements of this section will prevent thermal impacts and is a nondischarge alternative. When included in an E&S Plan or PCSM Plan meeting the requirements of this chapter, the proposed earth disturbance activity will satisfy § § 102.4(b)(6) and 102.8(h), unless data or information provided or available to the Department during the permit application or authorization review process shows that the proposed earth disturbance activity will degrade water quality.

(2) Trading or offsetting credits. Except for riparian buffers protected under subsection (a)(1) or (d) when protection of existing, or conversion, or the establishment of a riparian forest buffer which meets the requirements of this section and is above baseline regulatory requirements, credits may be available for trading or offsets in accordance with any procedures established by the Department or any regulations related to trading or offsetting developed under this title.

(3) Voluntary riparian forest buffer. Persons that protect, convert or establish a new riparian forest buffer meeting the requirements of this section, may qualify for benefits under paragraph (1) or (2).

(f) Activities within a riparian buffer.

(1) The following practices and activities are prohibited within the riparian buffer:

(i) Soil disturbance by grading, stripping of topsoil, plowing, cultivating or other practices except as allowed in paragraph (3)(i).

(ii) Draining by ditching, underdrains or other drainage systems.

(iii) Housing, grazing or otherwise maintaining animals for agricultural or commercial purposes.

(iv) Storing or stockpiling materials.

(v) Off-road vehicular travel.

(2) The following practices and activities are allowable in the riparian buffer when authorized by the Department:

(i) Construction or placement of roads, bridges, trails, storm drainage, utilities or other structures.

(ii) Water obstructions or encroachments.

(iii) Restoration projects.

(3) The following practices and activities are allowed within the riparian buffer:

(i) Activities or practices used to maintain the riparian buffer including the disturbance of existing vegetation, and tree and shrub removal, as needed to allow for natural succession of native vegetation and protection of public health and safety.

(ii) Timber harvesting activities in accordance with the riparian forest buffer management plan as part of the PCSM Plan.

(iii) Passive or low impact recreational activities so long as the functioning of the riparian buffer is maintained.

(iv) Emergency response and other similar activities.

(v) Research and data collection activities, which may include water quality monitoring and stream gauging.

(g) Permanent protection of riparian buffers.

(1) Existing, converted and newly established riparian buffers including access easements must be protected in perpetuity through deed restriction, conservation easement, local ordinance, permit conditions or any other mechanisms that ensure the long-term functioning and integrity of the riparian buffer.

(2) For any existing or newly established riparian buffer, the boundary limits of the riparian buffer must be identified and clearly marked.

(h) Reporting. Persons who protect an existing riparian buffer or convert or establish a riparian buffer in accordance with this section shall complete data forms provided by the Department and submit the forms to the Department or conservation district within 1 year of establishment or protection.

The provisions of this § 102.14 issued under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.14 adopted August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861; corrected September 17, 2010, effective November 19, 2010, 40 Pa.B. 5294.

This section cited in 25 Pa. Code § 102.8 (relating to PCSM requirements); and 25 Pa. Code § 102.11 (relating to general requirements).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.22 Site stabilization.

(a) Permanent stabilization. Upon final completion of an earth disturbance activity or any stage or phase of an activity, the site shall immediately have topsoil restored, replaced, or amended, seeded, mulched or otherwise permanently stabilized and protected from accelerated erosion and sedimentation.

(1) E&S BMPs shall be implemented and maintained until the permanent stabilization is completed. Once permanent stabilization has been established, the temporary E&S BMPs shall be removed. Any areas disturbed in the act of removing temporary E&S BMPs shall be permanently stabilized upon completion of the temporary E&S BMP removal activity.

(2) For an earth disturbance activity or any stage or phase of an activity to be considered permanently stabilized, the disturbed areas shall be covered with one of the following:

(i) A minimum uniform 70% perennial vegetative cover, with a density capable of resisting accelerated erosion and sedimentation.

(ii) An acceptable BMP which permanently minimizes accelerated erosion and sedimentation.

(b) Temporary stabilization.

(1) Upon temporary cessation of an earth disturbance activity or any stage or phase of an activity where a cessation of earth disturbance activities will exceed 4 days, the site shall be immediately seeded, mulched, or otherwise protected from accelerated erosion and sedimentation pending future earth disturbance activities.

(2) For an earth disturbance activity or any stage or phase of an activity to be considered temporarily stabilized, the disturbed areas shall be covered with one of the following:

(i) A minimum uniform coverage of mulch and seed, with a density capable of resisting accelerated erosion and sedimentation.

(ii) An acceptable BMP which temporarily minimizes accelerated erosion and sedimentation.

The provisions of this § 102.22 amended under sections 5 and 402 of The Clean Streams Law (35 P.S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P.S. § 859(2)).

The provisions of this § 102.22 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial page (266250).

This section cited in 25 Pa. Code § 78a.59a (relating to impoundment embankments); 25 Pa. Code § 78a.65 (relating to site restoration); and 25 Pa. Code § 102.7 (relating to permit termination).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.31 Applicability.

The Department or a conservation district may enforce this chapter under The Clean Streams Law (35 P. S. § § 691.1—691.1001).

The provisions of this § 102.31 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.31 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended February 3, 1978, effective February 20, 1978, 8 Pa.B. 288; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111. Immediately preceding text appears at serial pages (203744) to (203745).

The provision concerning a 25-acre requirement found in this section should be read so as to relate merely to permit requirements, not so as to remove parcels of land of less than 25 acres from the protection of erosion and sedimentation controls. Delaware County Community College v. Fox, 342 A.2d 468 (Pa. Cmwlth. 1975).

The Department of Transportation does not come within the provisions of 25 Pa. Code § 102.31 (a)(4) with its plan to construct culverts for stream crossings for an expressway project to be carried out in sections of 17 acres at a time. In re Precision Tube Company, Inc., 2 Pa. D. & C.3d 1 (1975).

The Department of Transportation need not obtain an erosion and sedimentation control permit before commencing earth moving activity for construction of an expressway if the plan is developed with and approved by the Soil Conservation Service. In re Precision Tube Company, Inc., 2 Pa. D. & C.3d 1 (1975).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.32 Compliance and enforcement provisions.

(a) Compliance and enforcement actions under this chapter which may be pursued include the following. The actions listed are cumulative and the exercise of one action does not preclude the exercise of another. The failure to exercise an action will not be deemed to be a waiver of that action:

(1) Investigations and inspections.

(2) Response to complaints.

(3) Orders (including orders to remediate or restore).

(4) Civil penalty proceedings, except as provided in subsection (b).

(5) Summary proceedings.

(6) The suspension, revocation, withholding or denial of permits or approvals.

(7) Notices of violation.

(8) Actions in a court of competent jurisdiction, including requests for injunctive relief.

(9) Other administrative, civil, criminal or equitable action authorized by law.

(b) If the Department finds that pollution or a danger of pollution results from an act of God in the form of sediment from land for which a complete Conservation Plan has been developed by the conservation district and the Natural Resource Conservation Service, and the plan has been fully implemented and maintained, the landowner shall be excluded from the penalties of The Clean Streams Law (35 P. S. § § 691.1—691.1001).

(c) A person aggrieved by an action of a conservation district under this chapter shall request an informal hearing with the Department within 30 days following the notice of the action. The Department will schedule the informal hearing and make a final determination within 30 days of the request. Any final determination by the Department under the informal hearing may be appealed to the EHB in accordance with established administrative and judicial procedures.

(d) For enforcement action taken under this subchapter, the Department or conservation district may collect or recover, from the responsible party, costs and expenses involved in taking enforcement action in accordance with this subchapter and initiating cost recovery actions under this subchapter. The Department or conservation district may collect the amount in the same manner as civil penalties are collected under section 605 of The Clean Streams Law (35 P. S. § 691.605).

The provisions of this § 102.32 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.32 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended June 3, 1977, effective June 20, 1977, 7 Pa.B. 1478; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (266251) to (266252).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.41 Administration by county conservation districts.

(a) The Department may delegate by written agreement the administration and enforcement of this chapter to conservation districts if they have adequate and qualified staff, and are, or will be, implementing the program identified in the delegation agreement.

(b) An acceptable program shall have the concurrence and approval of the governing body of the county in which the conservation district operates.

(c) The Department will retain program administration and enforcement over projects which cross the political boundaries of conservation districts unless otherwise authorized by the Department.

The provisions of this § 102.41 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.41 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial page (266252).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.42 Notification of application for permits.

A municipality or county which issues building or other permits shall notify the Department or conservation district within 5 days of receipt of an application for a permit involving an earth disturbance activity consisting of 1 acre (0.4 hectare) or more.

The provisions of this § 102.42 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.42 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial pages (266252) to (266253).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

25 Pa. Code § 102.43 Withholding permits.

With the exception of local stormwater approvals or authorizations, a municipality or county may not issue a building or other permit or approval to those proposing or conducting earth disturbance activities requiring a Department permit until the Department or a conservation district has issued the E&S or individual NPDES Permit, or approved coverage under the general NPDES Permit for Stormwater Discharges Associated With Construction Activities under § 102.5 (relating to permit requirements).

The provisions of this § 102.43 amended under sections 5 and 402 of The Clean Streams Law (35 P. S. § § 691.5 and 691.402); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); and section 11(2) of the Conservation District Law (3 P. S. § 859(2)).

The provisions of this § 102.43 adopted September 29, 1972, effective October 30, 1972, 2 Pa.B. 1796; corrected February 17, 1995, effective October 30, 1972, 25 Pa.B. 613; amended December 30, 1999, effective January 1, 2000, 30 Pa.B. 111; amended August 20, 2010, effective November 19, 2010, 40 Pa.B. 4861. Immediately preceding text appears at serial page (266253).

History

• Authority: The provisions of this Chapter 102 issued under sections 5 and 402 of The Clean Streams Law (35 P.
• Source: The provisions of this Chapter 102 adopted September 29, 1972, effective October 30, 1972, 2 Pa.

Chapter 106 Floodplain Management

25 Pa. Code § 106.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Flood Plain Management Act (32 P. S. § § 679.101—679.601). FEMA—The Federal Emergency Management Agency, to which was transferred the functions of the Federal Insurance Administration, Department of Housing and Urban Development, under Reorganization Plan No. 3 of 1978, 43 FR 41943 (September 19, 1978), and Executive Order 12127, 44 FR 19367 (April 3, 1979). Fill—Sand gravel, earth or other material placed or deposited so as to form an embankment or raise the elevation of the land surface. Flood insurance rate map—An official map of a municipality on which FEMA has delineated both the floodplain and the risk premium zones applicable to the municipality. Floodplain or flood hazard area—The 100-year floodway and that maximum area of land that is likely to be flooded by a 100-year flood as shown on the floodplain maps approved or promulgated by FEMA. Floodway—The channel of the watercourse and those portions of the adjoining floodplains which are reasonably required to carry and discharge the 100-year flood. The boundary of the 100-year floodway is as indicated on the maps and flood insurance studies provided by FEMA. In an area where no FEMA maps nor studies have defined the boundary of the floodway, it is assumed, absent evidence to the contrary, that the floodway extends from the stream to 50 feet landward from the top of the bank of the stream. Highway obstruction or highway—A roadway, highway embankment, highway drainage structure, or highway appurtenant structure constructed, owned or maintained by the Commonwealth or a political subdivision of the Commonwealth which might impede, retard, or change flood flows, including but not limited to new highway construction, pavement or shoulder widening, reconstruction with additional embankment, turning lanes and curve flattening. Municipality—A city, borough, town or township, or any similar general purpose unit of government or county or other governmental unit when acting as an agent thereof, or any combination thereof acting jointly. Obstruction—A structure or assembly of materials owned or maintained by the Commonwealth, a political subdivision of the Commonwealth or a public utility including fill above or below the surface of land or water or an activity conducted by the Commonwealth, a political subdivision of the Commonwealth or a public utility which might impede, retard or change flood flows. The term excludes planting, cultivation and harvesting of field and orchard crops; the grazing of livestock; and the maintenance of necessary appurtenant agricultural fencing. 100-year flood—The highest level of flooding that, on the average, is likely to occur every 100 years, that is, that has a 1.0% chance of occurring each year. Owner—A person who owns, controls, operates, maintains or manages a highway obstruction or obstruction. Person—An individual, partnership, public or private association or corporation, firm, trust, estate, municipality, governmental unit, public utility or other legal entity which is recognized by law as the subject of rights, and duties. Public utility—A person engaged in rendering a public utility service. Public utility service—The rendering of the following services for the public:

(i) Gas, electricity, or steam production, generation, transmission or distribution.

(ii) Water diversion, pumping, impoundment or distribution.

(iii) Railroad transportation of passengers or property.

(iv) Operation of a canal, turnpike, tunnel, bridge, wharf or similar structure.

(v) Transportation of natural or artificial gas, crude oil, gasoline or petroleum products, materials for refrigeration, or other fluid substances by pipeline or conduit.

(vi) Telephone or telegraph communications.

(vii) Sewage collection, treatment, or disposal. Routine maintenance activities—Include but are not limited to repaving; replacement of rails, ties or ballast; gas or water main repairs; and replacement in kind of individual components or appurtenant structures. Watercourse—A channel or conveyance of surface water having defined bed and banks, whether natural or artificial, with perennial or intermittent flow.

(b) Areas within this Commonwealth which have been identified by FEMA as being subject to flooding by a 100-year flood are determined to be flood hazard areas. Areas subject to flooding by a 100-year flood are areas of special flood hazard on flood insurance studies and maps provided by FEMA.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.2 Purposes.

The purposes of this chapter are the following:

(1) Encourage planning and development in floodplains which are consistent with sound land use practices.

(2) Protect people and property in floodplains from the dangers and damage of floodwaters and from materials carried by such floodwaters.

(3) Prevent and eliminate urban and rural blight which results from the damages of flooding.

(4) Support a comprehensive and coordinated program of floodplain management, based upon the National Flood Insurance Program, designed to preserve and restore the efficiency and carrying capacity of the streams and floodplains of the Commonwealth.

(5) Assist municipalities in qualifying for the National Flood Insurance Program.

(6) Provide for and encourage local administration and management of floodplains.

(7) Minimize the expenditure of public and private funds for flood control projects and for relief, rescue and recovery efforts.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.3 Scope.

The following highway obstructions or obstructions when located in floodplains must meet the requirements of this chapter:

(1) Any highway obstruction or obstruction constructed, owned or maintained by the Commonwealth or a political subdivision of the Commonwealth; and

(2) Any obstruction constructed, owned or maintained by a public utility.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.11 Permit requirements.

(a) No person may construct, modify, remove, destroy or abandon a highway obstruction or an obstruction in a floodplain without first applying for and obtaining a written permit from the Department.

(b) Routine maintenance activities which will not impede, retard or change flood flows do not require a permit under the act or this chapter.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.12 Permit applications—information and fees.

(a) Application for permits under this chapter shall be submitted to the Department in writing, upon forms provided by the Department.

(b) Each application submitted for a permit under this chapter shall be accompanied by a check for $50 payable to ‘‘Commonwealth of Pennsylvania’’; except that applications submitted by Federal, State, county or municipal agencies or municipal authorities are exempt from the filing fee.

(c) A single application may be submitted and the Department may issue a single permit authorizing in one or more floodplains multiple obstructions or recurrent activities which are associated with an integrated project or activity or consist of numerous dispersed individual elements or classes of obstructions or activities similar in type, character or design.

(d) Each application for a permit shall be accompanied by the following information, maps, plans, specifications, design analyses, test reports and other data and additional information as may be required by the Department to determine compliance with this chapter:

(1) Floodplain maps prepared by FEMA and copies of municipal floodplain management regulations adopted under the act.

(2) Plans showing the location, size and height of the proposed highway obstruction or obstruction and detailing the topographic features, elevations, and nearby structures so as to enable an appraisal of the hazard potential of the obstruction.

(3) A description of the floodplain within the municipality or area which may be affected by the project and a plan showing drainage patterns and flood elevations within the floodplain.

(4) A hydrologic and hydraulic report which shall include:

(i) Data on size, shape and characteristics of the watershed.

(ii) The 100-year flood elevation.

(iii) An hydraulic analysis to show the effect of the highway obstruction or obstruction on the floodplain including a backwater analysis and an assessment of flood damage.

(5) For buildings subject to § 106.31(c) (relating to hydraulic capacity), an evacuation plan which fully explains the manner in which the site will be safely evacuated before or during a flood event.

(e) Applications for permits under this chapter shall be accompanied where applicable by an erosion and sedimentation control plan for all earthmoving activities in the floodplain. This plan shall conform to Chapter 102 (relating to erosion and sediment control) and shall include a copy of a letter from the conservation district in the county where the project is located indicating that the district has reviewed the applicant’s erosion and sedimentation control plan and considered it to be satisfactory.

(f) Each application shall be signed by the owner of the highway obstruction or obstruction or the persons exercising primary responsibility for the highway obstruction or obstruction. In the case of a partnership, one or more members of the partnership authorized to sign on behalf of the entire partnership shall sign the application. In the case of a corporation, it shall be signed by the president, vice president, or other responsible official empowered to sign for the corporation, with the corporate seal or other proof of authorization to sign for the corporation affixed. In the case of a political subdivision, it shall be signed by the chief officer of the political subdivision or other responsible official empowered to sign for the political subdivision, with the seal affixed and attested by the clerk.

(g) Plans, specifications, and reports accompanying applications for highway obstructions or obstructions shall be affixed with the seal of a registered professional engineer, architect, land surveyor, landscape architect or other person licensed by the Commonwealth to provide the professional service required for the specific project and his certification, which shall read as follows:

‘‘I (name) do hereby certify to the best of my knowledge, information and belief, that the information contained in the accompanying plans, specifications, and reports has been prepared in accordance with accepted professional practice, is true and correct, and is in conformance with Chapter 106 of the rules and regulations of the Department of Environmental Protection.’’

(h) Applications may be submitted which omit information specifically required by this section if the applicant justifies the omissions. The Department may waive specific requirements of this section if, upon review of the data submitted, it is determined that the information is not necessary. The Department may also waive documentary requirements of this section for specific classes of obstructions if the required information is not necessary to review an application for those classes of obstructions.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.13 Review of permit applications.

(a) Applications will be reviewed under prevailing practices in the engineering profession.

(b) In reviewing a permit application under this chapter for construction, modification, removal, abandonment, or destruction of a highway obstruction or obstruction, the Department will consider the following factors as they relate to flood damage or water pollution:

(1) Potential threats to life or property created by the highway obstruction or obstruction.

(2) Potential threats to safe navigation created by the highway obstruction or obstruction.

(3) The effect of the proposed highway obstruction or obstruction on the property or riparian rights of owners upstream, downstream, or adjacent to the highway obstruction or obstruction.

(4) The effect of the proposed highway obstruction or obstruction on the regimen of the watercourse or other body of water and on the prevention of pollution or other hazards to health, safety and welfare.

(5) The need for the proposed highway obstruction or obstruction to be located in the floodplain and alternatives in location, design and construction which are available to minimize the adverse impact of the project.

(6) Present conditions and the effects of reasonably foreseeable future development within the affected watershed upstream and downstream of the highway obstruction or obstruction. In assessing the impact of future development, the Department may require the applicant to submit data regarding estimated development potentials based on municipal, county and regional planning related to the affected watershed.

(7) Consistency with State and local floodplain and storm water management plans and programs, the State Water Plan and the Pennsylvania Coastal Zone Management Program.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.14 Permit applications—public notice and time limits.

(a) The Department will publish a notice in the Pennsylvania Bulletin upon receipt of a complete application for a permit and again upon the issuance or denial of a permit by the Department.

(b) Following the receipt of the complete application, the permit shall become effective in 60 days unless the application is disapproved by the Department.

(c) No application for a permit is complete until necessary information required under the act and this chapter has been provided by the applicant. The Department will advise the applicant of the completeness of the application within 60 days after receipt of the application.

(d) Whenever the Department determines that an application is incomplete or contains insufficient information to determine compliance with this chapter, it will notify the applicant in writing. This notification will include a description of deficiencies and instructions for completion of the application. The applicant shall then have 60 days to complete his application, or the Department will return the application to the applicant as incomplete. The time required for the applicant to complete his application will not be counted as part of the Department’s 60-day review period.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.21 Issuance of permits.

(a) The Department may grant a permit if it determines that the following applies:

(1) The application is complete.

(2) The proposed project or action complies with the standards and criteria of this chapter, The Flood Plain Management Act (32 P. S. § § 679.101—679.601) and The Clean Streams Law (35 P. S. § § 691.1—691.1001).

(3) The proposed project or action will not threaten public health, safety and welfare.

(b) Any permit issued under this chapter shall be subject to such general and special conditions regarding construction, operation, maintenance, inspection and monitoring of a project or action as the Department may deem necessary to assure compliance with the requirements and purposes of this chapter, The Flood Plain Management Act (32 P. S. § § 679.101—679.601) and The Clean Streams Law (35 P. S. § § 691.1—691.1001).

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.22 Denial of permits.

The reason for denial of any permit application will be communicated in writing to the applicant. A denial shall be subject to the procedure for appeal and hearing before the Environmental Hearing Board as provided by section 503(b) of The Flood Plain Management Act (32 P. S. § 679.503), section 1921-A of The Administrative Code of 1929 (71 P. S. § 510.21) and 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.23 Compliance with other applicable statutes.

Receipt of a permit under this chapter shall not relieve the permittee of the obligation of complying with all Federal, Interstate compact and State laws, regulations and standards applicable to the construction, operation or maintenance of the highway obstruction or obstruction.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.24 Coordination of permits.

(a) The Department will establish a system to coordinate the application for and issuance of permits under this chapter with permit processes conducted under other statutes and regulations administered by the Department and with permit processes administered by other Federal and State agencies.

(b) Where possible, the Department will develop joint permit application forms to facilitate the submission of information on related activities of a project regulated under statutes and regulations administered by the Department and other Federal and State agencies, in order to reduce duplicate and repetitious application requirements. At the option of the applicant, such joint application forms may be used in lieu of individual applications for the required permits.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.25 Transfer of permits.

(a) Permits may be reissued in a new name if there is a change in the name of the owner.

(b) A permit may be transferred to a new owner only upon application to, and approval by, the Department upon forms provided by the Department.

(c) No permit may be transferred to a new owner if a violation of this chapter exists at the time of application for transfer unless the transfer will expedite correction of the violation.

(d) The original permittee shall not be relieved of the obligation to comply with this chapter, the terms and conditions of the permit or an order issued by the Department until the transfer has been approved.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.26 Modification, revocation and suspension of permits.

(a) The Department may modify, suspend or revoke any permit issued under the act if it finds that the permittee has violated the permit terms and conditions, the provisions of the act, or the provisions of this chapter, or that any change has occurred in the physical condition of the site which will materially affect safe construction and maintenance of the structure or activity.

(b) The Department will issue to the permittee a written notice of the modification, suspension or revocation of a permit. Any such notice shall be subject to the procedure for appeal and hearing before the Environmental Hearing Board as provided by section 503(b) of The Flood Plain Management Act (32 P. S. § 679.503) section 1921-A of The Administrative Code of 1929 (71 P. S. § 510.21) and 2 Pa.C.S. § § 501—508 and 701—704 (relatiing to Administrative Agency Law).

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.31 Hydraulic capacity.

(a) Highway obstructions or obstructions shall be designed and constructed in accordance with the following criteria:

(1) The highway obstruction or obstruction shall not significantly increase the 100-year flood height or stream velocity.

(2) The highway obstruction or obstruction shall pass flood flows without loss of structural stability, flotation, lateral movement, collapse or damage to the structure itself or to its mechanical equipment or contents below the 100-year flood elevation.

(3) The highway obstruction or obstruction shall not create or constitute a flood hazard to life or property.

(4) The highway obstruction or obstruction shall not significantly alter the floodplain.

(5) The highway obstruction or obstruction shall not increase velocity or direct flow so as to result in erosion of the floodplain.

(b) In determining flood flows and frequencies for purposes of this chapter, hydrologic analysis shall be by methods generally accepted in the engineering profession.

(c) In addition to requirements of subsections (a) and (b), the following general criteria apply to buildings providing for permanent residence, staffed by public employes daily or open to the general public including, but not limited to, hospitals, nursing homes, jails or similar confined residential facilities, emergency services centers and communication centers:

(1) The lowest floor shall be a minimum of 1 1/2 feet above the 100-year flood elevation.

(2) There must be provisions for the safe evacuation of occupants any time during a 100-year flood.

(3) There must be provisions for continuous access during the 100-year flood.

(4) The building should not create any significant possibility of pollution or debris which may endanger life and property.

(d) The determination of flood flows for design shall be made with reasonable consideration of development which may alter the runoff characteristics of the watershed during the anticipated life of the structure. Specific design criteria of this section may be waived or modified where the applicant demonstrates and the Department determines that:

(1) There are unique physical circumstances such as exceptional topography or other natural or man-made conditions such that the criteria cannot be reasonably applied.

(2) There will be no additional threat to public health and safety.

(3) There will be an exceptional hardship to the applicant if the criteria is not waived.

(4) There will be no conflict with other applicable laws or regulations, including local municipal floodplain management ordinances.

(5) In the case of emergency services or communication centers becoming inoperable during a flood, alternative facilities are provided for in the local or county emergency management plan.

(e) In addition to complying with the requirements of this chapter, hospitals, nursing homes, jails, and development which has been determined as dangerous to human life must also comply with 16 Pa. Code Chapter 38 (relating to floodplain management) adopted by the Department of Community Affairs under sections 207 and 301 of The Flood Plain Management Act (32 P. S. § § 679.207 and 679.301).

This section cited in 25 § 106.12 (relating to permit applications—information and fees).

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.32 Placement of drainage structures.

All drainage structures shall be aligned with the existing flow patterns of the floodplain where possible to minimize ponding.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.33 Appurtenant structures.

Appurtenant structures, such as highway signs, control light supports and similar structures, shall be kept to a minimum in number and cross-sectional area and shall be designed to offer the least obstruction to the passage of water and ice, consistent with public safety.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.41 Notices and reports.

(a) The permittee shall notify the Department, in writing, of the proposed time for commencement of major above ground work at least 5 days prior to the commencement of work.

(b) The Department may require submission of such reports as it deems necessary on the status of work.

(c) The requirement to provide notice of commencement of work and status reports shall be identified in conditions of the permit or by order of the Department.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.42 Acknowledgement of conditions.

(a) The permittee shall fully inform any engineer or contractor responsible for the supervision and conduct of work covered by any permit issued under this chapter of all terms, conditions, restrictions and covenants of the permit.

(b) Prior to the commencement of any work, the permittee shall file with the Department a copy of the permit provided by the Department, and signed by the permittee acknowledging and accepting the general and special conditions contained in the permit. Unless such acknowledgement and acceptance have been filed, the permit shall be null and void.

(c) A copy of the permit and the acknowledgement, or a certified notice of the location of the permit and acknowledgement, shall be available at the work site for inspection upon request by any officer or agent of the Department or any other Federal, State, county or municipal agency.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.43 Time limits.

(a) The Department will set such time limits for the commencement and completion of work under any permit issued under this chapter as it deems reasonable and appropriate to carry out the purposes of this chapter.

(b) If such work is not completed on or before the dates set by the Department, unless extended by the Department in writing, the permit shall become null and void without further notification being required.

(c) It shall be the responsibility of the permittee to request an extension of time limits.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.44 Implementation of work according to specifications.

(a) All work undertaken under a permit issued under this chapter shall be conducted in accordance with the maps, plans, profiles, and specifications as approved by the Department.

(b) No changes in the maps, plans, profiles and specifications for work covered by a permit which would affect flood flows or structural stability of the project during flooding events shall be made except with the written approval of the Department. Upon written approval by the Department, such changes shall become part of the permit.

(c) The Department may, during the progress of work, require such changes or modifications in the maps, plans, profiles and specifications for work covered under any permit as its may determine are necessary.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.45 Inspections.

All work, structures and land covered under a permit issued under this chapter shall at all times be subject to inspection by representatives of the Department, and the permittee shall allow any representative of the Department to enter any property, premises or place associated with such permit for the purposes of such inspection.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.46 Implementation of erosion and sedimentation control plans.

At all times during the construction of any highway obstruction or obstruction the permittee shall follow the erosion and sedimentation control plan prepared in accordance with Chapter 102 (relating to erosion control) and submitted as part of his application.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.47 Removal of highway obstructions or obstructions.

(a) If all construction work has not been completed within the time specified in the permit and the time limit specified in the permit has not been extended in writing by the Department or if a permit has been revoked for any reason, the permittee shall, at his own expense and in such manner as the Department may prescribe, remove all or any portion of the work as the Department requires and restore the floodplain to its former condition.

(b) Prior to abandonment, the owner of any highway or obstruction covered by this chapter, regardless of whether or not it was constructed under a permit from this Department or its predecessors, shall remove all or part of the facility and take other actions as are necessary to protect safety and the public natural resources in accordance with a permit issued by the Department.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.51 Operation and maintenance.

The permittee or owner of a highway obstruction or obstruction shall operate and maintain the highway obstruction or obstruction and appurtenant structures in a safe condition under this chapter and applicable permit terms and conditions.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.52 Inspections by owners.

(a) The owner of any highway obstruction or obstruction shall conduct inspections to ensure the safe operation and maintenance of the facility in accordance with the provisions of this chapter.

(b) The owner shall retain records of such inspections, including records of actions taken to correct conditions found in such inspections. Copies of such records shall be provided to the Department on request.

(c) The Department may, through terms and conditions of the permit or by request at any time, require the owner to submit certified reports regarding the condition of the facility to the Department. In lieu of inspections conducted by the owner and certified reports submitted by the owner, the Department may accept reports of equivalent inspections conducted and prepared by other governmental agencies. In addition, the Department may accept equivalent inspection reports certified by the owner and submitted to other governmental agencies.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.53 Inadequate or collapsed structures.

(a) The owner or permittee of any highway obstruction or obstruction shall immediately inform the Department of the collapse of the highway obstruction or obstruction or any portion thereof or of the existence of any unusual conditions threatening the structural integrity of the highway obstruction or obstruction, where the collapse of the highway or structure would adversely affect the passage of floodwaters.

(b) Whenever a highway obstruction or obstruction, or any portion thereof has collapsed or is in imminent danger of collapse, and the collapsed portions may adversely affect passage of floodwaters or endanger health and safety, the owner or permittee shall immediately remove any and all collapsed portions to an area outside the floodplain of the stream and either:

(1) Completely remove the highway obstruction or obstruction.

(2) Repair the highway obstruction or obstruction under plans submitted to and approved by the Department.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.61 Procedures for investigations.

The Department may, if it finds there is reasonable cause to suspect the existence of conditions which could cause floodwaters or materials carried by floodwaters to endanger or cause damages to people or property, order the owner to conduct such investigations, studies, tests and analyses as may be required to properly evaluate the safety of the structure. Such investigations, studies, tests and analyses shall be accomplished under the supervision of a registered professional engineer or other licensed professional as may be appropriate, experienced in the design, construction, operation and maintenance of such facilities and approved by the Department, and shall be accomplished in accordance with such methods and within the time limits as the Department may prescribe. Failure to provide such investigative results to the Department on request will constitute adequate grounds for revocation or suspension of a permit.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.62 Correction of unsafe conditions.

If the Department determines that any highway or obstruction could cause floodwaters or material carried by floodwaters to endanger or cause damage to people or property, it may require the owner of the facility to repair, alter, maintain or remove the facility or take such other action as necessary to carry out the purposes of this chapter within such time as prescribed by the Department.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

25 Pa. Code § 106.63 Emergency procedures.

The following procedures apply to emergency conditions as they relate to flood damage potential or water pollution:

(1) The permittee or owner of a highway obstruction or obstruction shall immediately notify the Department and responsible authorities in adjacent and downstream communities, including emergency management authorities, of a condition of the facility which may threaten public health and safety and shall take necessary actions to protect life and property, including action required by order issued by the Department under the act.

(2) The permittee or owner of a highway obstruction or obstruction shall immediately notify the Department of new or temporary construction, modification, removal, or destruction of a highway obstruction or obstruction necessitated by an emergency condition. In addition, within 30 days after notification, the permittee or owner shall file with the Department a written report describing the emergency condition and the necessary remedial action.

(3) Calls should be directed to the Department’s Harrisburg Central Office at (717) 787-6826 or (717) 783-1384, (717) 787-4343 (Department’s 24-hour emergency number), or to the Pennsylvania Emergency Management Agency at (717) 783-8150.

History

• Authority: The provisions of this Chapter 106 issued under section 302 of the Flood Plain Management Act (32 P.
• Source: The provisions of this Chapter 106 adopted February 29, 1980, effective March 1, 1980, 10 Pa.

Chapter 121 General Provisions

25 Pa. Code § 121.1 Definitions.

The definitions in section 3 of the act (35 P.S. § 4003) apply to this article. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise: ABS welding adhesive or acrylonitrile-butadiene-styrene welding adhesive— An adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene (ABS) pipe, which is made by reacting monomers of acrylonitrile, butadiene and styrene. Ablative coating—A coating that chars when exposed to open flame or extreme temperatures, as would occur during the failure of an engine casing or during aerodynamic heating. The ablative char surface serves as an insulating barrier, protecting adjacent components from the heat or open flame. Account—The place in the NOx allowance tracking system where allowances are recorded including allowances held by a NOx affected source. Account number—The identification number given by the NOx budget administrator to an account in which NOx allowances are held in the NOx allowance tracking system. Acquiring account—The party in a NOx allowance transfer who obtains NOx allowances through purchase, trade, auction, gift or another lawful means. Act—The Air Pollution Control Act (35 P. S. § § 4001—4015). Actual emissions—For purposes of Chapter 127, Subchapter E (relating to new source review), the actual rate of emissions of a regulated NSR pollutant from an emissions unit shall be determined in accordance with the following subparagraphs. This definition does not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under § 127.218 (relating to PALs). Instead, the definition of the terms ‘‘projected actual emissions’’ and ‘‘baseline actual emissions’’ apply for those purposes. This definition may not be used to calculate a baseline emissions rate under § 127.207(4) (relating to creditable emissions decrease or ERC generation and creation).

(i) Actual emissions as of a particular date must equal the average rate, in TPY, at which the unit actually emitted the regulated NSR pollutant during the consecutive 24-month period which immediately preceded the particular date and which is representative of normal source operations. The Department will authorize the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit’s actual operating hours, production rates and types of materials processed, stored or combusted during the selected time period.

(ii) For an emissions unit that has not begun normal operations on the particular date, actual emissions equal the potential to emit of the unit on that date. Actual PAL for a major facility—A PAL based on the baseline actual emissions of all emissions units at a major facility that emit or have the potential to emit the PAL pollutant. Adhesion promoter—A very thin coating applied to an aerospace vehicle or component substrate to promote wetting and to form a chemical bond with the subsequently applied material. Adhesive—

(i) A chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

(ii) The term does not include coatings or finishing materials. Adhesive bonding primer—A primer applied in a thin film to aerospace components for the purpose of corrosion inhibition and increased adhesive bond strength by attachment. There are two categories of adhesive bonding primers:

(i) Primers with a design cure at 250°F or below.

(ii) Primers with a design cure above 250°F. Adhesive primer—

(i) A product intended by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.

(ii) For purposes of § 129.73 (relating to aerospace manufacturing and rework), a coating applied to an aerospace vehicle or component that does one of the following:

(A) Inhibits corrosion and serves as a primer when applied to bare metal or other surfaces prior to adhesive application.

(B) Is applied to surfaces that can be expected to contain fuel, with the exception of fuel tanks. Aerosol adhesive—An adhesive packaged as an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for handheld application without the need for ancillary hoses or spray equipment. Aerosol coating—A coating expelled from a hand-held pressurized, nonrefillable container in a finely divided spray when a valve on the container is depressed. Aerospace coating operation—An operation using a spray booth, tank or other enclosure of an area, such as a hangar for applying a single type of coating—for example, primer. Using the same spray booth for applying another type of coating—for example, a topcoat—constitutes a separate coating operation for which compliance determinations are performed separately. Aerospace coating unit—A series of one or more coating applicators and any associated drying area or oven wherein a coating is applied, dried and cured. A coating unit ends at the point where the coating is dried or cured, or prior to a subsequent application of a different coating. It is not necessary to have an associated oven or flashoff area to be included in this definition. Aerospace primer—The first layer and subsequent layers of identically formulated coating applied to the surface of an aerosapce vehicle or component. Primers are typically used for corrosion prevention, protection from the environment, functional fluid resistance or adhesion of subsequent coatings. The term does not include primers that are defined as specialty coatings. Aerospace surface preparation—The removal of contaminants from the surface of an aerospace vehicle or component or the activation or reactivation of the surface in preparation for the application of a coating. Aerospace topcoat—A coating that is applied over a primer on an aerospace vehicle or component for appearance, identification, camouflage or protection. The term does not include topcoats that are defined as specialty coatings. Aerospace touch-up and repair operation—

(i) That portion of the coating operation that is the incidental application of coating used to cover minor imperfections in the coating finish or to achieve complete coverage.

(ii) The term includes out-of-sequence or out-of-cycle coating. Aerospace vehicle or component—

(i) For purposes of § 129.73, a fabricated part, processed part, assembly of parts or completed unit, with the exception of electronic components, of an aircraft including airplanes, helicopters, missiles, rockets and space vehicles.

(ii) For purposes of § 129.77 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents) and Chapter 130, Subchapter D (relating to adhesives, sealants, primers and solvents), the fabricated part, assembly of parts or completed unit of an aircraft, helicopter, missile or space vehicle, including passenger safety equipment. Agency—An official body of a political subdivision of the Commonwealth having the authority or duty to enforce local ordinances or resolutions relating to the prevention and control of air pollution. Air basin—A geographic area of this Commonwealth as delimited in this section. Air cleaning device—An article, chemical, machine, equipment or other contrivance, the use of which may eliminate, reduce or control the emission of air contaminants into the atmosphere. Air contamination source—Any place, facility or equipment, stationary or mobile, at, from or by reason of which there is emitted into the outdoor atmosphere any air contaminant. Aircraft fluid systems—Systems that handle hydraulic fluids, fuel, cooling fluids or oils. Aircraft transparency—An aircraft windshield, canopy, passenger window, lense or another component that is constructed of transparent materials. Air dried coating—Coatings which are dried by the use of air or forced warm air at temperatures up to 194°F. Air flask specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52 (relating to surface coating processes), Table I, category 12, a special composition coating that is:

(i) Applied to interior surfaces of high-pressure breathing air flasks to provide corrosion resistance.

(ii) Certified as safe for use with breathing air supplies. Airless cleaning system—A solvent cleaning machine that is automatically operated and seals at a differential pressure of 0.50 pounds per square inch gauge (psig) or less, prior to the introduction of solvent or solvent vapor into the cleaning chamber and maintains differential pressure under vacuum during all cleaning and drying cycles. Airless spray—A spray coating method in which the coating is atomized by forcing it through a small nozzle opening at high pressure. The coating is not mixed with air before exiting from the nozzle opening. Air oxidation reactor—For purposes of § 129.71a (relating to control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes):

(i) A device or process vessel in which one or more organic reactants are combined with air, or a combination of air and oxygen, to produce one or more organic compounds.

(ii) The term includes ammoxidation and oxychlorination reactions. Air pollution—The presence in the outdoor atmosphere of any form of contaminant, including, but not limited to, the discharging from stacks, chimneys, openings, buildings, structures, open fires, vehicles, processes or any other source of any smoke, soot, fly ash, dust, cinders, dirt, noxious or obnoxious acids, fumes, oxides, gases, vapors, odors, toxic, hazardous or radioactive substances, waste or other matter in a place, manner or concentration inimical or which may be inimical to public health, safety or welfare or which is or may be injurious to human, plant or animal life or to property or which unreasonably interferes with the comfortable enjoyment of life or property. Air quality control region—An air quality control region designated as such by the Administrator of the EPA under the Clean Air Act and which includes any part of this Commonwealth. Airtight cleaning system—A solvent cleaning machine that is automatically operated and seals at a differential pressure no greater than 0.50 psig, prior to the introduction of solvent or solvent vapor into the cleaning chamber and during all cleaning and drying cycles. Alcohol—A chemical compound consisting of the hydroxyl (OH) group attached to an alkyl radical and having the general formula CnH2n+1OH, such as ethanol, n-propanol and isopropyl alcohol. Alcohol substitute—Nonalcohol additives that contain VOCs and are used in the fountain solution including ethylene glycol and glycol ethers. Some additives are used to reduce the surface tension of water and others are added to prevent piling (ink build up). Allegheny County air basin—Allegheny County. Allentown, Bethlehem, Easton air basin—The following political subdivisions in Lehigh County: City of Allentown, City of Bethlehem, Catasauqua Borough, Coplay Borough, Emmaus Borough, Fountain Hill Borough, Hanover Township, Salisbury Township, South Whitehall Township and Whitehall Township, and the following political subdivisions in Northampton County: Allen Township, Bath Borough, City of Bethlehem, Bethlehem Township, East Allen Township, City of Easton, Freemansburg Borough, Glendon Borough, Hanover Township, Hellertown Borough, Lower Nazareth Township, Lower Saucon Township, Nazareth Borough, North Catasauqua Borough, Northampton Borough, Palmer Township, Stockertown Borough, Tatamy Borough, Upper Nazareth Township, West Easton Borough and Wilson Borough. Allowable emissions—The emissions rate of a facility calculated using the maximum rated capacity of the facility unless the facility is subject to Federally enforceable limits which restrict the operating rate, or hours of operation, or both, and the most stringent of the following:

(i) The applicable standards in 40 CFR Part 60 or 61 (relating to standards of performance for new stationary sources; and National emission standards for hazardous air pollutants).

(ii) An applicable SIP emissions limitation, including those with a future compliance date.

(iii) The emissions rate specified under a requirement or condition in a plan approval or operating permit that is Federally enforceable or enforceable as a practical matter, including those with a future compliance date.

(iv) For purposes of the PAL requirements in § 127.218, the allowable emissions shall be calculated considering the emission limitations that are enforceable as a practical matter on the emissions unit’s potential to emit. Alternative method—A method of sampling and analyzing for an air pollutant that is not a reference or equivalent method but has been demonstrated to the satisfaction of the Administrator of the EPA to, in specific cases, produce results adequate for a determination of compliance. Ambient air quality standards—Concentrations of air contaminants in the ambient air, as provided for in Chapter 131 (relating to ambient air quality standards). Antenna specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating applied to equipment through which electromagnetic signals must pass for reception or transmission. Antichafe coating—A coating applied to areas of moving aerospace components that may rub during normal operations or installation. Antifoulant specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a coating that is:

(i) Applied to the underwater portion of a vessel to prevent or reduce the attachment of biological organisms.

(ii) Registered with the EPA as a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.A. § § 136—136y). Antique aerospace vehicle or component—An antique aircraft, as defined by 14 CFR Part 45 (relating to identification and registration marking), or components thereof. An antique aerospace vehicle would not routinely be in commercial or military service in the capacity for which it was designed. Antique motor vehicle—A motor vehicle, but not a reproduction thereof, manufactured more than 25 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformance with manufacturer specifications. Applicability determination—The process of determining which new source review requirements, including netting, apply to a modification to a facility. Applicable requirements—Requirements which apply to any source at a Title V facility including the following:

(i) Those that have been promulgated or approved by the EPA under the Clean Air Act or the regulations adopted under the Clean Air Act through rulemaking at the time of issuance but have future-effective compliance dates.

(ii) A standard provided for in the Commonwealth’s SIP approved by the EPA under Title I of the Clean Air Act (42 U.S.C.A. § § 7401—7508) that implements the relevant requirements of the Clean Air Act, including revisions to that plan.

(iii) A term or condition of preconstruction permits issued under regulations approved or promulgated through rulemaking under Title I, including Part C or D, of the Clean Air Act.

(iv) A standard or other requirement under section 111 of the Clean Air Act (42 U.S.C.A. § 7411), including subsection (d).

(v) A standard or other requirement under section 112 of the Clean Air Act (42 U.S.C.A. § 7412), including a requirement concerning accident prevention under subsection (r)(7).

(vi) A standard or other requirement of the acid rain program under Title IV of the Clean Air Act (42 U.S.C.A. § § 7641—7651o) or the regulations thereunder.

(vii) Requirements established under section 504(b) or section 114(a)(3) of the Clean Air Act (42 U.S.C.A. § 7414(a)(3)).

(viii) A standard or other requirement governing solid waste incineration, under section 129 of the Clean Air Act (42 U.S.C.A. § 7429).

(ix) A standard or other requirement for consumer and commercial products, under section 183(e) of the Clean Air Act (42 U.S.C.A. § 7511b(e)).

(x) A standard or other requirement for tank vessels, under section 183(f) of the Clean Air Act.

(xi) A standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Clean Air Act (42 U.S.C.A. § 7627).

(xii) A standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Clean Air Act (42 U.S.C.A. § § 7671—7671q), unless the Administrator of the EPA has determined that the requirements need not be contained in a Title V permit.

(xiii) A National ambient air quality standard or increment or visibility requirement under Title I, Part C of the Clean Air Act, but only as it would apply to temporary sources permitted under section 504(e) of the Clean Air Act (42 U.S.C.A. § 7661d).

(xiv) A requirement enforceable by the Administrator of the EPA and by citizens under the act that limits emissions for purposes of creating offset credits or for complying with or avoiding applicability of applicable requirements. Aqueous cleaning solvent—A solvent in which water is at least 80% by weight of the solvent. Aqueous cleaning solvents solutions have a flash point greater than 93°C (200°F) (as reported by the manufacturer) and the solution is miscible with water. Architectural sealant or primer—

(i) A sealant or sealant primer intended by the manufacturer to be applied to stationary architectural structures, including mobile homes, and their appurtenances.

(ii) Appurtenances to a stationary architectural structure include hand railings, cabinets, bathroom and kitchen fixtures, fences, rain gutters and downspouts, and windows. As applied—

(i) The VOC and solids content of a coating, adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent that is actually used to coat the substrate.

(ii) The term includes the contribution of materials used for in-house dilution of the coating.

(iii) For purposes of § § 129.67a and 129.67b (relating to control of VOC emissions from flexible packaging printing presses; and control of VOC emissions from offset lithographic printing presses and letterpress printing presses), the VOC concentration of an ink, coating, adhesive, fountain solution or cleaning solution at the time it is actually used on a printing press. As supplied—

(i) The VOC and solids content of a coating, adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent as sold and delivered to the end user.

(ii) For purposes of § § 129.67a and 129.67b, the VOC concentration of an ink, coating, adhesive, fountain solution or cleaning solution that is purchased for use on a printing press. Automobiles—Passenger cars capable of seating 12 or fewer passengers and major components of these cars, including, but not limited to, chassis, frames, doors and engines. Automotive elastomeric coating—A coating designed for application over surfaces of flexible mobile equipment and mobile equipment components, such as elastomeric bumpers. Automotive glass adhesive primer—An adhesive primer labeled by the manufacturer to be applied to automotive glass prior to installation of the glass using an adhesive or sealant. This primer improves the adhesion to pinch weld and blocks ultraviolet light. Automotive impact-resistant coating—A coating designed to resist chipping caused by road debris. Automotive jambing clearcoat—A fast-drying, ready-to-spray clearcoat applied to surfaces such as door jambs and trunk and hood edges to allow for quick closure. Automotive lacquer—A thermoplastic coating applied directly to bare metal surfaces of mobile equipment and mobile equipment components which dries primarily by solvent evaporation, and which is resoluble in its original solvent. Automotive low-gloss coating—A coating which exhibits a gloss reading less than or equal to 25 on a 60° glossmeter. Automotive multicolored topcoat—A topcoat that exhibits more than one color, is packaged in a single container, and camouflages surface defects on areas of heavy use, such as cargo beds and other surfaces of trucks and other utility vehicles. Automotive pretreatment—A primer that contains a minimum of 0.5% acid, by weight, that is applied directly to bare metal surfaces of mobile equipment and mobile equipment components to provide corrosion resistance and to promote adhesion of subsequent coatings. Automotive primer-sealer—A coating applied to mobile equipment and mobile equipment components prior to the application of a topcoat for the purpose of providing corrosion resistance, promoting the following:

(i) Adhesion of subsequent coatings.

(ii) Color uniformity.

(iii) The ability of the undercoat to resist penetration by the topcoat. Automotive primer-surfacer—A coating applied to mobile equipment and mobile equipment components prior to the application of topcoat for the purpose of:

(i) Filling surface imperfections in the substrate.

(ii) Providing corrosion resistance.

(iii) Promoting adhesion of subsequent coatings. Automotive specialty coating—Coatings, including, but not limited to, elastomeric coatings, adhesion promoters, low gloss coatings, bright metal trim repair coatings, automotive jambing clearcoats, impact resistant coatings, rubberized asphaltic underbody coatings, uniform finish blenders, weld-through primers applied to automotive surfaces and lacquer topcoats applied to a classic motor vehicle or to an antique motor vehicle. Automotive topcoat—A coating or series of coatings applied over an automotive primer-surfacer, automotive primer-sealer or existing finish on the surface of mobile equipment and mobile equipment components for the purpose of protection or beautification. Automotive touch up repair—The application of automotive topcoat finish materials to cover minor finishing imperfections equal to or less than 1 inch in diameter. BACT—Best available control technology—An emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major facility or major modification which the Department, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for the facility or modification through application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of the pollutant. The application of BACT may not result in emissions of a pollutant which would exceed the emissions allowed by any applicable standard under 40 CFR Part 60 or 61. If the Department determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of BACT. The standard must, to the degree possible, set forth the emissions reduction achievable by implementation of the design, equipment, work practice or operation, and provide for compliance by means which achieve equivalent results. Basecoat—A coat of colored material, usually opaque, that is ordinarily applied before graining inks, glazing coats or other opaque coatings and is usually covered with an application of topcoat for protection.— Baseline actual emissions—The rate of emissions, in tpy, of a regulated NSR pollutant, as determined in accordance with § 127.203a(a)(4) (relating to applicability determination). Batch—

(i) For purposes of § 129.67b, a supply of fountain solution or cleaning solution that is prepared and used without alteration until completely used or removed from the printing process.

(ii) The term includes:

(A) A supply of fountain solution or cleaning solution prepared in a discrete amount.

(B) A supply of fountain solution that is continuously blended with an auto mix unit.

(C) A supply of cleaning solution that is blended and delivered to a press by use of an automatic blanket or roller wash system. Batch vapor cleaning machine—

(i) A vapor cleaning machine in which individual parts or a set of parts move through the entire cleaning cycle before new parts are introduced into the cleaning machine.

(ii) The term includes solvent cleaning machines, such as ferris wheel cleaners or cross rod machines, that clean multiple loads simultaneously and are manually loaded.

(iii) The term does not include machines which do not have a solvent/air interface, such as airless and airtight cleaning systems. Bead dipping—The dipping of an assembled tire bead into a solvent based cement. Begin actual construction—Initiation of physical onsite construction activities on an emissions unit or a facility which are of a permanent nature. These activities include installation of building supports and foundations, laying of underground pipe work and construction of permanent storage structures. With respect to a change in method of operating, the term refers to those onsite activities other than preparatory activities which mark the initiation of the change. Best available technology—Equipment, devices, methods or techniques as determined by the Department which will prevent, reduce or control emissions of air contaminants to the maximum degree possible and which are available or may be made available. Bitumens—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, black or brown materials that consist mainly of hydrocarbons and are soluble in carbon disulfide. Bituminous resin specialty coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12:

(i) A coating that incorporates bitumens as a principal component and is formulated primarily to be applied to a substrate or surface to resist ultraviolet radiation or water, or both.

(ii) The term is included in the specialty coating category ‘‘repair and maintenance of thermoplastic coating of commercial vessels.’’ Blender—A person who owns, leases, operates, controls or supervises an oxygenate blending facility. Blown glass—Glassware shaped by blowing air into a molten glass gather. Bonding maskant—A temporary coating used to protect selected areas of aerospace parts from strong acid or alkaline solutions during processing for bonding. Bottom filling—The filling of a tank truck or stationary storage tank through an opening which is flush with or directly adjacent to the tank bottom. Btu—British thermal unit—The amount of thermal energy necessary to raise the temperature of 1 pound of pure liquid water by 1° F at the temperature at which water has its greatest density (39° F). Bulk gasoline plant—A gasoline storage and distribution facility with a daily throughput of less than 20,000 gallons (76,000 liters). Bulk gasoline terminal—A gasoline storage and distribution facility which has a daily throughput of 20,000 gallons (76,000 liters) or more of gasoline. CARB—California Air Resources Board—The board established and empowered to regulate sources of air pollution in California, including motor vehicles, under California Health & Safety Code Section 39003. CARB Executive Order—A document issued by CARB certifying one of the following, unless otherwise specified:

(i) That a specified engine family or model year vehicle has met applicable Title 13 CCR requirements for certification and sale in California.

(ii) That a specified Phase I vapor recovery system or component of a Phase I vapor recovery system meets applicable requirements for certification and sale in California.

(iii) That a specified type of non-vapor recovery equipment, such as a low permeation hose, is certified for use at a gasoline dispensing facility that does not have a Stage II vapor recovery system. CARC—chemical agent resistant coating—An exterior topcoat applied to aerospace vehicles or components designed to withstand exposure to chemical warfare agents or the decontaminants used on these agents. CCR—California Code of Regulations. CEMS—Continuous emissions monitoring system—All of the equipment that may be required to meet the data acquisition and availability requirements established under the act or the Clean Air Act to monitor, measure, calculate, sample, condition, analyze and provide a record of emissions from an affected unit on a continuous basis. CERMS—Continuous emissions rate monitoring system—For purposes of Chapter 127, Subchapter E, the total equipment required for the determination and recording of the pollutant mass emissions rate, in terms of mass per unit of time. CMSA—Consolidated Metropolitan Statistical Area. CO—Carbon monoxide. CO2—Carbon dioxide. CPDS—Certified Product Data Sheet—

(i) For purposes of wood furniture manufacturing operations under § § 129.101—129.107 (relating to wood furniture manufacturing operations), documentation furnished by a coating supplier or an outside laboratory for a coating, strippable spray booth coating or solvent that provides the VOC content as pounds of VOC per pound of coating solids calculated from data measured using the EPA Reference Method 24 or an equivalent or alternative method. Batch formulation data may be used if it is demonstrated to the satisfaction of the Administrator of the EPA that the coating does not release additional VOC as reaction byproducts during the cure. The VOC content stated should represent the maximum VOC emission potential of the coating, strippable spray booth coating or solvent.

(ii) For purposes of printing operations under § 129.67b, documentation furnished by an ink supplier or an outside laboratory for an ink, fountain solution, cleaning solution or solvent that provides the VOC content calculated from data measured using the EPA Reference Method 24 or an equivalent or alternative method approved by the Department. The VOC content stated should represent the maximum VOC emission potential of the ink, fountain solution, cleaning solution or solvent. CPMS—continuous parameter monitoring system—The equipment necessary to meet the data acquisition and availability requirements to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents), and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter values on a continuous basis. CPVC—Chlorinated polyvinyl chloride. CPVC plastic or chlorinated polyvinyl chloride plastic—A polymer of the vinyl chloride monomer that contains 67% chlorine and is normally identified with a CPVC marking. CPVC welding adhesive or chlorinated polyvinyl chloride welding adhesive—An adhesive labeled for welding of CPVC plastic. Can coating—Exterior coating and interior spray coating in two-piece can lines; interior and exterior coating in sheet coating lines for three-piece cans; side-seam spray coating and interior spray coating in can-fabricating lines for three-piece cans; and sealing compound application and sheet coating in end coating lines. Carbon adsorber—A bed of activated carbon into which an air/solvent gas-vapor stream is routed and which absorbs the solvent on the carbon. Car pool—Two or more persons commuting to a worksite on a regular basis in a vehicle with a capacity of less than seven seating positions. Carrier—A distributor who does not take title to or otherwise have ownership of the commercial fuel oil or gasoline, and does not alter either the quality or quantity of the commercial fuel oil or gasoline. Ceramic tile installation adhesive—An adhesive intended by the manufacturer for use in the installation of ceramic tiles. Charging—The operation by which coal is introduced into a coke oven. Charging port—An opening on the oven through which coal is or may be introduced into a coke oven whether or not the opening is regularly used for that purpose, including a jumper pipe port. Chemical milling maskant—A coating that is applied directly to aluminum aerospace vehicles or components to protect surface areas when chemically milling the component with a Type II etchant. The term does not include maskants used with Type I etchants, bonding maskants, line sealers and critical use and seal coat maskants. Additionally, maskants that must be used on an individual part or subassembly with a combination of Type II etchants and any of these types of maskants—for example, Type I compatible, bonding, line sealers and critical use and seal coat. Class II hardboard paneling finish—A finish that meets the specifications of Voluntary Product Standard PS-59-73 as approved by the American National Standards Institute. Classic motor vehicle—A motor vehicle, but not a reproduction thereof, manufactured at least 15 years prior to the current year which has been maintained in or restored to a condition which is substantially in conformity with manufacturer specifications and appearance. Clean Air Act—The Clean Air Act (42 U.S.C.A. § § 7401—7642), and the rules and regulations promulgated thereunder. Clean Vehicles Program—A low-emissions vehicle program established under section 177 of the Clean Air Act (42 U.S.C.A. § 7507) which implements the low emission standards for new motor vehicles and motor vehicle engines adopted by California under a waiver obtained from the Administrator of the EPA under section 209(b) of the Clean Air Act (42 U.S.C.A. § 7543(b)). Clean wood—The term includes the following:

(i) Wood that contains no paint, stains or other types of coatings.

(ii) Wood that has not been treated with preservatives or chemicals, including copper, chromium arsenate, creosote and pentachlorophenol. Cleaning operation—Spray-gun, hand-wipe and flush cleaning operations. Cleaning solution—A liquid solvent or solution used to remove ink, including dried ink, and debris from the operating surfaces of a printing press and its parts. The term includes a blanket wash, impression cylinder wash, roller wash, metering roller cleaner, plate cleaner, rubber rejuvenator and other cleaners used for cleaning a press or press parts or to remove dried ink or coating from areas around the press. Cleaning solvent—A liquid material used for hand-wipe, spray gun or flush cleaning. The term includes solutions that contain VOCs. Cleanup solvent—A VOC-containing material used for either of the following:

(i) To remove a loosely held, uncured (that is, not dry to the touch) adhesive or sealant from a substrate.

(ii) To clean equipment used in applying a material. Clear coat—A coating which lacks opacity or which is transparent and uses the undercoat as a reflectant base or undertone color, except for extreme performance coatings. Closed charging—The introduction of coal into a coke oven without exposing or opening the receiving coke oven to the atmosphere during charging. Closed charging emissions—An air contaminant emitted during closed charging from equipment through or by which coal is transported from storage or preheat hoppers and from a point on the receiving oven, including, but not limited to, a transport pipe, duct, fitting, valve or charging port or offtake piping. Closed-cycle depainting system—A dust free, automated process that removes a permanent coating in small sections at a time and maintains a continuous vacuum around the area being depainted to capture emissions. Coal tar—A dark thick liquid that forms as a byproduct of the process of producing coke from coal. Coal tar epoxy coating—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a black surface protection polymer that is a blend of various epoxy resins and coal tar used on surfaces subjected to extremely corrosive environments. Coating—

(i) For purposes of wood furniture manufacturing operations under § § 129.101—129.107, a protective, decorative or functional material applied in a thin layer to a surface.

(A) The term includes paints, topcoats, clear coats, varnishes, sealers, stains, washcoats, basecoats, inks and temporary protective coatings.

(B) The term does not include adhesives.

(ii) For purposes of paper, film and foil surface coating under § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes), a material applied onto or impregnated into a substrate for decorative, protective or functional purposes.

(A) The term includes solvent-borne coatings, waterborne coatings, adhesives, wax coatings, wax laminations, extrusion coatings, extrusion laminations, 100% solid adhesives, UV-cured coatings, electron beam-cured coatings, hot melt coatings and cold seal coatings.

(B) The term does not include materials used to form unsupported substrates, such as calendaring of vinyl, blown film, cast film, extruded film and co-extruded film.

(iii) For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a material that is applied in a thin layer to a substrate and which cures to form a continuous solid film. Coating line—The equipment and activities of the manufacturing process used to apply coatings onto or into a substrate. Coating solids or solids—For purposes of wood furniture manufacturing under § § 129.101—129.107, the part of the coating which remains after the coating is dried or cured. Solids content is determined using data from the EPA Reference Method 24 or an alternative method approved by the Administrator of the EPA. Coil coating—The coating of a continuous flat metal sheet or strip. Coke oven—The chamber into which coal is introduced for coking, including, but not limited to, the doors, jambs, refractory floor, walls and ceiling, charging ports and charging port covers—that is, lids—and the offtake piping, damper and other ducts or piping associated therewith. Coke oven battery—A process consisting of a jointly operated group of slot-type coke ovens, the operation of which results in the destructive distillation of coal by the indirect application of heat to separate the gaseous and liquid distillates from the carbon residue and includes coal preparation, coal charging, coking, separation and cleaning of the distillate, coke pushing, hot coke transfer and coke quenching. A coke oven battery is a single source for the purpose of this article and shall include, but not be limited to, the following, when present: the ovens; coal preheaters; underfiring systems; waste heat stack; offtake piping; flues; closed charging systems; door hoods; and operating equipment including larry cars, jumper pipes, pusher machines, door machines, mud trucks and quench cars associated with the operation of a battery. Existing batteries are identified as follows:

(i) A device or piece of equipment, containing or using nonboiling liquid which contains greater than 5% VOC or hazardous air pollutant (HAP) by weight, into which parts are placed to remove dirt, grease or oil from the surfaces of the parts or to dry the parts.

(ii) The term does not include machines which do not have a solvent/air interface, such as airless and airtight cleaning systems. Cold shutdown—A cold repair or replacement of damaged or worn refractory parts of a glass melting furnace while the furnace does not contain molten glass. Cold weather time period—For purposes of shipbuilding and ship repair coatings under § 129.52, Table I, category 12, a time during which the ambient temperature is below 4.5°C (40°F) and coating is to be applied. Combustion efficiency—A measure of the extent of a combustion reaction, abbreviated C. E. and computed as follows:

[CO2]C. E. =

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.2 Purpose.

The purpose of this article is to:

(1) Provide for the control and prevention of air pollution anywhere in this Commonwealth, except as expressly excluded in the act or otherwise noted in this article.

(2) Provide guidance for the design and operation of sources.

The provisions of this § 121.2 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.3 Applicability.

This article applies in all regions of this Commonwealth, unless otherwise clearly noted.

The provisions of this § 121.3 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.4 Regional organization of the Department.

The following regions are established for purposes of air pollution control and include the indicated counties:

(1) Southeast Region. Bucks, Chester, Delaware, Montgomery and Philadelphia Counties.

(2) Northeast Region. Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne and Wyoming Counties.

(3) Southcentral Region. Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry and York Counties.

(4) Northcentral Region. Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga and Union Counties.

(5) Southwest Region. Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington and Westmoreland Counties.

(6) Northwest Region. Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango and Warren Counties.

The provisions of this § 121.4 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial page (162518).

This section cited in 25 Pa. Code § 127.45 (relating to contents of notice); 25 Pa. Code § 127.425 (relating to contents of notice); and 25 Pa. Code § 129.303 (relating to exemptions).

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.7 Prohibition of air pollution.

No person may permit air pollution as that term is defined in the act.

The provisions of this § 121.7 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.8 Compliance responsibilities.

Compliance with any provision of this title may not relieve a person of the responsibility to comply with other provisions of this title, except when the relief has been clearly provided for in this title. Unless explicit reference is made to another section, each section of this title is construed and enforced according to its own terms. Thus, for example and without limitation on the general application of this section, compliance with both § § 123.1 and 123.41 (relating to prohibition of certain fugitive emissions; and limitations) shall be attained whether or not emissions comply with § § 123.11—123.13 (relating to particulate matter emissions). Compliance with each section of this title will be independently determined.

The provisions of this § 121.8 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 12, 1977, effective August 13, 1977, 7 Pa.B. 2251. Immediately preceding text appears at serial page (4618).

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.9 Circumvention.

No person may permit the use of a device, stack height which exceeds good engineering practice stack height, dispersion technique or other technique which, without resulting in reduction of the total amount of air contaminants emitted, conceals or dilutes an emission of air contaminants which would otherwise be in violation of this article, except that with prior approval of the Department, the device or technique may be used for control of malodors.

The provisions of this § 121.9 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended May 13, 1988, effective May 14, 1988, 18 Pa.B. 2204.

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 121.10 Existing orders.

Orders and permits issued and stipulations and agreements entered into by the Department prior to the effective date of this section shall continue in effect, but no order, permit, stipulation or agreement may relieve a person from the responsibility to fully comply with the applicable provisions of this article.

The provisions of this § 121.10 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

History

• Authority: The provisions of this § 121.
• Source: The provisions of this Chapter 121 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

Chapter 122 National Standards of Performance for New Stationary Sources

25 Pa. Code § 122.1 Purpose.

This chapter adopts Standards of Performance for New Stationary Sources promulgated by the United States Environmental Protection Agency under the Clean Air Act (42 U.S.C.A. § § 7401—7642), regulating the construction or modification of stationary sources. The standards are adopted to make them independently enforceable by the Department and to implement a delegation of Federal authority under section 111(c) of the Federal Clean Air Act (42 U.S.C.A. § 7411).

The provisions of this § 122.1 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534.

History

• Source: The provisions of this Chapter 122 adopted April 27, 1979, effective August 1, 1979, 9 Pa.

25 Pa. Code § 122.2 Scope.

The standards adopted in this chapter do not apply to sources located in areas under the jurisdiction of local air pollution control agencies approved under section 12 of the act (35 P.S. § 4012). The local agencies may or may not adopt such standards as they deem appropriate.

The provisions of this § 122.2 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534.

History

• Source: The provisions of this Chapter 122 adopted April 27, 1979, effective August 1, 1979, 9 Pa.

25 Pa. Code § 122.3 Adoption of standards.

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources, promulgated in 40 CFR Part 60 (relating to standards of performance for new stationary sources) by the Administrator of the EPA under section 111 of the Clean Air Act (42 U.S.C.A. § 7411) are adopted in their entirety by the Department and incorporated herein by reference.

The provisions of this § 122.3 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6804. Immediately preceding text appears at serial page (194242).

This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); and 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule).

History

• Source: The provisions of this Chapter 122 adopted April 27, 1979, effective August 1, 1979, 9 Pa.

Chapter 123 Standards for Contaminants

25 Pa. Code § 123.1 Prohibition of certain fugitive emissions.

(a) No person may permit the emission into the outdoor atmosphere of a fugitive air contaminant from a source other than the following:

(1) Construction or demolition of buildings or structures.

(2) Grading, paving and maintenance of roads and streets.

(3) Use of roads and streets. Emissions from material in or on trucks, railroad cars and other vehicular equipment are not considered as emissions from use of roads and streets.

(4) Clearing of land.

(5) Stockpiling of materials.

(6) Open burning operations.

(7) Blasting in open pit mines. Emissions from drilling are not considered as emissions from blasting.

(8) Coke oven batteries, provided the fugitive air contaminants emitted from any coke oven battery comply with the standards for visible fugitive emissions in § § 123.44 and 129.15 (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery; and coke pushing operations).

(9) Sources and classes of sources other than those identified in paragraphs (1)—(8), for which the operator has obtained a determination from the Department that fugitive emissions from the source, after appropriate control, meet the following requirements:

(i) The emissions are of minor significance with respect to causing air pollution.

(ii) The emissions are not preventing or interfering with the attainment or maintenance of an ambient air quality standard.

(b) An application form for requesting a determination under either subsection (a)(9) or § 129.15(c) is available from the Department. In reviewing these applications, the Department may require the applicant to supply information including, but not limited to, a description of proposed control measures, charac-teristics of emissions, quantity of emissions and ambient air quality data and analysis showing the impact of the source on ambient air quality. The applicant is required to demonstrate that the requirements of subsections (a)(9) and (c) and § 123.2 (relating to fugitive particulate matter) or of the requirements of § 129.15(c) have been satisfied. Upon such demonstration, the Department will issue a determination, in writing, either as an operating permit condition, for those sources subject to permit requirements under the act, or as an order containing appropriate conditions and limitations.

(c) A person responsible for any source specified in subsections (a)(1)—(7) or (9) shall take all reasonable actions to prevent particulate matter from becoming airborne. These actions include, but not be limited to, the following:

(1) Use, where possible, of water or chemicals for control of dust in the demolition of buildings or structures, construction operations, the grading of roads or the clearing of land.

(2) Application of asphalt, oil, water or suitable chemicals on dirt roads, material stockpiles and other surfaces which may give rise to airborne dusts.

(3) Paving and maintenance of roadways.

(4) Prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means.

(d) The requirements contained in subsection (a) and § 123.2 do not apply to fugitive emissions arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

The provisions of this § 123.1 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 12, 1977, effective August 29, 1977, 7 Pa.B. 2251. Immediately preceding text appears at serial pages (4620) and (24610).

Agency Authority

Although the Department of Environmental Resources under the Air Pollution Control Act (35 P. S. § 4001 et seq.) had been granted specific authority by the Legislature to regulate ‘‘air contamination sources’’ producing ‘‘air pollution’’ that includes obnoxious odors, nowhere was there any grant of authority to the Public Utility Commission, either directly or indirectly, to regulate air pollution emanating from a public utility. Country Place Waste Treatment Co. v. Pennsylvania Public Utility Commission, 654 A.2d 72 (Pa. Cmwlth. 1995).

Application Properly Denied

The Department was required to deny an application for reactivation of beehive coke ovens, regardless of economic consequences, when the application did not provide information which would show that the ovens would meet the limitations applicable to fugitive emissions, and constitutional rights are not violated even though there is no known method to operate beehive coke ovens in compliance with this title. Rochez Brothers Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

Burden of Proof

Testimony by the environmental group’s president that the air was polluted (that is, ‘‘fuming’’ resulted from the reaction process used to treat waste at the industrial processors facility) was not credible on the issues relating to the existence or cause of air quality problems as would shift the burden of proof to the Department of Environmental Resources to justify the issuance of the solid waste disposal permit. Concerned Citizens of Yough, Inc. v. Department of Environmental Resources, 639 A.2d 1265 (Pa. Cmwlth. 1994).

The Commonwealth need not prove that the fugitive dust emissions in question caused or contributed to a condition of air pollution because the determination that such emissions cause or contribute to a condition of air pollution had already been made at the time the section was promulgated, and the section is reasonably understandable and specific. Department of Environmental Resources v. Locust Point Quarries, Inc., 396 A.2d 1205 (Pa. 1979).

Clearing of Land

Environmental Hearing Board did not err in finding asphalt plant operator’s extracting soil down to bedrock to prepare area for blasting was not exempt from ‘‘clearing of land,’’ Department of Environmental Protection defined clearing of land as the removal of trees, brush and surface vegetation and not the removal of overburden down to bedrock. Eureka Stone Quarry v. Dep’t of Envtl. Protection, 957 A.2d 337, 348 (Pa. Cmwlth. 2008).

Construction

Since § 123.2 (relating to fugitive particulate matter) applies only to the nine exemptions listed in (a)(1)—(9), the two sections do not overlap and either one can stand alone as a basis for a violation. Medusa Corp. v. Department of Environmental Resources, 415 A.2d 105 (Pa. Cmwlth. 1980).

Criminal Prosecution

To prove a criminal violation of this section, as modified by § 123.13 (relating to processes), scientific evidence must be introduced proving beyond a reasonable doubt that the offensive fugitive emissions exceeded the permissible maximum set forth in § 123.12 (relating to incinerators). Department of Environmental Resources v. Locust Point Quarries Inc., 367 A.2d 392 (Pa. Cmwlth. 1976).

Evidence

To properly challenge the reasonableness of this section, evidence must be presented to establish that the section will not aid in reaching national ambient air quality standards and that the proscribed activity is insignificant as a cause of air pollution. Department of Environmental Resources v. Locust Point Quarries, Inc., 396 A.2d 1205 (Pa. 1979).

A conviction for violation of this section cannot be sustained absent sufficient visual and/or scientific evidence to establish that the quarry dust observed by Department agents was such as to constitute air pollution as defined by the Air Pollution Control Act. Commonwealth v. Locust Point Quarries Inc., 72 Pa. D. & C.2d 700 (1975).

Fugitive Emissions

A fugitive emission is an emission of an air contaminant in a specific manner and it includes particulate matter, sulfur compounds, odor and visible emissions if emitted other than through a flue. Department of Environmental Resources v. Locust Point Quarries, Inc., 396 A.2d 1205 (Pa. 1979).

General Comment

This section was intended to stand alone and be construed independently of § 123.13 (relating to processes). Department of Environmental Resources v. Locust Point Quarries, Inc., 396 A.2d 1205 (Pa. 1979).

Minor Significance

The comment by the Environmental Hearing Board that the operator failed to invoke the ‘‘minor significance’’ exception of (a)(9) was proper because the exception existed throughout the relevant time period of 1973 to 1976, and the procedural provisions added by a 1977 amendment were immaterial. Medusa Corp. v. Department of Environmental Resources, 415 A.2d 105 (Pa. Cmwlth. 1980).

A rock quarry was not a source of minor significance within the meaning of § 127.14 (relating to exemptions) if nothing in the record supported such a determination and the DER had not so determined. Mignatti Construction Co., Inc. v. Environmental Hearing Board, 411 A.2d 860 (Pa. Cmwlth. 1980).

Review

A request for a grace period for compliance with a temporary variance did not have a res judicata effect on a subsequent request for an exemption from emission control requirements under this provision, since there was no identity of the thing sued for. Bethlehem Steel Corporation v. Department of Environmental Resources, 390 A.2d 1383 (Pa. Cmwlth. 1978).

On appeal from the Department’s refusal to grant applicant permission to reactivate certain coke ovens, if the appellant did not show that the oven would meet the limitations in this title, but showed only the ‘‘dire need’’ for the coke to be produced, the scope of review is limited to whether constitutional rights were violated, an error of law committed, or any necessary finding of fact was not supported by the evidence. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 121.8 (relating to compliance responsibilities); 25 Pa. Code § 123.2 (relating to fugitive particulate matter); 25 Pa. Code § 123.42 (relating to exceptions); 25 Pa. Code § 129.15 (relating to coke pushing operations); and 25 Pa. Code § 264.521 (relating to design and operating standards).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.2 Fugitive particulate matter.

A person may not permit fugitive particulate matter to be emitted into the outdoor atmosphere from a source specified in § 123.1(a)(1)—(9) (relating to prohibition of certain fugitive emissions) if the emissions are visible at the point the emissions pass outside the person’s property.

The provisions of this § 123.2 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478. Immediately preceding text appears at serial page (60646).

Evidence

Visual evidence that dust emission left quarry property without witness as to the precise moment when fugitive dust escaped from the property was not proper grounds for dismissal of a violation as de minimis. Scurfield Coal, Inc. v. Commonwealth, 582 A.2d 694 (Pa. Cmwlth. 1990).

Facility Operations

This section which requires quarry owner to prevent emission into the atmosphere of particulate matter encompasses material stockpiled in both active and inactive operations, since the detriment to the public is the same. Eureka Stone Quarry, Inc. v. Commonwealth, 544 A.2d 1129 (Pa. Cmwlth. 1988).

Prevention

Quarry owner has an active duty to prevent particulate matter from visibly escaping into the atmosphere onto another’s property, which includes a responsibility to provide an adequate suppression system. Eureka Stone Quarry, Inc. v. Commonwealth, 544 A.2d 1129 (Pa. Cmwlth. 1988).

Testimony of an air quality specialist who visited the defendant’s quarry and viewed dust blowing into the air from actual stone crushing areas, conveying areas, stockpiles and haulage ways was sufficient to prove defendant caused the prohibited emissions to be emitted into the atmosphere outside of its own property. Eureka Stone Quarry, Inc. v. Commonwealth, 544 A.2d 1129 (Pa. Cmwlth. 1988).

This section which requires a quarry owner to prevent emission into the atmosphere of particulate matter encompasses material stockpiled in both active and inactive operations, since the detriment to the public is the same. Eureka Stone Quarry, Inc. v. Commonwealth, 544 A.2d 1129 (Pa. Cmwlth. 1988).

Quarry owner has an active duty to prevent particulate matter from visibly escaping into the atmosphere onto another’s property, which includes a responsibility to provide an adequate suppression system. Eureka Stone Quarry, Inc. v. Commonwealth, 544 A.2d 1129 (Pa. Cmwlth. 1988).

Since this section applies only to the nine exemptions listed in § 123.1(a)(1)—(9) (relating to fugitive emissions), the two sections do not overlap and either one can stand alone as a basis for a violation. Medusa Corp. v. Department of Environmental Resources, 415 A.2d 105 (Pa. Cmwlth. 1980).

This section cited in 25 Pa. Code § 77.108 (relating to permit for small noncoal operations); 25 Pa. Code § 123.1 (relating to prohibition of certain fugitive emissions); and 25 Pa. Code § 264.521 (relating to design and operating standards).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.11 Combustion units.

(a) A person may not permit the emission into the outdoor atmosphere of particulate matter from a combustion unit in excess of the following:

(1) The rate of 0.4 pound per million Btu of heat input, when the heat input to the combustion unit in millions of Btus per hour is greater than 2.5 but less than 50.

(2) The rate determined by the following formula:

A = 3.6E-0.56

where:

A = Allowable emissions in pounds per million Btus of heat input, and

E = Heat input to the combustion unit in millions of Btus per hour,

when E is equal to or greater than 50 but less than 600.

(3) The rate of 0.1 pound per million Btu of heat input when the heat input to the combustion unit in millions of Btus per hour is equal to or greater than 600.

(b) Allowable emissions under subsection (a) are graphically indicated in Appendix A.

The provisions of this § 123.11 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

Impossibility

There is no constitutional prohibition against imposition of civil penalties for failure to comply with technologically impossible standards, since the use of fines to spark technological development is reasonably related to the goal of reducing pollution. Department of Environmental Resources v. Pennsylvania Power Co. 416 A.2d 995 (Pa. 1980).

Impossibility of performance is a defense in a contempt proceeding where an order of court ordering a power company to comply with the SO2 regulations was impossible of performance and where, under the present state of technology, the power company’s proposed use of higher smokestacks to control SO2 emissions was as close as the company could come to compliance with the regulations. Department of Environmental Resources v. Pennsylvania Power Company, 316 A.2d 96 (Pa. Cmwlth. 1974).

Substantial Evidence

Substantial evidence of a violation can be supplied by the violator itself and need not be independently produced by the Department. Department of Environmental Resources v. Pennsylvania Power Company, 384 A.2d 273 (Pa. Cmwlth. 1978).

This section cited in 25 Pa. Code § 121.8 (relating to compliance responsibilities); and 25 Pa. Code § 139.12 (relating to emissions of particulate matter).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.12 Incinerators.

No person may permit the emission to the outdoor atmosphere of particulate matter from any incinerator, at any time, in such a manner that the particulate matter concentration in the effluent gas exceeds 0.1 grain per dry standard cubic foot, corrected to 12% carbon dioxide.

The provisions of this § 123.12 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 121.8 (relating to compliance responsibilities); and 25 Pa. Code § 139.12 (relating to emissions of particulate matter).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.13 Processes.

(a) Subsections (b) and (c) apply to all processes except combustion units, incinerators and pulp mill smelt dissolving tanks.

(b) No person may permit the emission into the outdoor atmosphere of particulate matter from a process listed in the following table, at any time, either in excess of the rate calculated by the formula in paragraph (2) or in a manner that the concentration of particulate matter in the effluent gas exceeds .02 grains per dry standard cubic foot, whichever is greater:

(1) Table.

(2) Formula. A = .76E0.42

where: A = Allowable emissions in pounds per hour. E = Emission index = F X W pounds per hour. F = Process factor in pounds per unit, and W = Production or charging rate in units per hour.

The factor F shall be obtained from the table in paragraph (1). The units for F and W shall be compatible.

(3) Allowable emissions. Allowable emissions under this subsection are graphically indicated in Appendix B.

(c) For processes not listed in subsection (b)(1), including, but not limited to, coke oven battery waste heat stacks and autogeneous zinc coker waste heat stacks, the following apply:

(1) Prohibited emissions. No person may permit the emission into the outdoor atmosphere of particulate matter from a process not listed in subsection (b)(1) in a manner that the concentration of particulate matter in the effluent gas exceeds any of the following:

(i) .04 grain per dry standard cubic foot, when the effluent gas volume is less than 150,000 dry standard cubic feet per minute.

(ii) The rate determined by the following formula: A = 6000 E-1

where: A = Allowable emissions in grains per dry standard cubic foot, and E = Effluent gas volume in dry standard cubic feet per minute,

when E is equal to or greater than 150,000 but less than 300,000.

(iii) .02 grain per dry standard cubic foot, when the effluent gas volume is greater than 300,000 dry standard cubic feet per minute.

(2) Allowable emissions. Allowable emissions under this subsection are graphically indicated in Appendix C.

(d) No person may permit the emission into the outdoor atmosphere of particulate matter from kraft and soda pulp mill smelt dissolving tanks in excess of .2 lb/ton black liquor solids—dry basis.

The provisions of this § 123.13 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 5 of the Air Pollution Control Act (35 P. S. § 4005); amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).

The provisions of this § 123.13 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended April 26, 1974, effective May 13, 1974, 4 Pa.B. 824; amended July 25, 1975, effective August 11, 1975, 5 Pa.B. 1916; amended July 23, 1976, effective August 9, 1976, 6 Pa.B. 1730; amended August 12, 1978, effective August 29, 1978, 8 Pa.B. 2251; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2102. Immediately preceding text appears at serial pages (84509) to (84511).

Criminal Violation

To prove a criminal violation of § 123.1, as modified by this section, scientific evidence must be introduced proving beyond a reasonable doubt that the offensive fugitive emissions exceeded the permissible maximum set forth in this section. Department of Environmental Resources v. Locust Point Quarries, Inc., 367 A.2d 392 (Pa. Cmwlth. 1976).

Denial of Application

The Department is required to deny an application for reactivation of beehive coke ovens, regardless of economic consequences, when the application does not provide any information which would show that the ovens would meet the limitations applicable to fugitive emissions and constitutional rights are not violated even though there is no known method to operate beehive coke ovens in compliance with the regulations. Rochez Brothers Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

Failure to Appeal

Where the party is aggrieved by Department order requiring compliance with this section by a certain date, failure to appeal the order bars an attack on the order and the validity of the regulation on which it was predicated in a subsequent enforcement proceeding brought by the Department. Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corp., 348 A.2d 765 (Pa. Cmwlth. 1975); affirmed in part remanded in part; 357 A.2d 320 (Pa. 1977); cert. denied 98 S. Ct. 514 (Pa. 1977).

Process

A quarry operation would appear to be included among those manufacturing processes outlined in this section but this interpretation does not preclude prosecution under another regulation restricting a distinct form of air contamination even though the same sources of contamination and the same contaminant are involved. Commonwealth v. Locust Point Quarries Inc., 72 Pa. D. & C.2d 700 (1975).

A steel corporation which is granted an extension of time for compliance with the standards relating to particulate matter emissions may not attack the validity of the order or the regulations on which it was predicated in a subsequent enforcement proceeding, and the corporation does not have the right to trial by jury even though it seeks declaratory relief in its answer to the enforcement petition. Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corp., 375 A.2d 320 (Pa. Cmwlth. 1977); 348 A.2d 765 (Pa. Cmwlth. 1975).

Scope of Review

On appeal from the Department’s refusal to grant applicant permission to reactivate certain coke ovens, where the appellant does not show that the oven would meet the limitations in this title but shows only the ‘‘dire need’’ for the coke to be produced, the scope of review is limited to whether constitutional rights were violated, an error of law committed or any necessary finding of fact not supported by the evidence. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 121.8 (relating to compliance responsibilities); 25 Pa. Code § 129.15 (relating to coke pushing operations); and 25 Pa. Code § 139.12 (relating to emissions of particulate matter).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.14 Outdoor wood-fired boilers.

(a) Applicability. Beginning on October 2, 2010, this section applies to the following:

(1) A person, manufacturer, supplier or distributor who sells, offers for sale, leases or distributes an outdoor wood-fired boiler for use in this Commonwealth.

(2) A person who installs an outdoor wood-fired boiler in this Commonwealth.

(3) A person who purchases, receives, leases, owns, uses or operates an outdoor wood-fired boiler in this Commonwealth.

(b) Exemptions.

(1) This section does not apply to a person, manufacturer, supplier or distributor who sells, offers for sale, leases or distributes in this Commonwealth a non-Phase 2 outdoor wood-fired boiler if the person, manufacturer, supplier or distributor demonstrates the non-Phase 2 outdoor wood-fired boiler is intended for shipment and use outside of this Commonwealth.

(2) Subsections (c), (d) and (e) do not apply to a permanently installed outdoor wood-fired boiler that was installed prior to October 2, 2010, and is transferred to a new owner as a result of a real estate transaction.

(3) A person may not sell, offer for sale, distribute or lease a non-Phase 2 outdoor wood-fired boiler in this Commonwealth unless the outdoor wood-fired boiler was manufactured, distributed, purchased or leased and received in this Commonwealth before May 31, 2011.

(i) This exemption shall remain in effect until May 31, 2011.

(ii) A non-Phase 2 outdoor wood-fired boiler purchased during the sell-through period must meet the following requirements:

(A) Be installed a minimum of 150 feet from the nearest property line.

(B) Have a permanently attached stack that meets the following requirements:

(I) Extends a minimum of 10 feet above the ground.

(II) Is installed according to the manufacturer’s specifications.

(c) Phase 2 outdoor wood-fired boiler. Except as provided under subsection (b):

(1) A person may not sell, offer for sale, distribute or install an outdoor wood-fired boiler for use in this Commonwealth unless it is a Phase 2 outdoor wood-fired boiler.

(2) A person may not purchase, lease or receive an outdoor wood-fired boiler for use in this Commonwealth unless it is a Phase 2 outdoor wood-fired boiler.

(d) Setback requirements for new Phase 2 outdoor wood-fired boilers. A person may not install a new Phase 2 outdoor wood-fired boiler in this Commonwealth unless the boiler is installed a minimum of 50 feet from the nearest property line.

(e) Stack height requirements for new Phase 2 outdoor wood-fired boilers. A person may not install, use or operate a new Phase 2 outdoor wood-fired boiler in this Commonwealth unless the boiler has a permanently attached stack. The stack must meet both of the following requirements:

(1) Extend a minimum of 10 feet above the ground.

(2) Be installed according to the manufacturer’s specifications.

(f) Allowed fuels. A person that owns, leases, uses or operates an outdoor wood-fired boiler in this Commonwealth shall use only one or more of the following fuels:

(1) Clean wood.

(2) Wood pellets made from clean wood.

(3) Home heating oil, natural gas or propane that:

(i) Complies with all applicable sulfur limits.

(ii) Is used as a starter or supplemental fuel for dual-fired outdoor wood-fired boilers.

(4) Other types of fuel approved in writing by the Department upon receipt of a written request.

(g) Prohibited fuels. A person who owns, leases, uses or operates an outdoor wood-fired boiler in this Commonwealth may not burn a fuel or material in that outdoor wood-fired boiler other than those fuels listed under subsection (f).

(h) Applicable laws and regulatory requirements. A person may not use or operate an outdoor wood-fired boiler in this Commonwealth unless it complies with applicable Commonwealth, county and local laws and regulations adopted thereunder.

The provisions of this § 123.14 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1).

The provisions of this § 123.14 adopted October 1, 2010, effective October 2, 2010, 40 Pa.B. 5571.

This section cited in 25 Pa. Code § 121.1 (relating to definitions).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.21 General.

(a) This section applies to sources except those subject to other provisions of this article, with respect to the control of sulfur compound emissions.

(b) No person may permit the emission into the outdoor atmosphere of sulfur oxides from a source in a manner that the concentration of the sulfur oxides, expressed as SO2, in the effluent gas exceeds 500 parts per million, by volume, dry basis.

The provisions of this § 123.21 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.22 Combustion units.

(a) Nonair basin areas. Combustion units in nonair basin areas must conform with the following:

(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 4 pounds per million Btu of heat input over a 1-hour period, except as provided in paragraph (4).

(2) Commercial fuel oil.

(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in nonair basin areas if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following table:

(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to September 1, 2020, which met the applicable maximum allowable sulfur content for commercial fuel oil through August 31, 2020, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after September 1, 2020.

(iii) The Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:

(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a nonair basin area. The request must include the following:

(I) The nonair basin county or counties for which the suspension or increase is requested.

(II) The reason compliant commercial fuel oil is not reasonably available.

(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.

(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the nonair basin area and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the specified nonair basin area.

(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the specified nonair basin area.

(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.

(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).

(4) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:

(i) This paragraph applies to solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour.

(ii) The owner of a solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139 (relating to sampling and testing) the Department will grant the petition.

(iii) No person subject to this paragraph may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2 from a combustion unit in excess of the rates set forth in the following table:

(iv) A combustion unit which does not meet the requirements of § 123.25 (relating to monitoring requirements) for installation and operation of continuous SO2 emission monitoring equipment shall be subject to the provisions of paragraph (1).

(b) Erie; Harrisburg; York; Lancaster; and Scranton, Wilkes-Barre air basins. Combustion units in these subject air basins must conform with the following:

(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 4 pounds per million Btu of heat input over a 1-hour period, except as provided in paragraph (4).

(2) Commercial fuel oil.

(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following table:

(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to September 1, 2020, which met the applicable maximum allowable sulfur content for commercial fuel oil through August 31, 2020, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after September 1, 2020.

(iii) The Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:

(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a subject air basin. The request must include the following:

(I) The subject air basin for which the suspension or increase is requested.

(II) The reason compliant commercial fuel oil is not reasonably available.

(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.

(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.

(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.

(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.

(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).

(4) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:

(i) This paragraph applies to solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to a solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.

(ii) The owner of any solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139, the Department will grant the petition.

(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit, at any time, in excess of the rates set forth in the following table:

(iv) A combustion unit which does not meet the requirements of § 123.25 for installation and operation of continuous SO2 emission monitoring equipment is subject to the provisions of paragraph (1).

(c) Allentown, Bethlehem, Easton; Reading; Upper Beaver Valley; and Johnstown air basins. Combustion units in these subject air basins must conform with the following:

(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of the rate of 3 pounds per million Btu of heat input over a 1-hour period, except as provided in paragraph (4).

(2) Commercial fuel oil.

(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following table:

(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to September 1, 2020, which met the applicable maximum allowable sulfur content for commercial fuel oil through August 31, 2020, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after September 1, 2020.

(iii) The Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:

(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a subject air basin. The request must include the following:

(I) The subject air basin for which the suspension or increase is requested.

(II) The reason compliant commercial fuel oil is not reasonably available.

(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.

(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.

(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.

(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.

(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).

(4) Solid fossil fuel fired combustion units. Solid fuel fired combustion units shall conform with the following:

(i) This paragraph applies to all solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to any solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.

(ii) The owner of a solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139 the Department will grant such petition.

(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of the rates set forth in the following table:

(iv) A combustion unit not meeting the requirements of § 123.25 for installation and operation of continuous SO2 emission monitoring equipment is subject to the provisions of paragraph (1).

(d) Allegheny County; Lower Beaver Valley; and Monongahela Valley air basins. Combustion units in these subject air basins must conform with the following:

(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit in excess of one or more of the following:

(i) The rate of 1 pound per million Btu of heat input, when the heat input to the combustion unit in millions of Btus per hour is greater than 2.5 but less than 50.

(ii) The rate determined by the following formula: A = 1.7E-0.14, where: A = Allowable emissions in pounds per million Btu of heat input, and E = Heat input to the combustion unit in millions of Btus per hours when E is equal to or greater than 50 but less than 2,000.

(iii) The rate of 0.6 pounds per million Btu of heat input when the heat input to the combustion unit in millions of Btus per hour is equal to or greater than 2,000.

(2) Commercial fuel oil.

(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in the subject air basins, if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following table:

(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to September 1, 2020, which met the applicable maximum allowable sulfur content through August 31, 2020, at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after September 1, 2020.

(iii) The Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:

(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in a subject air basin. The request must include the following:

(I) The subject air basin for which the suspension or increase is requested.

(II) The reason compliant commercial fuel oil is not reasonably available.

(III) The duration of time for which the suspension or increase is requested and the justification for the requested duration.

(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.

(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.

(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.

(3) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).

(e) Southeast Pennsylvania air basin. Combustion units in the Southeast Pennsylvania air basin must conform with the following:

(1) General provision. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit except as provided in paragraph (3) or (5), in excess of the applicable rate in pounds per million Btu of heat input specified in the following table:

(2) Commercial fuel oil.

(i) Except as specified in subparagraphs (ii) and (iii), a person may not offer for sale, deliver for use, exchange in trade or permit the use of commercial fuel oil in a combustion unit in the Southeast Pennsylvania air basin if the commercial fuel oil contains sulfur in excess of the applicable maximum allowable sulfur content set forth in the following table:

(ii) Commercial fuel oil that was stored in this Commonwealth by the ultimate consumer prior to September 1, 2020, which met the applicable maximum allowable sulfur content for commercial fuel oil through August 31, 2020, in subparagraph (i) at the time it was stored, may be used by the ultimate consumer in this Commonwealth on and after September 1, 2020.

(iii) The Department may temporarily suspend or increase the applicable maximum allowable sulfur content for a commercial fuel oil set forth in subparagraph (i) if the following occur:

(A) The Department receives a written request at the address specified in subsection (h) for a suspension or increase on the basis that compliant commercial fuel oil is not reasonably available in the subject air basin. The request must include both of the following:

(I) The reason compliant commercial fuel oil is not reasonably available.

(II) The duration of time for which the suspension or increase is requested and the justification for the requested duration.

(B) The Department determines that an insufficient quantity of compliant commercial fuel oil is reasonably available in the air basin and that the circumstances leading to the insufficiency are due to events that could not have been reasonably foreseen or prevented and are not due to lack of prudent planning on the part of the transferor of the commercial fuel oil into or within the air basin.

(C) The Department approves the request, in writing, prior to the transferor distributing the noncompliant commercial fuel oil into or within the air basin.

(iv) The Department will limit a suspension or increase in the applicable maximum allowable sulfur content granted under subparagraph (iii) to the shortest duration in which adequate supplies of compliant commercial fuel oil can be made reasonably available, but in no case longer than 60 days from the date the Department grants the suspension or increase.

(3) Noncommercial fuels. A person may not permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from a combustion unit using a noncommercial fuel, in excess of the rate of 0.6 pound per million Btu of heat input in the inner zone or 1.2 pounds per million Btu of heat input in the outer zone.

(4) Equivalency provision. Paragraph (2) does not apply to a person who uses equipment or a process, or to the owner or operator of an installation where equipment or a process is used, to reduce the sulfur emissions from the burning of a fuel with a higher sulfur content than that specified in paragraph (2). The emissions may not exceed those which would result from the use of commercial fuel oil that meets the applicable maximum allowable sulfur content specified in paragraph (2).

(5) Solid fossil fuel fired combustion units. Solid fossil fuel fired combustion units shall conform with the following:

(i) This paragraph applies to all solid fossil fuel fired combustion units with a rated capacity greater than or equal to 250 million Btus of heat input per hour and to any solid fossil fuel fired combustion unit upon petition to and acceptance by the Department.

(ii) The owner of any solid fossil fuel fired combustion unit with a rated capacity of less than 250 million Btu heat input per hour may petition the Department for application of the limitations in this paragraph in lieu of the limitations in paragraph (1). Upon demonstration of installation of continuous monitoring equipment which complies with Chapter 139, the Department will grant the petition.

(iii) No person may permit the emission into the outdoor atmosphere of sulfur oxides, expressed as SO2, from any combustion unit in excess of the applicable rate in pounds per million Btu of heat input specified in the following table:

(iv) A combustion unit not meeting the requirements of § 123.25 for installation and operation of continuous SO2 emission monitoring equipment is subject to the provisions of paragraph (1).

(f) Sampling and testing.

(1) For the purpose of determining compliance with the requirements of this section, the actual sulfur content of commercial fuel oil shall be determined by one of the following:

(i) In accordance with the sample collection, test methods and procedures specified under § 139.16 (relating to sulfur in fuel oil).

(ii) Other methods developed or approved by the Department or the Administrator of the EPA, or both.

(2) A refinery owner or operator who produces commercial fuel oil intended for use or used in this Commonwealth is required to sample, test and calculate the actual sulfur content of each batch of the commercial fuel oil as specified in paragraph (1).

(3) Prior to offering for sale, delivering for use, exchanging in trade or permitting the use of commercial fuel oil in this Commonwealth, a person other than the ultimate consumer that accepts a shipment of commercial fuel oil from a refinery or other transferor, shall sample, test and calculate the actual sulfur content of the commercial fuel oil in accordance with paragraph (1) if the shipment lacks the record required under subsection (g)(1) that enables the transferee to determine if the sulfur content of the shipment of commercial fuel oil meets the applicable maximum allowable sulfur content.

(g) Recordkeeping and reporting.

(1) Beginning with the refinery owner or operator who sells or transfers commercial fuel oil into or within this Commonwealth for use in this Commonwealth and ending with the ultimate consumer, each time the physical custody of, or title to, a shipment of commercial fuel oil changes hands, the transferor shall provide to the transferee an electronic or paper record described in this paragraph. This record must legibly and conspicuously contain the following information:

(i) The date of the sale or transfer.

(ii) The name and address of the transferor.

(iii) The name and address of the transferee.

(iv) The volume of commercial fuel oil being sold or transferred.

(v) The identification of the sulfur content of the shipment of commercial fuel oil, determined using the sampling and testing methods specified in subsection (f)(1), expressed as one of the following statements:

(A) For a shipment of No. 2 and lighter commercial fuel oil:

(I) Prior to September 1, 2020—‘‘The sulfur content of this shipment is 500 ppm or below.’’

(II) On and after September 1, 2020—‘‘The sulfur content of this shipment is 15 ppm or below.’’

(B) For a shipment of No. 4 commercial fuel oil, ‘‘The sulfur content of this shipment is 2,500 ppm or below.’’

(C) For a shipment of No. 5, No. 6 and heavier commercial fuel oil, ‘‘The sulfur content of this shipment is 5,000 ppm or below.’’

(vi) The location of the commercial fuel oil at the time of transfer.

(vii) Except for a transfer to a truck carrier, an owner or operator of a retail outlet or an ultimate consumer, the transferor may substitute the information required under subparagraphs (i)—(vi) with the use of a product code if the following are met:

(A) The product code includes the information required under subparagraphs (i)—(vi).

(B) The product code is standardized throughout the distribution system in which it is used.

(C) Each downstream party is given sufficient information to know the full meaning of the product code.

(2) The refinery owner or operator shall do both of the following:

(i) Maintain, in electronic or paper format, the records developed under subsection (f)(2) to determine the actual sulfur content of each batch of the commercial fuel oil.

(ii) Provide electronic or written copies of the records developed under subsection (f)(2) of the actual sulfur content of each batch of the commercial fuel oil to the Department upon request.

(3) The terminal owner or operator shall do both of the following:

(i) Maintain, in electronic or paper format, the applicable records developed under subsection (f)(3) or (g)(1), or both, to establish the maximum sulfur content of the shipment of commercial fuel oil.

(ii) Provide electronic or written copies of the records establishing the maximum sulfur content of the shipment of commercial fuel oil to the Department upon request.

(4) A person subject to this section shall do both of the following:

(i) Maintain the applicable records required under paragraphs (1)—(3) in electronic or paper format for 2 years unless a longer period is required under § 127.511(b)(2) (relating to monitoring and related recordkeeping and reporting requirements).

(ii) Provide an electronic or written copy of the applicable record to the Department upon request.

(5) The ultimate consumer shall maintain in electronic or paper format the record containing the information listed in paragraph (1), except in either of the following situations:

(i) The transfer or use of the commercial fuel oil occurs at a private residence.

(ii) The ultimate consumer is an owner of an apartment or condominium building housing private residents and the transfer or use of the commercial fuel oil occurs for use at the building.

(h) Written request. The written request for suspension of or increase in the sulfur content limit on the basis that compliant commercial fuel oil is not reasonably available shall be addressed to the Department of Environmental Protection, Bureau of Air Quality, Chief of the Division of Compliance and Enforcement, P. O. Box 8468, Harrisburg, Pennsylvania 17105-8468.

The provisions of this § 123.22 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005); amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 123.22 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 4, 1978, effective October 1, 1978, 8 Pa.B. 2163; amended April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended November 7, 1980, effective January 1, 1981, 10 Pa.B. 4296; amended August 20, 1982, effective August 21, 1982, 12 Pa.B. 2787; amended February 8, 2013, effective February 9, 2013, 43 Pa.B. 806; corrected April 19, 2013, effective May 9, 1987, 43 Pa.B. 2140; amended July 24, 2020, effective July 25, 2020, 50 Pa.B. 3714. Immediately preceding text appears at serial pages (365513) to (365520) and (366317 to (366318).

Impossibility

There is no constitutional prohibition against imposition of civil penalties for failure to comply with technologically impossible standards, since the use of fines to spark technological development is reasonably related to the goal of reducing pollution. Department of Environmental Resources v. Pennsylvania Power Co., 416 A.2d 995 (Pa. 1980).

Impossibility of performance is a defense in a contempt proceeding where an order of court ordering a power company to comply with the SO2 regulations was impossible of performance and where, under the present state of technology, the power company’s proposed use of higher smokestacks to control SO2 emissions was as close as the company could come to compliance with the regulations. Department of Environmental Resources v. Pennsylvania Power Co., 316 A.2d 96 (Pa. Cmwlth. 1974).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 123.25 (relating to monitoring requirements); 25 Pa. Code § 127.14 (relating to exemptions); 25 Pa. Code § 127.449 (relating to de minimis emission increases); and 25 Pa. Code § 139.16 (relating to sulfur in fuel oil).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.23 Byproduct coke oven gas.

(a) No person may permit the emission of byproduct coke oven gas into the outdoor atmosphere unless the gas is first burned.

(b) No person may permit the flaring or combustion of a coke oven byproduct gas which contains sulfur compounds, expressed as equivalent hydrogen sulfide, in concentrations greater than 50 grains per 100 dry standard cubic feet. The sulfur compounds, expressed as equivalent hydrogen sulfide, emitted into the outdoor atmosphere from any tail gas sulfur recovery equipment utilized in a coke oven gas desulfurization system approved by the Department shall be included in the determination of these concentrations.

(c) Subsections (a) and (b) do not apply to emissions of coke oven gas from:

(1) An oven which is dampered off:

(i) Prior to and during the pushing operation of the oven.

(ii) Because of some malfunction associated with the oven.

(2) Unavoidable oven leakage occurring during the coking cycle.

(d) Sections 129.12 and 129.13 (relating to sulfuric acid plants; and sulfur recovery plants) may not be applicable to processes operated in conjunction with the desulfurization of byproduct coke oven gas, provided that the standards in this section have been complied with.

The provisions of this § 123.23 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended October 25, 1974, effective November 11, 1974, 4 Pa.B. 2283; amended April 27, 1979, effective August 1, 1979, 9 Pa.B. 1534. Immediately preceding text appears at serial page (38907).

There is no violation of procedural due process where an order to make certain changes in coke oven operations does not place new or increased legal duties on the operator but only redefines and mitigates what had been an immediate, current legal duty under the regulations and a compliance schedule is specified and no variance request is made. Commonwealth v. Crucible Inc., 65 Pa. D. & C.2d 151 (1973).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.24 Primary zinc smelters.

(a) No person may permit the emission into the outdoor atmosphere of sulfur oxides from any zinc roasting operation in such a manner that the concentration of sulfur oxides, expressed as SO2, in the effluent gas exceeds 500 parts per million by volume, dry basis, calculated as a 2-hour moving average.

(b) No person may permit the emission into the outdoor atmosphere of sulfur oxides from any zinc sintering operation in excess of the rate calculated by the following formula:

Y = 0.054X,

Where:

X = Calcine feed rate to the sinter plant (lbs/hr); and

Y = Allowable sulfur oxide emissions (lbs/hr).

The provisions of this § 123.24 adopted July 25, 1975, effective August 11, 1975, 5 Pa.B. 1916.

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.25 Monitoring requirements.

(a) This section applies to the following:

(1) Combustion units specified in § 123.22(a)(4), (b)(4), (c)(4) or (e)(5) (relating to combustion units).

(2) Fossil fuel—fired steam generators of greater than 250 million Btus per hour of heat input which has installed sulfur dioxide pollutant control equipment.

(3) Sulfuric acid plants of greater than 300 tons per day production capacity, the production being expressed as 100% acid.

(b) A source subject to this section shall install, operate and maintain continuous SO2 monitoring systems in compliance with Chapter 139 Subchapter C (relating to requirements for continuous in-stack monitoring for stationary sources). Results of emission monitoring shall be submitted to the Department on a regular basis in compliance with Chapter 139 Subchapter C.

(c) Continuous SO2 monitoring systems installed under this section shall meet the minimum data availability requirements in Chapter 139 Subchapter C.

(d) The following are alternative monitoring systems:

(1) The Department will allow sources specified in subsection (a)(1) to utilize sulfur-in-fuel sampling programs in lieu of the requirements of subsection (b). These programs shall meet the requirements of Chapter 139 Subchapter C.

(2) The Department may exempt a source from the requirements of subsection (b) if the Department determines that the installation of a continuous emission monitoring system would not provide accurate determination of emissions or that installation of a continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or to extreme economic reasons. The Department will require an exempted source to fulfill alternative emission monitoring and reporting requirements.

(e) The Department may use the data from the SO2 monitoring devices or from the alternative monitoring systems required by this section to enforce the emission limitations for SO2 defined in this article.

(f) Compliance with this section shall be obtained no later than 18 months after the effective date of the listing of any source identified in subsection (a). The Department may grant orders providing reasonable extension of time for sources that have made good faith efforts to install, operate and maintain continuous monitoring devices, but that have been unable to complete the operations within the time period provided.

(g) The Department may use the data from the SO2 monitoring systems or from the alternative monitoring systems required by this section to determine compliance with the applicable emission limitations for SO2 established in this article.

The provisions of this § 123.25 issued under the Air Pollution Control Act (35 P. S. § § 4001—4015).

The provisions of this § 123.25 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; amended April 27, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2132; amended October 26, 1990, effective October 27, 1990, 20 Pa.B. 5416. Immediately preceding text appears at serial pages (136379) to (136380).

This section cited in 25 Pa. Code § 123.22 (relating to combustion units); and 25 Pa. Code § 139.104 (relating to sulfur dioxide and nitrogen oxides monitoring requirements for combustion sources).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.31 Limitations.

(a) Limitations are as follows:

(1) If control of malodorous air contaminants is required under subsection (b), emissions shall be incinerated at a minimum of 1200°F for at least 0.3 second prior to their emission into the outdoor atmosphere.

(2) Techniques other than incineration may be used to control malodorous air contaminants if such techniques are equivalent to or better than the required incineration in terms of control of the odor emissions and are approved in writing by the Department.

(b) A person may not permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source, in such a manner that the malodors are detectable outside the property of the person on whose land the source is being operated.

(c) The prohibition in subsection (b) does not apply to odor emissions arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

The provisions of this § 123.31 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 12, 1977, effective August 29, 1977, 7 Pa.B. 2251; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478. Immediately preceding text appears at serial page (75541).

Compliance

The Department of Environmental Resources was required to deny an application for reactivation of beehive coke ovens, regardless of economic consequences, when the application did not provide any information which would show that the ovens would meet the limitations applicable to fugitive emissions and constitutional rights were not violated even though there was no known method to operate beehive coke ovens in compliance with this title. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

Review

On appeal from the Department of Environmental Resources’ refusal to grant an applicant permission to reactivate certain coke ovens, where the appellant did not show that the oven would meet the limitations in this title, but showed only the ‘‘dire need’’ for the coke to be produced, the scope of review was limited to whether constitutional rights were violated, an error of law committed or any necessary finding of fact not supported by the evidence. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d. 790 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 271.902 (relating to permits and direct enforceability).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.41 Limitations.

A person may not permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity of the emission is either of the following:

(1) Equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any 1 hour.

(2) Equal to or greater than 60% at any time.

The provisions of this § 123.41 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

Denial of Application

On appeal from the Department’s refusal to grant applicant permission to reactivate certain coke ovens, where the appellant does not show that the oven would meet the limitations in this title, but shows only the ‘‘dire need’’ for the coke to be produced, the scope of review is limited to whether constitutional rights were violated, an error of law committed or any necessary finding of fact not supported by the evidence. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

The Department is required to deny an application for reactivation of beehive coke ovens, regardless of economic consequences, when the application does not provide any information which would show that the ovens would meet the limitations applicable to fugitive emissions, and constitutional rights are not violated even though there is no known method to operate beehive coke ovens in compliance with the regulations. Rochez Brothers, Inc. v. Department of Environmental Resources, 334 A.2d 790 (Pa. Cmwlth. 1975).

Due Process

There is no violation of procedural due process where an order to make certain changes in coke oven operations does not place new or increased legal duties on the operator but only redefines and mitigates what had been an immediate, current legal duty under the regulations and a compliance schedule is specified and no variance request is made. Commonwealth v. Crucible, Inc., 65 Pa. D. & C.2d 151 (1973).

Failure to Appeal

Where the party is aggrieved by the Department order requiring compliance with 25 Pa. Code § 123.41 (relating to limitations), by a certain date, failure to appeal such order bars an attack on the order and the validity of the regulation on which it was predicated, in a subsequent enforcement proceeding brought by the Department. Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corporation, 348 A.2d 765 (Pa. Cmwlth. 1975); affirmed in part remanded in part; 357 A.2d 320 (Pa. 1977); cert. denied 98 S. Ct. 514 (Pa. 1977).

Validity of Order

A steel corporation which is granted an extension of time for compliance with the standards relating to particulate matter emissions may not attack the validity of the order or the regulations on which it was predicated in a subsequent enforcement proceeding, and the corporation does not have the right to trial by jury even though it seeks declaratory relief in its answer to the enforcement petition. Department of Environmental Resources v. Wheeling-Pittsburgh Steel Corporation, 348 A.2d 765 (Pa. Cmwlth. 1975).

This section cited in 25 Pa. Code § 121.8 (relating to compliance responsibilities); 25 Pa. Code § 123.42 (relating to exceptions); 25 Pa. Code § 123.45 (relating to alternative opacity limitations); and 25 Pa. Code § 264.345 (relating to operating requirements).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.42 Exceptions.

The limitations of § 123.41 (relating to limitations) shall not apply to a visible emission in any of the following instances:

(1) When the presence of uncombined water is the only reason for failure of the emission to meet the limitations.

(2) When the emission results from the operation of equipment used solely to train and test persons in observing the opacity of visible emissions.

(3) When the emission results from sources specified in § 123.1 (a)(1)—(9) (relating to prohibition of certain fugitive emissions).

(4) When arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

The provisions of this § 123.42 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 12, 1977, effective August 29, 1977, 7 Pa.B. 2251. Immediately preceding text appears at serial page (30967).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.43 Measuring techniques.

Visible emissions may be measured using either of the following:

(1) A device approved by the Department and maintained to provide accurate opacity measurements.

(2) Observers, trained and qualified to measure plume opacity with the naked eye or with the aid of devices approved by the Department.

This section cited in 25 Pa. Code § 264.345 (relating to operating requirements).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.44 Limitations of visible fugitive air contaminants from operation of any coke oven battery.

(a) A person may not permit the operation of a coke oven battery in a manner that visible fugitive air contaminants are emitted in excess of the emissions allowed by the following limitations:

(1) The following open charging limitation applies to existing batteries listed in § 121.1 (relating to definitions). The following closed charging limitation applies to any existing battery on which a closed charging system is installed:

(i) Open charging. At no time may the aggregated times of visible open charging emissions during any four consecutive charges equal more than 75 seconds.

(ii) Closed charging. At no time may there be closed charging emissions during more than one charge out of any ten consecutive charges.

(2) At no time may door area emissions from any coke oven exceed 40% opacity 15 minutes or longer after the last charge to that oven.

(3) At no time may there be any visible door area emissions from more than 10% of the door area of operating coke ovens, excluding the two-door area representing the last oven charged on any battery and any door areas obstructed from view.

(4) At no time may there be visible topside emissions from more than 2.0% of the charging port seals on operating coke ovens in any battery, excluding visible emissions from no more than three ovens which may be dampered off.

(5) At no time may there be topside emissions from more than 5.0% of the offtake piping on operating coke ovens in any battery, excluding visible emissions from open standpipe caps on no more than three ovens which may be dampered off.

(6) At no time may there be topside emissions from any point on the topside other than allowed emissions from charging port seals and offtake piping under paragraphs (4) and (5).

(7) At no time may there be visible emissions from the coke oven gas collector main.

(b) The following techniques shall be used for measuring and recording visible fugitive air contaminants from a coke oven battery:

(1) Observations of open and closed charging emissions shall be made from any point or points on the topside of a coke oven battery from which an observer can obtain an unobstructed view of the charging operation. The observer shall determine and record the total number of seconds that charging emissions are visible during the charging of coal to the coke oven. The observer shall time the visible charging emissions with a stopwatch while observing the charging operation. Simultaneous emissions from more than one emission point shall be timed and recorded as one emission and may not be added individually to the total time. Open charging emissions may not include any emissions observed after all the charging port covers have been firmly seated following the removal of the larry car, such as emissions occurring when a cover is temporarily removed to permit the sweep-in of spilled coal. The total number of seconds of visible emissions observed, clock time for the initiation and completion of the charging operation, battery identification, and oven number for each charge shall be recorded by the observer. In the event that observations of emissions from a charge are interrupted due to events beyond the control of observer, the data from that charge shall be invalidated and the observer shall note on his observation sheet the reason for invalidating the data. The observer shall then resume observation of the next consecutive charge or charges, and continue until he has obtained a set of four charges for comparison with the emission standard. Compliance with subsection (a)(1) shall be determined by summing the seconds of charging emissions observed during each of the four charges.

(2) Observations of door area emissions for the purpose of determining compliance with subsection (a)(2) shall be made at a point above the top of the door but below the battery top, or at the top of any local door area emission control hood. The observer shall place himself no less than 25 feet from the face of the door in a location where his view of the door area is unobstructed.

(3) Observations of door area emissions for determining compliance with subsection (a)(3) shall be made from a minimum distance of 25 feet from each door. Each door area shall be observed in sequence for only that period necessary to determine whether or not, at the time, there are visible emissions from any point on the door area while the observer walks along the side of the battery. If the observer’s view of a door area is more than momentarily obstructed, for example, by door machinery, pushing machinery, coke guide, luter truck or opaque steam plumes, he shall record the door area obstructed and the nature of the obstruction and continue the observations with the next door area in sequence which is not obstructed. The observer shall continue this procedure along the entire length of the battery for both sides and shall record the battery identification, battery side and oven door identification number of each door area exhibiting visible emissions. Before completing the observation of door area emissions, the observer shall attempt to reobserve the obstructed doors. Compliance with subsection (a)(3) shall be calculated by application of the following formula, which excludes two door areas representing the last oven charged from the numerator and obstructed door areas from the denominator:

(4) Observations of visible emissions from a coke oven topside, other than emissions from the topside defined as open or closed charging emissions or pushing emissions, shall be made and recorded during the time an observer walks the topside of a battery from one end to the other, positioning himself near the center line. During the traverse, the observer may stray from near the center line of the battery and walk as close to the offtake piping as is necessary to determine whether an observed emission is emanating from the offtake piping. Each oven shall be observed in sequence. The observer shall record the battery identification, the points of topside emission from each oven, the oven number and whether an oven was dampered off. Compliance with subsection (a)(4) shall be determined by application of the following formula:

The provisions of this § 123.44 issued under section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and section 5 of the Air Pollution Control Act (35 P. S. § 4005).

The provisions of this § 123.44 adopted August 12, 1977, effective December 31, 1977, 7 Pa.B. 2251; corrected November 4, 1977, effective December 31, 1977, 7 Pa.B. 3260; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6804. Immediately preceding text appears at serial pages (215785) to (215788).

This section cited in 25 Pa. Code § 123.1 (relating to prohibition of certain fugitive emissions); and 25 Pa. Code § 129.16 (relating to door maintenance, adjustment and replacement practices).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.45 Alternative opacity limitations.

(a) Coverage. Coverage shall comply with the following:

(1) This section applies to a source:

(i) That is covered under § 123.41 (relating to limitations) and is also covered by an emission limitation in the form of a mass rate or a stack gas concentration or a fuel requirement.

(ii) That is not a fugitive air contaminant.

(iii) For which the mass rate or concentration can be determined:

(A) Using techniques specified in § § 139.11—139.16.

(B) By any other method approved by the Department that is consistent with accepted air pollution testing practices and with obtaining accurate results that are representative of the conditions evaluated.

(2) Appendix D presents the applicability of this section for various emission limitation formats.

(b) Procedure for application. The procedure for application shall comply with the following:

(1) The owner or operator of a source may request the Department to determine the opacity of emissions from the source during a demonstration of compliance with the applicable mass rate standard or stack gas concentration standard or fuel requirement. The request must be made in the form of a plan approval application under Chapter 127 Subchapter A (relating to general).

(2) The owner or operator shall provide for any test the Department deems necessary for determining compliance with the applicable emission limitation.

(3) The owner or operator shall provide sufficient notification to the Department so that the proposed test methods may be reviewed and approved by the Department. No test will be considered by the Department for the purpose of establishing an alternative opacity limitation unless the test methods have been first approved by the Department and a trained and qualified observer is present during the test.

(c) Eligibility. A source shall be eligible for an alternative opacity limitation (AOL) if the following conditions are met:

(1) The Department finds that the source is in compliance with this article except § 123.41. The Department will specify the method of demonstrating compliance.

(2) During the time the determination of compliance and AOL is conducted, the source fails to meet any applicable opacity limitation.

(3) The Department finds:

(i) That the source has not discontinued measures to minimize opacity of emissions, within the bounds of good engineering and good economic practice.

(ii) That the source and associated air pollution control equipment are operated and maintained in a manner to minimize the opacity of emissions, within the bounds of good engineering and good economic practice.

(4) The demonstration of compliance and the alternative opacity tests are performed under the conditions established by the Department.

(5) The Department determines that the AOL would not create or contribute to a public nuisance nor cause air pollution as defined under the act.

(d) Level of the alternative standard. The Department will set the AOL at the opacity levels measured during the performance test, even if the emissions were substantially less than those allowed under the regulations or permit conditions of the Department. The Department will enter the AOL as a condition of the operating permit of the source.

(e) Operating conditions. The Department will specify the operating conditions under which the determination of compliance and AOL will be made. The conditions must be based on technical knowledge of the process concerning normal operation and the effects of deviations from normal operations.

(f) Timing of test. The Department will specify the day, time of day and time of year for conducting the determination of compliance and AOL where these factors may substantially affect the determination of source opacity. Where the source exhibits high opacity only under certain specified conditions or during certain times, the Department may limit the applicability of the AOL to operation during those conditions or times. These conditions or times must be specified in the permit.

(g) Continuous monitoring. Continuous monitoring shall consist of the following:

(1) A source that requests an AOL must install, operate and maintain a continuous opacity monitor before the determination of compliance and AOL is made.

(2) The Department will use the data from the monitor during the determination of compliance and AOL to set the AOL. After the AOL is entered on the operating permit of the source, the Department will use the data from the monitor to enforce the AOL.

(3) The Department may exempt a source from the requirement of paragraph (1) if the Department determines that the monitor would not give representative opacity readings for that source. The Department may require an exempted source to:

(i) Use trained and qualified observers to measure the opacity.

(ii) Monitor and report operating parameters of the process and of air pollution control equipment.

(iii) Perform such activities on a specified schedule maintaining relevant records for inspection by the Department.

(h) Granting and quantifying the AOL. Granting and quantifying the AOL include the following:

(1) The Department will issue a permit establishing the AOL for the source or will deny the application for plan approval if the Department determines that the source is not eligible for, or entitled to, an AOL.

(2) The Department will use the procedure of § § 139.17 and 139.18 (relating to general requirements; and calculation of alternative opacity limitations) to quantify the AOL.

(i) Special situations. Special situations include the following:

(1) For sources that make several products of varying opacity-producing capabilities, the Department may establish an overall AOL independent of the product. The Department may, however, establish a separate AOL for each product where the Department determines that the opacities from the products differ to such an extent that enforcement of the mass rate standard or stack gas concentration standard or fuel requirement may be hampered with only one AOL.

(2) For cases in which several processes vent to a single stack, the Department will set an AOL at the opacity level produced after each process is determined to be in compliance with the appropriate mass rate standard or stack gas concentration standard or fuel requirement.

(j) Revocation of AOL. Revocation of AOL shall be as follows:

(1) The Department may revoke a source’s AOL if the Department determines that:

(i) The source is not in compliance with this article.

(ii) The source has discontinued measures to minimize opacity of emissions, within the bounds of good engineering and good economic practice.

(iii) The plume opacity of the source creates or contributes to a public nuisance or causes air pollution as defined under the act.

(2) If the Department revokes a source’s AOL, the opacity of the source will be regulated by § 123.41. The Department may reinstate a revoked AOL if it determines that the conditions which caused the revocation no longer exist.

(k) Maintenance of continuous monitor; reestablishment of AOL. Reestablishment of an AOL shall be as follows:

(1) The Department may require the owner or operator of a source with an approved AOL and a continuous opacity monitor to do any or all of the following if a trained observer of the Department determines that the source is violating an AOL:

(i) Adjust or replace the continuous opacity monitor.

(ii) Retest opacity with monitor and trained and qualified observer.

(iii) Perform a test to determine compliance with the appropriate mass rate standard or stack gas concentration standard or fuel requirement.

(2) For a source with an AOL established by use of a continuous opacity monitor, the Department may establish a new AOL based on opacity readings by a trained and qualified observer if:

(i) The Department determines that the source complies with the applicable mass rate standard or stack gas concentration standard or fuel requirement.

(ii) The trained and qualified observer of the Department notifies the source that it does not comply with the existing AOL.

(iii) The data from the continuous opacity monitor indicate that the source complies with the existing AOL.

The provisions of this § 123.45 issued under the Air Pollution Control Act (35 P. S. § § 4001—4015).

The provisions of this § 123.45 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2132.

This section cited in 25 Pa. Code § 139.17 (relating to general requirements); and 25 Pa. Code § 139.18 (relating to calculation of alternative opacity limitations).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.46 Monitoring requirements.

(a) The following sources are subject to this section:

(1) Fossil fuel-fired steam generators with an annual average capacity factor of greater than 30%, as demonstrated to the Department by the owner or operator, and of greater than 250 million Btu per hour heat input except where:

(i) Natural gas is the only fuel burned.

(ii) Oil or a mixture of gas and oil are the fuels burned and the source is able to comply with the applicable particulate matter and opacity regulations without utilization of particulate matter collection equipment and the source has not been found, within the 5 years previous to the applicability of this section, through any administrative or judicial proceedings to be in violation of any visible emissions standard.

(2) Catalyst regenerators for fluid bed catalytic cracking units at petroleum refineries, if the unit is of greater than 20,000 barrels per day fresh feed capacity.

(b) All sources subject to the provisions of this section shall install, operate and maintain continuous opacity monitoring devices in compliance with Chapter 139, Subchapter C (relating to requirements for continuous in-stack monitoring for stationary sources). Results of opacity monitoring shall be submitted to the Department on a regular basis in compliance with the requirements of Chapter 139, Subchapter C.

(c) The Department may exempt a source from the requirements of subsection (b) if the Department determines that the installation of a continuous emission monitoring system would not provide accurate determination of emissions or that installation of a continuous emission monitoring system may not be implemented by a source due to physical plant limitations or to extreme economic reasons. The Department will require such an exempted source to fulfill alternative emission monitoring and reporting requirements.

(d) The Department may use the data from the monitoring devices or from the alternative monitoring systems required by this section to enforce the visible emission limitations defined in this article.

(e) Compliance with this section shall be obtained no later than 18 months after the effective date of the listing of any source identified in subsection (a). The Department may grant orders providing reasonable extension of time for sources that have made good faith efforts to install, operate and maintain continuous monitoring devices but have been unable to complete such operations within the time period provided.

The provisions of this § 123.46 issued under the Air Pollution Control Act (35 P. S. § § 4001—4015).

The provisions of this § 123.46 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2132; corrected June 26, 1981, effective June 20, 1981, 11 Pa.B. 2225.

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.51 Monitoring requirements.

(a) This section applies to combustion units with a rated heat input of 250 million Btus per hour or greater and with an annual average capacity factor of greater than 30%.

(b) Sources subject to this section shall install, operate and maintain continuous nitrogen oxides monitoring systems and other monitoring systems to convert data to required reporting units in compliance with Chapter 139, Subchapter C (relating to requirements for continuous in-stack monitoring for stationary sources).

(c) Sources subject to this section shall submit results on a regular schedule and in a format acceptable to the Department and in compliance with Chapter 139, Subchapter C.

(d) Continuous nitrogen oxides monitoring systems installed under the requirements of this section shall meet the minimum data availability requirements in Chapter 139, Subchapter C.

(e) The Department may exempt a source from the requirements of subsection (b) if the Department determines that the installation of a continuous emission monitoring system would not provide accurate determination of emissions or that installation of a continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or to extreme economic reasons. A source exempted from the requirements of subsection (b) shall satisfy alternative emission monitoring and reporting requirements proposed by the source and approved by the Department which provide oxides emission data that is representative of actual emissions of the source.

(f) Sources subject to this section shall comply by October 20, 1993, unless the source becomes subject to the requirements later than October 20, 1990. For sources which become subject to the requirements after October 20, 1990, the source has 36 months from the date the source becomes subject to this section. The Department may issue orders providing a reasonable extension of time for sources that have made good faith efforts to install, operate and maintain continuous monitoring devices, but that have been unable to complete the operations within the time period provided.

The provisions of this § 123.51 issued under the Air Pollution Control Act (35 P. S. § § 4001—4015).

The provisions of this § 123.51 adopted October 19, 1990, effective October 20, 1990, 20 Pa.B. 5291.

This section cited in 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.101 Purpose.

Sections 123.102—123.120 and this section establish a NOx budget and a NOx allowance trading program for NOx affected sources for the purpose of achieving the health based ozone ambient air quality standard.

The provisions of this § 123.101 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet service compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.102 Source NOx allowance requirements and NOx allowance control period.

(a) The owner or operator or each NOx affected source shall, by December 31 of each calendar year, hold a quantity of NOx allowances meeting the requirements of § 123.110(a) (relating to source compliance requirements) in the source’s current year NATS account that is equal to or greater than the total NOx emitted from the source during that year’s NOx allowance control period.

(b) The initial NOx allowance control period begins on May 1, 1999.

The provisions of this § 123.102 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.103 General NOx allowance provisions.

(a) NOx allowances shall be allocated, transferred or used as whole NOx allowances. To determine the number of whole NOx allowances, the number of NOx allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

(b) A NOx allowance does not constitute a security or other form of property.

(c) Allowances may not be used to meet the requirements of this subchapter prior to the year for which they are allocated.

(d) For the purposes of account reconciliation, NOx allowances allocated for the NOx allowance control period shall be deducted first, and remaining allowances if not otherwise designated by the source shall be deducted on a first-in, first-out basis.

(e) NOx allowances may only be used to comply with § § 123.101, 123.102, 123.104—123.120 and this section.

The provisions of this § 123.103 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.104 Source authorized account representative requirements.

(a) The owner or operator of a NOx affected source shall designate for each source account, one authorized account representative and one alternate. Initial designations shall be submitted to the Department by December 1, 1997. An authorized account representative may be replaced or, for a new NOx affected source, designated with the submittal of a new ‘‘Account Certificate of Representation.’’

(b) The ‘‘Account Certificate of Representation’’ shall be signed by the authorized account representative for the NOx affected source and contain, at a minimum, the following:

(1) Identification of the NOx affected source by plant name, state and fossil fired indirect heat transfer combustion unit number for which the certification of representation is submitted.

(2) The name, address, telephone and facsimile number of the authorized account representative and the alternate.

(3) A list of owners and operators of the NOx affected source.

(4) The verbatim statement, ‘‘I certify that I,

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.105 NATS provisions.

(a) The NATS account records shall constitute a NOx affected source’s NOx allowance holdings.

(b) The transfer, use and deduction of NOx allowances become effective only after entry in the tracking system account records.

(c) Any person may hold an account in the NATS.

The provisions of this § 123.105 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.106 NOx allowance transfer protocol.

(a) NOx allowances may be transferred at any time between January 31 and December 31 in accordance with § 123.107 (relating to NOx allowance transfer procedures).

(b) NOx allowances shall be held by the originating account at the time of the transfer request.

(c) A transfer request shall be filed jointly with the NOx budget administrator and the Department by the person named as the authorized account representative for the originating account.

(d) The transfer is effective as of the date the NOx budget administrator posts the transfer of the allowances on the NATS.

The provisions of this § 123.106 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.107 NOx allowance transfer procedures.

NOx allowances may be transferred under the following conditions:

(1) The transfer request shall be documented on a form, or electronic media, approved by the Department. The following information, at a minimum, shall be provided:

(i) The account number identifying both the originating account and the acquiring account.

(ii) The name and address associated with the owners of the originating account and the acquiring account.

(iii) The identification of the serial numbers for each NOx allowance being transferred.

(2) The transfer request shall be authorized and certified by the authorized account representative for the originating account. To be considered correctly submitted, the request for transfer shall include the following statement of certification:

‘‘I am authorized to make this submission on behalf of the owners and operators of the NOx affected source and I hereby certify under the penalty provisions contained in the Air Pollution Control Act, that I have personally examined the foregoing and am familiar with the information contained in this document, and all attachments, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe the information is true, accurate and complete. I am aware that there are significant penalties for submitting false information, including possible fines and imprisonment.’’

The authorized account representative for the originating account shall provide a copy of the transfer request to each owner or operator of the NOx affected source.

The provisions of this § 123.107 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.106 (relating to NOx allowance transfer protocol); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.110 (relating to source compliance requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.108 Source emissions monitoring requirements.

The owner and operator of each NOx affected source shall comply with the following requirements:

(1) NOx emissions from each NOx affected source shall be monitored as specified by this section and in accordance with the procedures contained in the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(2) The owner or operator of each NOx affected source shall submit to the Department and the NOx budget administrator a monitoring plan in accordance with the procedures outlined in the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(3) New and existing unit emission monitoring systems, as required and specified by this section, shall be installed and be operational and shall have met all of the certification testing requirements in accordance with the procedures and deadlines specified in the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program’’ in a manner consistent with Chapter 139 (relating to sampling and testing).

(4) Monitoring systems are subject to initial performance testing and periodic calibration, accuracy testing and quality assurance/quality control testing as specified in the document titled ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’ Notwithstanding this provision, Non-Part 75 Sources which have Department approved NOx CEMS reporting in accordance with § 139.101 (relating to gen-eral requirements) in units of pounds of NOx per hour shall complete the periodic self-audits listed in the quality assurance section of § 139.102(3) (relating to references) at least annually and no sooner than 6 months following the previous periodic self-audit. If practicable, the audit shall be conducted between April 1 and May 31.

(5) During a period when valid data is not being recorded by devices approved for use to demonstrate compliance with this subchapter, missing or invalid data shall be replaced with representative default data in accordance with 40 CFR Part 75 (relating to continuous emission monitoring) and the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’ Notwithstanding this provision, Non-Part 75 Sources which have Department approved NOx CEMS reporting in accordance with § 139.101 in units of pounds of NOx per hour shall report this data to the NETS and shall continue report submissions as required under Chapter 139 to the Department.

(6) Sources subject to 40 CFR Part 75 shall demonstrate compliance with this section with a certified Part 75 monitoring system.

(i) If the source has a flow monitor certified under Part 75, NOx in pounds per hour shall be determined using the Part 75 NOx CEMS and the flow monitor. The NOx emission rate in pounds per million Btu shall be determined using the procedure in 40 CFR Part 75 Appendix F, Section 3 (relating to procedures for NOx emission rate). The hourly heat input shall be determined by using the procedures in 40 CFR Part 75 Appendix F, Section 5 (relating to procedures for heat input). NOx in pounds per hour shall be determined by multiplying the NOx per million Btu by the Btus per hour.

(ii) If a Part 75 source does not have a certified flow monitor, but does have a certified NOx CEMS, NOx emissions in pounds per hour emissions shall be determined by using the NOx CEMS to determine the NOx emission rate in pounds per million Btu and the heat input shall be determined by using the procedures in 40 CFR Part 75 Appendix D (relating to optional SO2 emissions data protocol for gas-fired and oil-fired units). NOx in pounds per hour shall be determined by multiplying the NOx per million Btu and Btus per hour.

(iii) If the owner or operator of a source uses the procedures in 40 CFR Part 75, Appendix E (relating to optional NOx emissions estimation protocol for gas-fired peaking units and oil-fired peaking units) to determine the NOx emission rate, NOx emissions in pounds per hour shall be determined by multiplying the NOx emission rate determined by using the Appendix E procedures times the heat input determined using the procedures in 40 CFR Part 75, Appendix D.

(iv) If the owner or operator of a source uses the procedures in 40 CFR Part 75, Subpart E (relating to alternative monitoring systems) to determine NOx emission rate, NOx emissions in pounds per hour shall be determined using the alternative monitoring method approved under 40 CFR Part 75 Subpart E and the procedures contained in the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(v) If the source emits to common or multiple stacks, or both, the source shall monitor emissions according to the procedures contained in the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(7) Sources not subject to 40 CFR Part 75 and not meeting the requirements of paragraph (11) shall meet the monitoring requirements of this section by:

(i) Preparing and obtaining approval of a monitoring plan as specified in the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(ii) Determining NOx emission rate and heat input using a methodology specified in paragraphs (8) and (9) respectively or determining NOx concentration and flow using a methodology specified in paragraphs (8) and (9) respectively.

(iii) Calculating NOx emissions in pounds per hour using the procedure described in paragraph (10).

(8) The owner or operator of a NOx affected source which is not subject to 40 CFR Part 75, may implement an alternative emission rate monitoring method. The NOx emission rate in pounds per million Btu or NOx concentration in ppm shall be determined using one of the following methods:

(i) The owner or operator of a NOx affected source that has a maximum rated heat input capacity of 250 MMBtu/hr or greater which is not a peaking unit as defined in 40 CFR 72.2 (relating to definitions), which combusts any solid fuel or is required to or has installed a NOx continuous emissions monitoring system (NOx CEMS) for the purposes of meeting either the requirements of 40 CFR Part 60 (relating to standards of performance for new stationary sources) or another Department or Federal requirement, shall use that NOx CEMS to meet the requirements of this section. If the owner or operator of the unit monitors flow according to paragraph (9), the owner or operator may use the NOx CEMS to measure NOx in ppm, otherwise the NOx CEMS shall be used to measure the emission rate in lb/MMBtu. The owner or operator shall install, certify, operate and maintain this monitor in accordance with the ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’ When a NOx CEMS cannot be used to report data for this program because it does not meet the requirements of the ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program,’’ missing data shall be substituted using the procedures in that document. In addition, the NOx CEMS shall meet the initial certification requirements contained in the ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(ii) The owner or operator of a source that is not required to have a NOx CEMS, may request approval from the Department to use any of the following appropriate methodologies to determine the NOx emission rate:

(A) Boilers or turbines may use the procedures contained in 40 CFR Part 75 Appendix E to measure NOx emission rate in pounds/MMBtu, consistent with the ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(B) Owners and operators of combustion turbines that are subject to this section and § § 123.101—123.107 and 123.109—123.120 may also meet the monitoring requirements of this section and § § 123.101—123.107 and 123.109—123.120 by using default emission factors to determine NOx emissions in pounds per hour as follows:

(I) For gas-fired turbines, the default emission factor is 0.7 pounds NOx per MMBtu.

(II) For oil-fired turbines, the default factor is 1.2 pounds NOx per MMBtu.

(III) Owners and operators of gas turbines or oil-fired turbines may perform testing, consistent with ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program,’’ to determine unit specific maximum potential NOx emission rates.

(C) Owners and operators of boilers that are subject to this section and § § 123.101—123.107 and 123.109—123.120 may meet the monitoring requirements of this section and § § 123.101—123.107 and 123.109—123.120 by using a default emission factor of 2.0 pounds per MMBtu if they burn oil and 1.5 lb/MMBtu if they burn natural gas to determine NOx emissions in pounds per hour, or may perform testing consistent with the ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program,’’ to determine a unit specific maximum potential emission rate.

(9) The owner or operator of a source which is not subject to 40 CFR Part 75, and not meeting the requirements of paragraph (11), shall determine heat input in MMBtu or flow in standard cubic feet per hour using one of the following methods:

(i) The owner or operator of a source may install and operate a flow monitor according to 40 CFR Part 75.

(A) The owner or operator may either use the flow CEMS to monitor stack flow in standard cubic feet per hour and a NOx CEMS to monitor NOx in ppm.

(B) In the alternative, the owner or operator may use the flow CEMS and a diluent CEMS to determine heat input in MMBtu and a NOx CEMS to monitor NOx in lbs/MMBtu.

(ii) The owner or operator of a source that does not have a flow CEMS may request approval from the Department to use any of the following methodologies to determine their heat input rate:

(A) The owner or operator of a source may determine heat input using a flow monitor and a diluent monitor meeting 40 CFR Part 75 and the procedures in 40 CFR Part 75, Appendix F Section 5.

(B) The owner or operator of a source that combusts only oil or natural gas may determine heat input using a fuel flow monitor meeting 40 CFR Part 75 Appendix D and the procedures of 40 CFR Part 75, Appendix F Section 5.

(C) The owner or operator of a source that combusts only oil or natural gas which uses a unit specific or generic default NOx emission rate, may determine heat input by measuring the fuel usage for a specified frequency of longer than an hour. This fuel usage shall then be reported on an hourly basis by apportioning the fuel based on electrical load in accordance with the following formula:

(D) The owner or operator of a source that combusts any fuel other than oil or natural gas, may request permission from the Department to use an alternative method of determining heat input. Alternative methods include:

(I) Conducting fuel sampling and analysis and monitoring fuel usage.

(II) Using boiler efficiency curves and other monitored information such as boiler steam output.

(III) Other methods approved by the Department and which meet the requirements in the ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(E) Alternative methods for determining heat input are subject to both initial and periodic relative accuracy, and quality assurance testing as prescribed by ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(10) If the owner or operator determines NOx emission rate in pounds per million Btu in accordance with paragraph (6)(iii) and heat input rate in MMBtu per hour in accordance with paragraph (7), the two values shall be multiplied to result in NOx emissions in pounds per hour. If the owner or operator determines NOx emissions in ppm and flow in standard cubic feet per hour, the procedures in ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program’’ may be used to determine NOx emissions of this rule in pounds per hour. This value shall be reported to the NETS.

(11) Non-Part 75 sources which have Department approved NOx CEMS reporting in accordance with § 139.101 in units of pounds of NOx per hour may meet the monitoring requirements of paragraph (7); or shall comply with the following:

(i) Calibration standards used shall be in accordance with both 40 CFR Part 75, Appendix A, Section 5.2 (relating to concentrations) and with § 139.102(3).

(ii) Testing listed in 40 CFR Part 75, Appendix A, Section 6.4 (relating to cycle time/response time test) not already conducted as part of the response time testing in § 139.102(3) shall be conducted.

(iii) Bias testing of the relative accuracy test data in accordance with 40 CFR Part 75, Appendix A, Section 6.5 (relating to relative accuracy and bias tests) shall be conducted. Data from previously conducted relative accuracy testing may be used to meet this requirement.

(iv) Adjustment of data due to failure of bias test (in accordance with 40 CFR Part 75, Appendix A, Section 7.6.5 (relating to bias adjustment) and Appendix B, Section 2.3.3 (relating to bias adjustment factor)) or relative accuracy greater than 10% but less than or equal to 20% (by multiplying the NOx emissions rate by 1.1), or both, shall be conducted only for reporting to the NOx budget administrator for purposes of this section.

(v) A Data Acquisition Handling System verification demonstrating that both the missing data procedures and formulas as applicable to this section shall be conducted.

The provisions of this § 123.108 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.110 (relating to source compliance requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.109 Source emissions reporting requirements.

(a) The authorized account representative for each NOx affected source shall submit to the NOx budget administrator, electronically in a format which meets the requirements of the EPA’s Electronic Data Reporting convention, emissions and operations information for each calendar quarter of each year in accordance with the document titled, ‘‘Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.’’

(b) Upon permanent shutdown, NOx affected sources may be exempted from this section after receiving written Department approval of a request filed by the authorized account representative for the NOx affected source which identifies the source and date of shutdown.

The provisions of this § 123.109 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.110 Source compliance requirements.

(a) Each year from November 1 through December 31, inclusive, the authorized account representative shall request the NOx budget administrator to deduct, consistent with § 123.107 (relating to NOx allowance transfer procedures) a designated amount of NOx allowances by serial number, from the NOx affected source’s compliance account in an amount equivalent to the NOx emitted from the NOx affected source during that year’s NOx allowance control period in accordance with the following:

(1) Allowances allocated for the current NOx control period may be used without restriction.

(2) Allowances allocated for future NOx control periods may not be used.

(3) NOx allowances which were allocated for any preceding NOx allowance control period which were not used (banked) may be used in the current control period even if this may result in an unlimited exceedance of the NOx budget. Banked allowances shall be deducted against emissions in accordance with a ratio of NOx allowances to emissions as specified by the NOx budget administrator as follows:

(i) If the total NOx allowances remaining in the NATS for all sources for preceding NOx allowance control periods are less than or equal to 10% of the total NOx allowances allocated for that NOx allowance control period, the ratio is 1:1.

(ii) If the total NOx allowances remaining in the NATS for all sources for preceding NOx allowance control periods are greater than 10% of the NOx allowances allocated for that NOx allowance control period, the ratio is 2:1 for the portion of banked allowances used for compliance from an account which are in excess of the amount calculated by multiplying the total allowances banked in the account times the PFC (progressive flow control).

where

(b) If, by the December 31 compliance deadline, the authorized account representative either makes no NOx allowance deduction request, or a NOx allowance deduction request insufficient to meet the requirements of subsection (a), the NOx budget administrator may deduct the necessary number of NOx allowances from the NOx affected source’s compliance account. The NOx budget administrator shall provide written notice to the authorized account representative that NOx allowances were deducted from the source’s account. If the necessary number of NOx allowances is available, the source will be in compliance after the NOx allowance deduction is completed. If there is an insufficient number of NOx allowances available for NOx allowance deduction, § 123.111 (relating to failure to meet source compliance requirements) applies.

(c) For each NOx allowance control period, the authorized account representative for the NOx affected source shall submit an annual compliance certification to the Department.

(d) The compliance certification shall be submitted no later than the NOx allowance transfer deadline (December 31) of each year.

(e) The compliance certification shall contain, at a minimum, the following:

(1) An identification of the NOx affected source, including the name, address, the name of the authorized account representative and the NATS account number.

(2) A statement indicating whether or not emissions data has been submitted to the NETS in accordance with § 123.108 (relating to source emissions monitoring requirements).

(3) A statement indicating whether or not the NOx affected source held sufficient NOx allowances, as determined in subsection (a), in its compliance account for the NOx allowance control period, as of the NOx allowance transfer deadline, to equal or exceed the NOx affected source’s actual emissions and the emissions reported to the NETS for the NOx allowance control period.

(4) A statement indicating whether or not the monitoring plan which governs the NOx affected source was followed when monitoring the actual operation of the NOx affected source.

(5) A statement indicating that all emissions from the NOx affected source were accounted for, either through the applicable monitoring or through application of the appropriate missing data procedures.

(6) A statement indicating whether there were any changes in the method of operation of the NOx affected source or the method of monitoring of the NOx affected source during the current year.

(f) The Department may verify compliance by whatever means necessary, including one or more of the following:

(1) Inspection of facility operating records.

(2) Obtaining information on NOx allowance deduction and transfers from the NATS.

(3) Obtaining information on emissions from the NETS.

(4) Testing emission monitoring devices.

(5) Requiring the NOx affected source to conduct emissions testing in accordance with Chapter 139 (relating to sampling and testing).

The provisions of this § 123.110 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.102 (relating to source NOx allowance requirements and NOx allowance control period); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.111 Failure to meet source compliance requirements.

(a) Failure by the NOx affected source to hold in its compliance account, for a NOx allowance control period, as of the NOx allowance transfer deadline, sufficient NOx allowances equal to or exceeding actual emissions for the NOx allowance control period as specified under § 123.102 (relating to source allowance requirements and NOx allowance control period) shall result in NOx allowance deduction from the NOx affected source’s compliance account at the rate of 3 NOx allowances for every 1 ton of excess emissions. If sufficient allowances meeting the requirements of § 123.110(a) (relating to source compliance requirements) are not available, the source shall provide other sufficient allowances which shall be deducted prior to the beginning of the next NOx allowance control period, otherwise the source may not operate during subsequent control periods.

(b) In addition to the NOx allowance deduction required by subsection (a), the Department may enforce the provisions of this section and § § 123.101—123.110 and 123.112—123.120 under the act and the Clean Air Act.

(1) For purposes of determining the number of days of violation, any excess emissions for the NOx allowance control period shall presume that each day in the NOx allowance control period constitutes a day in violation (153 days) unless the NOx affected source can demonstrate, to the satisfaction of the Department, that a lesser number of days should be considered.

(2) Each ton of excess emissions is a separate violation.

The provisions of this § 123.111 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.110 (relating to source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.112 Source operating permit provision requirements.

The operating permit required under Chapter 127 (relating to construction, modification, reactivation and operations of sources) shall include a condition requiring compliance with § § 123.101—123.111, 123.113—123.120 and this section (relating to NOx allowance requirements). The NATS compliance account number and the authorized account representative shall be listed on the permit.

The provisions of this § 123.112 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.113 Source recordkeeping requirements.

The owner or operator of a NOx affected source shall maintain for each NOx affected source and for 5 years, or any other period consistent with the terms of the NOx affected source’s operating permit, the measurements, data, reports and other information required by § § 123.101—123.112, 123.114—123.120 and this section.

The provisions of this § 123.113 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.114 General NOx allocation provisions.

(a) NOx allocations to NOx affected sources may only be made by the Department.

(b) Except as provided in § 123.116 (relating to source opt-in provisions), for NOx affected sources identified in Appendix A which shutdown or curtail operations, the source account will continue to receive NOx allowances for each NOx allowance control period.

The provisions of this § 123.114 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.115 Initial NOx allowance NOx allocations.

(a) The sources contained in Appendix E are subject to the requirements of § § 123.101—123.114, 123.116—123.120 and this section. These sources are allocated NOx allowances for the 1999-2002 NOx allowance control periods as listed in Appendix E.

(b) The Department may allocate allowances to Duquesne Light Company’s Phillips and Brunot Island facilities. The allowances allocated to these facilities are limited as follows:

(1) The facility shall be fully operational.

(2) The allowances allocated to the facility may only be used by the baseline sources located at that facility, and may not be banked or transferred.

(3) The allocation to Brunot Island source identification numbers 001—012 may not exceed an aggregate 246 allowances for the period May 1—September 30.

(4) The allocation to Phillips Station boilers 1—6 may not exceed an aggregate 1,686 allowances for the period May 1—September 30.

The provisions of this § 123.115 amended under section 5(a)(1) of the Air Pollution Control Act (35 P. S. § 4005(a)(1)).

The provisions of this § 123.115 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683; amended March 10, 2000, effective March 11, 2000, 30 Pa.B. 1370; amended September 22, 2000, effective September 23, 2000, 30 Pa.B. 4899. Immediately preceding text appears at serial pages (263985) to (263986).

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.116 Source opt-in provisions.

(a) A person who owns, operates, leases or controls a non-NOx affected source located in this Commonwealth may apply to the Department to opt-in that source to become a NOx affected source. For replacement sources, all sources to which production may be shifted to shall be opted-in together.

(b) A source which began operations without emission reduction credits transferred from a NOx affected source may become a NOx affected source under the following conditions:

(1) Submission of an opt-in application to the Department, including:

(i) Documentation of baseline NOx allowance control period emissions which shall be the average of the actual emissions for the preceding two consecutive NOx allowance control periods. The Department may approve selection of an alternative two consecutive NOx allowance control periods within the 5 years preceding the opt-in application if the preceding two control periods are not representative of normal operations. The baseline may not exceed applicable emission limits.

(ii) Evidence that the requirements of § § 123.101—123.115, 123.117—123.120 and this section (relating to NOx allowance requirements) can be complied with, including, submission of an emission monitoring plan, designation of an authorized account representative, and that the source is not on the compliance docket established under section 7.1 of the act (35 P. S. § 4005).

(2) Submission of NOx allowances established under paragraph (1)(i) or subsection (c) by the Department to the NOx budget administrator.

(c) A source which began operations with emission reduction credits from a NOx affected source may become a NOx affected source by complying with subsection (b)(1). To operate the source, NOx allowances shall be acquired by the owner or operator from those available in the NATS.

(d) Opt-in sources which opted-in under subsection (b) and which shutdown or curtail operations during any NOx allowance control period within the 5-calendar years after opting-in shall, prior to January 31 following the shutdown or curtailment, surrender to the Department NOx allowances for the current NOx allowance control period equivalent to the difference resulting from the reduction in utilization from the source’s baseline operations as established in subsection (b)(1)(i) between the NOx allowance control period allowance allocation and the emissions reported in accordance with § 123.109 (relating to source emissions reporting requirements). NOx allocations for future NOx allocation control periods shall also be surrendered. NOx allowances which were allocated for any preceding NOx allowance control period which were not used (banked) may not be surrendered. Surrendered NOx allowances shall be retired from the NATS and NOx budget except that upon request by the source owner or operator, the Department may reallocate the NOx allowances to a qualifying replacement source.

(e) Opt-in sources which remain in operation for 5- calendar years from the date of opt-in shall have a new baseline and allowance allocation set in accordance with the procedure in subsection (b)(1)(i). This baseline may not exceed the opt-in baseline. Thereafter, the source is not subject to this section.

(f) Once electing to opt-in, a source may not revert to a non-NOx affected source unless it is shut down.

The provisions of this § 123.117 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.114 (relating to general NOx allocation provisions); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.117 New NOx affected source provisions.

(a) NOx allowances may not be created for new NOx affected sources. New NOx affected sources are sources which are not listed in § 123.115 (relating to initial NOx allowance NOx allocations). The owner or operator of a new NOx affected source shall establish a compliance account prior to the commencement of operations and is responsible to acquire any required NOx allowances from those available in the NATS.

(b) Newly discovered NOx affected sources not included in Appendix A which operated at any time between May 1 and September 30, 1990, shall comply with § § 123.101—123.116, 123.118—123.120 and this section (relating to NOx allowance requirements) within 1-calendar year from the date of discovery. For those sources which notify the Department by April 1, 1998, the Department will petition the OTC to include the emissions in the NOx MOU Budget and provide NOx allowances to the source using the historical May 1 to September 30, 1990, emissions reduced as specified in § 123.119(a)(4)(ii) (relating to bonus NOx allowance awards).

The provisions of this § 123.117 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.118 Emission reduction credit provisions.

(a) NOx affected sources may create, transfer and use emission reduction credits in accordance with Chapter 127 (relating to construction, modification, reactivation and operation of sources) and this section. ERCs may not be used to satisfy NOx allowance requirements.

(b) Emission reductions made through overcontrol, curtailment or shutdown for which allowances are banked are not surplus and may not be used to create ERCs.

(c) A NOx affected source may transfer NOx ERCs to an NOx affected source if the new or modified NOx affected source’s ozone season (May 1—September 30) allowable emissions do not exceed the ozone season portion of the baseline emissions which were used to generate the NOx ERCs.

(d) A NOx affected source may transfer NOx ERCs to a non-NOx affected source under the following conditions:

(1) The non-NOx affected source’s ozone season (May 1—September 30) allowable emissions may not exceed the ozone season portion of the baseline emissions which were used to generate the NOx ERCs.

(2) The NATS account for NOx affected sources which generated ERCs transferred to non-NOx affected sources, including prior to the date of publication in the Pennsylvania Bulletin, shall have a corresponding number of allowances retired that reflect the transfer of emissions regulated under § § 123.101—123.117, 123.119—123.120 and this section (relating to NOx allowance requirements) to the NOx nonaffected sources. The amount of annual NOx allowances deducted shall be equivalent to that portion of the nonaffected source’s NOx control period allowable emissions which were provided for by the NOx ERCs from the affected source.

(3) Allocations for NOx allowance control periods following 2002 to the NOx ERC generating source may not include the allowances identified in paragraph (2).

The provisions of this § 123.118 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.120 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.119 Bonus NOx allowance awards.

(a) The Department will, upon receipt of a complete application by November 1, 1998, award a NOx affected source with bonus NOx allowances for certain creditable emission reductions made during the 1997 and 1998 ozone seasons (May 1—September 30) under the following conditions:

(1) Creditable reductions shall be in excess of the OTC MOU reduction requirements and any applicable emission limits including RACT and maximum achievable control technology.

(2) Bonus allowances shall be calculated separately for the 1997 and 1998 ozone seasons (May 1—September 30).

(3) The actual average ozone season (May 1—September 30) heat input used to calculate the emission reduction may not exceed the average 1995 and 1996 ozone season actual heat input, or if the Department finds that it is more representative of normal operations, the average ozone season (May 1—September 30) actual heat input which occurred during another consecutive 2 years between and including 1991 and 1995.

(4) Bonus NOx allowances shall be calculated by multiplying the actual 1997 or 1998, as applicable, average ozone season (May 1—September 30) heat input, times the difference between the following:

(i) The after-control emission rate calculated using the average rate occurring during the 1997 or 1998 NOx allowance control.

(ii) The lower of the source’s applicable emission rate for NOx expressed in pounds of NOx per MMBtu, or the baseline emission rate established in Appendix A after applying the following reduction, as applicable. The reduction for sources located in the outer zone is 55% or 0.2 lbs/MMBtu whichever is less stringent, and for sources located in the inner zone, 65%, or 0.2 lbs/MMBtu whichever is less stringent. The inner zone includes Berks, Bucks, Chester, Delaware, Montgomery and Philadelphia counties, and the outer zone includes the remaining counties within this Commonwealth.

(5) Applications shall include the information necessary to determine that the reductions meet the requirements of this section.

(b) On or before May 1, 1999, the Department will publish a report in the Pennsylvania Bulletin which documents the number of bonus NOx allowances awarded.

The provisions of this § 123.119 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); and 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); 25 Pa. Code § 123.20 (relating to audit); 25 Pa. Code § 123.121 (relating to NOx Allowance Program transition); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.120 Audit.

(a) The Department will complete an audit of the program established by § § 123.101—123.119 and this section (relating to NOx allowance requirements) prior to May 1, 2002, and at a minimum every 3 years thereafter. The audit shall include the following:

(1) The resulting geographic distribution of emissions as well as the hourly, daily and running average emission totals shall be examined in the context of ozone control requirements. This analysis shall be used in making a determination as to whether the zonal, seasonal and interseasonal trading and banking provisions of the rule require modification to ensure the reductions are as effective as daily emission limits on all sources would be at reducing ozone.

(2) Confirmation of emissions reporting accuracy through validation of NOx allowance CEMS and data acquisition systems at the NOx affected source.

(3) If emissions in excess of the NOx allowances allocated occurred in any NOx allowance control period, as a result of banking provisions, a determination whether or not the NOx allowance banking provisions require modification or deletion.

(4) NOx allowance banking privileges will be examined to determine whether they adversely influenced market availability and price of NOx allowances or created unfair competitive advantages and if so, recommend amendments to rectify these problems.

(5) An assessment of whether the program is providing the level of emission reductions included in the current SIP.

(b) In addition to the Department audit, the Department may seek a third party audit of the program. The third party audit can be implemented on a state by state basis or can be performed on a region-wide basis under the supervision of the Ozone Transport Commission.

(c) The Department will propose regulation revisions consistent with the audit results within 6 months of the completion of the audit.

The provisions of this § 123.120 adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683.

This section cited in 25 Pa. Code § 123.101 (relating to purpose); 25 Pa. Code § 123.103 (relating to general NOx allowance provisions); 25 Pa. Code § 123.108 (relating to source emissions monitoring requirements); 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements); 25 Pa. Code § 123.112 (relating to source operating permit provision requirements); 25 Pa. Code § 123.113 (relating to source recordkeeping requirements); 25 Pa. Code § 123.115 (relating to initial NOx allowance NOx allocations); 25 Pa. Code § 123.116 (relating to source opt-in provisions); 25 Pa. Code § 123.117 (relating to new NOx affected source provisions); 25 Pa. Code § 123.118 (relating to emission reduction credit provisions); and 25 Pa. Code § 145.43 (relating to compliance supplement pool).

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

25 Pa. Code § 123.121 NOx Allowance Program transition.

(a) NOx allocations for the NOx allowance control periods starting May 1, 2003, will be distributed in accordance with Chapter 145 (relating to interstate pollution transport reduction).

(b) The emission limitations and monitoring requirements established in § § 123.101—123.120 are replaced by the requirements in Chapter 145 beginning with the May 1, 2003, control period. If a source has failed to demonstrate compliance with § 123.111 (relating to failure to meet source compliance requirements), the provisions in § 145.54(d) (relating to compliance) shall be used to withhold NOx allowances in calendar year 2003 and beyond. If no NOx allowances are provided to the source under § 145.42 (relating to NOx allowance allocations), the source will be obligated to acquire and retire a number of NOx allowances as specified in § 145.54.

The provisions of this § 123.121 adopted September 22, 2000, effective September 23, 2000, 30 Pa.B. 4899.

This appendix cited in 25 Pa. Code § 123.11 (relating to combustion units).

This appendix cited in 25 Pa. Code § 123.13 (relating to processes).

This appendix cited in 25 Pa. Code § 123.13 (relating to processes).

NOTE: Sources incapable of a stack test are ineligible for an AOLAbbreviations: AOL—alternative opacity limitationNSPS—New source performance standardsPAA—plan approval applicationBACT—best available control technologyLAER—lowest achievable emission rateRACT—reasonably available control technologyPSD—prevention of significant deterioration

This appendix cited in 25 Pa. Code § 123.45 (relating to alternative opacity limitations).

The provisions of this Appendix D adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 1447; corrected June 26, 1981, effective June 20, 1981, 11 Pa.B. 2225.

The provisions of this Appendix E adopted October 31, 1997, effective November 1, 1997, 27 Pa.B. 5683; amended March 10, 2000, effective March 11, 2000, 30 Pa.B. 1370. Immediately preceding text appears at serial pages (237287) to (237300).

Editor’s Note: In PPL Generation, LLC v. Com., Department of Environmental Protection, 986 A.2d 48 (Supreme 2009), the Pennsylvania Supreme Court declared 25 Pa. Code § § 123.201—123.215 (the ‘‘PA Mercury Rule’’) invalid.

History

• Authority: The provisions of this § 123.
• Source: The provisions of this § 123.

Chapter 124 National Emission Standards for Hazardous Air Pollutants

25 Pa. Code § 124.1 Purpose.

The purpose of this chapter is to adopt National Emission Standards for Hazardous Air Pollutants promulgated by the the United States Environmental Protection Agency under the Federal Clean Air Act (42 U.S.C.A. § 7412). The standards are adopted to make them independently enforceable by the Department and to implement a delegation of Federal authority under section 112(d) of the Federal Clean Air Act (42 U.S.C.A. § 7412(d)).

History

• Authority: The provisions of this Chapter 124 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 124 adopted July 23, 1976, 6 Pa.

25 Pa. Code § 124.2 Scope.

The standards adopted in this chapter do not apply to sources located in areas under the jurisdiction of local air pollution control agencies approved under section 12 of the act (35 P. S. § 4012). The local agencies may or may not adopt the standards as they deem appropriate.

History

• Authority: The provisions of this Chapter 124 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 124 adopted July 23, 1976, 6 Pa.

25 Pa. Code § 124.3 Adoption of standards.

National Emission Standards for Hazardous Air Pollutants promulgated in 40 CFR Part 61 (relating to National Emmissions Standards for Hazardous Air Pollutants) by the Administrator of the United States Environmental Protection Agency under section 112(d) of the Federal Clean Air Act (42 U.S.C.A. § 7412(d)) are hereby adopted in their entirety by the Department and incorporated herein by reference.

History

• Authority: The provisions of this Chapter 124 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 124 adopted July 23, 1976, 6 Pa.

Chapter 128 Alternative Emission Reduction Limitations

25 Pa. Code § 128.1 Procedure for submission of alternative emission reduction plans.

(a) The Department may accept proposals from air contamination source owners or operators to implement an alternative emission reduction option for existing sources known as the ‘‘bubble’’ policy. General guidelines for proposing the plans are contained in the Environmental Protection Agency’s policy statement of December 11, 1979, at 44 FR 71, 780 (1979).

(b) Proposals by source owners and operators for an alternative emission reduction option shall be submitted in a plan approval application issued by the Department for the purpose. Approval of an alternative emission reduction plan will be incorporated in a revised permit to operate in accordance with the requirements of Chapter 127, Subchapter A (relating to general), and alternative emission requirements will be specified in this chapter.

(c) Regulatory changes in accordance with the act are necessary before the plan may be approved and the plan will be submitted as a revision to the applicable State implementation plan in accordance with the Clean Air Act. Under section 7 of the act (35 P. S. § 4007), the Department has been authorized to publish notice of proposed rulemaking and conduct public hearings concerning each alternative emission reduction option.

History

• Authority: The provisions of this § 128.
• Source: The provisions of this Chapter 128 amended March 20, 1981, effective March 21, 1981, 11 Pa.

25 Pa. Code § 128.2 Adoption of alternative emission reduction option standards.

(a) The owner or operator of an air contamination source which seeks an alternative emission reduction option shall submit a plan approval application under Chapter 127, Subchapter A (relating to general).

(b) The Department will make an initial determination concerning each plan application, and, if approvable, the Department will propose the amendments to regulations necessary to implement the alternative emission reduction plan for each source to the Environmental Quality Board.

(c) The Department is authorized to publish notice to the public of the time and place of a public hearing concerning the proposal for alternative emission reduction option. The notice will include a summary of the proposal and the text of amendments to the provisions of this part necessary to implement the alternative emission reduction option. The notice will be published in the Pennsylvania Bulletin as notice of proposed rulemaking in accordance with section 201 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. § 1201) and will be published by public advertisement in a newspaper of general circulation in the region where the source is located. Both notices will be published at least 30 days prior to the scheduled date of the public hearing.

(d) The Department is authorized to conduct public hearings and receive comments in accordance with section 7 of the act (35 P. S. § 4007).

History

• Authority: The provisions of this § 128.
• Source: The provisions of this Chapter 128 amended March 20, 1981, effective March 21, 1981, 11 Pa.

Chapter 129 Standards for Sources

25 Pa. Code § 129.11 Nitric acid plants.

No person may permit the emission into the outdoor atmosphere, at any time, from a nitric acid production plant or facility, of nitrogen oxides, expressed as NO2, in excess of the rate of 5.5 pounds per ton of acid produced, the production being expressed as 100% HNO3.

The provisions of this § 129.11 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.12 Sulfuric acid plants.

No person may permit the emission into the outdoor atmosphere, at any time, from a sulfuric acid production plant or facility, of:

(1) Sulfur oxides, expressed as SO2, in excess of the rate of 6.5 pounds per ton of acid produced.

(2) Sulfuric acid mist in excess of the rate of .5 pound per ton of acid produced, the production being expressed as 100% H2 SO4.

The provisions of this § 129.12 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 123.23 (relating to byproduct coke oven gas).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.13 Sulfur recovery plants.

(a) No person may permit the emission into the outdoor atmosphere, at any time, from a plant used for recovering elemental sulfur from gases containing sulfur compounds, of sulfur oxides, expressed as SO2, in excess of the rate determined by the formula:

A = .32E-.5

where:

A = Allowable emissions in pounds of sulfur oxides per pound of sulfur compounds, expressed as S, in the feed gases, and

E = Recovery plant rating in long tons of sulfur per day.

(b) Allowable emissions under this section are graphically indicated in Appendix A.

The provisions of this § 129.13 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 123.23 (relating to byproduct coke oven gas).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.14 Open burning operations.

(a) Air basins. No person may permit the open burning of material in an air basin.

(b) Outside of air basins. No person may permit the open burning of material in an area outside of air basins in a manner that:

(1) The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the open burning is being conducted.

(2) Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open burning is being conducted.

(3) The emissions interfere with the reasonable enjoyment of life or property.

(4) The emissions cause damage to vegetation or property.

(5) The emissions are or may be deleterious to human or animal health.

(c) Exceptions. The requirements of subsections (a) and (b) do not apply where the open burning operations result from:

(1) A fire set to prevent or abate a fire hazard, when approved by the Department and set by or under the supervision of a public officer.

(2) Any fire set for the purpose of instructing personnel in fire fighting, when approved by the Department.

(3) A fire set for the prevention and control of disease or pests, when approved by the Department.

(4) A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

(5) A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of the structure.

(6) A fire set solely for recreational or ceremonial purposes.

(7) A fire set solely for cooking food.

(d) Clearing and grubbing wastes. The following is applicable to clearing and grubbing wastes:

(1) As used in this subsection the following terms shall have the following meanings:

Air curtain destructor—A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.

Clearing and grubbing wastes—Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition wastes and dirt laden roots.

(2) Subsection (a) notwithstanding, clearing and grubbing wastes may be burned in a basin subject to the following requirements:

(i) Air curtain destructors shall be used when burning clearing and grubbing wastes.

(ii) Each proposed use of air curtain destructors shall be reviewed and approved by the Department in writing with respect to equipment arrangement, design and existing environmental conditions prior to commencement of burning. Proposals approved under this subparagraph need not obtain plan approval or operating permits under Chapter 127 (relating to construction, modification, reactivation and operation of sources).

(iii) Approval for use of an air curtain destructor at one site may be granted for a specified period not to exceed 3 months, but may be extended for additional limited periods upon further approval by the Department.

(iv) The Department reserves the right to rescind approval granted if a determination by the Department indicates that an air pollution problem exists.

(3) Subsection (b) notwithstanding clearing and grubbing wastes may be burned outside of an air basin, subject to the following limitations:

(i) Upon receipt of a complaint or determination by the Department that an air pollution problem exists, the Department may order that the open burning cease or comply with subsection (b).

(ii) Authorization for open burning under this paragraph does not apply to clearing and grubbing wastes transported from an air basin for disposal outside of an air basin.

(4) During an air pollution episode, open burning is limited by Chapter 137 (relating to air pollution episodes) and shall cease as specified in that chapter.

The provisions of this § 129.14 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended July 23, 1976, effective August 9, 1976, 6 Pa.B. 1732; amended August 12, 1977, effective August 29, 1977, 7 Pa.B. 2251. Immediately preceding text appears at serial page (27454).

A contractor who bids on a public works project and is given notice of the type of burning and disposal permitted under DER regulations is not entitled to additional compensation on the theory that the contractor was unaware that the project area was located in an air basin. Hempt Brothers, Inc. v. Department of Transportation, 388 A.2d 761, 763, (Pa. Cmwlth. 1978).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.15 Coke pushing operations.

(a) No person may permit the pushing of coke from a coke oven unless the pushing operation is enclosed during the removal of coke from a coke oven and pushing emissions are contained, except for the fugitive pushing emissions, that are allowed by subsections (c) and (e). A device for the enclosure of pushing operations shall be subject to the requirements of Chapter 127 (relating to construction, modification, reactivation and operation of sources) and the grant of plan approval.

(b) An application submitted to the Department under Chapter 127 for approval to install an air cleaning device designed to achieve compliance with subsection (a) at an existing coke oven battery shall, in addition to the requirements of § § 123.13(b) and 127.12(a) (relating to processes; and content of applications), show that the air cleaning device is designed to reduce the fugitive emissions from pushing operations at a battery to the minimum attainable through the use of the best available technology following control.

(c) Visible fugitive air contaminants in excess of 20% opacity from an air cleaning device installed for the control of pushing emissions under a plan approval from the Department shall be prohibited unless the Department finds that:

(1) The emissions are of minor significance with respect to causing air pollution.

(2) The emissions will not prevent or interfere with the attainment or maintenance of any ambient air quality standard.

(d) Application for a finding under subsection (c) shall be filed in accordance with § 123.1(b) (relating to prohibition of certain fugitive emissions).

(e) No person may transport hot coke in the open atmosphere during the pushing operation, unless the visible fugitive air contaminants from the coke do not exceed 10% opacity.

The provisions of this § 129.15 adopted August 12, 1977, effective August 29, 1977, except subsections (a) and (e) effective December 31, 1977; corrected June 1, 1979, effective December 31, 1977, 9 Pa.B. 1756. Immediately preceding text appears at serial page (35392).

This section cited 25 Pa. Code § 123.1 (relating to prohibition of certain fugitive emissions).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.16 Door maintenance, adjustment and replacement practices.

(a) In the event a coke oven battery fails to comply with the emission standards contained in § 123.44(a)(2) or (3) (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery) at any time after the effective date of the standards at a coke oven battery, the person responsible for the operation of such coke oven battery shall take the following action:

(1) Implement the following work practices:

(i) Self-sealing coke oven doors. Work practices for self-sealing coke oven doors shall conform with the following:

(A) Within 1 hour after the charge of each oven, the oven doors shall be inspected for visible emissions, and doors found leaking shall be recorded.

(B) Doors leaking 1 hour after the charge shall be adjusted prior to the end of the second hour after the charge.

(C) Each oven door leaking 1 hour after the charge shall be reinspected for visible emissions 2 hours after the charge. A record shall be made of a door leaking 2 hours after the charge.

(D) A door leaking 2 hours after each of two successive charges shall be replaced with a repaired, rebuilt or new door prior to the next charge to that oven.

(E) An adequate supply of repaired, rebuilt and new doors shall be maintained onsite to allow the frequency of replacement necessary to comply with this subsection.

(F) If a newly installed, repaired, rebuilt or new door leaks more than 2 hours after charge, the door and jamb shall be inspected when the door is next removed from the oven. If the door is found to be defective, it shall be replaced with a repaired, rebuilt or new door prior to the next charge to that oven. If the door is not found to be defective, the jamb shall be replaced prior to the next charge to that oven.

(ii) Luted doors. Work practices for luted doors shall conform with the following:

(A) Luted doors leaking 15 minutes after the charge shall be immediately reluted.

(B) Doors which fail to seal after the first reluting shall be recorded.

(C) Leaks appearing after the first reluting shall be immediately alluted.

(iii) Chuck doors. Work practices for chuck doors shall conform with the following:

(A) Within 1 hour after the charge of each oven, the chuck door shall be inspected and a door found leaking shall be recorded.

(B) Chuck doors leaking 1 hour after the charge shall be gasketed prior to the next charge to that oven.

(C) If a freshly gasketed door is leaking 1 hour after the charge, it or the oven door shall be replaced prior to the next charge to that oven.

(iv) Cleaning. Doors and jambs shall be completely cleaned prior to each charge.

(2) Keep and maintain records of the inspections required by paragraph (1), including the names of inspectors, the date and time of each door inspection and ovens observed leaking.

(3) Within 90 days following a determination by the Department or the battery operator that this section is applicable, the person responsible for the operation of a coke oven battery shall submit to the Department for approval a work practice and maintenance manual which shall include, but not be limited to, the job titles of persons having responsibility for the various tasks required by paragraph (1), specify procedures to be followed to assure implementation of the requirements of paragraph (1), and state the numbers of replacement doors and jambs to be kept on site for each battery.

(b) In addition to, or as a substitute for, the requirements of subsection (a)(1)—(3), the Department may issue an order establishing further obligations with respect to the control of door area emissions in the event compliance with § 123.44(a)(2) and (3) is not consistently achieved within the time allowed by an approved deferred compliance schedule. The obligations may include, but is not limited to, the specification of the maintenance and work practices as the Department finds will achieve consistent compliance with the standards and the installation of best available technology for door sealing or for the capture and cleaning of door area emissions.

The provisions of this § 129.16 adopted August 12, 1977, effective December 12, 1977, 7 Pa.B. 2251.

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.17 Kraft pulp mills.

(a) A person may not cause or permit the emission into the outdoor atmosphere of total reduced sulfur from kraft pulp mills in excess of the quantities in the following table:

(b) Total reduced sulfur emissions shall be monitored continuously at recovery furnaces, digester systems and multiple effect evaporator systems unless emissions are incinerated at 1,200°F for .5 seconds or incinerated to provide equivalent total reduced sulfur control.

(1) Monitors, installation, operation, maintenance and reporting shall be as prescribed in Chapter 139 (relating to sampling and testing).

(2) TRS monitoring systems installed under this section shall meet the minimum data availability requirements in Chapter 139 Subchapter C (relating to requirements for source monitoring for stationary sources).

(3) The Department may use the data from the monitoring systems or from an alternate monitoring system to determine compliance with subsection (a).

(4) Source owners and operators shall achieve compliance with these monitoring provisions by May 7, 1991.

(c) Compliance with subsection (a) shall be achieved in accordance with the following schedule:

The provisions of this § 129.17 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.17 adopted May 6, 1988, effective May 7, 1988, 18 Pa.B. 2102; amended October 26, 1990, effective October 27, 1990, 20 Pa.B. 5416; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151662) to (151663).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.18 Municipal waste incinerators.

(a) The conditions of this section apply to municipal waste incinerators.

(b) The Department may require continuous monitoring for chemical species or process parameters which may include the following:

(1) Hydrogen chloride (HCl).

(2) Sulfur dioxide (SO2).

(3) Nitrogen oxides (NOx).

(4) Carbon monoxide (CO).

(5) Combustion Efficiency (C. E.)

(6) Temperature.

(7) Opacity.

(8) Oxygen (O2).

(c) Continuous monitoring systems installed under this section shall meet the minimum data availability requirements in Chapter 139 Subchapter C (relating to requirements for source monitoring for stationary sources).

The provisions of this § 129.18 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.18 adopted October 26, 1990, effective October 27, 1990, 20 Pa.B. 5416.

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.51 General.

(a) Equivalency. Compliance with § § 129.52, 129.52a, 129.52b, 129.52c, 129.52d, 129.52e, 129.54—129.63, 129.63a, 129.64—129.67, 129.67a, 129.67b, 129.68, 129.69, 129.71—129.73 and 129.77 may be achieved by alternative methods if all of 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, 129.52d, 129.52e, 129.63a, 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, § 129.52d, § 129.52e, § 129.63a, § 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 amended under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

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; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6743 and 46 Pa.B. 6758; amended August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814. Immediately preceding text appears at serial pages (384128) to (384129).

This section cited in 25 Pa. Code § 127.44 (relating to public notice); 25 Pa. Code § 129.52 (relating to surface coating processes); 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 § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.63a (relating to control of VOC emmissions from industrial cleaning solvents); 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); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.52 Surface coating processes.

(a) This section applies as follows to the owner and operator of a:

(1) Surface coating process category listed in Table I, categories 1—11, regardless of the size of the facility, which emits or has emitted VOCs into the outdoor atmosphere in quantities greater than 3 pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day or 2.7 tons (2,455 kilograms) per year during any calendar year since January 1, 1987.

(2) Shipbuilding or ship repair facility that has a surface coating operation that uses or applies more than 264 gallons of one or a combination of coatings listed in Table I, category 12, beginning January 21, 2023.

(b) A person may not cause or permit the emission into the outdoor atmosphere of VOCs from a surface coating process category listed in Table I, unless one of the following limitations is met:

(1) The VOC content of each as applied coating is equal to or less than the standard specified in Table I.

(i) The VOC content of the as applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

Where:

VOC = VOC content in lb VOC/gal of coating solids

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvent(s)

Dc = Density of coating, lb/gal, at 25°C

Vn = Volume percent of solids of the as applied coating

(ii) The VOC content of a dip coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated on a 30-day rolling average basis using the following equation:

Where:

VOCA = VOC content in lb VOC/gal of coating solids for a dip coating, calculated on a 30-day rolling average basis

Woi = Percent VOC by weight of each as supplied coating (i) added to the dip coating process, expressed as a decimal fraction (that is 55% = 0.55)

Dci = Density of each as supplied coating (i) added to the dip coating process, in pounds per gallon

Qi = Quantity of each as supplied coating (i) added to the dip coating process, in gallons

Vni = Percent solids by volume of each as supplied coating (i) added to the dip coating process, expressed as a decimal fraction

WoJ = Percent VOC by weight of each thinner (J) added to the dip coating process, expressed as a decimal fraction

DdJ = Density of each thinner (J) added to the dip coating process, in pounds per gallon

QJ = Quantity of each thinner (J) added to the dip coating process, in gallons

(iii) The VOC content of the as applied coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated as follows:

Where:

VOCB = VOC content in lb VOC/lb of coating solids

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvents

Wn = Weight percent of solids of the as applied coating

(iv) Sampling and testing shall be done in accordance with the procedures and test methods specified in Chapter 139 (relating to sampling and testing).

(2) The overall weight of VOCs emitted to the atmosphere is reduced through the use of vapor recovery or incineration or another method which is acceptable under § 129.51(a) (relating to general). The overall efficiency of a control system, as determined by the test methods and procedures specified in Chapter 139 shall be no less than the equivalent overall efficiency calculated by the following equation:

Where:

V = The VOC content of the as applied coating, in lb VOC/gal of coating solids or lb VOC/lb of coating solids.

E = Table I limit in lb VOC/gal of coating solids or lb VOC/lb of coating solids.

O = Overall control efficiency.

(c) The owner or operator of a facility, regardless of the facility’s annual emission rate, which contains surface coating processes shall maintain records sufficient to demonstrate compliance with this section. At a minimum, a facility shall maintain daily records of:

(1) The following parameters for each coating, thinner and other component as supplied:

(i) The coating, thinner or component name and identification number.

(ii) The volume used.

(iii) The mix ratio.

(iv) The density or specific gravity.

(v) The weight percent of total volatiles, water, solids and exempt solvents.

(vi) The volume percent of solids for Table I surface coating process categories 1—10.

(vii) The volume percent of solids for a Table I surface coating process category 12 coating whose VOC content is expressed in units of weight of VOC per volume of coating solids.

(2) The VOC content of each coating, thinner and other component as supplied.

(3) The VOC content of each as applied coating.

(d) The solvents methyl chloroform (1,1,1-trichloroethane) and methylene chloride are exempt from control under this section and § 129.67 (relating to graphic arts systems). A surface coating process which seeks to comply with this section through the use of an exempt solvent may not be included in any alternative standards.

(e) If more than one emission limitation under miscellaneous metal parts and products applies to a specific coating, the least stringent emission limitation applies.

(f) A person may not cause or permit the emission into the outdoor atmosphere of VOCs from the application of wood furniture coatings unless the coatings are applied using electrostatic, airless, curtain coating, roller coating, hand roller, hand brush, flow coating, dip coating or high volume-low pressure application equipment. Air atomized sprays may be used to apply cosmetic specialty coatings if the volume of the cosmetic specialty coatings is less than 5% by volume of the total coating used at the facility or to apply final repair coatings.

(g) The records shall be maintained onsite for 2 years, unless a longer period is required by an order, plan approval or operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources). The records shall be submitted to the Department in an acceptable format on a schedule reasonably prescribed by the Department.

(h) The VOC standards in Table I do not apply to a coating used exclusively for determining product quality and commercial acceptance, touch-up and repair and other small quantity coatings if the coating meets the following criteria:

(1) The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

(2) The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

(i) Beginning January 1, 2011, the requirements and limits for metal furniture coatings and large appliance coatings in this section are superseded by the requirements and limits in § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes).

(j) Beginning January 1, 2012, the requirements and limits for paper coatings in this section are superseded by the requirements and limits in § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes).

(k) Section 129.52d(a)(5)(i) (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings) applies to surface coating processes regulated under Table I, Category 10, miscellaneous metal parts and products. Aerosol coatings must meet the requirements of 40 CFR Part 59, Subpart E (relating to National volatile organic compound emission standards for aerosol coatings).

Weight of VOC per Volume of Coating Solidsc

a The limits are expressed in two sets of equivalent units: pounds (lbs) per gallon and grams per liter. Either set of limits may be used to demonstrate compliance.

b To convert from grams per liter to pounds (lbs) per gallon, multiply the limit by (3.785 liter/gallon) (1/453.6 pound/gram) or 1/120. For compliance purposes, metric units define the standards.

c VOC limits expressed in units of mass of VOC per volume of solids were derived from the VOC limits expressed in units of mass of VOC per volume of coating less water and exempt compounds by assuming the coating contains no water or exempt compounds and that the volumes of all components within the coating are additive.

d These limits apply during cold weather time periods, that is, temperatures below 4.5°C (40°F). Cold weather allowances are not given to coatings in categories that allow less than 40% solids (nonvolatiles) content by volume. These coatings are subject to the single limit regardless of weather conditions and temperatures.

Category 12 was adopted on January 21, 2023.

The provisions of this § 129.52 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and issued and amended under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.52 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; 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 January 14, 1994, effective January 15, 1994, 24 Pa.B. 443; corrected May 12, 1995, effective May 7, 1994, 25 Pa.B. 1858; amended June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995; 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 October 21, 2016, effective October 22, 2016, 46 Pa.B. 6758; amended January 20, 2023, effective January 21, 2023, 53 Pa.B. 465. Immediately preceding text appears at serial pages (393457) to (393458) and (384131) to (384134).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.51 (relating to general); 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 § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.67 (relating to graphic arts systems); 25 Pa. Code § 129.73 (relating to aerospace manufacturing and rework); 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.52a Control of VOC emissions from large appliance and metal furniture surface coating processes.

(a) Applicability. This section applies as follows:

(1) This section applies to the owner and operator of a large appliance or metal furniture surface coating process if the total actual VOC emissions from all large appliance or metal furniture surface coating operations, including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls.

(2) The emission limits and other requirements of this section supersede the emission limits and other requirements of § 129.52 (relating to surface coating processes) for large appliance and metal furniture surface coating processes.

(b) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner or operator of a source subject to subsection (a)(1) prior to January 1, 2011, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a large appliance or metal furniture surface coating operation, except to the extent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2011, a person subject to this section may not cause or permit the emission into the outdoor atmosphere of VOCs from a large appliance or metal furniture surface coating process, unless one of the following limitations is met:

(1) The VOC content of each as applied coating is equal to or less than the limit specified in Table I or Table II (relating to emission limits of VOCs for large appliance surface coatings; and emission limits of VOCs for metal furniture surface coatings).

(i) The VOC content of the as applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

VOC = (Wo)(Dc)/Vn

Where:

VOC = VOC content in lb VOC/gal of coating solids

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvent(s)

Dc = Density of coating, lb/gal, at 25° C

Vn = Volume percent of solids of the as applied coating

(ii) The VOC content of a dip coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated on a 30-day rolling average basis using the following equation:

SUMi (Woi x Dci x Qi) + SUMJ (WoJ x DdJ x QJ)

VOCA =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.52b Control of VOC emissions from paper, film and foil surface coating processes.

(a) Applicability. This section applies to the owner and operator of a paper, film or foil surface coating process, as follows, if the surface coating process meets one or a combination of the following:

(1) The emission limits in Table I and other requirements of this section apply to the owner and operator of a paper, film or foil surface coating process if an individual paper, film or foil surface coating line has a potential to emit at least 25 tpy of VOC from coatings, prior to controls. For these processes, the emission limits and other requirements of this section supersede the emission limits and other requirements of § 129.52 (relating to surface coating processes).

(2) The emission limit in Table II and other requirements of this section apply to the owner and operator of a paper surface coating process which emits or has emitted VOCs into the outdoor atmosphere in quantities greater than 3 pounds (1.4 kilograms) per hour, 15 pounds (7 kilograms) per day or 2.7 tons (2,455 kilograms) per year during any calendar year since January 1, 1987. For these processes, the emission limit and other requirements of this section supersede the emission limit and other requirements of § 129.52.

(3) The work practice requirements for cleaning materials found in subsection (h), and the related compliance monitoring and recordkeeping and reporting requirements of subsections (d) and (e), apply to the owner and operator of a paper, film or foil surface coating process if the total actual VOC emissions from all paper, film or foil surface coating operations, including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls.

(b) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner or operator of a source subject to subsection (a) prior to January 1, 2012, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a paper, film or foil surface coating process, except to the extent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2012, a person subject to subsection (a)(1) or (2) may not cause or permit the emission into the outdoor atmo-sphere of VOCs from a paper, film or foil surface coating process, unless one of the following limitations is met:

(1) The VOC content of each as applied coating is equal to or less than the limit specified in Table I or Table II, as applicable.

(i) The VOC content of the as applied coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated as follows:

Where:

VOCB = VOC content in lb VOC/lb of coating solids

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvents

Wn = Weight percent of solids of the as applied coating

(ii) The VOC content of the as applied coating, expressed in units of weight of voc per volume of coating solids, shall be calculated as follows:

Where:

VOC = VOC Content in lb voc/gal of coating solids Wo = Weight percent of VOC (Wv-Ww-Wex) Wv = Weight percent of total volatiles (100%-weight percent solids)Ww = Weight percent of water Wex = Weight percent of exempt solvent(s) Dc = Density of coating, lb/gal, at 25° C Vn = Volume percent of solids of the as applied coating

(iii) The VOC content of a dip coating, expressed in units of weight of VOC per weight of coating solids, shall be calculated on a 30-day rolling average basis using the following equation:

i (Woi x Dci x Qi) + J (WoJ x DdJ x QJ)

VOCA =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.52c Control of VOC emissions from flat wood paneling surface coating processes.

(a) Applicability. Except as specified in paragraphs (1)—(3), this section applies to the owner and operator of a flat wood paneling surface coating process if the total actual VOC emissions from all flat wood paneling surface coating operations listed in Table I (relating to emission limits of VOCs for flat wood paneling surface coatings), including related cleaning activities, at the facility are equal to or greater than 15 pounds (6.8 kilograms) per day, before consideration of controls. This section does not apply to the following:

(1) A field-applied coating process. Field-applied coatings are regulated under Chapter 130, Subchapter C (relating to architectural and industrial maintenance coatings).

(2) A coating process regulated under § § 129.101—129.107 (relating to wood furniture manufacturing operations).

(3) A coating process regulated under § § 129.52(f) and 129.52, Table I, Category 11 (relating to surface coating processes; and wood furniture manufacturing operations).

(b) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner or operator of a source subject to subsection (a) prior to January 1, 2012, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a flat wood paneling surface coating process, except to the extent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2012, a person subject to this section may not cause or permit the emission into the outdoor atmosphere of VOCs from a flat wood paneling coating process unless one of the following limitations is met:

(1) The VOC content of each as applied coating is equal to or less than the limit specified in Table I.

(i) The VOC content of each as applied coating, expressed in units of weight of VOC per volume of coating solids, shall be calculated as follows:

VOC = (Wo)(Dc)/Vn

Where:

VOC = VOC content in lb VOC/gal of coating solids.

Wo = Weight percent of VOC (Wv-Ww-Wex).

Wv = Weight percent of total volatiles (100%-weight percent solids).

Ww = Weight percent of water.

Wex = Weight percent of exempt solvent(s).

Dc = Density of coating, lb/gal, at 25° C.

Vn = Volume percent of solids of the as applied coating.

(ii) The VOC content limits in Table I may be met by calculating a weighted average of the VOC content of all coatings used on a single flat wood paneling surface coating process line each day. The daily weighted average shall be calculated using the following equation:

nCiVii=1

VOCw =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.52d Control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings.

(a) Applicability.

(1) This section applies to the owner and operator of a miscellaneous metal part surface coating process or miscellaneous plastic part surface coating process, or both, if the total actual VOC emissions from all miscellaneous metal part coating units and miscellaneous plastic part coating units, including related cleaning activities, at the facility are equal to or greater than 2.7 tons per 12-month rolling period, before consideration of controls.

(2) This section applies, as specified, to the owner and operator of a miscellaneous metal part surface coating process or miscellaneous plastic part surface coating process, or both, if the total actual VOC emissions from all miscellaneous metal part coating units and miscellaneous plastic part coating units, including related cleaning activities, at the facility are below 2.7 tons per 12-month rolling period, before consideration of controls.

(3) Compliance with the VOC emission limits and other requirements of this section assures compliance with the VOC emission limits and other requirements of § 129.52 (relating to surface coating processes) for the miscellaneous metal parts and products surface coating processes as specified in § 129.52, Table I, Category 10.

(4) If an owner or operator elects to comply with § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly surface coating operations and heavier vehicle coating operations) under § 129.52e(a)(2) or (3), then § 129.52e instead of this section applies to the separate coating line at the facility, or to the coating of a body or body part for a new heavier vehicle at the facility, or both, for which the election is made.

(5) This section does not apply to an owner or operator in the use or application of the following:

(i) Aerosol coatings that meet the requirements of 40 CFR Part 59, Subpart E (relating to National volatile organic compound emission standards for aerosol coatings).

(ii) Aerospace coatings.

(iii) Architectural coatings.

(iv) Automobile refinishing coatings.

(v) Auto and light-duty truck assembly coatings.

(vi) Can, coil or magnet wire coatings.

(vii) Coating applied to a test panel or coupon, or both, in research and development, quality control or performance testing activities, if records are maintained as required under subsections (e) and (f).

(viii) Fiberglass boat manufacturing materials.

(ix) Flat wood paneling coatings.

(x) Large appliance coatings.

(xi) Metal furniture coatings.

(xii) Miscellaneous industrial adhesives.

(xiii) Paper, film and foil coatings.

(xiv) Shipbuilding and repair coatings.

(xv) Wood furniture coatings.

(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context clearly indicates otherwise: Adhesion primer—A coating applied to a polyolefin part to promote the adhesion of a subsequent coating. This type of coating is clearly identified on its accompanying MSDS by this term or as an adhesion promoter. Air-dried coating—A coating that is cured or dried at a temperature below 90°C (194°F). Antifoulant or antifouling coating—A coating applied to the underwater portion of a pleasure craft to prevent or reduce the attachment of biological organisms, and registered with the EPA as a pesticide under section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.A. § 136). Appurtenance—An accessory to a stationary structure that is coated at the facility. The term includes:

(i) Bathroom and kitchen fixtures.

(ii) Cabinets.

(iii) Concrete forms.

(iv) Doors.

(v) Elevators.

(vi) Fences.

(vii) Hand railings.

(viii) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools.

(ix) Lampposts.

(x) Partitions.

(xi) Pipes and piping systems.

(xii) Rain gutters and downspouts.

(xiii) Stairways.

(xiv) Fixed ladders.

(xv) Catwalks and fire escapes.

(xvi) Window screens. Baked coating—A coating cured at a temperature at or above 90°C (194°F). Black coating—A coating that meets either of the following:

(i) Both of the following criteria, which are based on Cielab color space, 0/45 geometry:

(A) Maximum lightness: 23 units.

(B) Saturation: less than 2.8, where saturation equals the square root of A2+ B2.

(ii) For spherical geometry, specular included, maximum lightness is 33 units. Business machine—

(i) A device that uses an electronic or mechanical method to process information, perform calculations, print or copy information, or convert sound into electrical impulses for transmission.

(ii) The term includes the following:

(A) Devices listed in Standard Industrial Classification Codes 3572, 3573, 3574, 3579 and 3661.

(B) Photocopy machines, a subcategory of Standard Industrial Classification Code 3861. Camouflage coating—A coating used principally by the military to conceal equipment from detection. Cleaning material or cleaning solvent—A material used during cleaning activities or cleaning operations to remove residue or other unwanted materials from equipment. Clear coating—

(i) A colorless coating that contains binders, but no pigment, and is formulated to form a transparent film.

(ii) The term includes a transparent coating that uses the undercoat as a reflectant base or undertone color. Clear wood finishes—A clear or semitransparent topcoat applied to a wood substrate to provide a transparent or translucent film. Coating—

(i) A material applied onto or into a substrate for protective, decorative or functional purposes.

(ii) The term includes paints, sealants, caulks, primers, inks and maskants.

(iii) The term does not include protective oils, acids or bases, or combinations of these materials. Coating unit—A series of one or more coating applicators and associated drying area or oven or both wherein a coating is applied and dried or cured, or both. The unit ends at the point where the coating is dried or cured, or prior to subsequent application of a different coating. Drum—A cylindrical metal shipping container larger than 12 gallons capacity but not larger than 110 gallons capacity. EMI/RFI shielding coating—A coating used on electrical or electronic equipment to provide shielding against electromagnetic interference, radio frequency interference or static discharge. Electric dissipating coating—A coating that rapidly dissipates a high voltage electric charge. Electric-insulating varnish—A non-convertible-type coating applied to electric motors, components of electric motors or power transformers to provide electrical, mechanical or environmental protection or resistance. Electrostatic prep coating—A coating applied to a plastic part solely to provide conductivity for the subsequent application of a primer, a topcoat or other coating through the use of electrostatic application methods. This term is clearly identified as an electrostatic prep coat on its accompanying MSDS. Etching filler—A coating that contains less than 23% solids by weight and at least 0.5% acid by weight, and is used instead of applying a pretreatment coating followed by a primer. Extreme high-gloss coating—A coating that achieves the following:

(i) For miscellaneous metal part surface coatings or miscellaneous plastic part surface coatings, other than pleasure craft surface coatings, a coating when tested by the American Society for Testing Material Test Method D-523-08 shows a reflectance of at least 75% on a 60° meter.

(ii) For pleasure craft surface coatings, a coating that shows a reflectance of at least 90% on a 60° meter when tested by American Society for Testing Material Test Method D-523-08. Extreme-performance coating—

(i) A coating used on a metal or plastic surface where the coated surface is, in its intended use, subject to one or more of the following:

(A) Chronic exposure to corrosive, caustic or acidic agents, chemicals, chemical fumes, chemical mixtures or solutions.

(B) Repeated exposure to temperatures in excess of 250°F.

(C) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial grade solvents, cleansers or scouring agents.

(ii) The term includes coatings applied to locomotives, railroad cars, farm machinery and heavy duty trucks. Finish primer/surfacer—A coating applied with a wet film thickness of less than 10 mils prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier or promotion of a uniform surface necessary for filling in surface imperfections. Flexible primer—A coating required to comply with engineering specifications for impact resistance, mandrel bend or elongation as defined by the original equipment manufacturer. Fog coat—A coating applied to a plastic part, at a thickness of no more than 0.5 mil of coating solids, for the purpose of color matching without masking a molded-in texture. Gloss reducer—A coating applied to a plastic part, at a thickness of no more than 0.5 mil of coating solids, solely to reduce the shine of the part. Heat-resistant coating—A coating that must withstand a temperature of at least 400°F during normal use. Heavier vehicle—A self-propelled vehicle designed for transporting persons or property on a street or highway that has a gross vehicle weight rating over 8,500 pounds. High bake coating—A coating designed to cure only at temperatures of more than 90°C (194°F). High build primer/surfacer—A coating applied with a wet film thickness of 10 mils or more prior to the application of a topcoat for purposes of providing corrosion resistance, adhesion of subsequent coatings, a moisture barrier or promotion of a uniform surface necessary for filling in surface imperfections. High gloss coating—A coating that achieves at least 85% reflectance on a 60° meter when tested by ASTM Method D-523-08. High-performance architectural coating—A coating used to protect aluminum architectural subsections and which meets the requirements of the American Architectural Manufacturers Association’s publication number AAMA 2604 (Voluntary Specification, Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels) or 2605 (Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels), including updates and revisions. High-temperature coating—A coating certified to withstand a temperature of 1,000°F for 24 hours. Mask coating—A thin film coating applied through a template to coat a small portion of a substrate. Metal particles—Pieces of a pure elemental metal or a combination of elemental metals. Metallic coating—A coating that contains more than 5 grams of metal particles per liter of coating as applied. Military specification coating—A coating that has a formulation approved by a United States Military Agency for use on military equipment. Miscellaneous metal parts and miscellaneous plastic parts—Metal or plastic components of parts or products, as well as the parts or products themselves, constructed either entirely or partially from metal or plastic, or both, including the following:

(i) Fabricated metal products.

(ii) Molded plastic parts.

(iii) Farm machinery.

(iv) Commercial and industrial machinery and equipment.

(v) Automotive or transportation equipment.

(vi) Interior or exterior automotive parts.

(vii) Construction equipment.

(viii) Motor vehicle accessories.

(ix) Bicycles and sporting goods.

(x) Toys.

(xi) Recreational vehicles.

(xii) Watercraft.

(xiii) Extruded aluminum structural components.

(xiv) Railroad cars.

(xv) Heavier vehicles.

(xvi) Lawn and garden equipment.

(xvii) Business machines.

(xviii) Laboratory and medical equipment.

(xix) Electronic equipment.

(xx) Steel drums.

(xxi) Metal pipes. Mold-release coating—A coating applied to a mold to prevent the molded product from sticking to the mold as it is removed. Mold-seal coating—The initial coating applied to a new or repaired mold to provide a smooth surface that when coated with a mold-release coating prevents products from sticking to the mold. Motor vehicle bedliner—A multicomponent coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to a cargo bed after the application of topcoat to provide additional durability and chip resistance. Motor vehicle cavity wax—A coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied into the cavities of the vehicle primarily to enhance corrosion protection. Motor vehicle deadener—A coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to selected vehicle surfaces primarily to reduce the sound of road noise in the passenger compartment. Motor vehicle gasket/sealing material—

(i) A fluid, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to coat a gasket or replace and perform the same function as a gasket.

(ii) The term includes room temperature vulcanization seal material. Motor vehicle lubricating wax/compound—A protective lubricating material, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to vehicle hubs and hinges. Motor vehicle sealer—A high viscosity material, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied in the paint shop after the body has received an electrodeposition primer coating and before the application of subsequent coatings (for example, a primer/surfacer). The primary purpose of the material is to fill body joints completely so that there is no intrusion of water, gases or corrosive materials into the passenger area of the body compartment. The material is also referred to as sealant, sealant primer or caulk. Motor vehicle trunk interior coating—A coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to the trunk interior to provide chip protection. Motor vehicle underbody coating—A coating, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to the undercarriage or firewall to prevent corrosion or provide chip protection, or both. Multicolored coating—A coating that exhibits more than one color when applied and which is packaged in a single container and applied in a single coat. Multicomponent coating—A coating requiring the addition of a separate reactive resin, commonly known as a catalyst or hardener, before application to the substrate to form an acceptable dry film. One-component coating—A coating that is ready for application as it comes out of its container to form an acceptable dry film. A thinner may be added to reduce the viscosity, but is not considered a component. Optical coating—A coating applied to an optical lens. Pan-backing coating—A coating applied to the surface of pots, pans or other cooking implements that are exposed directly to a flame or other heating element. Pleasure craft—A vessel that is manufactured or operated primarily for recreational purposes, or leased, rented or chartered to a person or business for recreational purposes. Pleasure craft coating—A marine coating, except unsaturated polyester resin (fiberglass) coatings, applied by brush, spray, roller or other means to a pleasure craft. Powder coating—A coating applied as a dry, finely divided solid that, when melted and fused, adheres to the substrate as a paint film. Prefabricated architectural component coating—A coating applied to a prefabricated metal part or product if the part or product is to be used as an architectural appurtenance or structure. The appurtenance is detached from the structure when coated in a shop setting. Pretreatment coating—A coating that contains no more than 12% solids by weight and at least 0.5% acid by weight that is used to provide surface etching and that is applied directly to metal surfaces to provide corrosion resistance, adhesion and ease of stripping. Pretreatment wash primer—A coating that contains no more than 12% solids by weight and at least 0.5% acid by weight that is used to provide surface etching and that is applied directly to fiberglass and metal surfaces to provide corrosion resistance and adhesion of subsequent coatings. Red coating—A coating that meets the following:

(i) All of the following criteria, which are based on Cielab color space, 0/45 geometry:

(A) Yellow limit: the hue of hostaperm scarlet.

(B) Blue limit: the hue of monastral red-violet.

(C) Lightness limit for metallics: 35% aluminum flake.

(D) Lightness limit for solids: 50% titanium dioxide white.

(E) Solid reds: hue angle of -11 to 38 degrees and maximum lightness of 23 to 45 units.

(F) Metallic reds: hue angle of -16 to 35 degrees and maximum lightness of 28 to 45 units.

(ii) For spherical geometry, specular included, the upper limit is 49 units. Repair coating—A coating used to recoat portions of a previously coated product that has sustained mechanical damage to the coating following normal coating operations. Resist coating—A coating that is applied to a plastic part before metallic plating to prevent deposits of metal on portions of the plastic part. Shock-free coating—A coating applied to electrical components to protect the user from electric shock. The coating has characteristics of being of low capacitance and high resistance, and being resistant to breaking down under high voltage. Silicone-release coating—A coating which contains silicone resin and is intended to prevent food from sticking to metal surfaces, such as baking pans. Solar-absorbent coating—A coating which has as its prime purpose the absorption of solar radiation. Stencil coating—An ink or coating that is applied onto a template, stamp or stencil to add identifying letters, numbers or decorative designs, or a combination of these, to a metal or plastic part or product. Texture coat—A coating that is applied to a plastic part which, in its finished form, consists of discrete raised spots of the coating. Topcoat—A final coating applied in a surface coating process that applies two or more coatings. Touch-up coating—A coating used to cover minor coating imperfections appearing after the main coating operation. Translucent coating—A coating that contains binders and pigment and is formulated to form a colored, but not opaque, film. Two-component coating—A coating requiring the addition of a separate reactive resin, commonly known as a catalyst, before application to form an acceptable dry film. Vacuum-metalizing coating—A coating meeting either of the following:

(i) An undercoat applied to a substrate on which the metal is deposited prior to a vacuum-metalizing process.

(ii) An overcoat applied directly to the metal film after a vacuum-metalizing process. Vacuum-metalizing process—The process of evaporating metals inside a vacuum chamber and depositing them on a substrate to achieve a uniform metalized layer.

(c) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to the owner or operator of a source subject to subsection (a) prior to January 1, 2017, to control, reduce or minimize VOCs from a miscellaneous metal part or miscellaneous plastic part surface coating process, except to the extent the RACT permit contains more stringent requirements.

(d) Emission limitations. Beginning January 1, 2017, a person subject to subsection (a)(1) may not cause or permit the emission into the outdoor atmosphere of VOCs from a miscellaneous metal part coating unit or miscellaneous plastic part coating unit, or both, unless emissions of VOCs are controlled in accordance with paragraph (1), (2) or (3).

(1) Compliant materials option. The VOC content of each miscellaneous metal part coating or each miscellaneous plastic part coating, as applied, excluding water and exempt compounds, is equal to or less than the VOC content limit for the applicable coating category specified in the applicable table of VOC content limits in Tables I—V.

(2) Combination of compliant materials, VOC emissions capture system and add-on air pollution control device option. The combination of one or more VOC-containing coatings, as applied, that meet the emission rate limits for the applicable coating category specified in the applicable table of emission rate limits in Tables VI—IX, and one or more VOC emissions capture systems and one or more add-on air pollution control devices that meet the requirements of subsection (e)(2).

(3) VOC emissions capture system and add-on air pollution control device option. The overall weight of VOCs emitted to the atmosphere is reduced through the use of vapor recovery, oxidation, incineration or another method that is acceptable under § 129.51(a) (relating to general) and meets the requirements of subsection (e)(2). The overall control efficiency of a control system, as determined by the test methods and procedures specified in Chapter 139 (relating to sampling and testing), may be no less than 90%.

(4) Least restrictive VOC limit. If more than one VOC content limit or VOC emission rate limit applies to a specific coating, then the least restrictive VOC content limit or VOC emission rate limit applies.

(5) Coatings not listed in Table I, II, VI or VII. For a miscellaneous metal part or miscellaneous plastic part coating that does not meet the coating categories listed in Table I, II, VI or VII, the VOC content limit or VOC emission rate limit shall be determined by classifying the coating as a general one component coating or general multicomponent coating. The corresponding general one component coating or general multicomponent coating limit applies.

(6) Coatings not listed in Table IV or IX. For a pleasure craft coating that does not meet the coating categories listed in Table IV or IX, the VOC content limit or VOC emission rate limit shall be determined by classifying the coating as an ‘‘all other pleasure craft surface coatings for metal or plastic.’’ The ‘‘all other pleasure craft surface coatings for metal or plastic’’ limit applies.

(e) Compliance and monitoring requirements.

(1) All owners and operators. Regardless of the facility’s VOC emissions, the owner or operator of a miscellaneous metal part surface coating process or miscellaneous plastic part surface coating process, or both, subject to subsection (a)(1) or (2), shall comply with this section as specified throughout this section. For an owner or operator subject only to subsection (a)(2), the compliance requirements are the recordkeeping requirements in subsection (f)(2).

(2) VOC emissions capture system and add-on air pollution control device. The owner or operator of a facility subject to subsection (a)(1) that elects to comply with the emission limitations of subsection (d) through installation of a VOC emissions capture system and add-on air pollution control device under subsection (d)(2) or (3) shall submit an application for a plan approval to the appropriate regional office. The plan approval must be approved, in writing, by the Department prior to installation and operation of the emissions capture system and add-on air pollution control device. The plan approval must include the following information:

(i) A description, including location, of each affected source or operation to be controlled with the emissions capture system and add-on air pollution control device.

(ii) A description of the proposed emissions capture system and add-on air pollution control device to be installed.

(iii) A description of the proposed compliance monitoring equipment to be installed.

(iv) A description of the parameters to be monitored to demonstrate continuing compliance.

(v) A description of the records to be kept that will document the continuing compliance.

(vi) A schedule containing proposed interim dates for completing each phase of the required work to install and test the emissions capture system and add-on air pollution control device described in subparagraph (ii) and the compliance monitoring equipment described in subparagraph (iii).

(vii) A proposed interim emission limitation that will be imposed on the affected source or operation until compliance is achieved with the applicable emission limitation.

(viii) A proposed final compliance date that is as soon as possible but not later than 1 year after the start of installation of the approved emissions capture system and add-on air pollution control device and the compliance monitoring equipment.

(f) Recordkeeping and reporting requirements.

(1) The owner or operator of a miscellaneous metal part coating unit or miscellaneous plastic part coating unit, or both, subject to subsection (a)(1) shall maintain monthly records sufficient to demonstrate compliance with this section. The records must include the following information:

(i) The following parameters for each coating, thinner, component and cleaning solvent as supplied:

(A) Name and identification number of the coating, thinner, other component or cleaning solvent.

(B) Volume used.

(C) Mix ratio.

(D) Density or specific gravity.

(E) Weight percent of total volatiles, water, solids and exempt solvents.

(F) Volume percent of total volatiles, water and exempt solvents for the applicable table of limits in Tables I—V.

(G) Volume percent of solids for the applicable table of limits in Tables VI—IX.

(ii) The VOC content of each coating, thinner, other component and cleaning solvent as supplied.

(iii) The VOC content of each as applied coating or cleaning solvent.

(iv) The calculations performed for each applicable requirement under subsections (d) and (e).

(v) The information required in a plan approval issued under subsection (e)(2).

(2) An owner or operator subject to subsection (a)(2), or otherwise claiming an exemption or exception in this section, shall maintain records sufficient to verify the applicability of subsection (a)(2), the exemption or exception. Records maintained for compliance demonstrations may include purchase, use, production and other records.

(3) The records shall be maintained onsite for 2 years, unless a longer period is required by an order, plan approval or operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources).

(4) The records shall be submitted to the Department in an acceptable format upon receipt of a written request from the Department.

(g) Coating application methods. A person subject to subsection (a)(1) may not cause or permit the emission into the outdoor atmosphere of VOCs from a miscellaneous metal part coating unit or miscellaneous plastic part coating unit, or both, unless the coatings are applied using one or more of the following coating application methods:

(1) Electrostatic coating.

(2) Flow coating.

(3) Dip coating, including electrodeposition.

(4) Roll coating.

(5) High volume-low pressure (HVLP) spray coating.

(6) Airless spray coating.

(7) Air-assisted airless spray coating.

(8) Other coating application method if approved in writing by the Department prior to use.

(i) The coating application method must be capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spray coating.

(ii) The owner or operator shall submit the request for approval to the Department in writing.

(h) Exempt coatings and exempt coating unit operations.

(1) The requirements of subsections (d) and (g) do not apply to the application of the following coatings to a metal part:

(i) Stencil coating.

(ii) Safety-indicating coating.

(iii) Solid-film lubricant.

(iv) Electric-insulating and thermal-conducting coating.

(v) Magnetic data storage disk coating.

(vi) Plastic extruded onto metal parts to form a coating.

(vii) Powder coating.

(2) The requirements of subsection (d) do not apply to the application of the following coatings to a plastic part:

(i) Touch-up and repair coating.

(ii) Stencil coating applied on a clear or transparent substrate.

(iii) Clear or translucent coating.

(iv) Coating applied at a paint manufacturing facility while conducting performance tests on coating.

(v) Reflective coating applied to highway cones.

(vi) Mask coating, if the coating is less than 0.5 millimeter thick (dried) and the area coated is less than 25 square inches.

(vii) EMI/RFI shielding coating.

(viii) Heparin-benzalkonium chloride (HBAC)-containing coating applied to a medical device, provided that the total usage of HBAC-containing coatings does not exceed 100 gallons in 1 calendar year at the facility.

(ix) Powder coating.

(x) An individual coating category used in an amount less than 50 gallons in 1 calendar year provided that the total usage of all of the coatings, combined, does not exceed 200 gallons per year at the facility. This exception applies only if substitute compliant coatings are not available.

(3) The requirements of subsection (d) do not apply to the application of the following coatings to automotive-transportation and business machine parts:

(i) Texture coat.

(ii) Vacuum-metalizing coating.

(iii) Gloss reducer.

(iv) Texture topcoat.

(v) Adhesion primer.

(vi) Electrostatic prep coat.

(vii) Resist coating.

(viii) Stencil coating.

(ix) Powder coating.

(4) The requirements of subsection (g) do not apply to the following activities:

(i) Application of a touch-up coating, repair coating or textured finish to a metal part.

(ii) Application of a powder coating to the following:

(A) Plastic part.

(B) Automotive-transportation plastic part.

(C) Business machine plastic part.

(iii) Airbrush application of coating to a metal part or plastic part using no more than 5 gallons of coating per year.

(iv) Use of an add-on air pollution control device to comply with subsection (d).

(v) Application of extreme high-gloss coating in a pleasure craft surface coating operation.

(i) Work practice requirements for coating-related activities. The owner or operator of a miscellaneous metal part coating unit or miscellaneous plastic part coating unit, or both, subject to subsection (a)(1) shall comply with the following work practices for coating-related activities:

(1) Store all VOC-containing coatings, thinners or coating-related waste materials in closed containers.

(2) Ensure that mixing and storage containers used for VOC-containing coatings, thinners or coating-related waste materials are kept closed at all times, except when depositing or removing these coatings, thinners or waste materials.

(3) Minimize spills of VOC-containing coatings, thinners or coating-related waste materials and clean up spills immediately.

(4) Convey VOC-containing coatings, thinners or coating-related waste materials from one location to another in closed containers or pipes.

(j) Work practice requirements for cleaning materials. The owner or operator of a miscellaneous metal part coating unit or miscellaneous plastic part coating unit subject to subsection (a)(1) shall comply with the following work practices for cleaning materials:

(1) Store all VOC-containing cleaning materials and used shop towels in closed containers.

(2) Ensure that mixing vessels and storage containers used for VOC-containing cleaning materials are kept closed at all times except when depositing or removing these materials.

(3) Minimize spills of VOC-containing cleaning materials and clean up spills immediately.

(4) Convey VOC-containing cleaning materials from one location to another in closed containers or pipes.

(5) Minimize VOC emissions from cleaning of application, storage, mixing or conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

(k) Measurements and calculations. To determine the properties of a coating or component used in a miscellaneous metal parts surface coating process or miscellaneous plastic parts surface coating process, measurements and calculations shall be performed according to one or more of the following:

(1) EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, found at 40 CFR Part 60, Subpart D, Appendix A, including updates and revisions.

(2) Manufacturer’s formulation data.

(3) Sampling and testing done in accordance with the procedures and test methods specified in Chapter 139.

(4) Other test method demonstrated to provide results that are acceptable for purposes of determining compliance with this section if prior approval is obtained in writing from the Department.

(5) Add-on air pollution control devices shall be equipped with the applicable monitoring equipment according to manufacturers’ specifications. The monitoring equipment shall be installed, calibrated, operated and maintained according to manufacturers’ specifications at all times the add-on air pollution control device is in use.

(6) EPA calculations information in the following:

(i) A Guideline for Surface Coating Calculations, EPA-340/1-86-016, including updates and revisions.

(ii) Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings, EPA-450/3-84-019, including updates and revisions.

The provisions of this § 129.52d issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.52d adopted October 21, 2016, effective October 22, 2016, 46 Pa.B. 6758.

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.52 (relating to surface coating processes); 25 Pa. Code § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations); 25 Pa. Code § 129.67 (relating to graphic arts systems); 25 Pa. Code § 129.75 (relating to mobile equipment repair and refinishing); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.52e Control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations.

(a) Applicability.

(1) This section applies to the owner and operator of an automobile and light-duty truck assembly coating operation that applies an automobile assembly coating or a light-duty truck assembly coating, or both, to one or more of the following:

(i) A new automobile body or a new light-duty truck body.

(ii) A body part for a new automobile or for a new light-duty truck.

(iii) Another part that is coated along with the new automobile body or body part or new light-duty truck body or body part.

(2) This section applies to the owner and operator of an automobile and light-duty truck assembly coating operation that operates a separate coating line at the facility on which a coating is applied to another part intended for use in a new automobile or new light-duty truck or an aftermarket repair or replacement part for an automobile or light-duty truck if the owner or operator elects to comply with this section instead of § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings). The election occurs when the owner or operator notifies the Department by submitting a written statement to the appropriate Department regional office Air Quality Program Manager that specifies the intent to comply with this section instead of § 129.52d.

(3) This section applies to the owner and operator of a facility that coats a body or body part for a new heavier vehicle if the owner or operator elects to comply with this section instead of § 129.52d. The election occurs when the owner or operator notifies the Department by submitting a written statement to the appropriate Department regional office Air Quality Program Manager that specifies the intent to comply with this section instead of § 129.52d.

(4) This section applies to the owner and operator of a facility that performs a coating operation subject to this section on a contractual basis.

(5) This section does not apply to the use or application of an automobile and light-duty truck assembly coating by an owner or operator at a plastic or composites molding facility.

(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Adhesive—A chemical substance that is applied for the purpose of bonding two surfaces together by other than mechanical means. Assembly coating—The term includes the primary and additional surface coatings applied during the vehicle assembly process.

(i) Primary coatings include the following:

(A) Electrodeposition primer.

(B) Primer-surfacer (including anti-chip coatings).

(C) Topcoat (including basecoat and clearcoat).

(D) Final repair.

(ii) Additional coatings include the following:

(A) Glass bonding primer.

(B) Adhesives.

(C) Cavity wax.

(D) Sealer.

(E) Deadener.

(F) Gasket/gasket sealing material.

(G) Underbody coating.

(H) Trunk interior coating.

(I) Bedliner.

(J) Weatherstrip adhesive.

(K) Lubricating waxes and compounds.

(iii) The term does not include aerosol coatings. Automobile—

(i) A motor vehicle designed to carry up to eight passengers.

(ii) The term does not include vans, sport utility vehicles and motor vehicles designed primarily to transport light loads of property. Automobile and light-duty truck adhesive—An adhesive, including glass bonding adhesive, used at an automobile and light-duty truck assembly coating operation, applied for the purpose of bonding two vehicle surfaces together without regard to the substrates involved. Automobile and light-duty truck assembly coating operation—An operation that applies an assembly coating to a new automobile body or a new light-duty truck body, or both, or a body part for a new automobile or for a new light-duty truck, or both, or another part that is coated along with the new automobile body or body part or new light-duty truck body or body part. The operation consists of one or more of the following processes:

(i) Surface preparing.

(ii) Priming, including application of either of the following:

(A) Electrodeposition primer.

(B) Primer-surfacer.

(iii) Topcoating.

(iv) Final repairing.

(v) Cleaning activities related to the vehicle coating operations. Automobile and light-duty truck bedliner—A multicomponent coating, used at an automobile and light-duty truck assembly coating operation, applied to a cargo bed after the application of topcoat and outside of the topcoat operation to provide additional durability and chip resistance. Automobile and light-duty truck cavity wax—A coating, used at an automobile and light-duty truck assembly coating operation, applied into the cavities of the vehicle primarily for the purpose of enhancing corrosion protection. Automobile and light-duty truck deadener—A coating, used at an automobile and light-duty truck assembly coating operation, applied to selected vehicle surfaces primarily for the purpose of reducing the sound of road noise in the passenger compartment. Automobile and light-duty truck gasket/gasket sealing material—

(i) A fluid, used at an automobile and light-duty truck assembly coating operation, applied to coat a gasket or replace and perform the same function as a gasket.

(ii) The term includes room temperature vulcanization seal material. Automobile and light-duty truck glass bonding primer—

(i) A primer, used at an automobile and light-duty truck assembly coating operation, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass.

(ii) The term includes glass bonding and cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) prior to the application of adhesive or the installation of adhesive bonded glass. Automobile and light-duty truck lubricating wax/compound—A protective lubricating material, used at an automobile and light-duty truck assembly coating operation, applied to vehicle hubs and hinges. Automobile and light-duty truck sealer—

(i) A high viscosity material, used at an automobile and light-duty truck assembly coating operation, generally, but not always, applied in the paint shop after the body has received an EDP coating and before the application of subsequent coatings (for example, primer-surfacer). The primary purpose of the material is to fill body joints completely so that there is no intrusion of water, gases or corrosive materials into the passenger area of the body compartment.

(ii) The term is also known as sealant, sealant primer or caulk. Automobile and light-duty truck trunk interior coating—A coating, used at an automobile and light-duty truck assembly coating operation outside of the primer-surfacer and topcoat operations, applied to the trunk interior to provide chip protection. Automobile and light-duty truck underbody coating—A coating, used at an automobile and light-duty truck assembly coating operation, applied to the undercarriage or firewall to prevent corrosion or provide chip protection, or both. Automobile and light-duty truck weatherstrip adhesive—An adhesive, used at an automobile and light-duty truck assembly coating operation, applied to weather-stripping materials for the purpose of bonding the weatherstrip material to the surface of the vehicle. Automobile Topcoat Protocol—A guidance document by the United States Environmental Protection Agency for determining the daily volatile organic compound emission rate of automobile and light-duty truck primer-surfacer and topcoat operations (EPA-453/R-08-002, September 2008, or revisions). Body part—

(i) An exterior part of a motor vehicle including the hood, fender, door, roof, quarter panel, deck lid, tail gate and cargo bed.

(ii) The term does not include a bumper, fascia or cladding. EDP—Electrodeposition primer—

(i) A process of applying a protective, corrosion-resistant waterborne primer on exterior and interior surfaces that provides thorough coverage of recessed areas. It is a dip coating method that uses an electrical field to apply or deposit the conductive coating onto the part. The object being painted acts as an electrode that is oppositely charged from the particles of paint in the dip tank.

(ii) The term is also known as E-Coat, Uni-Prime and ELPO primer. Final repair—The operations performed and coating or coatings applied to completely assembled motor vehicles or to parts that are not yet on a completely assembled vehicle to correct damage or imperfections in the coating. The curing of the coatings applied in these operations is accomplished at a lower temperature than that used for curing primer-surfacer and topcoat. This lower temperature cure avoids the need to send parts that are not yet on a completely assembled vehicle through the same type of curing process used for primer-surfacer and topcoat and is necessary to protect heat sensitive components on completely assembled vehicles. Heavier vehicle—A self-propelled vehicle designed for transporting persons or property on a street or highway that has a gross vehicle weight rating over 8,500 pounds. In-line repair—

(i) The operation performed and coating or coatings applied to correct damage or imperfections in the topcoat on parts that are not yet on a completely assembled vehicle. The curing of the coatings applied in these operations is accomplished at essentially the same temperature as that used for curing the previously applied topcoat. This operation is considered part of the topcoat operation.

(ii) The term is also known as high bake repair or high bake reprocess. Light-duty truck—A van, sport utility vehicle or motor vehicle designed primarily to transport light loads of property with a gross vehicle weight rating of 8,500 pounds or less. Primer-surfacer—

(i) An intermediate protective coating applied over the EDP and under the topcoat. The coating provides adhesion, protection and appearance properties to the total finish.

(ii) The coating operation may include one or more other coatings, including antichip, lower-body antichip, chip-resistant edge primer, spot primer, blackout, deadener, interior color, basecoat replacement coating or other coating, that is applied in the same spray booth.

(iii) The term is also known as guide coat or surfacer. Solids turnover ratio (RT)—The ratio of total volume of coating solids that is added to the EDP system in a calendar month divided by the total volume design capacity of the EDP system. Topcoat—

(i) The final coating system applied to provide the final color or a protective finish, or both. The coating may be a monocoat color or basecoat/clearcoat system.

(ii) The coating operation may include one or more other coatings including blackout, interior color or other coating that is applied in the same spray booth.

(iii) The term includes in-line repair and two-tone.

(c) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to the owner or operator of a source subject to this section prior to January 1, 2017, except to the extent the RACT permit contains more stringent requirements.

(d) VOC content limits.

(1) Beginning January 1, 2017, the VOC content limits specified in Tables I and II apply to an owner and operator of a facility that has total actual VOC emissions equal to or greater than 15 pounds (6.8 kilograms) per day, before consideration of controls, from all operations at the facility that apply an assembly coating subject to this section, including related cleaning activities.

(2) Beginning January 1, 2017, the VOC content limits specified in Tables I and II do not apply to the following:

(i) An owner and operator of a facility that has total actual VOC emissions below 15 pounds (6.8 kilograms) per day, before consideration of controls, from all operations at the facility that apply an assembly coating subject to this section, including related cleaning activities.

(ii) An assembly coating supplied in a container with a net volume of 16 ounces or less or a net weight of 1 pound or less.

(e) Work practice requirements. Beginning January 1, 2017, an owner and operator subject to subsection (d)(1) shall comply with the following work practices for:

(1) Coating-related activities. An owner and operator shall:

(i) Store all VOC-containing coatings, thinners and coating-related waste materials in closed containers.

(ii) Ensure that mixing and storage containers used for VOC-containing coatings, thinners and coating-related waste materials are kept closed at all times except when depositing or removing these materials.

(iii) Minimize spills of VOC-containing coatings, thinners and coating-related waste materials and clean up spills immediately.

(iv) Convey VOC-containing coatings, thinners and coating-related waste materials from one location to another in closed containers or pipes.

(v) Minimize VOC emissions from cleaning of storage, mixing and conveying equipment.

(2) Cleaning materials. An owner and operator shall develop and implement a written work practice plan to minimize VOC emissions from cleaning and purging of equipment associated with all coating operations for which emission limits are required. The written plan must specify practices and procedures to ensure that VOC emissions from the following operations are minimized:

(i) Vehicle body wiping.

(ii) Coating line purging.

(iii) Flushing of coating systems.

(iv) Cleaning of spray booth grates.

(v) Cleaning of spray booth walls.

(vi) Cleaning of spray booth equipment.

(vii) Cleaning external spray booth areas.

(viii) Other housekeeping measures, including:

(A) Storing all VOC-containing cleaning materials and used shop towels in closed containers.

(B) Ensuring that mixing and storage containers used for VOC-containing cleaning materials are kept closed at all times except when depositing or removing these materials.

(C) Minimizing spills of VOC-containing cleaning materials and cleaning up spills immediately.

(D) Conveying VOC-containing cleaning materials from one location to another in closed containers or pipes.

(E) Minimizing VOC emissions from cleaning of storage, mixing and conveying equipment.

(f) Compliance monitoring and recordkeeping. An owner or operator subject to this section shall maintain records sufficient to demonstrate compliance with this section.

(1) The owner or operator shall maintain daily records of the following parameters for each coating, thinner, component or cleaning material as supplied:

(i) The name and identification number.

(ii) The volume used.

(iii) The mix ratio.

(iv) The density or specific gravity.

(v) The weight percent of total volatiles, water, solids and exempt solvents.

(vi) The volume percent of solids for each EDP coating.

(vii) The VOC content.

(2) The owner or operator shall maintain a daily record of the VOC content of each as applied coating or cleaning material.

(3) The owner or operator shall:

(i) Maintain the records onsite for 2 years, unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit or order issued by the Department.

(ii) Submit the records to the Department in an acceptable format upon receipt of a written request from the Department.

(4) The owner or operator subject to subsection (e) shall maintain the written work practice plan specified in subsection (e)(2) onsite and make it available to the Department upon request.

(g) Measurement, calculation, sampling and testing methodologies. The following measurement, calculation, sampling and testing methodologies shall be used to determine the amount of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations, as appropriate:

(1) Measurements of the volatile fraction of coatings shall be performed according to the following, as applicable:

(i) EPA Reference Method 24.

(ii) Appendix A of 40 CFR Part 63, Subpart PPPP (relating to National emission standards for hazardous air pollutants for surface coating of plastic parts and products), regarding determination of weight volatile matter content and weight solids content of reactive adhesives.

(iii) Manufacturer’s formulation data.

(2) Calculations of the VOC emissions and rates shall be performed according to the following, as applicable:

(i) Automobile Topcoat Protocol—Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat Operations, EPA-453/R-08-002, including updates and revisions. This protocol applies to the owner and operator of a facility that coats a body or body part for a new heavier vehicle that elects under subsection (a)(3) to comply with this section instead of § 129.52d.

(ii) A Guideline for Surface Coating Calculations, EPA-340/1-86-016, including updates and revisions.

(iii) Procedures for Certifying Quantity of Volatile Organic Compounds Emitted by Paint, Ink, and Other Coatings, EPA-450/3-84-019, including updates and revisions.

(3) Sampling and testing shall be performed according to the procedures and test methods specified in Chapter 139 (relating to sampling and testing).

(4) Another method or procedure that has been approved in writing by the Department and the EPA.

The provisions of this § 129.52e issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.52e adopted October 21, 2016, effective October 22, 2016, 46 Pa.B. 6743.

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.54 Seasonal operation of auxiliary incineration equipment.

Where incineration equipment employing natural gas as the auxiliary fuel has been installed to effect compliance with the discharge limitation of § 129.52, § § 129.55—129.64 or § § 129.67—129.69, the Department may authorize the discontinuation of the operation of the equipment for the purpose of fuel conservation during the months of December, January and February if the operation of the equipment is not required for purposes of occupational health or safety or for the control of toxic substances or other regulated substances or for the prevention of odor nuisances. Authorization to discontinue operation of the incineration equipment may be made only after receipt of a written request from the owner or operator of an applicable facility. Authorization will be made in writing and may be similarly revoked by the Department if the revocation is found necessary for the attainment or maintenance of an air pollutant standard.

The provisions of this § 129.54 amended under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.54 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial page (151670).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.55 Petroleum refineries—specific sources.

(a) Wastewater separators. No person may permit the use of a compartment of a single or multiple compartment volatile organic compound wastewater separator which compartment receives effluent water containing 200 gallons a day or more of any volatile organic compound from equipment processing, refining, treating, storing or handling volatile organic compounds unless the compartment is equipped with one of the following vapor loss control devices—properly installed, in good working order, and in operation—as follows:

(1) A container having openings sealed and totally enclosing the liquid contents. Gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(2) A container equipped with a floating roof—consisting of a pontoon-type roof, double-deck-type roof or internal floating cover—which will rest on the surface of the contents and be equipped with a closure seal or seals to close the space between the roof edge and container wall. Gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

(b) Pumps and compressors. Pumps and compressors handling volatile organic compounds with a vapor pressure of greater than 1.5 psi (10.3 kilopascals) at actual conditions shall have mechanical seals. For the purpose of determining vapor pressure, a temperature no greater than 100° F shall be used.

(c) Vacuum-producing systems. Vacuum producing systems shall conform with the following:

(1) The owner or operator of any vacuum-producing systems at a petroleum refinery may not permit the emission of volatile organic compounds from the condensers, hot wells or accumulators of the system.

(2) The emission limit under paragraph (1) shall be achieved by one of the following:

(i) Piping the vapors to a firebox or incinerator.

(ii) Compressing the vapors and adding them to the refinery fuel gas.

(iii) A method approved by the Department which recovers no less than 90% by weight of uncontrolled volatile organic compounds that would otherwise be emitted to the atmosphere.

(d) Process unit turnarounds. Purging of volatile organic compounds during depressurization of reactors, fractionating columns, pipes or vessels during unit shutdown, repair, inspection or startup shall be performed in such a manner as to direct the volatile organic vapors to a fuel gas system, flare or vapor recovery system until the internal pressure in such equipment reaches 19.7 psia (136 kilopascals).

The provisions of this § 129.55 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118. Immediately preceding text appears at serial page (53973).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.56 Storage tanks greater than 40,000 gallons capacity containing VOCs.

(a) No person may permit the placing, storing or holding in a stationary tank, reservoir or other container with a capacity greater than 40,000 gallons of volatile organic compounds with a vapor pressure greater than 1.5 psia (10.5 kilopascals) under actual storage conditions unless the tank, reservoir or other container is a pressure tank capable of maintaining working pressures sufficient at all times to prevent vapor or gas loss to the atmosphere or is designed and equipped with one of the following vapor loss control devices:

(1) An external or an internal floating roof. This control equipment may not be permitted if the volatile organic compounds have a vapor pressure of 11 psia (76 kilopascals) or greater under actual storage conditions.

(2) Vapor recovery system. A vapor recovery system, consisting of a vapor gathering system capable of collecting the volatile organic compound vapors and gases discharged and a vapor disposal system capable of processing such volatile organic vapors and gases so as to prevent their emission to the atmosphere. Tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place. The vapor recovery system shall be maintained in good working order and recover at least 80% of the vapors emitted by such tank.

(b) An external floating roof shall be fitted with a primary seal and a continuous secondary seal extending from the floating roof to the tank wall (rim-mounted secondary seal). The external floating roof shall meet the following equipment requirements:

(1) Seal closure devices shall meet the following requirements:

(i) There are no visible holes, tears or other openings in the seals or seal fabric.

(ii) The seals are intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.

(iii) For tanks with vapor-mounted primary seals, the accumulated area of gaps exceeding 1/8 inch in width between the secondary seal and the tank wall shall not exceed 1 square inch per foot of tank diameter. Compliance with this subsection shall be determined by physically measuring the length and width of gaps around the entire circumference of the secondary seal in each place where a 1/8 inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall and by summing the area of the individual gaps.

(2) Openings in the external floating roof, except for automatic bleeder vents, rim space vents and leg sleeves, are as follows:

(i) Equipped with covers, seals or lids in the closed position except when the openings are in actual use.

(ii) Equipped with projections into the tank which remain below the liquid surface at all times.

(3) Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports.

(4) Rim vents are set to open when the roof is being floated off the leg supports or at the recommended setting of the manufacturer.

(5) Emergency roof drains are provided with slotted membrane fabric covers or equivalent covers which cover at least 90% of the area of the opening.

(c) An internal floating roof shall be fitted with a primary seal and shall comply with the following equipment requirements:

(1) A closure seal or seals, to close the space between the roof edge and tank wall is used.

(2) There are no holes, tears or other openings in the seal or a seal fabric or materials.

(3) Openings except stub drains are equipped with covers, lids or seals such that:

(i) The cover, lid or seal is in the closed position at all times except when in actual use.

(ii) Automatic bleeder vents are closed at all times except when the roof is floated off or landed on the roof leg supports.

(iii) Rim vents, if provided are set to open when the roof is being floated off the roof leg supports or at the recommended setting of the manufacturer.

(d) This section does not apply to petroleum liquid storage vessels which:

(1) Are used to store waxy, heavy pour crude oil.

(2) Have capacities less than 420,000 gallons and are used to store produced crude oil and condensate prior to lease custody transfer.

(e) For the purposes of this section, the petroleum liquid storage vessels listed in this subsection comply with the equipment requirements of this section. These tanks shall comply with the maintenance, inspection and reporting requirements of this section. These petroleum liquid storage vessels are those:

(1) Which contain a petroleum liquid with a true vapor pressure less than 4 psia (27.6 kilopascals) and which are of welded construction and which presently possess a metallic-type shoe seal, a liquid-mounted foam seal, a liquid-mounted liquid filled type seal or other closure device of demonstrated equivalence approved by the Department.

(2) Which are of welded construction, equipped with a metallic-type shoe primary seal and has a secondary seal from the top of the shoe seal to the tank wall (shoe-mounted secondary seal).

(f) The owner or operator of a petroleum liquid storage vessel with a floating roof subject to this regulation shall:

(1) Perform routine inspections annually in order to insure compliance with subsection (b) or (c). The inspection shall include a visual inspection of the secondary seal gap when inspecting external floating roof tanks.

(2) For external floating roof tanks, measure the secondary seal gap annually in accordance with subsection (b)(1)(iii) when the floating roof is equipped with a vapor-mounted primary seal.

(3) Maintain records of the types of volatile petroleum liquids stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed in subsection (f)(1) and (2). Copies of the records shall be retained by the owner or operator for a period of 2 years after the date on which the record was made and shall be made available to the Department upon written or verbal request at a reasonable time.

(g) For volatile organic compounds whose storage temperature is governed by ambient weather conditions, the vapor pressure under actual storage conditions shall be determined using a temperature which is representative of the average storage temperature for the hottest month of the year in which the storage takes place.

(h) If a failure is detected during inspections required in this section, the owner or operator, or both, shall repair the items or empty and remove the storage vessel from service within 45 days. If this failure cannot be repaired within 45 days and if the vessel cannot be emptied within 45 days, a 30-day extension may be requested from the Department. A request for an extension shall document that alternate storage capacity is unavailable and specify a schedule of actions the owner or operator will take that will assure that the equipment will be repaired or the vessel will be emptied as soon as possible but within the additional 30-day time requested.

The provisions of this § 129.56 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.56 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4525. Immediately preceding text appears at serial pages (199522) to (199524).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.57 (relating to storage tanks less than or equal to 40,000 gallons capacity containing VOCs); 25 Pa. Code § 129.60 (relating to bulk gasoline plants); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.57 Storage tanks less than or equal to 40,000 gallons capacity containing VOCs.

The provisions of this section apply to above ground stationary storage tanks with a capacity equal to or greater than 2,000 gallons which contain volatile organic compounds with vapor pressure greater than 1.5 psia (10.5 kilopascals) under actual storage conditions. Storage tanks covered under this section shall have pressure relief valves which are maintained in good operating condition and which are set to release at no less than .7 psig (4.8 kilopascals) of pressure or .3 psig (2.1 kilopascals) of vacuum or the highest possible pressure and vacuum in accordance with state or local fire codes or the National Fire Prevention Association guidelines or other national consensus standards acceptable to the Department. Section 129.56(g) (relating to storage tanks greater than 40,000 gallons capacity containing VOCs) applies to this section. Petroleum liquid storage vessels which are used to store produced crude oil and condensate prior to lease custody transfer shall be exempt from the requirements of this section.

The provisions of this § 129.57 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.57 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118. Immediately preceding text appears at serial pages (53975) to (53976).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.58 Petroleum refineries—fugitive sources.

(a) The owner or operator of a petroleum refinery shall do the following:

(1) Develop and conduct a monitoring program consistent with the provisions of subsection (d).

(2) Record leaking refinery components which have a VOC concentration exceeding 10,000 ppm when tested in accordance with the provisions of § 139.14 (relating to emissions of VOCs) and place an identifying tag on each refinery component consistent with the provisions in subsection (d)(3).

(3) Repair and retest the leaking refinery components as soon as possible. Every reasonable effort shall be made to repair each leak within 15 days unless a refinery unit shutdown is required to make the necessary repair.

(4) Identify leaking refinery components which cannot be repaired until the unit is shutdown for turnaround.

(b) Except for safety pressure relief valves and fittings on valves 1 inch or smaller, no owner or operator of a petroleum refinery shall install or operate a valve at the end of a pipe or line containing VOCs unless the pipe or line is sealed with a second valve, a blind flange, a plug or a cap. The sealing device may be removed only when a sample is being taken or during maintenance operations.

(c) Pipeline valves and pressure relief valves in gaseous VOC service shall be marked in some manner that will be readily obvious to both refinery personnel performing monitoring and the Department.

(d) Monitoring shall be done as follows:

(1) The owner or operator of a petroleum refinery shall conduct a monitoring program consistent with the following requirements:

(i) Check yearly, by methods referenced in § 139.14, pump seals and pipeline valves in liquid service.

(ii) Check quarterly, by methods referenced in § 139.14, compressor seals, pipeline valves in gaseous service, and pressure relief valves in gaseous service.

(iii) Check monthly, by visual methods, pump seals.

(iv) Check within 24 hours, by methods referenced in § 139.14, a pump seal from which VOC liquids are observed to be dripping.

(v) Check, by methods referenced in § 139.14, a relief valve within 24 hours after it has vented to the atmosphere.

(vi) Check within 72 hours after repair, by methods referenced in § 139.14, a refinery component that was found leaking.

(2) Pressure relief devices which are connected to an operating flare header, vapor recovery devices, inaccessible valves, storage tank valves and valves that are not externally regulated are exempt from the monitoring requirements in paragraph (1).

(3) The owner or operator of a petroleum refinery, upon the detection of a leaking refinery component, shall affix a weatherproof and readily visible tag, bearing an identification number and the date upon which the leak is located to the leaking refinery component. This tag shall remain in place until the leaking refinery component is repaired.

(e) Record keeping shall comply with the following:

(1) The owner or operator of a petroleum refinery shall maintain a leaking refinery components’ monitoring log which shall contain, at a minimum, the following data:

(i) The name of the process unit where the refinery component is located.

(ii) The type of refinery component—for example, valve, seal.

(iii) The tag number of refinery component.

(iv) The dates on which the leaking refinery component was discovered and repaired.

(v) The date and instrument reading of the recheck procedure after a leaking refinery component was repaired.

(vi) A record of the calibration of the monitoring instrument.

(vii) Those leaks that cannot be repaired until turnaround.

(viii) The total number of refinery components checked and the total number of refinery components found leaking.

(2) Copies of the monitoring log shall be retained by the owner for 2 years after the date on which the record was made or the report was prepared.

(3) Copies of the monitoring log shall immediately be made available to the Department, upon verbal or written request, at any reasonable time.

(f) Reporting shall comply with the following:

(1) The owner or operator of a petroleum refinery, upon completion of each yearly and quarterly monitoring procedure, shall do the following:

(i) Submit a report to the Department by the last business day of January, April, July and October that lists leaking refinery components that were located during the previous calendar quarter but not repaired within 15 days, leaking refinery components awaiting unit turnaround, the total number of refinery components inspected and the total number of refinery components found leaking.

(ii) Submit a signed statement with the report attesting to the fact that, with the exception of those leaking refinery components listed in subparagraph (i), monitoring and repairs were performed as stipulated in the monitoring program.

(g) The owner or operator of a petroleum refinery may submit an alternative plan for the control of leaks from petroleum refinery equipment to the Department. If the Department finds that the alternative plan will achieve an emission reduction which is equivalent to or greater than the reduction which can be achieved under the provisions of this section and that the alternative plan is as enforceable as this section, then the Department will allow the implementation of this alternative plan.

(h) The owner or operator of a petroleum refinery may submit to the Department a list of refinery components the inspection of which would involve a significant element of danger. The Department may exempt the refinery components on this list from the requirements of this section if the owner or operator can demonstrate to the satisfaction of the Department that a significant element of danger exists which cannot be reasonably eliminated and that these exemptions will not result in a significant reduction in the effectiveness in the control of VOC emissions.

The provisions of this § 129.58 issued under the Air Pollution Control Act (35 P.S. § § 4001—4015).

The provisions of this § 129.58 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478. Immediately preceding text appears at serial pages (62507) to (62510).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.59 Bulk gasoline terminals.

(a) A person may not cause or permit the loading of gasoline into a vehicular tank from a bulk gasoline terminal unless the gasoline loading racks are equipped with a vapor collection and disposal system capable of processing volatile organic vapors and gases so that no more than 0.0668 pounds (30.3 grams) of gasoline (measured as propane) are emitted to the atmosphere for every 100 gallons (380 liters) of gasoline loaded.

(b) A person may not cause or permit the loading of gasoline into a vehicular tank from a bulk gasoline terminal unless the gasoline loading racks are equipped with a loading arm with a vapor collection adaptor and pneumatic, hydraulic or other mechanical means to force a vapor-tight seal between the adaptor and the hatch of the tank. A means shall be provided to prevent gasoline drainage from the loading device when it is not connected to the hatch, and to accomplish complete drainage before the removal. When loading is effected through means other than hatches, loading and vapor lines shall be equipped with fittings which make vapor-tight connections and which will be closed upon disconnection.

(c) An owner or operator of a bulk gasoline plant shall maintain records of daily throughput. These records shall be retained for at least 2 years and shall be made available to the Department on request.

The provisions of this § 129.59 amended under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.59 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; 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. Immediately preceding text appears at serial pages (151678) to (151679).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.60 (relating to bulk gasoline plants); 25 Pa. Code § 129.61 (relating to small gasoline storage tank control (stage I control)); 25 Pa. Code § 129.62 (relating to general standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.60 Bulk gasoline plants.

(a) A person may not cause or permit the loading of gasoline into a vehicular receiving tank from a bulk gasoline plant unless the loading is:

(1) Bottom filled with the inlet flush with the receiving vehicular tank bottom.

(2) Top-submerged filled with the fill pipe extended to within 6 inches of the bottom of the receiving vehicular tank during top-submerged filling operations.

(b) A person may not cause or permit the loading of gasoline into the stationary tanks of a bulk gasoline plant from a tank truck delivering gasoline to the bulk gasoline plant unless a vapor balancing technique is employed. The displaced vapors from the storage tank shall be transferred to the dispensing delivery tank during loading operations, and these vapors shall be processed for disposal in accordance with § 129.59 (relating to bulk gasoline terminals). This subsection is not applicable to storage tanks which conform to § 129.56(a)(1) or (2) (relating to storage tanks greater than 40,000 gallons capacity containing VOCs).

(c) A person may not cause or permit the loading of gasoline from a bulk gasoline plant with a daily throughput since January 1, 1987 of greater than 4,000 gallons (15,200 liters) into a tank truck with a capacity greater than 250 gallons (950 liters) unless a vapor balance system is employed. The displaced vapors from the tank truck shall be transferred to the stationary tanks of the bulk gasoline plant during loading operations. A storage tank at a bulk gasoline plant which is controlled under § 129.56(a)(1) or (2) shall have a vapor recovery unit and process vapors from gasoline loading in accordance with § 129.59.

(d) An owner or operator of a bulk gasoline plant shall maintain records of daily throughput. These records shall be retained for at least 2 years and shall be made available to the Department on request.

The provisions of this § 129.60 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.60 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151679) to (151680).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.61 (relating to small gasoline storage tank control (Stage I control)); 25 Pa. Code § 129.62 (relating to general standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.61 Small gasoline storage tank control (Stage 1 control).

(a) Applicability. This section applies Statewide to the owner and operator of a gasoline storage tank with a capacity of greater than 2,000 gallons.

(b) Transfer requirements. A person may not transfer gasoline from a gasoline tank truck into a gasoline storage tank at a gasoline dispensing facility unless the displaced vapors from the storage tank are transferred to the dispensing tank of the gasoline tank truck through a vapor tight return line and unless the gasoline dispensing facility storage tank is equipped with a submerged fill pipe which extends from the filling orifice to within 6 inches of the bottom of the storage tank.

(c) Gasoline tank truck dispensing tank requirements. The dispensing tank of a gasoline tank truck must remain vapor tight at all times, except that the dispensing tank may be opened after the vapors are disposed of under § 129.59 or § 129.60(c).

(d) Additional requirements. An owner and operator of a gasoline storage tank subject to this section may also be subject to § 129.61a (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control).

The provisions of this § 129.61 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005); and amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.61 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406; amended September 15, 1995, effective September 16, 1995, 25 Pa.B. 3849; amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875. Immediately preceding text appears at serial pages (380418) to (380419).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.61a (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control); 25 Pa. Code § 129.62 (relating to general standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.82a (relating to requirements to decommission a Stage II vapor recovery system); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.61a Vapor leak monitoring procedures and other requirements for small gasoline storage tank emisson control.

(a) Applicability. Beginning March 26, 2022, this section applies to the owner and operator of a gasoline storage tank subject to § 129.61 (relating to small gasoline storage tank control (Stage I control)) if the gasoline storage tank is located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County and, if one of the following is met:

(1) Except as specified in paragraph (2), the gasoline dispensing facility has had a monthly throughput greater than 10,000 gallons (37,850 liters) of gasoline assessed on December 31 annually, beginning with the 2021 calendar year.

(2) The owner or operator of the gasoline dispensing facility is an independent small business marketer of gasoline as defined under section 324(c) of the Clean Air Act (42 U.S.C.A. § 7625(c)) and the gasoline dispensing facility has had a monthly throughput equal to or greater than 50,000 gallons (189,250 liters), assessed on December 31 annually beginning with the 2021 calendar year.

(3) The monthly throughput of the gasoline dispensing facility exceeds the applicable monthly throughput threshold of paragraph (1) or paragraph (2) at any time after March 26, 2022, but later falls below the applicable monthly throughput threshold of paragraph (1) or paragraph (2). The owner and operator of the gasoline dispensing facility remain subject to the applicable requirements of this section for the gasoline dispensing facility, even after the monthly throughput falls below the applicable monthly throughput threshold of paragraph (1) or paragraph (2).

(b) CARB vapor recovery test procedures. The following are the CARB vapor recovery test procedures specified in this section:

(1) CARB TP-201.1E—‘‘Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves,’’ adopted October 8, 2003, including updates and revisions.

(2) CARB TP-201.3—‘‘Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,’’ adopted April 12, 1996, and amended March 17, 1999, and July 26, 2012, including updates and revisions.

(3) CARB TP-201.3C—‘‘Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test),’’ adopted March 17, 1999, including updates and revisions.

(4) CARB TP-201.1B—‘‘Static Torque of Rotatable Phase I Adaptors,’’ adopted July 3, 2002, and amended October 8, 2003, including updates and revisions.

(c) Vapor leak rate monitoring procedures. The owner or operator of a gasoline dispensing facility subject to this section shall monitor the gasoline dispensing facility Stage I vapor recovery system piping for vapor leaks in one of the following ways:

(1) Perform specified test procedures under subsection (d).

(2) Perform continuous monitoring under subsections (e), (h), (i) and (j).

(d) Vapor leak rate monitoring using specified test procedures. The owner or operator of a gasoline dispensing facility monitoring the gasoline dispensing facility Stage I vapor recovery system piping for vapor leaks under subsection (c)(1) shall do all of the following:

(1) Conduct each of the CARB TP-201.1E, CARB TP-201.3 and CARB TP-201.3C test procedures at least once in every 12-month period. Also, if the Stage I vapor recovery system is equipped with a rotatable adaptor, conduct a CARB TP-201.1B test procedure once in every 12-month period.

(i) These four test procedures may be conducted simultaneously, consecutively or separately at different times during the 12-month period.

(ii) Repair to a component on, or correction to, the Stage I vapor recovery system may not be made on the day of the CARB TP-201.3 or CARB TP-201.3C test procedure prior to completion of the test procedure.

(iii) Repair to a component on, or correction to, the Stage I vapor recovery system must be made within 10 days following a failed CARB TP-201.1E, CARB TP-201.3, CARB TP-201.1B or CARB TP-201.3C test procedure.

(iv) If a repair to a component on, or correction to, the Stage I vapor recovery system is made to pass the CARB TP-201.3 test procedure, then the CARB TP-201.3 test procedure must be conducted once in every 6-month period. The first test procedure conducted under this subparagraph must be conducted in the month that the repair to a component on, or correction to, the Stage I system is made under subparagraph (iii). The once-in-every-12-month period CARB TP-201.3 test procedure may resume when two consecutive once-in-every-6-month period CARB TP-201.3 test procedures do not reveal a failure requiring repair or correction.

(v) Perform CARB TP-201.1E, CARB TP-201.3, CARB TP-201.3C AND CARB TP-201.1B on or before March 26, 2023, and on an annual basis thereafter.

(2) Record all of the following information, as applicable, for each test procedure performed under paragraph (1):

(i) The name of the test procedure.

(ii) The name of the person performing the test procedure.

(iii) The date the test procedure was performed.

(iv) The result of the test procedure.

(v) The date, time, type and duration of the vapor leak rate failure.

(vi) The name of the person correcting the vapor leak rate failure.

(vii) The date the vapor leak rate failure was corrected.

(viii) The action taken to correct the vapor leak rate failure.

(e) Continuous vapor leak rate monitoring. The owner or operator of a gasoline dispensing facility that is continuously monitoring the gasoline dispensing facility Stage I vapor recovery system piping for vapor leaks under subsection (c)(2) shall design, install, operate and maintain both of the following:

(1) A Stage I enhanced vapor recovery system for which a CARB Executive Order is issued, is valid at the time of installation and remains valid during the operation of the Stage I enhanced vapor recovery system.

(2) A continuous pressure monitoring system as identified in Exhibit 1 Section II, Exhibit 2 Section II and Exhibit 3 Section II of CARB Executive Order VR-202-R, ‘‘Relating to Certification of Vapor Recovery Systems Assist Phase II Enhanced Vapor Recovery (EVR) System including In-Station Diagnostics (ISD),’’ dated December 8, 2014 including updates and revisions. The continuous pressure monitoring system must meet all of the following:

(i) Include a console, a vapor pressure sensor, an automatic gasoline storage tank system pressure gauge and vapor leak rate detection software.

(ii) Operate at least 95% of the time on a calendar-month basis.

(iii) Calculate and record the percentage of continuous pressure monitoring system operational time.

(iv) Measure once every 7 days the vapor leak rate from the gasoline storage tank system at any working ullage pressure, both positive and negative.

(v) Measure the gasoline storage tank system pressure once every 7 days.

(vi) Record once every 7 days, with not more than 7 days between recordings, the calculated percentage of time that the gasoline storage tank system pressure is at least 0.5 inches of water column below the positive cracking pressure of the pressure/vacuum vent valve.

(f) Stage I vapor recovery system installation requirements. The owner or operator of a gasoline dispensing facility subject to this section that installs a Stage I vapor recovery system shall do all of the following:

(1) Perform, and ensure that the Stage I vapor recovery system passes, all of the following CARB vapor leak rate monitoring test procedures within 10 days of installation of the Stage I vapor recovery system:

(i) CARB TP-201.1B if the Stage I vapor recovery system is equipped with a rotatable adaptor.

(ii) CARB TP-201.1E.

(iii) CARB TP-201.3.

(iv) CARB TP-201.3C.

(2) Record all of the following information, as applicable, for each test procedure performed under paragraph (1):

(i) The completion date of installation of the Stage I vapor recovery system.

(ii) The name of the test procedure.

(iii) The name of the person performing the test procedure.

(iv) The date the test procedure was performed.

(v) The result of the test procedure.

(vi) The date, type and duration of a vapor leak rate failure.

(vii) The name of the person correcting the vapor leak rate failure.

(viii) The date the vapor leak rate failure was corrected.

(ix) The action taken to correct the vapor leak rate failure.

(3) Maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the CARB Executive Order specified in subsection (e)(1).

(4) Install and maintain a pressure/vacuum vent valve on each atmospheric vent of the underground storage tank.

(g) Monitoring the condition of the Stage I vapor recovery system components and other gasoline dispensing components. The owner or operator of a gasoline dispensing facility with a Stage I vapor recovery system shall monitor the condition of the Stage I vapor recovery system components and other gasoline dispensing components in accordance with all of the following, as applicable:

(1) Perform an inspection after each gasoline tank truck delivery to check all of the following:

(i) That each fill pipe adaptor and Stage I adaptor is tightly sealed.

(ii) That each Stage I dry break is tightly sealed.

(iii) That each automatic tank gauge cap is tightly sealed.

(2) Perform an inspection one time per month to check all of the following:

(i) That each automatic tank gauging electrical grommet and vent extractor cap is in good working order.

(ii) That the riser and pressure/vacuum vent valve and cap are installed and not damaged above ground level.

(iii) That there are no tears or holes in gasoline hoses.

(iv) That gasoline nozzles are functioning according to their design.

(v) That gasoline hoses are not touching the ground when the nozzle is resting on its holding bracket.

(vi) That each gasoline nozzle fits in its holding bracket.

(vii) If a Stage II vapor balance vapor recovery system is installed, that a face plate can make a positive seal.

(viii) If a Stage II vapor balance vapor recovery system is installed, that the bellows are free of tears and holes.

(3) Make the needed correction to the Stage I system under paragraph (1) or make the needed repair to a failed component under paragraphs (1) and (2) as soon as possible before the next scheduled monthly inspection.

(4) Record all of the following information, as applicable, for each monitoring inspection conducted under paragraphs (1) and (2) and for each correction to the Stage I system or repair to a failed component made under paragraph (3):

(i) The name of the person performing the inspection.

(ii) The component inspected under paragraphs (1) and (2).

(iii) The date the inspection was performed.

(iv) The result of each inspection of the components under paragraphs (1) and (2).

(v) The name of the person making the correction to the Stage I system or the repair to a failed component.

(vi) The date the correction was made to the Stage I system or the repair was made to the failed component.

(vii) The action taken to correct the Stage I system or to repair the failed component.

(h) Vapor leak rate of the gasoline storage tank system. The owner or operator of a gasoline dispensing facility that is monitoring the vapor leak rate of the gasoline storage tank system with a continuous pressure monitoring system under subsection (c)(2) shall do all of the following:

(1) Maintain the gasoline storage tank system at a vapor leak rate less than two times the allowed vapor leak rate.

(i) The allowed vapor leak rate must be determined under CARB TP-201.3.

(ii) Equation 9-2 with N=1-6 from CARB TP-201.3 must be used to determine the allowed vapor leak rate.

(2) Generate a report in electronic format once per day for the previous calendar day. The report must record the following:

(i) Continuous pressure monitoring system operational time as a percentage.

(ii) Percentage of time the tank system pressure is above atmospheric pressure.

(iii) Percentage of time the tank system pressure is at least 0.5 inches water column below the positive cracking pressure of the pressure/vacuum vent valve.

(3) Generate a report in electronic format by the 15th of the month for the previous calendar month which records the following:

(i) Continuous pressure monitoring system operational time as a percentage.

(ii) Percentage of time the tank system pressure is above atmospheric pressure.

(iii) Percentage of time the tank system pressure is at least 0.5 inches water column below the positive cracking pressure of the pressure/vacuum vent valve.

(iv) Warnings generated when the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate determined under subparagraph (1), including the date and time of each warning.

(4) Store the electronic records of the reports generated in paragraphs (2) and (3) in a manner to maintain the records despite loss of power to the continuous pressure monitoring system.

(5) Follow the applicable procedures of subsections (i) and (j) if the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate determined under paragraph (1).

(6) Perform, and ensure that the continuous pressure monitoring system passes, the continuous pressure monitoring system operability test as specified in Exhibit 9 or Exhibit 10, as applicable, of CARB Executive Order VR-202-R, one time every 3 years after the date the continuous pressure monitoring system is installed.

(7) Record all of the following information for the continuous pressure monitoring system operability test specified in paragraph (6):

(i) The name of the person performing the test.

(ii) The date the test was performed.

(iii) The result of the test.

(8) If the continuous pressure monitoring system fails the operability test required under paragraph (6), the owner or operator shall repair and retest the continuous pressure monitoring system under paragraph (6) within 10 days.

(9) If the continuous pressure monitoring system fails the operability test required under paragraph (6), record all of the following information:

(i) The name of the person recording the operability test failure.

(ii) The date and time the continuous pressure monitoring system failed the operability test.

(iii) The type and duration of the operability test failure.

(iv) The name of the person correcting the operability test failure.

(v) The date the repair was made to correct the operability test failure.

(vi) The action taken to correct the operability test failure.

(10) Maintain the records required under paragraphs (7) and (9), as applicable, onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination for 6 years.

(i) First exceedance of the allowed vapor leak rate. If the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate determined under subsection (h)(1), then all of the following must occur:

(1) The continuous pressure monitoring system must activate a warning alarm and record the event.

(2) The owner or operator shall do all of the following:

(i) Determine the cause of the failure and take corrective action within 7 calendar days of the alarm. If this correction does not require a repair or correction to the gasoline storage tank system, the person correcting the cause of the failure need not meet the certification requirements under subsection (q).

(ii) Reset the continuous pressure monitoring system when the correction under subparagraph (i) is made.

(iii) Record all of the following information, as applicable, for the exceedance:

(A) The name of the person recording the vapor leak rate failure.

(B) The date and time the continuous pressure monitoring system indicated a vapor leak rate failure.

(C) The type and duration of the vapor leak rate failure.

(D) The name of the person correcting the vapor leak rate failure.

(E) The date the vapor leak rate failure was corrected.

(F) The action taken to correct the vapor leak rate failure.

(iv) Record the date, time, duration and reason for a warning alarm that did not indicate a vapor leak rate failure.

(j) Second exceedance of the allowed vapor leak rate. Following the action taken to correct the cause of the failure under subsection (i)(2)(i), the continuous pressure monitoring system must recommence monitoring the gasoline storage tank system. If the gasoline storage tank system vapor leak rate equals or exceeds two times the allowed vapor leak rate within 7 calendar days following the correction made under subsection (i)(2)(i), then all of the following must occur:

(1) The continuous pressure monitoring system must activate a warning alarm and record the event.

(2) The owner or operator of the gasoline dispensing facility shall do all of the following:

(i) Reset the continuous pressure monitoring system as soon as the vapor leak rate failure is corrected.

(ii) Determine the cause of the failure and take corrective action within 7 calendar days of the alarm.

(A) The person correcting a failure to the gasoline storage tank system must meet the certification requirements under subsection (q).

(B) The person correcting a failure to the continuous pressure monitoring system must meet the certification requirements under subsection (q) or must be authorized to make repairs by the continuous pressure monitor manufacturer.

(iii) Record all of the following information, as applicable, for the exceedance:

(A) The name of the person recording the vapor leak rate failure.

(B) The date and time the continuous pressure monitoring system indicated a vapor leak rate failure.

(C) The type and duration of the vapor leak rate failure.

(D) The name of the person correcting the vapor leak rate failure.

(E) The date the vapor leak rate failure was corrected.

(F) The action taken to correct the vapor leak rate failure.

(k) Low permeation hoses and enhanced conventional nozzles. An owner or operator of a gasoline dispensing facility that is subject to this section and does not have a Stage II vapor recovery system shall do all of the following:

(1) Install and maintain low permeation hoses on each gasoline dispenser at the gasoline dispensing facility as follows:

(i) For a gasoline dispensing facility in operation on or before March 26, 2022, install low permeation hoses by March 26, 2024, on each gasoline dispenser that is located at the gasoline dispensing facility as of March 26, 2022.

(ii) For a gasoline dispenser installed after March 26, 2022, install low permeation hoses described in subparagraph (iv) upon installation of the gasoline dispenser.

(iii) For a gasoline dispensing facility that begins operation after March 26, 2022, install low permeation hoses described in subparagraph (iv) upon installation of each gasoline dispenser.

(iv) For subparagraphs (i) through (iii), the owner or operator may only install low permeation hoses that are included by the CARB Executive Officer on the Exhibit 1 ‘‘Component List’’ in CARB Executive Order NVR-1-D, ‘‘Relating to Certification of Non-Vapor Recovery Hoses and Enhanced Conventional Nozzles, For Use at Gasoline Dispensing Facilities with No Phase II Vapor Recovery Systems,’’ executed March 1, 2019, including updates and revisions.

(2) Install and maintain enhanced conventional nozzles on each gasoline dispenser as follows:

(i) The owner or operator shall replace each conventional nozzle with an enhanced conventional nozzle within 2 years after the Department publishes notice in the Pennsylvania Bulletin of the CARB Executive Officer having issued an Executive Order of Certification to a second manufacturer for an enhanced conventional nozzle.

(ii) For a gasoline dispenser installed at the gasoline dispensing facility after the Department publishes the Pennsylvania Bulletin notice referenced in subparagraph (i), the owner or operator of the gasoline dispensing facility shall install enhanced conventional nozzles.

(iii) For a gasoline dispensing facility that begins operating after the Department publishes the notice in the Pennsylvania Bulletin referenced in subparagraph (i), the owner or operator of the gasoline dispensing facility shall install enhanced conventional nozzles on each gasoline dispenser.

(iv) For subparagraphs (i) through (iii), the owner or operator may only install enhanced conventional nozzles that are included by the CARB Executive Officer on the Exhibit 1 ‘‘Component List’’ in CARB Executive Order NVR-1-D, ‘‘Relating to Certification of Non-Vapor Recovery Hoses and Enhanced Conventional Nozzles, For Use at Gasoline Dispensing Facilities with No Phase II Vapor Recovery Systems,’’ executed March 1, 2019, including updates and revisions.

(l) Additional requirements for gasoline dispensing facilities. The owner or operator of a gasoline dispensing facility subject to this section shall do all of the following:

(1) Provide necessary maintenance and make modifications to the vapor control system of the gasoline dispensing facility necessary to comply with the applicable requirements of this section.

(2) Provide adequate training and written instructions to the operator of the gasoline dispensing facility to ensure proper operation of the vapor control system.

(3) Maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the training schedule and written instructions required under paragraph (2).

(4) Immediately remove from service and tag a defective nozzle or other component of the gasoline dispensing system until the defective component is replaced or repaired.

(i) A component removed from service may not be returned to service until the defect is corrected.

(ii) If the Department finds during an inspection that a defective nozzle or other component of the gasoline dispensing system is not properly tagged, the component may not be returned to service until the defect is corrected and the Department approves its return to service.

(5) Conspicuously post the operating instructions for the gasoline dispensing system in the gasoline dispensing area. The operating instructions must include, at a minimum, all of the following information:

(i) A clear description of how to correctly dispense gasoline with the nozzles used at the site.

(ii) A warning that continued attempts to dispense gasoline after the gasoline dispensing system indicates that the motor vehicle fuel tank is full may result in spillage and contamination of the air or water or recirculation of the gasoline into the vapor recovery system.

(iii) A telephone number, email address or social media account established by the Department for the public to use to report problems experienced with the gasoline dispensing system.

(m) Recordkeeping and reporting requirements. The owner or operator of a gasoline dispensing facility subject to this section that creates a record under subsection (d)(2), (f)(2), (g)(4), (h)(4), (h)(10), (i)(2)(iii) or (j)(2)(iii) shall do both of the following:

(1) Maintain the required records onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination for 2 years, unless specified otherwise in this section or unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit, consent decree or order issued by the Department.

(2) Submit the records to the Department in an acceptable format upon receipt of a request from the Department.

(n) Record certifying the Stage I enhanced vapor recovery system. An owner or operator proceeding under subsection (c)(2) shall maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the valid CARB Executive Order required under subsection (e)(1) for the duration of the operation of the Stage I enhanced vapor recovery system. The copy must be made available to the Department upon receipt of a request.

(o) Record certifying the low permeation hoses and enhanced conventional nozzles. The owner or operator shall maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the CARB Executive Order required under subsection (k)(1) and (2) for the duration of the use of the low permeation hoses and enhanced conventional nozzles, respectively. The copy must be made available to the Department upon receipt of a request.

(p) Record of training schedule and written instructions. The owner or operator shall maintain onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the training schedule and written instructions required under subsection (l)(2) for the duration of the operation of the vapor control system. The copy must be made available to the Department upon receipt of a request.

(q) Certification requirements for a person who performs underground storage tank system installation or modification work.

(1) The owner and operator of a gasoline dispensing facility subject to this section shall ensure that a person who performs underground storage tank system installation or modification work under this section is appropriately certified for the work they perform, as follows:

(i) The person must be a certified UMI or UMX storage tank installer under Chapter 245, Subchapter A (relating to general provisions).

(ii) The person must comply with the applicable requirements of Chapter 245, Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).

(2) A person only performing a test specified under subsection (b) is not required to be certified under this subsection.

The provisions of this § 129.61a added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.61a added March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875.

This section cited in 25 Pa. Code § 129.61 (relating to small gasoline storage tank control (Stage I control)); 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)); 25 Pa. Code § 129.82a (relating to requirements to decommission a Stage II vapor recovery system); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.62 General standards for bulk gasoline terminals, bulk gasoline plants and small gasoline storage tanks.

(a) Gasoline may not be spilled or discarded in sewers or stored in open containers or handled in a manner that would result in uncontrolled evaporation to the atmosphere.

(b) An owner or operator of a bulk gasoline plant, bulk gasoline terminal, tank truck or trailer or stationary storage tank to which § 129.59, § 129.60(b) or (c) or § 129.61 (relating to bulk gasoline terminals; bulk gasoline plants; and small gasoline storage tank control (Stage I control)) apply may not permit the transfer of gasoline between the tank truck or trailer and a stationary storage tank unless the following conditions are met:

(1) The vapor balance system is in good working order and is designed and operated in a manner that prevents:

(i) Gauge pressure from exceeding 18 inches of H2O (4500 pascals) and vacuum from exceeding 6 inches of water (1500 pascals) in the gasoline tank truck.

(ii) A reading equal to or greater than 100% of the lower explosive limit—LEL, measured as propane—at 1 inch from points on the perimeter of a potential leak source when measured by the method referenced in § 139.14 (relating to emissions of VOCs) during loading or unloading operations at small gasoline storage tanks, bulk plants and bulk terminals.

(iii) Avoidable liquid leaks during loading or unloading operations at small gasoline storage tanks, bulk plants and bulk terminals.

(2) A truck, vapor balance system or vapor disposal system, if applicable, that exceeds the limits in paragraph (1) is repaired and retested within 15 days.

(3) There are no visually- or audibly-detectable leaks in the tank truck’s or trailer’s pressure/vacuum relief valves and hatch covers, the truck tanks or storage tanks, or associated vapor and liquid lines during loading or unloading.

(4) The pressure and vacuum relief valves on storage vessels and tank trucks or trailers are set to release at no less than .7 psig (4.8 kilopascals) of pressure or .3 psig (2.1 kilopascals) of vacuum or the highest allowable pressure and vacuum as specified in State or local fire codes, the National Fire Prevention Association guidelines or other National consensus standards acceptable to the Department. Upon demonstration by the owner or operator of an underground small gasoline storage tank that the vapor balance system specified in paragraph (1) will achieve a 90% vapor recovery efficiency without a pressure and vacuum relief valve and that an interlock system, sufficient to ensure connection of the vapor recovery line prior to delivery of the gasoline, will be used—no pressure and vacuum relief valve is required. The vacuum setting on the pressure and vacuum relief valve on an underground storage tank may be set at the lowest vacuum setting which is sufficient to keep the vent closed at zero pressure and vacuum.

(c) A person may not allow a gasoline tank truck subject to § 129.59, § 129.60 or § 129.61 to be filled or emptied in a geographic area specified in § 129.61(a) unless the gasoline tank truck:

(1) Has been tested by the owner or operator within the immediately preceding 12 months in accordance with § 139.14.

(2) Sustains a pressure change of no more than 750 pascals (3 inches of H2O) in 5 minutes when pressurized to a gauge pressure of 18 inches of H2O (4,500 pascals) or evacuated to a gauge pressure of 6 inches of H2O (1,500 pascals) during the testing required in paragraph (1).

(3) Is repaired by the owner or operator and retested within 15 days of testing if it does not meet the criteria in paragraph (2).

(4) Displays a clear marking near the Department of Transportation Certification plate required by 49 CFR 178.340-10b (relating to certification), which shows the most recent date upon which the gasoline tank truck passed the test required in this subsection.

(d) Reporting and recordkeeping shall be as follows:

(1) The owner or operator of a source of VOCs subject to subsection (c) shall maintain records of certification testing and repairs. The records shall identify the gasoline tank truck, vapor collection system or vapor control system; the date of the test or repair; and, if applicable, the type of repair and the date of retest. The records shall be maintained in a legible, readily-available condition for 1 year after the date the testing or repair was completed.

(2) The records of certification tests required by paragraph (1) shall contain:

(i) The gasoline tank truck tank serial number.

(ii) The initial test pressure and the time of the reading.

(iii) The final test pressure and the time of the reading.

(iv) The initial test vacuum and the time of the reading.

(v) The final test vacuum and the time of the reading.

(vi) At the top of each report page, the company name and the date and location of the tests on that page.

(vii) The name and title of the person conducting the test.

(3) Copies of records and reports under this subsection shall be made available to the Department upon verbal or written request at any reasonable time. A copy of the test results for each gasoline tank shall be kept with the truck.

(e) Gasoline tank trucks with a rated capacity of less than 4,800 gallons are exempt from subsections (c) and (d).

The provisions of this § 129.62 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.62 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; corrected July 17, 1981, effective June 21, 1981, 11 Pa.B. 2570; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial pages (159208) to (159210).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.63 Degreasing operations.

(a) Cold cleaning machines. Except for those subject to the Federal National emissions standards for hazardous air pollutants (NESHAP) for halogenated solvent cleaners under 40 CFR Part 63 (relating to National emission standards for hazardous air pollutants for source categories), this subsection applies to cold cleaning machines that use 2 gallons or more of solvents containing greater than 5% VOC content by weight for the cleaning of metal parts.

(1) Immersion cold cleaning machines shall have a freeboard ratio of 0.50 or greater.

(2) Immersion cold cleaning machines and remote reservoir cold cleaning machines shall:

(i) Have a permanent, conspicuous label summarizing the operating requirements in paragraph (3). In addition, the label shall include the following discretionary good operating practices:

(A) Cleaned parts should be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining. During the draining, tipping or rotating, the parts should be positioned so that solvent drains directly back to the cold cleaning machine.

(B) When a pump-agitated solvent bath is used, the agitator should be operated to produce a rolling motion of the solvent with no observable splashing of the solvent against the tank walls or the parts being cleaned.

(C) Work area fans should be located and positioned so that they do not blow across the opening of the degreaser unit.

(ii) Be equipped with a cover that shall be closed at all times except during cleaning of parts or the addition or removal of solvent. For remote reservoir cold cleaning machines which drain directly into the solvent storage reservoir, a perforated drain with a diameter of not more than 6 inches shall constitute an acceptable cover.

(3) Cold cleaning machines shall be operated in accordance with the following procedures:

(i) Waste solvent shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

(ii) Flushing of parts using a flexible hose or other flushing device shall be performed only within the cold cleaning machine. The solvent spray shall be a solid fluid stream, not an atomized or shower spray.

(iii) Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the cold cleaning machine.

(iv) Air agitated solvent baths may not be used.

(v) Spills during solvent transfer and use of the cold cleaning machine shall be cleaned up immediately.

(4) After December 22, 2002, a person may not use, sell or offer for sale for use in a cold cleaning machine any solvent with a vapor pressure of 1.0 millimeter of mercury (mm Hg) or greater and containing greater than 5% VOC by weight, measured at 20°C (68°F) containing VOCs.

(5) On and after December 22, 2002, a person who sells or offers for sale any solvent containing VOCs for use in a cold cleaning machine shall provide, to the purchaser, the following written information:

(i) The name and address of the solvent supplier.

(ii) The type of solvent including the product or vendor identification number.

(iii) The vapor pressure of the solvent measured in mm hg at 20°C (68°F).

(6) A person who operates a cold cleaning machine shall maintain for at least 2 years and shall provide to the Department, on request, the information specified in paragraph (5). An invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department may be used to comply with this section.

(7) Paragraph (4) does not apply:

(i) To cold cleaning machines used in extreme cleaning service.

(ii) If the owner or operator of the cold cleaning machine demonstrates, and the Department approves in writing, that compliance with paragraph (4) will result in unsafe operating conditions.

(iii) To immersion cold cleaning machines with a freeboard ratio equal to or greater than 0.75.

(b) Batch vapor cleaning machines. Except for those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63, this subsection applies to batch vapor cleaning machines that use solvent containing greater than 5% VOC by weight for the cleaning of metal parts.

(1) Batch vapor cleaning machines shall be equipped with:

(i) Either a fully enclosed design or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holes and other defects, and can be readily opened or closed without disturbing the vapor zone. If the solvent cleaning machine opening is greater than 10 square feet, the cover shall be powered. If a lip exhaust is used, the closed cover shall be below the level of the lip exhaust.

(ii) Sides which result in a freeboard ratio greater than or equal to 0.75.

(iii) A safety switch (thermostat and condenser flow switch) which shuts off the sump heat if the coolant is not circulating.

(iv) A vapor up control switch which shuts off the spray pump if vapor is not present. A vapor up control switch is not required if the vapor cleaning machine is not equipped with a spray pump.

(v) An automated parts handling system which moves the parts or parts baskets at a speed of 11 feet (3.4 meters) per minute or less when the parts or parts are entering or exiting the vapor zone. If the parts basket being cleaned occupy more than 50% of the solvent/air interface area, the speed of the parts or parts basket may not exceed 3 feet per minute.

(vi) A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils.

(vii) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser.

(viii) A permanent, conspicuous label summarizing the operating requirements in paragraph (4).

(2) In addition to the requirements of paragraph (1), the operator of a batch vapor cleaning machine with a solvent/air interface area of 13 square feet or less shall implement one of the following options:

(i) A working mode cover, freeboard ratio of 1.0, and superheated vapor.

(ii) A freeboard refrigeration device and superheated vapor.

(iii) A working mode cover and a freeboard refrigeration device.

(iv) Reduced room draft, freeboard ratio of 1.0 and superheated vapor.

(v) A freeboard refrigeration device and reduced room draft.

(vi) A freeboard refrigeration device and a freeboard ratio of 1.0.

(vii) A freeboard refrigeration device and dwell.

(viii) Reduced room draft, dwell and a freeboard ratio of 1.0.

(ix) A freeboard refrigeration device and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed 100 ppm at any time.

(x) A freeboard ratio of 1.0, superheated vapor and a carbon adsorber.

(3) In addition to the requirements of paragraph (1), the operator of a batch vapor cleaning machine with a solvent/air interface area of greater than 13 square feet shall use one of the following devices or strategies:

(i) A freeboard refrigeration device, a freeboard ratio of 1.0 and superheated vapor.

(ii) Dwell, a freeboard refrigeration device and reduced room draft.

(iii) A working mode cover, a freeboard refrigeration device and superheated vapor.

(iv) Reduced room draft, freeboard ratio of 1.0 and superheated vapor.

(v) A freeboard refrigeration device, reduced room draft and superheated vapor.

(vi) A freeboard refrigeration device, reduced room draft and a freeboard ratio of 1.0.

(vii) A freeboard refrigeration device, superheated vapor and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed 100 ppm at any time.

(4) Batch vapor cleaning machines shall be operated in accordance with the following procedures:

(i) Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

(ii) Cleaned parts shall be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining. A superheated vapor system shall be an acceptable alternate technology.

(iii) Parts or parts baskets may not be removed from the batch vapor cleaning machine until dripping has ceased.

(iv) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the batch vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray.

(v) Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the batch vapor cleaning machine.

(vi) Spills during solvent transfer and use of the batch vapor cleaning machine shall be cleaned up immediately.

(vii) Work area fans shall be located and positioned so that they do not blow across the opening of the batch vapor cleaning machine.

(viii) During startup of the batch vapor cleaning machine, the primary condenser shall be turned on before the sump heater.

(ix) During shutdown of the batch vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off.

(x) When solvent is added to or drained from the batch vapor cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface.

(xi) The working and downtime covers shall be closed at all times except during parts entry and exit from the machine, during maintenance of the machine when the solvent has been removed and during addition of solvent to the machine.

(c) In-line vapor cleaning machines. Except for those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63, this section applies to in-line vapor cleaning machines that use solvent containing greater than 5% VOC by weight for the cleaning of metal parts.

(1) In-line vapor cleaning machines shall be equipped with:

(i) Either a fully enclosed design or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holesand other defects, and can be readily opened or closed without disturbing the vapor zone.

(ii) A switch (thermostat and condenser flow switch) which shuts off the sump heat if the coolant is not circulating.

(iii) Sides which result in a freeboard ratio greater than or equal to 0.75.

(iv) A vapor up control switch.

(v) An automated parts handling system which moves the parts or parts baskets at a speed of 11 feet (3.4 meters) per minute or less when the parts are entering or exiting the vapor zone. If the parts or parts basket being cleaned occupy more than 50% of the solvent/air interface area, the speed of the parts or parts basket may not exceed 3 feet per minute.

(vi) A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils.

(vii) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser.

(viii) A permanent, conspicuous label summarizing the operating requirements in paragraph (3).

(2) In addition to the requirements of paragraph (1), the operator of an in-line vapor cleaning machine shall use one of the following devices or strategies:

(i) A freeboard ratio of 1.0 and superheated vapor.

(ii) A freeboard refrigeration device and a freeboard ratio of 1.0.

(iii) Dwell and a freeboard refrigeration device.

(iv) Dwell and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed 100 ppm at any time.

(3) In-line vapor cleaning machines shall be operated in accordance with the following procedures:

(i) Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

(ii) Parts shall be oriented so that the solvent drains freely from the parts. Cleaned parts shall be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining.

(iii) Parts or parts baskets may not be removed from the in-line vapor cleaning machine until dripping has ceased.

(iv) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the in-line vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray.

(v) Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the in-line vapor cleaning machine.

(vi) Spills during solvent transfer and use of the in-line vapor cleaning machine shall be cleaned up immediately.

(vii) Work area fans shall be located and positioned so that they do not blow across the in-line vapor cleaning machine.

(viii) During startup of the in-line vapor cleaning machine, the primary condenser shall be turned on before the sump heater.

(ix) During shutdown of the in-line vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off.

(x) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air.

(xi) When solvent is added to or drained from the in-line vapor cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface.

(d) Airless cleaning machines and airtight cleaning machines. Except for those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63, this section applies to airless cleaning machines and airtight cleaning machines that use solvent containing greater than 5% VOC by weight for the cleaning of metal parts.

(1) The operator of each machine shall maintain a log of solvent additions and deletions for each machine including the weight of solvent contained in activated carbon or other sorbent material used to control emissions from the cleaning machine.

(2) The operator of each machine shall demonstrate that the emissions from each machine, on a 3-month rolling average, are equal to or less than the allowable limit determined by the use of the following equation:

EL = 330 (vol)0.6

where:

EL = the 3-month rolling average monthly emission limit (kilograms/month).

vol = the cleaning capacity of machine (cubic meters)

(3) The operator of each machine equipped with a solvent adsorber shall measure and record the concentration of solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube designed to measure a concentration of 100 ppm by volume of solvent to air at an accuracy of ± 25 ppm by volume. This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the adsorber.

(4) The operator of each machine equipped with a solvent adsorber shall maintain and operate the machine and adsorber system so that emissions from the adsorber exhaust do not exceed 100 ppm by volume measured while the solvent cleaning machine is in the working mode and is venting to the adsorber.

(5) The machine shall be equipped with a permanent, conspicuous label summarizing the operating requirements in paragraph (6).

(6) Airless cleaning machines and airtight cleaning machines shall be operated in accordance with the following procedures:

(i) Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container.

(ii) Parts shall be oriented so that the solvent drains freely from the parts. Cleaned parts shall be drained at least 15 seconds or until dripping ceases, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while the part is draining.

(iii) Parts or parts baskets may not be removed from the in-line vapor cleaning machine until dripping has ceased.

(iv) Sponges, fabric, wood, leather, paper products and other absorbent materials may not be cleaned in the airless cleaning machines and airtight cleaning machines.

(v) Spills during solvent transfer and use of the airless cleaning machines and airtight cleaning machines shall be cleaned up immediately.

(vi) Work area fans shall be located and positioned so that they do not blow across the airless cleaning machine and airtight cleaning machine.

(vii) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air.

(viii) When solvent is added to or drained from the airless cleaning machine and airtight cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface.

(e) Alternative provisions for solvent cleaning machines. This section applies to all solvent cleaning machines used to process metal parts that use solvents containing greater than 5% VOC by weight. As an alternative to complying with subsections (b)—(d), the operator of a solvent cleaning machine may demonstrate compliance with paragraph (1) or (2). The operator shall maintain records sufficient to demonstrate compliance. The records shall include, at a minimum, the quantity of solvent added to and removed from the solvent cleaning machine, the dates of the addition and removal and shall be maintained for at least 2 years.

(1) If the solvent cleaning machine has a solvent/air interface, the owner or operator shall:

(i) Maintain a log of solvent additions and deletions for each solvent cleaning machine.

(ii) Ensure that the emissions from each solvent cleaning machine are equal to or less than the applicable emission limit presented in Table 1:

(2) If the solvent cleaning machine is a batch vapor cleaning machine and does not have a solvent/air interface, the owner or operator shall:

(i) Maintain a log of solvent additions and deletions for each solvent cleaning machine.

(ii) Ensure that the emissions from each solvent cleaning machine are equal to or less than the appropriate limits as described in paragraphs (3) and (4).

(3) For solvent cleaning machines without a solvent/air interface with a cleaning capacity that is less than or equal to 2.95 cubic meters, the emission limit shall be determined using Table 2 or the equation in paragraph (4). If the table is used, and the cleaning capacity of the cleaning machine falls between two cleaning capacity sizes, the lower of the two emission limits applies.

(4) For cleaning machines without a solvent/air interface with a cleaning capacity that is greater than 2.95 cubic meters, the emission limit shall be determined using the following equation.

EL = 330 (vol)0.6

where:

EL = the 3-month rolling average monthly emission limit (kilograms/month)

vol = the cleaning capacity of machine (cubic meters)

(5) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with this subsection shall demonstrate compliance with the applicable 3-month rolling average monthly emission limit on a monthly basis. If the applicable 3-month rolling average emission limit is not met, an exceedance has occurred. Exceedances shall be reported to the Department within 30 days of the determination of the exceedance.

The provisions of this § 129.63 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.63 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended December 21, 2001, effective December 22, 2001, 31 Pa.B. 6921. Immediately preceding text appears at serial pages (199533) to (199536).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.63a (relating to control of VOC emmissions from industrial cleaning solvents); 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 § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.63a Control of VOC emissions from industrial cleaning solvents.

(a) Applicability. This section applies to the owner and the operator of a facility at which an industrial cleaning solvent is used or applied in a cleaning activity at a cleaning unit operation, a work production-related work area or a part, product, tool, machinery, equipment, vessel, floor or wall.

(b) Definitions. The following words and terms, when used in this section, have the following meanings unless the context clearly indicates otherwise: Cleaning activity—The use or application of an industrial cleaning solvent to remove a contaminant, such as an adhesive, ink, paint, dirt, soil, oil or grease, by wiping, flushing, brushing, soaking, dipping, spraying or a similar effort. Cleaning unit operation—

(i) An operation at a facility that is a source of VOC emissions from a cleaning activity.

(ii) The term includes the following cleaning activities:

(A) Spray gun cleaning, including the spray gun, attached paint lines and other spray gun equipment used to apply a coating.

(B) Spray booth cleaning, including the interior surfaces of the booth and the equipment contained within the booth.

(C) Manufactured components cleaning as a step in a manufacturing process, including automobile bodies, furniture, sheet metal, glass windows, engine components, subassemblies, sheet metal panels, molded parts, electrical contacts, steel and copper components, tin-plated or silver-plated terminals, plastic parts, upholstered parts, circuit breaker cases, switch covers, threads and bolts.

(D) Parts cleaning, including applicator tips, brushes, machine parts, pumps, circuit boards, truck parts, engine blocks, gauges, cutoff steel, machined parts, tool dies, motors and assemblies, screws, oil guns, welded parts, bearings and filters.

(E) Equipment cleaning of a piece of production equipment in place to prevent cross-contamination or for maintenance purposes, including punch presses, electrical contacts on equipment, pump parts, packaging equipment, rollers, ink pans, carts, press frames and table tops.

(F) Line cleaning, including a pipe, hose or other line that conveys material like paint or resin, that is cleaned separately from a spray gun, tank or other process equipment.

(G) Floor cleaning in a production area of the facility.

(H) Tank cleaning, including a tank, mixing pot or process vessel and the attached lines.

(iii) The term does not include VOC emissions from the use or application of consumer products subject to Chapter 130, Subchapter B (relating to consumer products), including an institutional product or industrial and institutional product as defined in § 130.202 (relating to definitions) for cleaning offices, bathrooms or other areas that are not part of a cleaning unit operation or work production-related work area. Industrial cleaning solvent—A product formulated with one or more regulated VOCs that is used in a cleaning activity for a cleaning unit operation. Regulated VOC—An organic compound which participates in atmospheric photochemical reactions, that is, an organic compound other than those which the Administrator of the EPA designates in 40 CFR 51.100 (relating to definitions) as having negligible photochemical reactivity.

(c) Exceptions and exemptions.

(1) This section does not apply to all of the following:

(i) An owner or operator of a cleaning unit operation subject to § 129.63 (relating to degreasing operations) or 40 CFR Part 63, Subpart T (relating to National emission standards for halogenated solvent cleaning).

(ii) An owner or operator of a cleaning unit operation associated with a following category:

(A) Aerospace manufacturing and rework operations.

(B) Architectural coatings.

(C) Automobile and light-duty truck assembly coatings.

(D) Fabric coating.

(E) Fiberglass boat manufacturing materials.

(F) Flat wood paneling coatings.

(G) Flexible packaging printing materials.

(H) Graphic arts printing and coating operations.

(I) Large appliance coatings.

(J) Letterpress printing materials.

(K) Lithographic printing materials.

(L) Magnet wire coating operations.

(M) Marine vessel coating.

(N) Metal container, closure and coil coating.

(O) Metal furniture coatings.

(P) Miscellaneous metal parts coatings.

(Q) Miscellaneous industrial adhesives.

(R) Motor vehicle and mobile equipment coating operations.

(S) Paper, film and foil coating.

(T) Plastic parts coatings.

(U) Polyester resin operations.

(V) Semiconductor wafer fabrication operations.

(W) Shipbuilding and repair coatings.

(X) Wood furniture coatings.

(Y) Wood products coating.

(Z) Electrical and electronic components.

(AA) Precision optics.

(BB) Numismatic dies.

(CC) Stripping of cured inks, coatings and adhesives.

(DD) Cleaning of resin, coating, ink or adhesive mixing, molding and application equipment.

(EE) Resin, coating, ink and adhesive manufacturing.

(FF) Performance or quality assurance testing of coatings, inks or adhesives.

(GG) Flexible and rigid disc manufacturing.

(HH) Research and development laboratories.

(II) Medical device manufacturing.

(JJ) Pharmaceutical manufacturing.

(KK) Janitorial cleaning.

(LL) Digital printing.

(2) The VOC emission limitations in subsection (e) do not apply to the use or application of an industrial cleaning solvent by the owner or operator of a cleaning unit operation at a facility subject to subsection (a) under either of the following circumstances:

(i) The use or application of the industrial cleaning solvent is subject to a standard or specification required by the United States Department of Defense, Federal Aviation Administration or other Federal government entity. An owner or operator claiming this exemption shall maintain records in accordance with subsection (h)(2).

(ii) The use or application of the industrial cleaning solvent is associated with the cleaning of screen printing equipment and the industrial cleaning solvent used or applied has an as applied VOC content that does not exceed 4.2 pounds of VOC per gallon (lb VOC/gal) (500 grams of VOC per liter (g VOC/l)) of industrial cleaning solvent. An owner or operator claiming this exemption shall maintain records in accordance with subsection (h)(3).

(3) The VOC emission limitations in subsection (e) and the work practice requirements in subsection (f) do not apply to the owner or operator of a facility subject to subsection (a) if the total combined actual VOC emissions from all subject cleaning unit operations at the facility are less than 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls. An owner or operator claiming this exemption shall maintain records in accordance with subsection (h)(4).

(d) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner or operator of a cleaning unit operation subject to this section prior to August 11, 2018, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from cleaning unit operation cleaning activities at the facility, except to the extent the RACT permit contains more stringent requirements.

(e) Emissions limitations. Beginning August 11, 2018, the owner or operator of a facility at which the total combined actual VOC emissions from all subject cleaning unit operations at the facility are equal to or greater than 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls, may not cause or permit the emission into the outdoor atmosphere of VOCs from an industrial cleaning solvent used or applied in a cleaning unit operation subject to this section at the facility, unless one of the following limitations is met:

(1) Compliant solvents. The industrial cleaning solvent meets one of the following VOC limits:

(i) A VOC content less than or equal to 0.42 lb VOC/gal (50 g VOC/l) as applied.

(ii) A VOC composite vapor pressure less than or equal to 8 mm mercury at 68°F (20°C) as applied.

(2) VOC emissions capture system and add-on air pollution control device. The weight of VOCs emitted to the atmosphere from cleaning unit operation cleaning activities is reduced through the use of vapor recovery or incineration or another method that is acceptable under § 129.51(a) (relating to general). The overall emission reduction of a control system, as determined by the test methods and procedures specified in Chapter 139 (relating to sampling and testing), may be no less than 85% or may be no less than the equivalent efficiency as calculated by the following equation, whichever is less stringent:

O = (1–E/V) x 100

Where:

O = The overall required control efficiency.

E = 0.42 lb VOC/gal or 50 g VOC/l.

V = The VOC content of the industrial cleaning solvent in lb VOC/gal or g VOC/l.

(f) Work practice requirements for industrial cleaning solvents, used shop towels and waste materials. The owner or operator of a facility subject to subsection (e) shall comply with all of the following work practices for industrial cleaning solvents and shop towels used in the cleaning unit operation cleaning activity:

(1) Store all VOC-containing industrial cleaning solvents, used shop towels and related waste materials in closed containers.

(2) Ensure that mixing and storage containers used for VOC-containing industrial cleaning solvents and related waste materials are kept closed at all times except when depositing or removing these materials.

(3) Minimize spills of VOC-containing industrial cleaning solvents and related waste materials and clean up spills immediately.

(4) Convey VOC-containing industrial cleaning solvents and related waste materials from one location to another in closed containers or pipes.

(5) Minimize VOC emissions from cleaning of storage, mixing and conveying equipment.

(6) Minimize air circulation around cleaning unit operations.

(g) Compliance demonstration. The owner or operator of a cleaning unit operation subject to this section shall demonstrate compliance as follows:

(1) The owner or operator of a facility at which the total combined actual VOC emissions from all subject cleaning unit operations at the facility are equal to or greater than 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls, shall do either of the following:

(i) Ensure that industrial cleaning solvents used or applied in the subject cleaning unit operations at the facility meet the applicable emissions limitation in subsection (e)(1) and maintain records in accordance with subsection (h)(1)(i).

(ii) Use a VOC emissions capture system and an add-on air pollution control device that meets the VOC emission reduction requirement under subsection (e)(2), equip the add-on air pollution control device with the applicable monitoring equipment and maintain records in accordance with subsection (h)(1)(ii). All of the following apply:

(A) The monitoring equipment shall be installed, calibrated, operated and maintained according to manufacturer’s specifications at all times when the add-on air pollution control device is operating.

(B) The add-on air pollution control device must be operating when the cleaning activity is occurring.

(2) The owner or operator of a cleaning unit operation subject to this section claiming exemption under:

(i) Subsection (c)(2)(i) shall maintain records in accordance with subsection (h)(2).

(ii) Subsection (c)(2)(ii) shall maintain records in accordance with subsection (h)(3).

(iii) Subsection (c)(3) shall maintain records in accordance with subsection (h)(4).

(3) The owner or operator of a cleaning unit operation subject to this section shall determine the VOC content of the industrial cleaning solvent as applied by conducting sampling and testing of the industrial cleaning solvent in accordance with the procedures and test methods specified in subsections (i) and (j) and Chapter 139.

(4) The owner or operator of a cleaning unit operation subject to paragraph (3) may use other test methods or documentation to demonstrate compliance with this section if approved in advance in writing by the Department and the EPA.

(h) Recordkeeping and reporting requirements. The owner or operator of a cleaning unit operation subject to this section shall comply with all of the following applicable recordkeeping and reporting requirements:

(1) The owner or operator of a facility at which the total combined actual VOC emissions from all subject cleaning unit operations at the facility are equal to or greater than 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls, shall maintain all of the applicable records:

(i) For an owner or operator that complies with this section by using a complying industrial cleaning solvent under subsection (e)(1), records of all of the following parameters for each cleaning unit operation industrial cleaning solvent:

(A) The name and identification number.

(B) The weight percent of total volatiles, water and exempt solvents, as supplied.

(C) The VOC content or composite vapor pressure, as supplied. The composite vapor pressure as supplied shall be determined in accordance with subsections (i) and (j).

(D) The VOC content or composite vapor pressure, as applied. The composite vapor pressure as applied shall be determined in accordance with subsections (i) and (j).

(E) The volume used or applied on a monthly basis.

(ii) For an owner or operator that complies with this section through the use of a VOC emissions capture system and an add-on air pollution control device under subsection (e)(2), records sufficient to demonstrate all of the following:

(A) Sampling and testing conducted in accordance with Chapter 139 as required under subsection (e)(2).

(B) Calibration, operation and maintenance of the monitoring equipment installed under subsection (g)(1)(ii) in accordance with manufacturer’s specifications.

(2) The owner or operator of a cleaning unit operation claiming exemption under subsection (c)(2)(i) shall maintain records of all of the following information for the exempt industrial cleaning solvent:

(i) A copy of the applicable standard or specification.

(ii) The VOC content or composite vapor pressure, as applied. The composite vapor pressure as applied shall be determined in accordance with subsections (i) and (j).

(iii) The volume used or applied monthly.

(3) The owner or operator of a screen printing equipment cleaning unit operation claiming exemption under subsection (c)(2)(ii) shall maintain records of all of the following information for the screen printing equipment industrial cleaning solvent:

(i) The name and identification number.

(ii) The VOC content or composite vapor pressure, as applied. The composite vapor pressure as applied shall be determined in accordance with subsections (i) and (j).

(iii) The volume used or applied monthly.

(4) The owner or operator of a facility claiming exemption under subsection (c)(3) shall maintain monthly records of the industrial cleaning solvents used or applied at the subject cleaning unit operations sufficient to demonstrate that the total combined actual VOC emissions from all subject cleaning unit operations at the facility are less than 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of controls.

(5) Records shall be maintained onsite for 2 years, unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit, consent decree or order issued by the Department.

(6) Records shall be submitted to the Department in an acceptable format upon receipt of a written request from the Department.

(i) Composite vapor pressure. The composite vapor pressure of organic compounds in cleaning unit operation industrial cleaning solvents shall be determined by one or more of the following procedures:

(1) Quantifying the amount of each compound in the blend using gas chromatographic analysis, using one or more of the following methods:

(i) An appropriate and current ASTM test method with prior written approval from the Department and the EPA.

(ii) Another test method demonstrated to provide results that are acceptable for purposes of determining compliance with this section if prior approval is obtained in writing from the Department and the EPA.

(2) Calculating the composite vapor pressure using the following equation:

Where:

Ppc = VOC composite partial pressure at 20°C, in mm mercury.

Wi = Weight of the ‘‘i’’th VOC compound, in grams, as determined by ASTM E260.

Ww = Weight of water, in grams, as determined by ASTM D3792.

We = Weight of the ‘‘e’’th exempt compound, in grams, as determined by ASTM E260.

Mwi = Molecular weight of the ‘‘i’’th VOC compound, in grams per g-mole, as given in chemical reference literature.

Mww = Molecular weight of water, 18 grams per g-mole.

Mwe = Molecular weight of the ‘‘e’’th exempt compound, in grams per g-mole, as given in chemical reference literature.

VPi = Vapor pressure of the ‘‘i’’th VOC compound at 20°C, in mm mercury, as determined by subsection (j).

(3) Providing documentation from the manufacturer of the industrial cleaning solvent that indicates the composite vapor pressure. The documentation may include an MSDS, CPDS or other data certified by the manufacturer.

(j) Vapor pressure of single component compound. The vapor pressure of each single component compound in a cleaning unit operation industrial cleaning solvent shall be determined from one or more of the following:

(1) An appropriate and current ASTM test method with prior written approval from the Department and the EPA.

(2) The most recent edition of one or more of the following sources:

(i) Vapour Pressures of Pure Substances, Boublik, Elsevier Scientific Publishing Company.

(ii) Perry’s Chemical Engineers’ Handbook, Green and Perry, McGraw-Hill Book Company.

(iii) CRC Handbook of Chemistry and Physics, CRC Press.

(iv) Lange’s Handbook of Chemistry, McGraw-Hill Book Company.

(3) Documentation provided by the manufacturer of the single component compound that indicates the vapor pressure of the single component compound. The documentation may include an MSDS, CPDS or other data certified by the manufacturer.

(k) ASTM method references. References to ASTM methods in this section pertain to test methods developed by ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, Pennsylvania 19428-2959, www.astm.org.

The provisions of this § 129.63a issued under sections 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.63a adopted August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814.

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.63b Control of VOC emissions from large petroleum dry cleaning facilities.

(a) Applicability. This section applies Statewide to the owner and operator of a petroleum solvent washer, dryer, solvent filter, settling tank, vacuum still and other containers and conveyors of petroleum solvent that are used in petroleum dry cleaning facilities that consume 123,000 liters (32,493 gallons) or more of petroleum solvent annually.

(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Cartridge filter—A perforated canister containing filtration paper or activated carbon, or both, that is used in a pressurized system to remove solid particles and fugitive dyes from soil-laden solvent. Consume—The amount of petroleum solvent purchased less the amount of petroleum solvent sent for disposal or returned for recycling during a calendar year. Containers and conveyors of solvent—Piping, ductwork, pumps, storage tanks and other ancillary equipment that are associated with the installation and operation of petroleum dry cleaning washers, dryers, filters, stills and settling tanks. Dry cleaning—A process for the cleaning of textiles and fabric products in which articles are washed in a nonaqueous solution (solvent) and then dried by exposure to a heated air stream. Perceptible leak—A petroleum solvent vapor or liquid leak that is conspicuous from visual observation. The term includes the following:

(i) A pool or droplet of petroleum solvent liquid.

(ii) A bucket or barrel of petroleum solvent or petroleum solvent-laden waste standing open to the atmosphere. Petroleum solvent—A group of organic materials produced by petroleum distillation comprising a hydrocarbon range of 8 to 12 carbon atoms per organic molecule that exists as a liquid under standard conditions. Petroleum solvent recovery dryer—A class of dry-cleaning dryers that employs a condenser to liquify and recover petroleum solvent vapors evaporated in a closed-loop, recirculating stream of heated air.

(c) Emission limitations.

(1) The owner and operator of a petroleum dry cleaning dryer shall do one of the following:

(i) Limit VOC emissions to the atmosphere to an average of 3.5 kilograms (kg) of VOC per 100 kg dry weight of articles dry cleaned.

(ii) Install and operate a petroleum solvent recovery dryer in a manner that the dryer remains closed and the recovery phase continues until a final recovered solvent flow rate of 50 milliliters per minute is attained.

(2) The owner or operator of a petroleum solvent filtration system shall do one of the following:

(i) Reduce the VOC content in filtration wastes to 1.0 kg or less per 100 kg dry weight of articles dry cleaned, before disposal and exposure to the atmosphere.

(ii) Install and operate a cartridge filtration system and drain the filter cartridges in their sealed housings for 8 hours or more before their removal.

(3) The owner or operator of a petroleum dry cleaning dryer or petroleum solvent filtration system shall repair a petroleum solvent vapor or liquid leak within 3 working days after identifying the source of the leak.

(i) If the necessary repair part is not on hand to perform the repair, the owner or operator shall order the part within 3 working days following identification of the source of the leak.

(ii) The owner or operator shall repair the identified leak no later than 3 working days following the arrival of the necessary repair part ordered under subparagraph (i).

(d) Compliance monitoring and testing requirements. The owner or operator of a petroleum dry cleaning operation subject to this section shall demonstrate compliance as follows.

(1) To determine compliance with subsection (c)(1)(i), the owner or operator shall do the following:

(i) Calculate the weight of VOC vented from the dryer emission control device using EPA Reference Test Methods 1, 2 and 25A, with the following specifications:

(A) Field calibration of the flame ionization analyzer with propane standards.

(B) Laboratory determination of the ratio of the flame ionization analyzer response to a given parts per million by volume concentration of propane to the response to the same parts per million concentration of the VOC to be measured.

(C) Determination of the weight of VOC emissions vented to the atmosphere by performing the following:

(I) Multiplying the ratio determined in clause (B) by the measured concentration of VOC gas (as propane) as indicated by the flame ionization analyzer response output record.

(II) Converting the parts per million by volume value calculated in subclause (I) into a mass concentration value for the VOCs present.

(III) Multiplying the mass concentration value calculated in subclause (II) by the exhaust flow rate determined by using EPA Reference Test Methods 1 and 2.

(ii) Calculate the dry weight of articles dry cleaned.

(iii) Repeat subparagraphs (i) and (ii) for normal operating conditions that encompass at least 30 dryer loads which meet the following:

(A) Total not less than 1,800 kg dry weight.

(B) Represent a normal range of variations in fabrics, solvents, load weights, temperatures, flow rates and process deviations.

(2) To determine compliance with subsection (c)(1)(ii), the owner or operator shall verify that the flow rate of recovered solvent from the solvent recovery dryer at the termination of the recovery phase is no greater than 50 milliliters per minute by performing the following steps:

(i) Conducting a one-time procedure for a duration of no less than 2 weeks that:

(A) Monitors at least 50% of the dryer loads for their final recovered solvent flow rate.

(B) Measures the flow rate of recovered solvent from the solvent-water separator.

(I) Near the end of the recovery cycle, the flow of recovered solvent should be diverted to a graduated cylinder.

(II) Continue the cycle until the flow rate of the solvent is 50 milliliters per minute.

(ii) Recording the type of articles cleaned and the total length of the cycle measured in subparagraph (i).

(3) To determine compliance with subsection (c)(2)(i) and (ii), the owner or operator shall do the following:

(i) Calculate the weight of VOCs contained in each of five 1-kg samples of filtration waste material taken at intervals of 1 week, using ASTM Method D322-97 (Standard Test Method for Gasoline Diluent in Used Gasoline Engine Oils by Distillation).

(ii) Calculate the total dry weight of articles dry cleaned during the intervals between removal of filtration waste samples, as well as the total mass of filtration waste produced in the same period.

(iii) Calculate the weight of VOCs contained in filtration waste material per 100 kg dry weight of articles dry cleaned.

(4) To determine compliance with subsection (c)(3), the owner or operator shall perform weekly inspections of washers, dryers, solvent filters, settling tanks, vacuum stills and all containers and conveyors of petroleum solvent to identify a perceptible petroleum solvent vapor or liquid leak.

(e) Recordkeeping and reporting requirements. The owner or operator of a petroleum dry cleaning facility subject to this section shall maintain records sufficient to demonstrate compliance with this section, including:

(1) Records of the weight of VOC emissions vented from the dryer emission control device, calculated according to subsection (d)(1).

(2) Records of the dry weight of articles dry cleaned for use in the calculations in subsection (d)(1)—(3).

(3) Records of the weight of VOCs contained in the filtration waste samples required in subsection (d)(1)(i).

(4) Records of the weight of VOCs contained in the filtration waste material for each 220 lb (100 kg) dry weight of articles dry cleaned.

(f) Exemption. The owner or operator of a petroleum dry cleaning facility subject to subsection (a) claiming exemption from the requirements of subsections (c)—(e) shall maintain records of annual solvent consumption onsite for 5 years to demonstrate that the applicability threshold of subsection (a) has not been exceeded.

The provisions of this § 129.63b added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.63b added January 20, 2023, effective January 21, 2023, 53 Pa.B. 465.

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.64 Cutback asphalt paving.

(a) After April 30, 1982, no person may permit the use or application of cutback asphalt for paving operations except when any of the following applies:

(1) Long-life stockpile is necessary.

(2) The use or application between October 31 and April 30, is necessary.

(3) The cutback asphalt is used solely as a tack coat, a penetrating prime coat, a dust palliative or precoating of aggregate.

(4) Skin patching is necessary during October. Skin patching shall be less than 500 feet continuous length, 1300 linear feet per mile or 1750 square yards per lane mile.

(b) After April 30, 1982, emulsion asphalts may not contain more than the maximum percentage of solvent as shown in Table 2.

The provisions of this § 129.64 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.64 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; corrected September 9, 1983, effective August 13, 1983. Immediately preceding text appears at serial pages (62519) to (62520).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.65 Ethylene production plants.

No person may permit the emission into the outdoor atmosphere of a waste gas stream from an ethylene production plant or facility unless the gas stream is properly burned at no less than 1,300°F for at least .3 seconds; except that no person may permit the emission of volatile organic compounds in gaseous form into the outdoor atmosphere from a vapor blowdown system unless these gases are burned by smokeless flares.

The provisions of this § 129.65 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534.

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.66 Compliance schedules and final compliance dates.

The owner or operator of a source newly subject to the requirements of § § 129.52—129.52c, § § 129.59—129.61 or § § 129.67—129.69 as a result of revised applicability requirements of this title relating to the control of VOC shall achieve compliance with the applicable emission limitations within 1 year of the date of publication of the notice of final adoption of this requirement in the Pennsylvania Bulletin. Newly subject sources or facilities are those which were not subject to the emission limitations because they emitted less than the cutoff levels or operated at de minimis production levels prior to the date of publication of the limitation in the Pennsylvania Bulletin, but are now subject to the standard because they meet or exceed the cutoff levels contained in § 129.52(a), § 129.52a(a), § 129.52b(a), § 129.52c(a) or § 129.69. The date of adoption of the applicable emission standard for these previously unregulated sources will be determined to be the date that the applicable cutoff levels contained in § 129.52, § 129.52a, § 129.52b, § 129.52c or § 129.69 are published in the Pennsylvania Bulletin.

The provisions of this § 129.66 issued under section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.66 adopted April 27, 1979, effective August 1, 1979, 9 Pa.B. 1447; corrected May 11, 1979, effective August 1, 1979, 9 Pa.B. 1534; amended September 26, 1980, effective September 27, 1980, 10 Pa.B. 3788; amended June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended January 8, 1982, effective January 9, 1982, 12 Pa.B. 130; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; 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 December 17, 2010, effective December 18, 2010, 40 Pa.B. 7224. Immediately preceding text appears at serial pages (248201) to (248202).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.67 Graphic arts systems.

(a) This section applies as follows:

(1) This section applies to the owner and operator of a facility whose rotogravure and flexographic printing presses by themselves or in combination with a surface coating operation subject to § 129.52, § 129.52a, § 129.52b, § 129.52c or § 129.52d or in combination with a flexible packaging printing press subject to § 129.67a (relating to control of VOC emissions from flexible packaging printing presses) have the potential to emit or have emitted VOCs into the outdoor atmosphere in quantities greater than 1,000 pounds (460 kilograms) per day or 100 tons (90,900 kilograms) per year during any calendar year since January 1, 1987.

(2) This section applies to the owner and operator of a flexographic or rotogravure printing press that prints flexible packaging materials subject to § 129.67a(a)(1)(ii) if the owner or operator was required to install a control device under this section prior to June 28, 2014.

(3) This section does not apply to the owner or operator of a flexible packaging printing press subject to § 129.67a(a)(1)(i).

(b) A person may not permit the emission into the outdoor atmosphere of VOCs from a rotogravure or flexographic printing press subject to this section unless one of the following limitations is met:

(1) The volatile fraction of the ink, as applied to the substrate, contains 25% or less by volume of VOC and 75% or more by volume of water.

(2) The ink, as applied to the substrate, less water, contains 60% by volume or more of solid material.

(3) The owner or operator installs and operates a carbon adsorption system, an incineration system or an alternative VOC emission reduction system which recovers or destroys at least 90% of the VOCs entering the system. The overall level of emission recovery or destruction may not be less than that necessary to comply with subsection (c).

(c) A capture system shall be used in conjunction with the emission control systems in subsection (b)(3). The design and operation of the capture and control system shall be consistent with good engineering practice and shall be designed to provide for a contemporaneous, overall reduction in VOC emission from each ink/press of at least the following:

(1) Seventy-five percent where a publication rotogravure process is employed.

(2) Sixty-five percent where another rotogravure process is employed.

(3) Sixty percent where a flexographic printing process is employed.

(d) Presses used only to check the quality of the image formation of newly etched or engraved printing cylinders are exempted from this section if the aggregate emissions from the presses do not exceed 400 pounds in a 30-day running period.

(e) To determine applicability under this section, emissions of VOCs used in clean-up operations shall be summed with emissions from surface coating and printing.

The provisions of this § 129.67 issued under the Air Pollution Control Act (35 P.S. § § 4001—4015); amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.67 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; 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 September 4, 1998, effective September 5, 1998, 28 Pa.B. 4525; amended June 27, 2014, effective June 28, 2014, 44 Pa.B. 3929; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6758. Immediately preceding text appears at serial pages (380434) to (380435).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.52 (relating to surface coating processes); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.67a (relating to control of VOC emissions from flexible packaging printing presses); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.67a Control of VOC emissions from flexible packaging printing presses.

(a) Applicability.

(1) Except as specified in paragraph (3) or (4), this section applies to the owner and operator of a flexible packaging printing press if one or more of the following apply:

(i) Potential VOC emissions. An individual flexible packaging printing press has potential emissions from the dryer, before consideration of add-on controls, of at least 25 tpy of VOCs from inks, coatings and adhesives combined. This section supersedes § 129.67 (relating to graphic arts systems).

(ii) Actual VOC emissions at or above threshold. The total actual VOC emissions from all inks, coatings and adhesives combined from all flexible packaging printing presses and all VOC emissions from related cleaning activities at the facility are equal to or greater than 450 pounds (204.1 kilograms) per month or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of add-on controls.

(iii) Actual VOC emissions below threshold. The total actual VOC emissions from all inks, coatings and adhesives combined from all flexible packaging printing presses and all VOC emissions from related cleaning activities at the facility are less than 450 pounds (204.1 kilograms) per month or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of add-on controls.

(2) The owner or operator of a flexographic or rotogravure printing press subject to paragraph (1)(ii) and § 129.67, who was required to install a control device under § 129.67 prior to June 28, 2014, shall continue the operation of that control device and also meet the requirements of this section.

(3) VOCs from adhesives used at a facility that are not used or applied on or with a flexible packaging printing press are not subject to this section and may be regulated under § 129.52b, § 129.77 or Chapter 130, Subchapter D (relating to control of VOC emissions from paper, film and foil surface coating processes; control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents).

(4) Surface coating of flexible packaging substrates that is not done with a flexible packaging printing press is regulated under § 129.52b.

(b) Existing RACT permit. This section supersedes the requirements of a RACT permit issued to the owner or operator of a source subject to this section prior to January 1, 2015, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a flexible packaging printing press, except to the extent the RACT permit contains more stringent requirements.

(c) Emission limits. Beginning January 1, 2015, a person subject to subsection (a)(1)(i) may not cause or permit the emission into the outdoor atmosphere of VOCs from a flexible packaging printing press unless one or more of the following limitations is met:

(1) Individual ink, coating or adhesive. The VOC content of each as applied ink, coating or adhesive used on a single flexible packaging printing press meets the following requirements:

(i) The VOC content is equal to or less than one or both of the following limits:

(A) 0.16 lb VOC per lb material as applied.

(B) 0.8 lb VOC per lb material solids as applied.

(ii) The VOC content is calculated as follows for VOC content expressed in units of weight of VOC per weight of material solids:

Where:

VOCB = VOC content in lb VOC/lb of solids as applied or kg VOC/kg of solids as applied

Wo = Weight percent of VOC (Wv-Ww-Wex)

Wv = Weight percent of total volatiles (100%-weight percent solids)

Ww = Weight percent of water

Wex = Weight percent of exempt solvents

Wn = Weight percent of solids of the as applied ink, coating or adhesive

(iii) Sampling of the ink, coating or adhesive and testing for the VOC content of the ink, coating or adhesive is performed in accordance with subsection (f).

(2) Weighted average. The daily weighted-average VOC content of all inks, coatings and adhesives combined used on a single flexible packaging printing press meets one or both of the VOC content limits in paragraph (1)(i). The use of averaging to meet the VOC content limits may not be used across multiple printing presses. Averaging is available on a single flexible packaging printing press if the following requirements are met:

(i) The daily weighted average is calculated using the following equation:

Where:

VOCw=The daily weighted average VOC content, as applied, of all inks, coatings and adhesives combined used on a single flexible packaging printing press, in lb VOC/gal of coating solids

n=The number of different inks, coatings and adhesives used each day on the single flexible packaging printing press

Vi=The volume of solids for each ink, coating and adhesive, as applied, used each day on the single flexible packaging printing press, in gallons

Ci=The VOC content of each ink, coating and adhesive, as applied, used each day on the single flexible packaging printing press, in lb VOC/gal coating solids

Vt=The total volume of solids for all inks, coatings and adhesives combined, as applied, used each day on the single flexible packaging printing press, in gallons

(ii) Sampling of the inks, coatings and adhesives and testing for the VOC content of the inks, coatings and adhesives is performed in accordance with subsection (f).

(3) Add-on air pollution control device. The overall weight of VOCs emitted to the atmosphere from all inks, coatings and adhesives combined used on a single flexible packaging printing press is reduced through the use of vapor recovery or oxidation or another method that is acceptable under § 129.51(a) (relating to general). The overall control efficiency of a control system, as determined by the test methods and procedures specified in subsection (f), may not be less than that listed in Table 1.

1 First installation date is the first date of operation for a source or a control device. This date does not change if the source or control device is moved to a new location or if the control device is later used to control a new source.

• March 14, 1995, is the date of the proposed 1996 NESHAP for the printing and publishing industry.

** January 1, 2015, is the compliance date of the flexible packaging printing press regulation.

(4) Restriction on potential VOC emissions. The Department has issued a plan approval, operating permit or Title V permit to the owner or operator prior to January 1, 2015, establishing a Federally-enforceable limitation to limit the potential emissions of VOC from the flexible packaging printing press below 25 tpy before consideration of add-on controls.

(d) Compliance and monitoring requirements for an add-on air pollution control device. The owner or operator of a flexible packaging printing press subject to subsection (a)(1)(i) using an add-on air pollution control device in accordance with subsection (c)(3) shall comply with the following requirements:

(1) The add-on air pollution control device shall be equipped with the applicable monitoring equipment and the monitoring equipment shall be installed, calibrated, operated and maintained according to manufacturer’s specifications at all times the add-on air pollution control device is in use. If the add-on air pollution control device is a:

(i) Noncatalytic thermal oxidizer, the minimum combustion or operating temperature must be continuously monitored. The temperature reading shall be recorded in accordance with subsection (e)(1) at least once every 15 minutes while the noncatalytic thermal oxidizer is operating.

(ii) Catalytic thermal oxidizer:

(A) The inlet gas temperature must be continuously monitored. The temperature reading shall be recorded in accordance with subsection (e)(1) at least once every 15 minutes while the catalytic thermal oxidizer is operating.

(B) A catalyst activity test shall be performed a minimum of one time per rolling 2-year period.

(iii) Control device other than that specified in subparagraph (i) or (ii), parameters specific to the control device must be continuously monitored. The parameters shall be recorded in accordance with subsection (e)(1) at least once every 15 minutes while the control device is operating.

(2) The add-on air pollution control device specified in paragraph (1) shall be operated at a 3-hour average temperature not lower than 50°F below the average temperature demonstrated during the most recent compliant source test approved by the Department.

(3) The add-on air pollution control device specified in paragraph (1) shall be in operation at all times that the source is operating.

(4) The add-on air pollution control device shall be approved, in writing, by the Department in a plan approval, operating permit or Title V permit prior to use.

(e) Recordkeeping and reporting requirements. Beginning January 1, 2015, the owner or operator of a flexible packaging printing press subject to this section shall maintain records sufficient to demonstrate compliance with the requirements of this section. Records maintained for compliance demonstrations may include purchase, use, production and other records.

(1) An owner or operator subject to subsection (a)(1)(i) using an add-on air pollution control device shall maintain records sufficient to demonstrate compliance with subsection (d), including records of the following information:

(i) Temperature reading of the add-on air pollution control device.

(ii) Maintenance performed on the add-on air pollution control device and monitoring equipment, including the date and type of maintenance.

(iii) Catalyst activity test performed, if applicable.

(2) An owner or operator subject to subsection (a)(1)(i) not using an add-on air pollution control device shall maintain records of the as applied VOC content of inks, coatings and adhesives sufficient to demonstrate compliance with the limitations under subsection (c)(1) or (2).

(3) An owner or operator claiming exemption from a VOC control provision of this section based on potential or actual VOC emissions, as applicable, shall maintain records that demonstrate to the Department that the press or facility is exempt.

(4) The owner or operator may group materials into classes using the highest VOC content in any material in a class to represent that class of material.

(5) The records required under paragraphs (1)—(4) shall be maintained 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 submitted to the Department in an acceptable format upon receipt of a written request.

(6) The owner or operator of a flexible packaging printing press subject to subsection (a)(1)(i) that is required to demonstrate overall control efficiency in accordance with subsections (c)(3) and (d) shall submit reports to the Department in accordance with Chapter 139 (relating to sampling and testing).

(f) Sampling and testing.

(1) Sampling and testing shall be performed as follows:

(i) Sampling of an ink or coating and testing for the VOC content of the ink or coating shall be performed in accordance with the procedures and test methods specified in Chapter 139.

(ii) Sampling and testing of an add-on air pollution control device shall be performed in accordance with the procedures and test methods specified in Chapter 139 and meet one of the following:

(A) Sampling and testing shall be performed no later than 180 days after the compliance date of the press.

(B) Sampling and testing shall have been performed within 5 years prior to January 1, 2015, and previously approved by the Department. Capture efficiency retesting may be waived for capture systems that are not permanent total enclosures if the operating parameters indicate that a fundamental change has not taken place in the operation or design of the equipment, unless retesting is required under Subpart C, Article III (relating to air resources) or a plan approval, operating permit or an order issued by the Department. For purposes of this clause, fundamental changes include adding printing stations to a press, increasing or decreasing the volumetric flow rate from the dryer or changing the static duct pressure.

(2) The overall control efficiency of the add-on air pollution control device shall be determined by the following test methods and procedures subject to prior written approval by the Department.

(i) The capture efficiency shall be determined in accordance with either of the following methods:

(A) 40 CFR Part 51, Appendix M, Methods 204—204F, including updates and revisions.

(B) 40 CFR Part 63, Subpart KK, Appendix A (relating to data quality objective and lower confidence limit approaches for alternative capture efficiency protocols and test methods).

(ii) The control efficiency shall be determined using one or more of the following methods, as applicable. The method used to measure the inlet concentration of VOC may be the same method used to determine the outlet concentration of VOC unless use of the same method is determined to be technically infeasible.

(A) EPA Reference Method 25, Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, codified in 40 CFR Part 60, Appendix A, including updates and revisions. EPA Reference Method 25 may be used if the total gaseous nonmethane organic compound concentration is equal to or greater than 50 parts per million by volume, measured as carbon.

(B) EPA Reference Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer, codified in 40 CFR Part 60, Appendix A, including updates and revisions. EPA Reference Method 25A may not be used if the total gaseous nonmethane organic compound concentration at the outlet of the add-on air pollution control device is equal to or greater than 50 parts per million by volume, measured as carbon.

(C) EPA Reference Method 18, Measurement of Gaseous Organic Compound Emissions by Gas Chromatography, codified in 40 CFR Part 60, Appendix A, including updates and revisions. EPA Reference Method 18 may be used if the total gaseous nonmethane organic compound concentration is equal to or greater than 50 parts per million by volume, measured as carbon. EPA Reference Method 18 may be used in conjunction with EPA Reference Method 25A to subtract emissions of exempt VOCs.

(3) Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with this section may be used if prior approval is obtained in writing from the Department and the EPA.

(g) Work practice requirements for cleaning activities.

(1) Except as specified in paragraph (3), beginning January 1, 2015, the owner or operator of a flexible packaging printing press subject to subsection (a)(1)(i), (1)(ii) or (2) shall comply with the following work practices for cleaning activities at the facility:

(i) Store all VOC-containing cleaning solutions, waste cleaning solutions and used shop towels in closed containers.

(ii) Ensure that mixing vessels and storage containers used for VOC-containing cleaning solutions, waste cleaning solutions and used shop towels are kept closed at all times, except when depositing or removing these solutions or shop towels.

(iii) Minimize spills of VOC-containing cleaning solutions and waste cleaning solutions and clean up spills immediately.

(iv) Convey VOC-containing cleaning solutions, waste cleaning solutions and used shop towels from one location to another in closed containers or pipes.

(2) The requirements in paragraph (1) apply to the following activities:

(i) Cleaning of ink, coating or adhesive from a press.

(ii) Cleaning of ink, coating or adhesive from press parts, including press parts that have been removed from the press for cleaning.

(iii) Cleaning of ink, coating or adhesive from areas around a press.

(3) The requirements in paragraph (1) do not apply to the following activities:

(i) Cleaning electronic components of a press.

(ii) Cleaning in pre-press (for example, platemaking) operations.

(iii) Cleaning in post-press (for example, binding) operations.

(iv) Using janitorial supplies (for example, detergents or floor cleaners) for general cleaning around a press.

(v) The use of parts washers or cold cleaners at a flexible packaging printing facility. The use of parts washers and cold cleaners is regulated under § 129.63 (relating to degreasing operations).

The provisions of this § 129.67a issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.67a adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3929.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.67 (relating to graphic arts systems); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.67b Control of VOC emissions from offset lithographic printing presses and letterpress printing presses.

(a) Applicability.

(1) Except as specified in paragraph (3), this section applies to the owner and operator of an offset lithographic printing press or a letterpress printing press, or both, if the press meets one or a combination of the following:

(i) Add-on air pollution control device. A single heatset web offset lithographic printing press or heatset web letterpress printing press that has potential emissions from the dryer, before consideration of add-on controls, of at least 25 tpy of VOCs from all heatset inks (including varnishes), coatings and adhesives combined.

(ii) Letterpress printing. One or more letterpress printing presses if the total actual VOC emissions from all inks (including varnishes), coatings and adhesives combined from all letterpress printing presses and all VOC emissions from related cleaning activities at the facility are equal to or greater than 450 pounds (204.1 kilograms) per month or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of add-on controls.

(iii) Offset lithographic printing. One or more offset lithographic printing presses if the total actual VOC emissions from all inks (including varnishes), coatings, adhesives and fountain solutions combined from all offset lithographic printing presses and all VOC emissions from related cleaning activities at the facility are equal to or greater than 450 pounds (204.1 kilograms) per month or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of add-on controls.

(iv) Offset lithographic printing and letterpress printing. One or more offset lithographic printing presses and one or more letterpress printing presses if the total actual VOC emissions from all inks (including varnishes), coatings, adhesives and fountain solutions combined and all VOC emissions from related cleaning activities at the facility are equal to or greater than 450 pounds (204.1 kilograms) per month or 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of add-on controls.

(v) Emissions below 450 pounds per month and 2.7 tons per 12-month rolling period. The total actual VOC emissions from all inks (including varnishes), coatings, adhesives and fountain solutions combined from all offset lithographic printing presses, all letterpress printing presses and all VOC emissions from related cleaning activities at the facility are less than 450 pounds (204.1 kilograms) per month and 2.7 tons (2,455 kilograms) per 12-month rolling period, before consideration of add-on controls.

(2) The owner or operator of an offset lithographic printing press subject to paragraph (1) may use the VOC emission retention factors and capture efficiency factors specified in subsection (l) to determine the amount of potential or actual VOC emissions that is available for capture and control from the inks (including varnishes), fountain solutions and cleaning solutions used on the offset lithographic printing press.

(3) VOCs from adhesives used at a facility that are not used or applied on or with an offset lithographic printing press or a letterpress printing press are not subject to this section and may be regulated under § 129.77 or Chapter 130, Subchapter D (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents).

(b) Existing RACT permit. This section supersedes the requirements of a RACT permit issued to the owner or operator of a source subject to subsection (a) prior to January 1, 2015, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from an offset lithographic printing press or a letterpress printing press, or both, except to the extent the RACT permit contains more stringent requirements.

(c) Emission limits for cleaning solutions and fountain solutions used in or on printing presses subject to this section.

(1) Cleaning solutions. Beginning January 1, 2015, a person subject to subsection (a)(1)(i), (ii), (iii) or (iv) may not cause or permit the emission into the outdoor atmosphere of VOCs from cleaning solutions used in or on an offset lithographic printing press or a letterpress printing press unless the following conditions are met:

(i) The cleaning solutions used must meet one or both of the following VOC limits:

(A) A VOC composite partial vapor pressure less than 10 millimeters of mercury at 68°F (20°C).

(B) A VOC content less than 70% by weight.

(ii) The use of one or more cleaning solutions with a higher VOC composite partial vapor pressure or higher VOC content, or both, than is listed in subparagraph (i) is limited to 110 gallons per year, combined, of all cleaning solutions that exceed the limits in subparagraph (i).

(2) Fountain solutions. Except as specified in paragraph (3), beginning January 1, 2015, a person subject to subsection (a)(1)(i), (iii) or (iv) may not cause or permit the emission into the outdoor atmosphere of VOCs from a fountain solution used in an offset lithographic printing press unless the fountain solution meets one or more of the following VOC limits.

(i) For each heatset web offset lithographic printing press, the press-ready (as applied) fountain solution must meet one of the following limits:

(A) A VOC content of 1.6% or less by weight.

(B) A VOC content of 3% or less by weight if the fountain solution is refrigerated below 60°F (15.5°C).

(C) A VOC content of 5% or less by weight and no alcohol in the fountain solution.

(D) Another method that achieves a level of control of VOC emissions from the press-ready (as applied) fountain solution equal to or better than the methods listed in clauses (A)—(C).

(ii) For each sheet-fed offset lithographic printing press, the press-ready (as applied) fountain solution must meet one of the following limits:

(A) A VOC content of 5% or less by weight.

(B) A VOC content of 8.5% or less by weight if the fountain solution is refrigerated below 60°F (15.5°C).

(C) A VOC content of 5% or less by weight and no alcohol in the fountain solution.

(D) Another method that achieves a level of control of VOC emissions from the press-ready (as applied) fountain solution equal to or better than the methods listed in clauses (A)—(C).

(iii) For each non-heatset web offset lithographic printing press, the press-ready (as applied) fountain solution shall contain a VOC content of 5% or less by weight and no alcohol in the fountain solution.

(3) Fountain solution exceptions. The control requirements under paragraph (2) for a fountain solution do not apply to the owner or operator of either of the following:

(i) A sheet-fed offset lithographic printing press with maximum sheet size 11 x 17 inches or smaller.

(ii) An offset lithographic printing press with total fountain solution reservoir of less than 1 gallon.

(d) Emission limits for heatset web offset lithographic printing presses and heatset web letterpress printing presses.

(1) Except as specified in paragraph (2) or (3), beginning January 1, 2015, a person subject to subsection (a)(1)(i) may not cause or permit the emission into the outdoor atmosphere of VOCs from a heatset web offset lithographic printing press or a heatset web letterpress printing press, or both, unless the overall weight of VOCs emitted to the atmosphere from the heatset dryer is reduced through the use of vapor recovery or oxidation or another method that is authorized under § 129.51(a) (relating to general). The heatset dryer pressure must be maintained lower than the press room area pressure so that air flows into the heatset dryer at all times when the press is operating.

(i) The VOC control efficiency of an add-on air pollution control device for a heatset dryer, determined in accordance with subsection (h), must meet either of the following:

(A) At least 90% for an add-on air pollution control device whose first installation date was prior to January 1, 2015.

(B) At least 95% for an add-on air pollution control device whose first installation date is on or after January 1, 2015.

(ii) The first installation date is the first date of operation for a source or a control device. This date will not change if the source or control device is moved to a new location or if the control device is later used to control a new source.

(iii) The owner or operator of the printing press may request the Department’s approval for an alternative limitation if the following requirements are met:

(A) The request is submitted to the Department in writing.

(B) The request demonstrates one of the following:

(I) The inlet VOC concentration to the control device is so low that compliance with the 90% or 95% overall efficiency in subparagraph (i) is not achievable.

(II) The press is using a combination dryer and oxidizer or other control equipment configuration that does not have an inlet that meets the requirement for testing specified in subsection (h).

(C) The request demonstrates the minimum outlet VOC concentration that the unit can achieve, not to exceed 20 ppm as hexane (40 ppm as propane) on a dry basis.

(iv) The alternative limitation requested under subparagraph (iii) must be approved by the Department in a plan approval, operating permit or Title V permit.

(2) This subsection does not apply for one or a combination of the following circumstances:

(i) The press is used for book printing.

(ii) The press has a maximum web width of 22 inches or less.

(iii) The press is operated with one or a combination of the following inks, coatings or varnishes:

(A) Waterborne coatings.

(B) Ultra-violet light or electron beam radiation cured materials.

(C) Sheet-fed or non-heatset web inks.

(D) Sheet-fed or non-heatset web varnishes.

(3) This subsection does not apply to the owner or operator of the press if the Department has issued a plan approval, operating permit or Title V permit to the owner or operator prior to January 1, 2015, establishing a Federally-enforceable limitation to limit the potential emissions of VOC from the offset lithographic printing press or the letterpress printing press below 25 tpy, before consideration of add-on controls.

(e) Compliance and monitoring requirements.

(1) Add-on air pollution control device. The owner or operator of a heatset web offset lithographic printing press or heatset web letterpress printing press subject to this section using an add-on air pollution control device in accordance with subsection (d) shall comply with the following requirements:

(i) The add-on air pollution control device shall be equipped with the applicable monitoring equipment and the monitoring equipment shall be installed, calibrated, operated and maintained according to manufacturer’s specifications at all times the add-on air pollution control device is in use. If the add-on air pollution control device is a:

(A) Noncatalytic thermal oxidizer, the minimum combustion or operating temperature must be continuously monitored. The temperature reading shall be recorded in accordance with subsection (f)(1) at least once every 15 minutes while the noncatalytic thermal oxidizer is operating.

(B) Catalytic thermal oxidizer:

(I) The inlet gas temperature must be continuously monitored. The temperature reading shall be recorded in accordance with subsection (f)(1) at least once every 15 minutes while the thermal catalytic oxidizer is operating.

(II) A catalyst activity test shall be performed a minimum of one time per rolling 2-year period.

(C) Control device other than that specified in clause (A) or (B), parameters specific to the control device must be continuously monitored. The parameters shall be recorded in accordance with subsection (f)(1) at least once every 15 minutes while the control device is operating.

(ii) The add-on air pollution control device specified in subparagraph (i) must be operated at a 3-hour average temperature not lower than 50°F below the average temperature demonstrated during the most recent compliant source test approved by the Department.

(iii) The add-on air pollution control device specified in subparagraph (i) must be in operation at all times that the source is operating.

(iv) The negative dryer pressure shall be established during the initial test using an air flow direction indicator, such as a smoke stick or aluminum ribbons, or a differential pressure gauge. Capture efficiency testing and continuous dryer air flow monitoring are not required.

(v) The add-on air pollution control device shall be approved, in writing, by the Department in a plan approval, operating permit or Title V permit prior to use.

(2) Fountain solution. The owner or operator of an offset lithographic printing press subject to this section that is required to meet one of the fountain solution VOC limits of subsection (c)(2) shall demonstrate compliance by using one or more of the following methods:

(i) Analysis of a sample of the press-ready (as applied) fountain solution for VOC content using EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, codified in 40 CFR Part 60, Appendix A, including updates and revisions.

(ii) Maintenance onsite of MSDS, CPDS or other data provided by the manufacturer of the fountain solution that indicates the VOC content of the press-ready (as applied) fountain solution.

(iii) Calculation of the VOC content of the press-ready (as applied) fountain solution that combines the EPA Reference Method 24 analytical VOC content data for each of the concentrated components or additives used to prepare the press-ready fountain solution.

(A) The VOC content data for each of the concentrated components or additives shall be combined in the proportions in which the concentrated components or additives are mixed to make the batch of press-ready (as applied) fountain solution.

(B) The VOC content shall be calculated one time for each recipe of press-ready (as applied) fountain solution. The recipe name, VOC content for each concentrated component or additive and fountain solution mix ratio shall be recorded in a logbook.

(C) The EPA Reference Method 24 analysis of the concentrated components or additives used to prepare the press-ready (as applied) fountain solution may be performed by the supplier of the components or additives and these results provided to the owner or operator of the affected press.

(iv) Measurement of the recirculating reservoir temperature of a refrigerated press-ready (as applied) fountain solution specified in subsection (c)(2)(i)(B) or (ii)(B) with a thermometer or other temperature detection device capable of reading to 0.5°F (0.28°C) to ensure that the temperature of the refrigerated fountain solution containing alcohol is maintained below 60°F (15.5°C) at all times. The temperature on the thermometer or other temperature detection device shall be continuously monitored. The temperature reading shall be recorded at least once per operating day to verify that the refrigeration system is operating properly.

(v) Monitoring of the press-ready (as applied) fountain solution for alcohol concentration or VOC content with one or more of the following instruments:

(A) A refractometer or a hydrometer to monitor the fountain solution alcohol concentration. The instrument must:

(I) Be corrected for temperature one time per 8-hour shift.

(II) Have a visual, analog or digital readout with an accuracy of 0.5%.

(III) Be calibrated with a standard solution for the type of alcohol used in the fountain solution.

(B) A conductivity meter to determine the fountain solution VOC content. Reading for the fountain solution must be referenced to the conductivity of the incoming water.

(vi) Another method to determine compliance with the VOC content limits for fountain solutions in subsection (c)(2) if the following requirements are met:

(A) The facility owner or operator submits a request, in writing, to the appropriate regional office of the Department for approval of the alternative method.

(B) The request demonstrates that the alternative method provides results that accurately determine the fountain solution VOC content.

(C) The Department provides prior written approval of the alternative method.

(3) Cleaning solution. The owner or operator of an offset lithographic printing press or a letterpress printing press subject to this section shall demonstrate compliance with the VOC content limit or VOC composite partial vapor pressure limit for cleaning solutions in subsection (c)(1) by one or more of the following methods:

(i) Analysis of a sample of press-ready (as applied) cleaning solution for VOC content using EPA Reference Method 24.

(ii) Use of the equation in subsection (j) to calculate the composite partial vapor pressure of the press-ready (as applied) cleaning solution.

(iii) Use of the methods in subsection (k) to determine the VOC composite partial vapor pressure of a single concentrated component or additive used to prepare the press-ready (as applied) cleaning solution.

(iv) Maintenance onsite of MSDS, CPDS or other data provided by the manufacturer of the press-ready (as applied) cleaning solution that indicates the VOC content or the VOC composite partial vapor pressure, or both, of the press-ready (as applied) cleaning solution.

(v) Calculation of the VOC content or the VOC composite partial vapor pressure, or both, of the press-ready (as applied) cleaning solution that combines the EPA Reference Method 24 analytical VOC content data or analytical VOC composite partial vapor pressure data for each of the concentrated components or additives used to prepare the press-ready (as applied) cleaning solution.

(A) The VOC content data or VOC composite partial vapor pressure data for each of the concentrated components or additives shall be combined in the proportions in which the concentrated components or additives are mixed to make the batch of press-ready (as applied) cleaning solution.

(B) The VOC content or VOC composite partial vapor pressure shall be calculated one time for each recipe of press-ready (as applied) cleaning solution. The recipe name, VOC content or VOC composite partial vapor pressure for each concentrated component or additive and cleaning solution mix ratio shall be recorded in a log book.

(C) The EPA Reference Method 24 analysis of the concentrated components or additives used to prepare the press-ready (as applied) cleaning solution may be performed or the VOC composite partial vapor pressure data may be determined by the supplier of the components or additives and these results provided to the owner or operator of the affected press.

(vi) Another method to determine compliance with the VOC content limits for cleaning solutions in subsection (c)(1) if the following requirements are met:

(A) The facility owner or operator submits a request, in writing, to the appropriate regional office of the Department for approval of the alternative method.

(B) The request demonstrates that the alternative method provides results that accurately determine the cleaning solution VOC content or VOC composite partial vapor pressure.

(C) The Department provides prior written approval of the alternative method.

(f) Recordkeeping requirements. Beginning January 1, 2015, the owner or operator of a printing press subject to this section shall maintain records sufficient to demonstrate compliance with this section. Records maintained for compliance demonstrations may include purchase, use, production and other records.

(1) An owner or operator using an add-on air pollution control device shall maintain records sufficient to demonstrate compliance with subsection (e), including the following:

(i) Temperature reading of the add-on air pollution control device.

(ii) Maintenance performed on the add-on air pollution control device and monitoring equipment, including the date and type of maintenance.

(iii) Catalyst activity test performed, if applicable.

(2) An owner or operator subject to subsection (a)(1)(i), (ii), (iii) or (iv) shall maintain records of cleaning solutions and fountain solutions used at the facility, including:

(i) The following parameters for each press ready blanket, roller or other cleaning solution:

(A) The name and identification number for the blanket, roller or other cleaning solution.

(B) The VOC content (weight %) or VOC composite partial vapor pressure of each cleaning solution as applied.

(C) The volume used of each cleaning solution as applied, if the owner or operator is using cleaning solutions which exceed the limits in subsection (c)(1)(i).

(D) Records of cleaning solution monitoring as required under subsection (e)(3).

(ii) The following parameters for each press-ready (as applied) fountain solution:

(A) The VOC content (weight %).

(B) Records of fountain solution monitoring as required under subsection (e)(2).

(3) An owner or operator claiming exemption from a VOC control provision of this section based on potential or actual VOC emissions, as applicable, shall maintain records that demonstrate to the Department that the press or facility is exempt.

(4) The owner or operator may group materials into classes using the highest VOC content in any material in a class to represent that class of material.

(g) Reporting requirements. Beginning January 1, 2015, the owner or operator of an offset lithographic printing press or a letterpress printing press subject to this section shall meet the following reporting requirements:

(1) The records required under subsection (f) 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 submitted to the Department in an acceptable format upon receipt of a written request.

(2) The owner or operator of an offset lithographic printing press or letterpress printing press required to demonstrate VOC control efficiency in accordance with subsection (d) shall submit reports to the Department in accordance with Chapter 139 (relating to sampling and testing).

(h) Sampling and testing.

(1) Sampling and testing shall be performed as follows:

(i) Sampling of an ink, varnish, coating, fountain solution or cleaning solution and testing for the VOC content of the ink, varnish, coating, fountain solution or cleaning solution shall be performed in accordance with the procedures and test methods specified in Chapter 139.

(ii) Sampling and testing of an add-on air pollution control device shall be performed in accordance with the procedures and test methods specified in Chapter 139 and meet one of the following:

(A) Sampling and testing shall be performed no later than 180 days after the compliance date of the press.

(B) Sampling and testing shall have been performed within 5 years prior to January 1, 2015, and previously approved by the Department.

(2) The control efficiency shall be determined using one or more of the following methods, as applicable, subject to prior written approval by the Department. The method used to measure the inlet concentration of VOC may be the same method used to determine the outlet concentration of VOC unless use of the same method is determined to be technically infeasible.

(i) EPA Reference Method 25, Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, codified in 40 CFR Part 60, Appendix A, including updates and revisions. EPA Reference Method 25 may be used if the total gaseous nonmethane organic compound concentration is equal to or greater than 50 parts per million by volume, measured as carbon.

(ii) EPA Reference Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer, codified in 40 CFR Part 60, Appendix A, including updates and revisions. EPA Reference Method 25A may not be used if the total gaseous nonmethane organic compound concentration at the outlet of the add-on air pollution control device is equal to or greater than 50 parts per million by volume, measured as carbon.

(iii) EPA Reference Method 18, Measurement of Gaseous Organic Compound Emissions by Gas Chromatography, codified in 40 CFR Part 60, Appendix A, including updates and revisions. EPA Reference Method 18 may be used if the total gaseous nonmethane organic compound concentration is equal to or greater than 50 parts per million by volume, measured as carbon. EPA Reference Method 18 may be used in conjunction with EPA Reference Method 25A to subtract emissions of exempt VOCs.

(3) Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with this section may be used if prior approval is obtained in writing from the Department and the EPA.

(i) Work practice requirements for cleaning activities.

(1) Except as specified in paragraph (3), beginning January 1, 2015, the owner or operator of an offset lithographic printing press or a letterpress printing press subject to subsection (a)(1)(i), (ii), (iii) or (iv) shall comply with the following work practices for cleaning activities at the facility:

(i) Store all VOC-containing cleaning solutions, waste cleaning solutions and used shop towels in closed containers.

(ii) Ensure that mixing vessels and storage containers used for VOC-containing cleaning solutions, waste cleaning solutions and used shop towels are kept closed at all times, except when depositing or removing these solutions or shop towels.

(iii) Minimize spills of VOC-containing cleaning solutions and waste cleaning solutions and clean up spills immediately.

(iv) Convey VOC-containing cleaning solutions, waste cleaning solutions and used shop towels from one location to another in closed containers or pipes.

(2) The requirements in paragraph (1) apply to the following activities:

(i) Cleaning of a press, including blanket washing, roller washing, plate cleaners, metering roller cleaners, impression cylinder cleaners and rubber rejuvenators.

(ii) Cleaning of press parts, including press parts that have been removed from the press for cleaning.

(iii) Cleaning of ink, coating or adhesive from areas around a press.

(3) The requirements in paragraph (1) do not apply to the following activities:

(i) Cleaning electronic components of a press.

(ii) Cleaning in pre-press (for example, platemaking) operations.

(iii) Cleaning in post-press (for example, binding) operations.

(iv) Using janitorial supplies (for example, detergents or floor cleaners) for general cleaning around a press.

(v) The use of parts washers or cold cleaners at an offset lithographic printing or a letterpress printing facility. The use of parts washers and cold cleaners is regulated under § 129.63 (relating to degreasing operations).

(j) Composite partial vapor pressure. The composite partial vapor pressure of organic compounds in cleaning solutions shall be determined by one of the following procedures:

(1) Quantifying the amount of each compound in the blend using gas chromatographic analysis, using an appropriate and current ASTM test method with prior written approval by the Department.

(2) Calculating the composite partial vapor pressure using the following equation:

n

(Wi)(VPi)/MWi

i=1

PPc =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.68 Manufacture of synthesized pharmaceutical products.

(a) This section applies to synthesized pharmaceutical manufacturing facilities.

(b) The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section shall control the VOC emissions from reactors, distillation operations, crystallizers, centrifuges and vacuum dryers that emit 15 pounds per day or more of VOC. Surface condensers or equivalent controls shall be used if:

(1) Surface condensers are used, the condenser outlet gas temperature may not exceed:

(i) -25°C when condensing VOC of vapor pressure greater than 5.8 psi (40 kilopascals) when measured at 68°F.

(ii) -15°C when condensing VOC of vapor pressure greater than 2.9 psi (20 kilopascals) when measured at 68°F.

(iii) 0°C when condensing VOC of vapor pressure greater than 1.5 psi (10 kilopascals) when measured at 68°F.

(iv) 10°C when condensing VOC of vapor pressure greater than 1 psi (7 kilopascals) when measured at 68°F.

(v) 25°C when condensing VOC of vapor pressure greater than .5 psi (3.5 kilopascals) when measured at 68°F.

(2) Equivalent controls are used, the VOC emissions shall be reduced by an equivalent or greater amount than would be required in paragraph (1).

(c) The owner or operator of a synthetic pharmaceutical manufacturing facility subject to this section shall reduce the VOC emissions from air dryers and production equipment exhaust systems:

(1) By at least 90% if emissions are 220 pounds per day (100 kilograms per day) or more of VOC.

(2) To 33 pounds per day or less if emissions are less than 220 pounds per day of VOC.

(d) The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section shall enclose centrifuges, rotary vacuum filters and other filters having an exposed liquid surface, where the liquid contains VOC and exerts a total VOC vapor pressure of .5 psi (3.5 kilopascals) or more at 20°C.

(e) The owner or operator of a synthesized pharmaceutical facility subject to this section shall install covers on in-process tanks containing a VOC at any time. These covers shall remain closed, unless production, sampling, maintenance or inspection procedures require operator access.

(f) The owner or operator of a synthesized pharmaceutical manufacturing facility subject to this section shall repair leaks from which a liquid, containing VOC, can be observed running or dripping. The repair shall be completed the first time the equipment is off-line for a period of time long enough to complete the repair.

The provisions of this § 129.68 issued under the Air Pollution Control Act (35 P.S. § § 4001—4015).

The provisions of this § 129.68 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended August 2, 1991, effective August 3, 1991, 21 Pa.B. 3406. Immediately preceding text appears at serial pages (151694) to (151695).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.69 Manufacture of pneumatic rubber tires.

(a) This section applies to pneumatic rubber tire manufacturing facilities. For purposes of this section, pneumatic rubber tire manufacturing means the production of pneumatic rubber passenger-type tires on a mass production basis. Passenger-type tires are agricultural, airplane, industrial, mobile home, light- or medium-duty truck or passenger vehicle tires with bead diameters up to 20 inches (50.8 centimeters) and cross-sectional dimensions up to 12.8 inches (32.5 centimeters). With prior written approval from the Department, the production of speciality tires for antique or other vehicles when produced on an irregular basis or with short production runs and when produced on equipment separate from normal production lines for passenger-type tires are exempt from the requirements of this section.

(b) The owner or operator of an undertread cementing, tread-end cementing or bead dipping operation subject to this section shall comply with the following:

(1) Install and operate a capture system designed to achieve maximum reasonable capture, of at least 85% by weight of VOC emitted, from undertread cementing, tread-end cementing and bead dipping operations. Maximum reasonable capture shall be consistent with the following documents:

(i) Industrial Ventilation, A Manual of Recommended Practices, 14th Edition, American Federation of Industrial Hygienists.

(ii) Recommended Industrial Ventilation Guidelines, United States Department of Human Services National Institute of Occupational Safety and Health.

(2) Install and operate a control device that meets the requirements of one of the following:

(i) A carbon adsorption system designed and operated in a manner so that there is at least a 95% removal of VOC by weight from the gases ducted to the control device.

(ii) An incineration system that oxidizes at least 90% of the nonmethane VOCs which enter the incinerator to carbon dioxide and water.

(c) The owner or operator of a green-tire spraying operation subject to this section shall implement one of the following means of reducing VOC emissions:

(1) Substitute water-based sprays for the normal solvent-based mold release compound.

(2) Install a capture system designed and operated in a manner that will capture and transfer at least 90% of the VOC emitted by the green-tire spraying operation to a control device that meets the requirements in subsection (b)(2).

(d) Notwithstanding the provisions of this section, the Department may allow a pneumatic rubber tire manufacturing facility to implement permanent and enforceable measures, including recordkeeping and reporting requirements, which are approved by the Department and the EPA as reasonably available control technology.

The provisions of this § 129.69 issued under the Air Pollution Control Act (35 P.S. § § 4001—4015).

The provisions of this § 129.69 adopted June 19, 1981, effective June 20, 1981, 11 Pa.B. 2118; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial pages (159218) to (159219).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.54 (relating to seasonal operation of auxiliary incineration equipment); 25 Pa. Code § 129.66 (relating to compliance schedules and final compliance dates); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.71 Synthetic organic chemical and polymer manufacturing—fugitive sources.

(a) This section applies to surface active agent manufacturing facilities subject to § 129.72 (relating to manufacture of surface active agents) and to a facility with design capability to manufacture 1,000 tons per year or more of one or a combination of the following:

(1) Synthetic organic chemicals listed in 40 CFR 60.489 (relating to list of chemicals provided by affected facilities).

(2) Methyl tert-butyl ether.

(3) Polyethylene.

(4) Polypropylene.

(5) Polystyrene.

(b) Exempt from this section are systems operated entirely under a vacuum, or process fluids that contain less than 10% by weight of VOCs and systems in service handling compounds with vapor pressures less than 0.044 psia at 68° F.

(c) The owner or operator of a newly affected facility shall complete the following by May 24, 1993.

(1) Install a second valve, blind flange, plug, cap or other equivalent sealing system on open ended lines, except for safety pressure relief valves.

(2) Develop and initiate a leak detection program including liquid leaks for pumps, valves, compressors, vessels and safety pressure relief valves and a repair program for these components that cause a hydrocarbon detection instrument reading equal to or greater than 10,000 ppm. The leak detection and repair program shall include the following:

(i) A leak check during every calendar quarter of the components, by methods referenced in § 139.14 (relating to emissions of VOCs).

(ii) Attachment of an identification tag to the leaking component causing an instrument reading equal to or greater than 10,000 ppm. The identification tag shall be waterproof, readily visible, bear an identification number, the date on which the leak was detected and indicate if the component cannot be repaired until a process shutdown that will not occur within 15 days from the date of detection.

(iii) Repair and retest of a leaking component within 15 days or as soon as possible if a shutdown is required to make the repair.

(iv) A weekly visual check of pumps in light liquid service for indications of leaks.

(v) Check, by methods referenced in § 139.14, a safety relief valve within 24 hours after it has vented to the atmosphere to assure that the safety relief valve has resealed.

(vi) The initiation and maintenance of a log of leaking components. The log shall contain, at a minimum, the total number of components checked, the total number of components found leaking, the location of the leaking component, the type of component—for example, valve, seal and the like—the tag identification number, the date on which the component was discovered to be leaking, date of repair, leak detection instrument reading after repairs, the components that cannot be repaired until a process shutdown that will not occur within 15 days from the date of detection and a record of the calibration of the leak detection monitoring instrument. The monitoring log shall be retained by the owner for 2 years after the date on which an entry was made. The log shall be made available to the Department upon oral or written request.

(d) The owner or operator of a facility subject to this section may submit to the Department an alternative plan for the control of leaks from components. If the Department finds that the alternative plan will achieve an emission reduction which is equivalent to or greater than the reduction which can be achieved under this section and that the alternative plan is as enforceable as this section, the Department may approve the alternative plan.

(e) The owner or operator of a facility subject to this section may submit to the Department a list of components the inspection of which would involve a significant element of danger. The Department may exempt the components on the list from the requirements of this section if the owner or operator can demonstrate to the satisfaction of the Department that a significant element of danger exists which cannot be reasonably eliminated, and that these exemptions will not result in a significant reduction of the VOC emission control effectiveness.

The provisions of this § 129.71 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.71 adopted May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; corrected May 20, 1988, effective May 7, 1988, 18 Pa.B. 2298; corrected July 1, 1988, effective May 7, 1988, 18 Pa.B. 2903; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial pages (159220) and (162531) to (162532).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.71a Control of VOC emissions from the synthetic organic chemical manufacturing industry—air oxidation, distillation and reactor processes.

(a) Applicability.

(1) Except as specified in paragraph (3), this section applies to the owner and operator of a synthetic organic chemical manufacturing facility that has a vent stream originating from a process unit in which an air oxidation unit process, distillation operation or reactor process produces one or more of the chemicals listed in Table 1 as a product, coproduct, byproduct or intermediate.

(2) For purposes of this section, reference to total organic compounds or TOC in 40 CFR Part 60, Subpart III (relating to standards of performance for volatile organic compound (VOC) emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) air oxidation unit processes), 40 CFR Part 60, Subpart NNN (relating to standards of performance for volatile organic compound (VOC) emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) distillation operations) or 40 CFR Part 60, Subpart RRR (relating to standards of performance for volatile organic compound (VOC) emissions from Synthetic Organic Chemical Manufacturing Industry (SOCMI) reactor processes) shall be considered equivalent to VOC as defined in § 121.1 (relating to definitions).

(3) The owner and operator of a synthetic organic chemical manufacturing facility located in this Commonwealth that has a vent stream originating from a process unit in which an air oxidation unit process, distillation operation or reactor process produces one or more of the chemicals listed in Table 1 as a product, coproduct, byproduct or intermediate shall meet the requirements of this section unless more stringent requirements in an applicable permit or plan approval issued by the Department apply.

(b) Standards.

(1) Process vents. For a process vent that is subject to equivalent VOC control provisions under an existing 40 CFR Part 60 (relating to standards of performance for new stationary sources) or 40 CFR Part 63 (relating to National emission standards for hazardous air pollutants for source categories) standard, compliance with the requirements of the existing 40 CFR Part 60 or 63 standard shall constitute compliance with the provisions of this section.

(2) Air oxidation unit processes.

(i) The owner or operator of a source with an air oxidation unit process meeting the applicability criteria in subsection (a) shall comply with the requirements of 40 CFR Part 60, Subpart III unless the source has RACT control measures approved in a permit as part of the Commonwealth’s Federally approved SIP prior to January 21, 2023.

(ii) The exemption listed in 40 CFR 60.610(c) (relating to applicability and designation of affected facility) applies to an owner or operator subject to this section.

(iii) Notwithstanding 40 CFR 60.610, for purposes of this section:

(A) An affected source is one that meets the criteria in 40 CFR 60.610(a) regardless of the specific date of construction, modification or reconstruction of the source for a regulated chemical described in subsection (a)(1) and Table 1.

(B) The owner or operator of an affected source shall comply with this section no later than January 21, 2025.

(iv) Notwithstanding 40 CFR 60.615(a) (relating to reporting and recordkeeping requirements), each owner or operator subject to this section shall notify the Department no later than April 21, 2023, of the method by which the owner or operator of the affected source will comply with the applicable provisions of 40 CFR 60.612 (relating to standards).

(v) For purposes of this section, 40 CFR 60.616 and 40 CFR 60.618 (relating to reconstruction; and delegation of authority) are not applicable.

(vi) Notwithstanding 40 CFR 60.610(d)(4), 60.614(g) (relating to test methods and procedures), 60.615(c), 60.615(g) (but not 60.615(g)(1) or 60.615(g)(4)), and 60.615(j), a reference to the Administrator shall mean the Department.

(vii) Notwithstanding 40 CFR 60.614(c), the Department reserves the option to require testing at other times as may be required.

(3) Distillation operations.

(i) The owner or operator of a source with a distillation operation subject to subsection (a) shall comply with the requirements of 40 CFR Part 60, Subpart NNN.

(ii) The following exemptions apply:

(A) The exemptions listed in 40 CFR 60.660(c) (relating to applicability and designation of affected facility).

(B) The owner or operator of a distillation operation with a vent stream that has a total VOC concentration of less than 500 ppmv is subject only to the test method and procedure and the recordkeeping and reporting requirements specified in 40 CFR 60.660(c)(6) and not to the test method and procedure and the recordkeeping and reporting requirements of this section.

(iii) Notwithstanding 40 CFR 60.660, for purposes of this section:

(A) An affected source is one that meets the criteria in 40 CFR 60.660(a), regardless of the specific date of construction, modification or reconstruction of the source.

(B) A regulated chemical is one described in subsection (a)(1) and Table 1, rather than in 40 CFR 60.667 (relating to chemicals affected by subpart NNN).

(C) The owner or operator of an affected source shall comply with this section no later than January 21, 2025.

(iv) Notwithstanding 40 CFR 60.665(a) (relating to reporting and recordkeeping requirements), each owner or operator subject to this section shall notify the Department no later than April 23, 2023, of the method by which the owner or operator of the affected source will comply with the applicable provisions of 40 CFR 60.662 (relating to standards).

(v) For purposes of this section, 40 CFR 60.666 and 40 CFR 60.668 (relating to reconstruction; and delegation of authority) are not applicable.

(vi) Notwithstanding 40 CFR 60.660(d)(4), 60.664(g)(1) (relating to test methods and procedures), 60.665(c), 60.665(g) (but not 60.665(g)(1)(ii)), 60.665(l), 60.665(n) and 60.665(o), a reference to the Administrator shall mean the Department.

(vii) Notwithstanding 40 CFR 60.664(c), the Department reserves the option to require testing at other times as may be required.

(4) Reactor processes.

(i) The owner or operator of a source with a reactor process subject to subsection (a) shall comply with the requirements of 40 CFR Part 60, Subpart RRR.

(ii) The following exemptions apply:

(A) Exemptions listed in 40 CFR 60.700(c) (relating to applicability and designation of affected facility), except that the cutoff for the vent stream flow rate shall be 0.0085 scm/min, not 0.011 scm/min as specified in 40 CFR 60.700(c)(4).

(B) The owner or operator of a reactor operation with a vent stream that has a total VOC concentration of less than 500 ppmv is subject only to the test method and procedure and the recordkeeping and reporting requirements specified in 40 CFR 60.700(c)(8), and not to the test method and procedure and recordkeeping and reporting requirements of this section.

(iii) Notwithstanding 40 CFR 60.700, for purposes of this section:

(A) An affected source is one that meets the criteria in 40 CFR 60.700(a), regardless of the specific date of construction, modification or reconstruction of the source.

(B) A regulated chemical is one described in subsection (a)(1) and Table 1 rather than in 40 CFR 60.707 (relating to chemicals affected by subpart RRR).

(C) The owner or operator of an affected source shall comply with this section no later than January 21, 2025.

(iv) Notwithstanding 40 CFR 60.705(a) (relating to reporting and recordkeeping requirements), each owner or operator subject to this section shall notify the Department no later than April 21, 2023, of the method by which the owner or operator of the affected source will comply with the applicable provisions of 40 CFR 60.702 (relating to standards).

(v) For purposes of this section, 40 CFR 60.706 and 40 CFR 60.708 (relating to reconstruction and delegation of authority) are not applicable.

(vi) Notwithstanding 40 CFR 60.700(d)(4), 60.704(f)(1) (relating to test methods and procedures), 60.705(c), 60.705(f) (but not 60.705(f)(1)), 60.705(l), 60.705(n), 60.705(o), 60.705(p) and 60.705(r), a reference to the Administrator shall mean the Department.

(vii) Notwithstanding 40 CFR 60.704(b)(5)(iii), the Department reserves the option to require testing at other times as may be required.

a CAS Number = Chemical Abstract Service number.

b Isomer means all structural arrangements for the same number of atoms of each element and does not mean salts, esters or derivatives.

The provisions of this § 129.71a added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.71a added January 20, 2023, effective January 21, 2023, 53 Pa.B. 465.

This section cited in 25 Pa. Code § 121.1 (relating to definitions).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.72 Manufacture of surface active agents.

(a) This section applies to a facility which has surface active agent manufacturing sources with a potential to emit greater than 100 tons of VOCs per year.

(b) A person may not cause or permit the emission into the outdoor atmosphere of VOCs from solvent wash tanks, reaction vessels, separaters, distillation processes, solvent strippers and solvent storage tanks unless the emissions are exhausted through an emission reduction system which is designed and operated to recover or destroy at least 90% by weight of the VOC emissions exhausted to the emission reduction system.

The provisions of this § 129.72 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.72 adopted May 6, 1988, effective May 7, 1988, 18 Pa.B. 2098; amended May 22, 1992, effective May 23, 1992, 22 Pa. B. 2720. Immediately preceding text appears at serial page (162532).

This section cited in 25 Pa. Code § 129.51 (relating to general); 25 Pa. Code § 129.71 (relating to synthetic organic chemical and polymer manufacturing—fugitive sources); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.73 Aerospace manufacturing and rework.

Except as provided in paragraph (1), this section applies to the manufacture or rework of commercial, civil or military aerospace vehicles or components at any facility which has the potential to emit 25 tons per year of VOCs or more.

(1) This section does not apply to cleaning and coating of aerospace components and vehicles as follows:

(i) At any source conducting research and development for the research and development activities.

(ii) For quality control and laboratory testing.

(iii) For production of electronic parts and assemblies (except for cleaning and coating of completed assemblies).

(iv) For rework operations performed on antique aerospace vehicles or components.

(2) Paragraph (3) does not apply to cleaning and coating of aerospace components and vehicles in the following circumstances:

(i) The use of touchup, aerosol and Department of Defense ‘‘classified’’ coatings.

(ii) The coating of space vehicles.

(iii) At facilities that use separate formulations in volumes less than 50 gallons per year to a maximum exemption of 200 gallons per year of all the coatings in aggregate for these formulations.

(3) Beginning April 10, 1999, a person may not apply to aerospace vehicles or components, aerospace specialty coatings, primers, topcoats and chemical milling maskants including VOC-containing materials added to the original coating supplied by the manufacturer, that contain VOCs in excess of the limits specified in Table II.

(i) Aerospace coatings that meet the definitions of the specific coatings in Table II shall meet those allowable coating VOC limits.

(ii) All other aerospace primers, aerospace topcoats and chemical milling maskants are subject to the general coating VOC limits for aerospace primers, aerospace topcoats and aerospace chemical milling maskants.

(4) The mass of VOC per combined volume of VOC and coating solids, less water and exempt compounds shall be calculated for each coating by the following equation:

Where:

VOC = VOC content in grams per liter (g/l) of each coating less water and exempt solvents,

Wv = Weight of total volatiles, % (100%-Weight % Nonvolatiles),

Ww = Weight of water, %,

Wex = Weight of exempt solvent, %

Dc = Density of coating, g/l at 25°C,

Dw = Density of water, 0.997 x 103 g/l at 25°C, and

Dex = Density of exempt solvent, g/l, at 25°C.

To convert from grams per liter (g/l) to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 x 103 (lb/gal/g/l).

(5) Except as provided in paragraph (6), beginning April 10, 1999, a person shall use one or more of the following application techniques in applying primer or topcoat to aerospace vehicles or components:

(i) Flow/curtain coat.

(ii) Dip coat.

(iii) Roll coating.

(iv) Brush coating.

(v) Cotton-tipped swab application.

(vi) Electrodeposition (DIP) coating.

(vii) High volume low pressure (HVLP) spraying.

(viii) Electrostatic spray.

(6) The following situations are exempt from application equipment requirements listed in paragraph (5):

(i) Any situation that normally requires the use of an airbrush or an extension on the spray gun to properly apply coatings to limited access spaces.

(ii) The application of specialty coatings.

(iii) The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns and that the applicant has demonstrated and the Department has determined cannot be applied by any of the application methods specified in paragraph (5).

(iv) The application of coatings that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 in.) when the applicant has demonstrated and the Department has determined cannot be applied by any of the application methods specified in paragraph (5).

(v) The use of airbrush application methods for stenciling, lettering and other identification markings.

(vi) The use of hand-held spray can application methods.

(vii) Touch-up and repair operations.

(7) Except as provided in paragraph (8), beginning April 10, 1999, a person may not use solvents for hand-wipe cleaning of aerospace vehicles or components unless the cleaning solvents do one of the following:

(i) Meet the definition of ‘‘aqueous cleaning solvent’’ in § 121.1 (relating to definitions).

(ii) Have a VOC composite vapor pressure less than or equal to 45 millimeters (mmHg) at 20°C.

(iii) Is composed of a mixture of VOCs and has a maximum vapor pressure of 7 millimeters (mmHg) at 20°C (3.75 inches water at 68°F) and contains no hazardous air pollutants (HAP) or ozone depleting compounds.

(8) The following aerospace vehicle and component solvent cleaning operations are exempt from paragraph (7):

(i) Cleaning during the manufacture, assembly, installation, maintenance or testing of components of breathing oxygen systems that are exposed to the breathing oxygen.

(ii) Cleaning during the manufacture, assembly, installation, maintenance or testing of parts, subassemblies or assemblies that are exposed to strong oxidizers or reducers (for example, nitrogen tetroxide, liquid oxygen, hydrazine).

(iii) Cleaning and surface activation prior to adhesive bonding.

(iv) Cleaning of electronics parts and assemblies containing electronics parts.

(v) Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid, including air-to-air heat exchangers and hydraulic fluid systems.

(vi) Cleaning of fuel cells, fuel tanks and confined spaces.

(vii) Surface cleaning of solar cells, coated optics and thermal control surfaces.

(viii) Cleaning during fabrication, assembly, installation and maintenance of upholstery, curtains, carpet and other textile materials used in or on the interior of the aircraft.

(ix) Cleaning of metallic and nonmetallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture of aerospace vehicles or components.

(x) Cleaning of aircraft transparencies, polycarbonate or glass substrates.

(xi) Cleaning and solvent usage associated with research and development, quality control or laboratory testing.

(xii) Cleaning operations, using nonflammable liquids, conducted within 5 feet of any alternating current (AC) or direct current (DC) electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells and tail sections.

(xiii) Cleaning operations identified in an essential use waiver under section 604(d)(1) of the Clean Air Act (42 U.S.C.A. § 7671c(d)(1)) or a fire suppression or explosion prevention waiver under section 604(g)(1) of the Clean Air Act which has been reviewed and approved by the EPA and the voting parties of the International Montreal Protocol Committee.

(9) Cleaning solvents, except for semiaqueous cleaning solvents, used in the flush cleaning of aerospace vehicles, components, parts, and assemblies and coating unit components, shall be emptied into an enclosed container or collection system that is kept closed when not in use or captured with wipers whichcomply with the housekeeping requirements of paragraph (11). Aqueous cleaning solvents are exempt from these requirements.

(10) Spray guns used to apply aerospace coatings shall be cleaned by one of the following:

(i) An enclosed spray gun cleaning system that is kept closed when not in use. Leaks, including visible leakage, misting and clouding, shall be repaired within 14 days from when the leak is first discovered. Each owner or operator using an enclosed spray gun cleaner shall visually inspect the seals and all other potential sources of leaks at least once per month. The results of each inspection shall be recorded, and the record shall indicate the date of the inspection, the person who conducted the inspection and whether components were leaking. Records of the inspections shall be maintained for at least 2 years. Each inspection shall occur while the spray gun cleaner is in operation. If the leak is not repaired by the 15th day after detection, the solvent shall be removed and the enclosed cleaner shall be shut down until the leak is repaired or its use is permanently discontinued.

(ii) Unatomized discharge of solvent into a waste container that is kept closed when not in use.

(iii) Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use.

(iv) Atomized spray into a waste container that is fitted with a device designed to capture atomized solvent emissions.

(11) The owner or operator of an affected facility shall implement the following housekeeping measures for cleaning solvents:

(i) Fresh and used cleaning solvents, except aqueous and semiaqueous cleaning solvents, used in solvent cleaning operations shall be stored in nonabsorbent, nonleaking containers. The containers shall be kept closed at all times except when filling or emptying.

(ii) Cloth and paper, or other absorbent applicators, moistened with cleaning solvents, except aqueous cleaning solvents, shall be stored in closed, nonabsorbent, nonleaking containers. Cotton-tipped swabs used for very small cleaning operations are exempt.

(iii) Handling and transfer procedures shall minimize spills during filling and transferring the cleaning solvent, except aqueous cleaning solvents, to or from enclosed systems, vats, waste containers and other cleaning operation equipment that holds or stores fresh or used cleaning solvents.

(12) The owner or operator of an affected facility may comply with this section by using approved air pollution control equipment provided that the following exist:

(i) The control system has combined VOC emissions capture and control equipment efficiency of at least 81% by weight.

(ii) The owner or operator received approval from the Department of a monitoring plan that specifies the applicable operating parameter value, or range of values, to ensure ongoing compliance with this section. The monitoring device shall be installed, calibrated, operated and maintained in accordance with the manufacturer’s specifications, good air pollution control practices that minimize VOC emissions, and the Department’s approval.

(iii) The owner or operator shall record monitoring parameters as specified in the approved monitoring plan.

(13) The owner or operator of an affected facility shall maintain records in accordance with § § 129.51 and 129.52 (relating to general; and surface coating processes) including:

(i) A current list of coatings in use categorized in accordance with Table II showing VOC content as applied and usage on an annual basis.

(ii) A current list of cleaning solvents used and annual usage for hand wiping solvents including the water content of aqueous and semiaqueous solvents and the vapor pressure and composite vapor pressure of all vapor pressure compliant solvents and solvent blends.

(iii) A current list and annual usage information for exempt hand-wipe cleaning solvents with a vapor pressure greater than 45 millimeters of mercury (mmHg) used in exempt hand-wipe cleaning operations.

The provisions of this § 129.73 issued under section 5(a)(1), (8) and (13) of the Air Pollution Control Act (35 P.S. § 4005(a)(1), (8) and (13).

The provisions of this § 129.73 adopted April 9, 1999, effective April 10, 1999, 29 Pa.B. 1879; amended August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814. Immediately preceding text appears at serial pages (380460) to (380467).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.51 (relating to general); and 25 Pa. Code § 129.96 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.74 Control of VOC emissions from fiberglass boat manufacturing materials.

(a) Applicability.

(1) This section applies to the owner and operator of a facility that manufactures a hull or a deck of a boat or a related part from fiberglass, builds a mold or plug to make a fiberglass boat hull or deck or related part, or makes polyester resin putties for assembling fiberglass boat parts, when the total actual VOC emissions from fiberglass boat manufacturing operations identified in Table I are equal to or greater than 15 pounds (6.8 kilograms) per day or 2.7 tons per 12-month rolling period, before consideration of controls. The total actual VOC emissions include the actual VOC emissions from the manufacture of hulls or decks from fiberglass, fiberglass boat parts (including small parts such as hatches, seats and lockers), molds or plugs for fiberglass hulls, decks or boat parts, resin and gel coat mixing operations, resin and gel coat application equipment and related cleaning activities at the facility.

(2) This section does not apply to the owner and operator of a facility that manufactures boat trailers or parts of boats, such as hatches, seats and lockers, but does not manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks.

(b) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise: Application equipment cleaning—The process of flushing or removing resin or gel coat material, or both, from the interior or exterior of equipment that is used to apply resins or gel coats in the manufacture of fiberglass parts. Assembly adhesives—A chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means. Atomized application method—

(i) A resin application technology in which the resin leaves the application equipment and breaks into droplets or an aerosol as it travels from the application equipment to the surface of the part.

(ii) The term includes resin spray guns and resin chopper spray guns. Boat—A vessel, other than a seaplane, that can be used for transportation on the water. Clear gel coat—

(i) A polyester resin material that is clear or translucent so that underlying colors are visible. These materials are used to manufacture parts for sale.

(ii) The term does not include tooling gel coats used to build or repair molds. Closed molding—

(i) A process in which pressure is used to distribute resin through the reinforcing fabric placed between two mold surfaces to either saturate thefabric or fill the mold cavity. The pressure may be clamping pressure, fluid pressure, atmospheric pressure or vacuum pressure used either alone or in combination. The mold surfaces may be rigid or flexible.

(ii) The term includes compression molding with sheet molding compound, infusion molding, resin injection molding, vacuum assisted resin transfer molding, resin transfer molding and vacuum assisted compression molding.

(iii) The term does not include:

(A) A process in which a closed mold is used only to compact saturated fabric or remove air or excess resin from the fabric, such as in vacuum bagging.

(B) Open molding steps, such as application of a gel coat or skin coat layer by conventional open molding. Cured resin—A thermosetting plastic material containing styrene or methyl methacrylate or gel coat that has changed irreversibly from a liquid to a solid. Fiberglass—A material consisting of glass fibers made in the form of cloth, mat or roving. Fiberglass boat—A vessel in which either the hull or deck, or both, is built from a composite material consisting of a thermosetting resin matrix reinforced with fibers of glass, carbon, aramid or other material. Filled resin—A thermosetting plastic material to which an inert material has been added to change viscosity, density, shrinkage or other physical properties, particularly for building molds. Flowcoater—A non-atomizing application method of applying resins and gel coats to an open mold with a fluid nozzle in a fan pattern with no air supplied to the nozzle. Gel coat—

(i) A clear or pigmented polyester resin material that does not contain reinforcing fibers and becomes the outer or inner surface of a finished boat product or mold.

(ii) The term includes a clear or pigmented polyester resin mixed with metal flakes. Glass cloth—A fabric made of woven yarns of glass fibers. Glass mat—A prepared material consisting of short glass fibers that are fixed to each other in a random pattern by a chemical binder or are mechanically stitched to a lightweight fabric. Glass roving—A bundle of continuous glass fibers that is fed from a spool to a specialized gun that chops the bundle into short fibers, mixes the fibers with catalyzed resin and deposits the mixture on the mold surface in a random pattern. Mixing—An operation in which resin or gel coat, including the mixing of putties or polyester resin putties, is combined with additives that include fillers, promoters or catalysts. Mold—

(i) The cavity or surface into or on which gel coat, resin and fibers are placed and from which finished fiberglass parts take their form.

(ii) The term is also known as a tool. Monomer VOC—A VOC that partially combines with itself or other similar compounds by a cross-linking reaction to become a part of the cured resin. Monomer VOC content—The weight of the monomer divided by the weight of the polymer. Non-atomized application method—

(i) A resin application technology in which the resin is not broken into droplets or into an aerosol as the resin travels from the application equipment to the surface of the part.

(ii) The term includes flowcoaters, chopper flowcoaters, pressure-fed resin rollers, resin impregnators and hand application (for example, paint brush or paint roller). Open molding—

(i) A process in which the reinforcing fibers and resin are placed in the mold and are open to the surrounding air while the reinforcing fibers are saturated with resin.

(ii) The term includes:

(A) An operation in which a vacuum bag or similar cover is used to compress an uncured laminate to remove air bubbles or excess resin or to achieve a bond between a core material and a laminate.

(B) Application of a gel coat or skin coat layer prior to a closed molding process.

(C) A process in which a closed mold is used only to compact saturated fabric or to remove air or excess resin from the fabric (such as in vacuum bagging). Pigmented gel coat—

(i) An opaque polyester resin material used to manufacture parts for sale.

(ii) The term does not include tooling gel coats used to build or repair molds. Plug—

(i) A full-size model of the part to be manufactured. The mold is built over the finished model.

(ii) The term is also known as a prototype. Polyester resin material—An unsaturated thermosetting plastic material, such as an isophthalic, orthophthalic, halogenated, bisphenol A, vinylester or furan resin, a cross-linking agent, a catalyst, a gel coat, an inhibitor, an accelerator, a promoter or other material containing VOC used in polyester resin operations. Polyester resin operation—A process in which an unsaturated polyester resin material is used to fabricate, rework, repair or touch-up a product for commercial, military or industrial use by mixing, pouring, hand laying-up, impregnating, injecting, forming, winding, spraying or curing. Polyputty or putty—A polyester or vinylester resin mixed with inert fillers or fibers. The mixture is used to assemble fiberglass parts and to fill gaps between parts. The applied material becomes part of the composite structure. These materials are not considered industrial adhesives. Production resin—

(i) A thermosetting plastic material used to manufacture parts for sale.

(ii) The term does not include tooling resins used to build or repair molds and assembly adhesives. Repair—The addition of polyester resin material to a portion of a previously fabricated product to mend damage. Resin—A thermosetting plastic material containing styrene or methyl methacrylate, with or without pigment, used to encapsulate and bind together reinforcement fibers in the construction of fiberglass parts. Resin impregnator—A mechanical non-atomizing composite material application method in which fiber reinforcement is saturated with one or more resins in a controlled ratio for each specific composite product. Roll-out—The process of using rollers, squeegees or similar tools to compact reinforcing materials saturated with resin to remove trapped air or excess resin. Skin coat—A layer of resin and fibers applied over the gel coat to protect the gel coat from being deformed by the next laminate layer. Tooling gel coat—A polyester resin material containing styrene or methyl methacrylate, or both, that becomes the interior surface of a mold, supported by resin and fiberglass, or the exterior surface of a plug used to create a mold or is used to repair a mold. Tooling resin—A thermosetting plastic material, hardened by a catalyst, used to construct or repair a mold or a plug for a mold for the manufacture of a fiberglass boat hull, deck or other part. Touch-up—The application of material to cover minor imperfections. Vacuum bagging—

(i) A molding technique in which the reinforcing fabric is saturated with resin, covered with a flexible sheet that is sealed to the edge of the mold and a vacuum is applied under the sheet to compress the laminate, remove excess resin or remove trapped air from the laminate during curing.

(ii) The term does not include a process that meets the definition of ‘‘closed molding.’’ Vacuum bagging with roll-out—A partially closed molding technology that rolls the resin and fabric before the application of vacuum bagging materials. Vacuum bagging without roll-out—A partially closed molding technology that applies vacuum bagging materials to the mold immediately after resin application without rolling the resin and fabric. Vinylester resin—A thermosetting plastic material containing one or more esters of acrylic or methacrylic acids and having double-bond and ester linkage sites only at the ends of the resin molecules.

(c) Exceptions. The requirements of this section do not apply to the following circumstances:

(1) A resin application process in a closed molding operation as defined in subsection (b).

(2) A surface coating applied to a fiberglass boat.

(3) A surface coating for a fiberglass and metal recreational boat.

(4) An industrial adhesive used in the assembly of a fiberglass boat. Industrial adhesives used in fiberglass boat assembly are regulated under § 129.77 or Chapter 130, Subchapter D (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents; and adhesives, sealants, primers and solvents).

(d) Existing RACT permit. The requirements of this section supersede the requirements of a RACT permit issued to the owner and operator of a source subject to subsection (a) prior to December 19, 2015, under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) to control, reduce or minimize VOCs from a fiberglass boat manufacturing process, except to the extent the RACT permit contains more stringent requirements.

(e) Compliance deadline. The owner and operator of a facility subject to this section shall comply with the applicable requirements beginning December 19, 2015.

(f) Emission limits. Except as specified in subsection (h) or (j), the owner and operator of a facility subject to this section may not cause or permit the emission into the outdoor atmosphere of monomer VOCs from an open molding resin or gel coat fiberglass boat manufacturing operation, a resin or gel coat mixing operation, or a resin or gel coat application equipment cleaning operation unless one or more of the following limitations is met:

(1) Compliant materials option. The individual monomer VOC content limit is achieved through the use of low-monomer VOC content open molding resin and gel coat materials by one or more of the following methods:

(i) Using only low-monomer VOC content resin and gel coat materials within a covered operation listed in Table I.

(A) The monomer VOC content of each resin or gel coat material is equal to or less than the limit specified in Table I.

(B) The monomer VOC content of each resin or gel coat material includes the amount of non-monomer VOC content that exceeds 5% by weight of the resin or gel coat material.

(ii) Averaging the monomer VOC contents for the open molding resin and gel coat materials used within a covered operation listed in Table I on a weight-adjusted basis.

(A) The combined total monomer VOC content of resin or gel coat materials of a certain type must meet the applicable monomer VOC content limit for a specific application method on a 12-month rolling weighted-average basis, calculated using the equation in clause (C).

(B) The monomer VOC content of each resin or gel coat material included in the weighted average specified in clause (A) includes the amount of non-monomer VOC content that exceeds 5% by weight of the resin or gel coat material.

(C) The weighted-average monomer VOC content on a 12-month rolling-average basis shall be calculated as follows:

Where:

Mi = Mass of open molding resin or gel coat i used in the past 12 months in an operation, in megagrams.

VOCi = Monomer VOC content, by weight percent, of open molding resin or gel coat i used in the past 12 months in an operation.

n = Number of different open molding resins or gel coats used in the past 12 months in an operation.

(2) Emissions averaging option. The numerical monomer VOC emission rate limit is achieved through averaging emissions among different open molding resin and gel coat operations. The equations in subparagraphs (iii)—(v) shall be used to estimate the monomer VOC emission rates from each operation included in the emissions averaging option based on the material and application method.

(i) The monomer VOC content of each open molding resin or gel coat material included in the emissions averaging option includes the amount of non-monomer VOC content that exceeds 5% by weight of the resin or gel coat material.

(ii) The 12-month rolling emissions average shall be determined at the end of each calendar month.

(iii) The facility-specific monomer VOC mass emission limit on a 12-month rolling-average basis shall be calculated as follows:

Where:

Monomer VOC Limit = Total allowable monomer VOC that can be emitted from the open molding operations included in the emissions averaging program, in kilograms per 12-month period.

MR = Mass of production resin used in the past 12 months, excluding exempt VOC materials, in megagrams.

MPG = Mass of pigmented gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.

MCG = Mass of clear gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.

MTR = Mass of tooling resin used in the past 12 months, excluding exempt VOC materials, in megagrams.

MTG = Mass of tooling gel coat used in the past 12 months, excluding exempt VOC materials, in megagrams.

Numerical coefficients = The allowable monomer VOC emission rate for that particular material, in units of kg/Mg of material used.

(iv) At the end of the first 12-month rolling-average emissions period and at the end of each subsequent calendar month, the owner or operator of the facility shall demonstrate that the monomer VOC emissions from the operations and materials included in the emissions averaging option do not exceed the emission limit calculated under subparagraph (iii) for the same 12-month period as follows:

Where:

Monomer VOC emissions = Monomer VOC emissions calculated using the monomer VOC emission equation for each operation included in the emissions averaging program, in kilograms.

PVR = Weighted-average monomer VOC emission rate for production resin used in the past 12 months, in kilograms per megagram.

MR = Mass of production resin used in the past 12 months, in megagrams.

PVPG = Weighted-average monomer VOC emission rate for pigmented gel coat used in the past 12 months, in kilograms per megagram.

MPG = Mass of pigmented gel coat used in the past 12 months, in megagrams.

PVCG = Weighted-average monomer VOC emission rate for clear gel coat used in the past 12 months, in kilograms per megagram.

MCG = Mass of clear gel coat used in the past 12 months, in megagrams.

PVTR = Weighted-average monomer VOC emission rate for tooling resin used in the past 12 months, in kilograms per megagram.

MTR = Mass of tooling resin used in the past 12 months, in megagrams.

PVTG = Weighted-average monomer VOC emission rate for tooling gel coat used in the past 12 months, in kilograms per megagram.

MTG = Mass of tooling gel coat used in the past 12 months, in megagrams.

(v) For purposes of subparagraph (iv), the owner or operator of the facility shall determine the weighted-average monomer VOC emission rate for the previous 12 months for each open molding resin and gel coat operation included in the emissions averaging option as follows:

Where:

PVOP = Weighted-average monomer VOC emission rate for each open molding operation (PVR, PVPG, PVCG, PVTR, PVTG) included in the emissions averaging program, in kilograms of monomer VOC per megagram of material applied.

Mi = Mass of resin or gel coat used within an operation in the past 12 months, in megagrams.

n = Number of different open molding resins and gel coats used within an operation within the past 12 months.

PVi = The monomer VOC emission rate for resin or gel coat used within an operation in the past 12 months, in kilograms of monomer VOC per megagram of material applied. PVi shall be calculated using the applicable emission rate formula specified in Table II.

(3) VOC emissions capture system and add-on air pollution control device option. A numerical monomer VOC emission rate, determined for a facility based on the mix of application methods and materials used at the facility, is achieved through the use of a VOC emissions capture system and add-on air pollution control device.

(i) The equation in paragraph (2)(iii) must be used to determine the emission limit to be achieved by the add-on air pollution control device, but modified as specified in this subparagraph. The mass of each open molding monomer VOC-containing material used during the control device performance test must be used in the equation in paragraph (2)(iii), instead of the mass of each material used over the past 12 months, to determine the emission limit, in kilograms of monomer VOC, that is applicable during the control device test.

(ii) The measured emissions at the outlet of the control device, in kilograms of monomer VOC, must be less than the emission limit calculated as specified in subparagraph (i).

(iii) The relevant control device and emission capture system operating parameters must be monitored and recorded during the test.

(iv) The values of the parameters recorded in subparagraph (iii) must be used to establish the operating limits for those parameters.

(v) The operating parameters must be maintained within the established operating limits.

(g) VOC emissions capture system and add-on air pollution control device requirements. The owner or operator of a facility subject to this section may elect to comply with the applicable emission limitations of this section through the installation of a VOC emissions capture system and add-on air pollution control device in accordance with subsection (f)(3). The owner or operator shall submit an application for a plan approval to the appropriate regional office. The application for a plan approval must be approved, in writing, by the Department prior to installation and operation of the emissions capture system and add-on air pollution control device. The application for a plan approval must include the following information:

(1) A description, including location, of each affected source or operation to be controlled with the emissions capture system and add-on air pollution control device.

(2) A description of the proposed emissions capture system and add-on air pollution control device to be installed.

(3) A description of the proposed compliance monitoring equipment to be installed.

(4) A description of the parameters to be monitored to demonstrate continuing compliance.

(5) A description of the records to be kept that will document the continuing compliance.

(6) A schedule containing proposed interim dates for completing each phase of the required work to install and test the emissions capture system and add-on air pollution control device described in paragraph (2) and the compliance monitoring equipment described in paragraph (3).

(7) A proposed interim emission limitation that will be imposed on the affected source or operation until compliance is achieved with the applicable emission limitation.

(8) A proposed final compliance date that is as soon as possible but not later than 1 year after the start of installation of the approved emissions capture system and add-on air pollution control device and the compliance monitoring equipment.

(h) Emission limits for filled production resins and filled tooling resins. The owner or operator may use an open molding filled production resin or filled tooling resin in each of the emission limit options specified in subsection (f).

(1) If fillers are added to the resin material, the adjusted monomer VOC emission rate of the filled material must be calculated on an as applied basis as follows:

PVF = PVU x (100 - % Filler)100

Where:

PVF = The as-applied monomer VOC emission rate for the filled production resin or tooling resin, in kilograms per megagram of filled material.

PVU = The monomer VOC emission rate for the neat (unfilled) resin, before filler is added, calculated using the applicable emission rate formula in Table II.

% Filler = The weight-percent of filler in the as applied resin system.

(2) The value of PVF of a compliant material used in subsection (f)(1), calculated as specified in paragraph (1), for a filled resin used as a:

(i) Production resin shall not exceed 46 kilograms of monomer VOC per megagram of filled resin applied.

(ii) Tooling resin shall not exceed 54 kilograms of monomer VOC per megagram of filled resin applied.

(3) The value of PVF, calculated as specified in paragraph (1), must be used in place of the value of PVi for a filled resin included in the emissions averaging option equation in subsection (f)(2)(v).

(4) The monomer VOC content of each as applied filled resin includes the amount of non-monomer VOC content that exceeds 5% by weight of the unfilled resin material.

(i) Monomer VOC control requirement for an open molding resin, gel coat, filled production resin or filled tooling resin not included in an emissions averaging option. The monomer VOC content of an open molding resin, gel coat, filled production resin or filled tooling resin material not included in an emissions averaging option in subsection (f)(2) shall meet the monomer VOC content requirements of subsection (f)(1) or the add-on air pollution control requirements of subsection (f)(3).

(j) Alternative requirements for control of monomer VOC content for certain resin and gel coat materials. The monomer VOC content limits in Table I do not apply to a tooling or production material used for the following purposes:

(1) A production resin, including a skin coat resin, that must meet a specification for use in a military vessel or must be approved by the United States Coast Guard for use in the construction of a lifeboat, rescue boat or life-saving appliance approved under 46 CFR Chapter 1, Subchapter Q (relating to equipment, construction, and materials: specifications and approval) or the construction of a small passenger vessel regulated under 46 CFR Chapter 1, Subchapter T (relating to small passenger vessels (under 100 gross tons)). A production resin that meets one or more of these criteria shall be applied with non-atomizing resin application equipment.

(2) A production or tooling resin or a pigmented, clear or tooling gel coat used for repair and touch up of a part or a mold, if the weight used of resin and gel coat materials that meet one or more of these criteria does not exceed 1% by weight of the total resin and gel coat material used at a facility on a 12-month rolling-average basis.

(3) Pure 100% vinylester resin used for a skin coat, if the pure 100% vinylester resin used for the skin coat is applied with non-atomizing resin application equipment, and the weight used of resin materials meeting this criterion does not exceed 5% by weight of the total resin used at a facility on a 12-month rolling-average basis.

(k) Work practices for resin and gel coat materials. The owner or operator of a facility subject to this section shall ensure that resin and gel coat containers with a capacity equal to or greater than 55 gallons (208 liters), including those used for onsite mixing of putties and polyputties, have a cover in place at all times with no visible gaps, except when materials are being manually added or removed from a container or when mixing equipment is being placed in or removed from a container.

(l) VOC content limits and work practices for cleaning materials. The owner or operator of a facility subject to this section shall comply with the following VOC content limits and work practices for VOC-containing cleaning materials:

(1) Ensure that the VOC content of cleaning solvents used for routine application equipment cleaning is equal to or less than 5% by weight or has a composite vapor pressure equal to or less than 0.50 mmHg at 68°F.

(2) Use only non-VOC-containing solvent to remove cured resin or gel coat from application equipment.

(m) Compliance and monitoring requirements. The owner or operator of a facility subject to this section shall:

(1) Use the test methods and procedures in subsection (n) to determine the monomer VOC content of resin and gel coat material.

(2) Demonstrate compliance of the monomer VOC content of the resin and gel coat material within 90 days of receipt of a written request from the Department in accordance with subsection (n).

(3) Equip add-on air pollution control devices with the applicable monitoring equipment. The monitoring equipment shall be installed, calibrated, operated and maintained according to manufacturer’s specifications at all times that the add-on air pollution control device is in use.

(4) Conduct testing of a VOC emissions capture system and add-on air pollution control device installed in accordance with subsection (f)(3) one time every 5 years starting from completion of the initial testing specified in the plan approval application required in subsection (g).

(n) Sampling and testing. The owner or operator of a facility subject to this section shall perform sampling and testing as follows:

(1) Use one or more of the following methods to determine the monomer VOC content of a resin or gel coat.

(i) SCAQMD Method 312-91, Determination of Percent Monomer in Polyester Resins.

(ii) Manufacturer’s formulation data.

(iii) Other test methods or data demonstrated to provide results that are acceptable for purposes of determining compliance with this section if prior approval is obtained in writing from the Department and the United States Environmental Protection Agency.

(2) Use the test methods and procedures specified in Chapter 139 (relating to sampling and testing) for sampling and testing of add-on air pollution control devices.

(o) Recordkeeping requirements. The owner or operator of a facility subject to this section shall maintain monthly records sufficient to demonstrate compliance with this section. The records must include the following information:

(1) The name and identification number of each resin and gel coat.

(2) The total quantity of atomized molding production resin, non-atomized production resin, pigmented gel coat, clear gel coat, atomized tooling resin, non-atomized tooling resin and tooling gel coat used per month.

(3) The monomer VOC content for each resin and gel coat.

(4) The non-monomer VOC content for each resin and gel coat.

(5) The calculations performed for each applicable requirement under subsections (f), (h) and (j).

(6) The name and identification number only for each resin used in accordance with subsection (j)(1). The records specified in paragraphs (1)—(5) do not apply to resins used in accordance with subsection (j)(1).

(7) The name, identification number and VOC content or composite vapor pressure for each cleaning solvent used for routine application equipment cleaning.

(8) The information required by the plan approval issued under subsection (g), as applicable.

(9) The results of sampling and testing performed in accordance with subsection (n).

(p) Reporting requirements. The records shall be maintained for 2 years unless a longer period is required by an order issued by the Department or a plan approval or operating permit issued under Chapter 127 (relating to construction, modification, reactivation and operation of sources). The records shall be submitted to the Department in an acceptable format upon receipt of a written request.

The provisions of this § 129.74 issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.74 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7127.

This section cited in 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.75 Mobile equipment repair and refinishing.

(a) Except as provided in subsection (b), this section applies to a person who applies mobile equipment repair and refinishing or color matched coatings to mobile equipment or mobile equipment components.

(b) This section does not apply to a person who applies surface coating to mobile equipment or mobile equipment components under one of the following circumstances:

(1) The surface coating process is subject to the miscellaneous metal parts finishing requirements of § 129.52 (relating to surface coating processes) or the requirements of § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings).

(2) The surface coating process is at an automobile assembly plant.

(3) The person applying the coatings does not receive compensation for the application of the coatings.

(c) Beginning November 27, 2000, a person may not apply to mobile equipment or mobile equipment components any automotive pretreatment, automotive primer-surfacer, automotive primer-sealer, automotive topcoat and automotive specialty coatings including any VOC-containing materials added to the original coating supplied by the manufacturer, that contain VOCs in excess of the limits specified in Table III.

(d) A person who provides mobile equipment repair and refinishing coatings subject to this section shall provide documentation concerning the VOC content of the coatings calculated in accordance with the following:

(1) The mass of VOC per combined volume of VOC and coating solids, less water and exempt compounds, shall be calculated by the following equation:

where:

VOC = VOC content in grams per liter (g/l) of coating less water and non-VOC solvents.

Wv = Mass of total volatiles, in grams.

Ww = Mass of water, in grams.

Wec = Mass of exempt compounds, in grams.

V = Volume of coating, in liters.

Vw = Volume of water, in liters.

Vec = Volume of exempt compounds, in liters.

To convert from grams per liter to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 x 10-3 (lb/gal/g/l).

(2) The VOC content of a multistage topcoat shall be calculated by the following equation:

where:

VOCmulti = VOC content of multistage topcoat, g/l

VOCbc = VOC content of basecoat, g/l

VOCmci = VOC content of the midcoat(s), g/l

VOCcc = VOC content of the clear coat, g/l

M = number of midcoats

(e) Beginning November 27, 2000, a person at a facility subject to this section shall use one or more of the following application techniques to apply any finish material listed in Table III:

(1) Flow/curtain coating.

(2) Dip coating.

(3) Roller coating.

(4) Brush coating.

(5) Cotton-tipped swab application.

(6) Electrodeposition coating.

(7) High volume low pressure (HVLP) spraying.

(8) Electrostatic spray.

(9) Airless spray.

(10) Other coating application method that the person demonstrates and the Department determines achieves emission reductions equivalent to HVLP or electrostatic spray application methods.

(f) The following situations are exempt from the application equipment requirements in subsection (e):

(1) The use of airbrush application methods for stenciling, lettering and other identification markings.

(2) The application of coatings sold in nonrefillable aerosol containers.

(3) Automotive touch-up repair.

(g) Spray guns used to apply mobile equipment repair and refinishing coatings shall be cleaned by one of the following:

(1) An enclosed spray gun cleaning system that is kept closed when not in use.

(2) Unatomized discharge of solvent into a paint waste container that is kept closed when not in use.

(3) Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use.

(4) Atomized spray into a paint waste container that is fitted with a device designed to capture atomized solvent emissions.

(h) The owner and operator of a facility subject to this section shall implement the following housekeeping and pollution prevention and training measures:

(1) Fresh and used coatings, solvent and cleaning solvents shall be stored in nonabsorbent, nonleaking containers. The containers shall be kept closed at all times except when filling or emptying.

(2) Cloth and paper, or other absorbent applicators, moistened with coatings, solvents or cleaning solvents, shall be stored in closed, nonabsorbent, nonleaking containers.

(3) Handling and transfer procedures shall minimize spills during the transfer of coatings, solvents and cleaning solvents through the use of devices including pumps or spouts on larger containers.

(4) Ensure that a person who applies mobile equipment repair and refinishing coatings has completed training in the proper use and handling of the mobile equipment repair and refinishing coatings, solvents and waste products to minimize the emission of air contaminants and to comply with this section.

The provisions of this § 129.75 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.75 adopted November 24, 1999, effective November 27, 1999, 29 Pa.B. 6003; amended October 21, 2016, effective October 22, 2016, 46 Pa.B. 6758. Immediately preceding text appears at serial pages (380480) to (380482).

This section cited in 25 Pa. Code § 129.96 (relating to applicability); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.77 Control of emissions from the use or application of adhesives, sealants, primers and solvents.

(a) This section applies to the owner or operator of a facility that uses or applies one or more of the following at the facility on or after January 1, 2012:

(1) An adhesive, sealant, adhesive primer or sealant primer subject to the VOC content limits in Table V.

(2) An adhesive or sealant product applied to the listed substrate subject to the VOC content limits in Table VI.

(3) A surface preparation solvent or cleanup solvent.

(b) On or after January 1, 2012, an owner or operator of a facility may not use or apply at the facility an adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limit in Table V or VI, except as provided elsewhere in this section.

(c) On or after January 1, 2012, an owner or operator of a facility may not use or apply at the facility a surface preparation or cleanup solvent that exceeds the applicable VOC content limit or composite partial vapor pressure requirements of this section, except as provided elsewhere in this section.

(d) The VOC content limits in Table VI for adhesives or sealants applied to particular substrates apply as follows:

(1) If an owner or operator of a facility uses or applies at the facility an adhesive or sealant subject to a specific VOC content limit in Table V, the specific limit is applicable rather than the adhesive-to-substrate limit in Table VI.

(2) If an owner or operator of a facility uses or applies at the facility an adhesive to bond dissimilar substrates together, the applicable substrate category with the highest VOC content limit is the limit for this use.

(e) An owner or operator of a facility subject to this section using or applying a surface preparation solvent or cleanup solvent at the facility may not:

(1) Except as provided in paragraph (2) for single-ply roof membrane, use materials containing VOCs for surface preparation, unless the VOC content of the surface preparation solvent is less than 70 grams per liter of material or 0.6 pound of VOC per gallon of material.

(2) Use materials containing VOCs for surface preparation or cleanup when applying single-ply roof membrane, unless the composite partial vapor pressure, excluding water and exempt compounds, of the surface preparation solvent or cleanup solvent is less than or equal to 45 mm mercury at 20° C.

(3) Except as provided in subsection (f), use cleanup solvent materials containing VOCs for the removal of adhesives, sealants, adhesive primers or sealant primers from surfaces, other than from the parts of spray application equipment, unless the composite partial vapor pressure of the solvent is less than or equal to 45 mm mercury at 20° C.

(f) Removal of an adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment shall be performed by one or more of the following methods:

(1) Using an enclosed cleaning system, or an equivalent cleaning system as determined by the test method identified in subsection (z).

(2) Using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material or 0.6 pound of VOC per gallon of material.

(3) Soaking parts containing dried adhesive in a solvent if the composite partial vapor pressure of the solvent, excluding water and exempt compounds, is less than or equal to 9.5 mm mercury at 20° C and the parts and solvent are in a closed container that remains closed except when adding parts to or removing parts from the container.

(g) An owner or operator of a facility using or applying at the facility an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to the VOC content limits of this section may comply with the requirements of this section through the use of add-on air pollution control equipment if the following requirements are met:

(1) The VOC emissions from the use of all noncomplying as applied adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents and cleanup solvents subject to this section are reduced by an overall efficiency of at least 85%, by weight.

(i) The capture efficiency of the system shall be determined in accordance with subsection (y)(1).

(ii) The control efficiency of the system shall be determined in accordance with subsection (y)(2).

(2) The combustion temperature is continuously monitored and recorded daily if a thermal incinerator is operated.

(3) Inlet and exhaust gas temperatures are continuously monitored and recorded daily if a catalytic incinerator is operated.

(4) Control device efficiency is monitored continuously and recorded daily if a carbon absorber or control device other than a thermal or catalytic incinerator is operated.

(5) Operation records sufficient to demonstrate compliance with the requirements of this section are maintained in accordance with subsections (o), (p) and (q).

(6) The following information is also recorded and maintained:

(i) Daily records of the volume used each day of each noncomplying as applied adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent and cleanup solvent.

(ii) Daily records of the hours of operation of the add-on air pollution control equipment.

(iii) Records of all maintenance performed on the add-on air pollution control equipment, including the date and type of maintenance.

(7) The control equipment is approved, in writing, by the Department in an operating permit.

(8) The owner or operator of a facility that intends to comply with this section using add-on air pollution control equipment may apply to the Department for an extension to the compliance date specified in subsections (a)—(c).

(i) The Department will approve the extension request if the request meets the requirements in subparagraph (ii).

(ii) The extension request must:

(A) Be received, in writing, by January 1, 2012.

(B) Include the date by which a permit application or request for plan approval will be submitted.

(C) Demonstrate to the Department’s satisfaction that an extension is necessary.

(iii) An extension will be automatically revoked if the recipient fails to comply with its terms by the dates specified in it.

(h) An owner or operator of a facility subject to this section shall store or dispose of all absorbent materials, including cloth or paper, which are moistened with adhesives, sealants, primers, surface preparation solvents or cleanup solvents subject to this section, in nonabsorbent containers at the facility that are kept closed except when placing materials in or removing materials from the container.

(i) An owner or operator of a facility subject to this section may not solicit, require or specify the use or application of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the use or application would result in a violation of this section, unless the emissions are controlled through the use of add-on air pollution control equipment as specified in subsection (g). The prohibition of this subsection applies to all written or oral contracts created on or after January 1, 2012, under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to this section is to be used or applied at a facility in this Commonwealth.

(j) An owner or operator of a facility subject to this section who uses or applies an adhesive, sealant, adhesive primer or sealant primer subject to this section may not add solvent to the adhesive, sealant, adhesive primer or sealant primer in an amount in excess of the manufacturer’s recommendation for application, if this addition causes the adhesive, sealant, adhesive primer or sealant primer to exceed the applicable VOC content limit listed in Table V or VI, unless the emissions are controlled through the use of add-on air pollution control equipment as specified in subsection (g).

(k) This section does not apply to the use or application of the following compounds or products:

(1) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in a research and development, quality assurance or analytical laboratory, if records are maintained as required in subsections (p) and (q).

(2) Adhesives, sealants, adhesive primers or sealant primers that are subject to other sections in this chapter or Chapter 130 (relating to standards for products).

(3) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied.

(4) Cyanoacrylate adhesives.

(5) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of 1 pound or less, except plastic cement welding adhesives and contact adhesives.

(6) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 gallon or less.

(l) This section does not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents or cleanup solvents in the following operations:

(1) Tire repair operations, if the label of the adhesive states, ‘‘For tire repair only.’’

(2) The assembly, repair and manufacture of aerospace components or undersea-based weapons systems.

(3) The manufacture of medical equipment.

(4) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. An owner or operator claiming an exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections (o)—(q).

(m) This section does not apply if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used or applied at the facility are less than 200 pounds or an equivalent volume, per calendar year. An owner or operator of a facility claiming exemption under this subsection shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections (o)—(q).

(n) This section does not apply to the use or application of a noncomplying adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the total volume of noncomplying adhesives, sealants, primers, surface preparation and cleanup solvents used or applied facility-wide does not exceed 55 gallons per calendar year. An owner or operator of a facility claiming exemption under this subsection shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections (o)—(q).

(o) Except as provided in subsection (p), each owner or operator subject to this section shall maintain records demonstrating compliance with this section, including the following information:

(1) A list of each adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent and cleanup solvent product in use and in storage.

(2) A data sheet or material list which provides the product name, manufacturer identification and use or material application for each product included on the list required under paragraph (1).

(3) The VOC content of each product on the list required under paragraph (1), as supplied.

(4) Catalysts, reducers or other components used and the mix ratio.

(5) The VOC content or vapor pressure of each product on the list required by paragraph (1), as applied, if solvent or other VOC is added to the product before application.

(6) The volume purchased or produced of each product on the list required under paragraph (1).

(7) The monthly volume used or applied as part of a manufacturing process at the facility of each product on the list required under paragraph (1).

(p) For an adhesive, sealant, adhesive primer and sealant primer product subject to the laboratory testing exemption of subsection (k)(1), the person conducting the testing shall make and maintain records of all products used, including the following information:

(1) The product name.

(2) The product category of the material or type of application.

(3) The VOC content of the material.

(q) Records made to determine compliance with this section shall be:

(1) Maintained onsite for 5 years from the date the record is created.

(2) Made available to the Department upon receipt of a written request.

(r) Except as otherwise provided in this section, the VOC and solids content of nonaerosol adhesives (including one-part moisture cure urethane adhesives and silicone adhesives), sealants, adhesive primers, sealant primers, surface preparation solvents and cleanup solvents shall be determined using one of the following:

(1) EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.

(2) SCAQMD Method 304, Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

(s) The weight volatile matter content and weight solids content for one-part or multiple part reactive adhesives, except one-part moisture cure urethane adhesives and silicone adhesives, shall be determined using the EPA Reference Method, Determination of Weight Volatile Matter Content and Weight Solids Content of Reactive Adhesives, found at 40 CFR 63, Subpart PPPP, Appendix A, including updates and revisions.

(t) The identity and concentration of exempt organic compounds shall be determined using one of the following:

(1) ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA including updates and revisions.

(2) SCAQMD Method 303, Determination of Exempt Compounds, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

(u) The VOC content of a plastic cement welding adhesive or primer shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

(v) To determine if a diluent is a reactive diluent, the percentage of the reactive organic compound that becomes an integral part of the finished material shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

(w) The composite partial vapor pressure of organic compounds in cleaning materials shall be determined by the following procedure:

(1) Quantifying the amount of each compound in the blend using gas chromatographic analysis, using the following methods:

(i) ASTM E260, Standard Practice for Packed Column Gas Chromatography, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, for organic content, including updates and revisions.

(ii) ASTM D3792, Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, for water content, including updates and revisions.

(2) Calculating the composite partial vapor pressure using the following equation:

n

(Wi)(VPi)/MWi

i=1

PPc =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.81 Organic liquid cargo vessel loading and ballasting.

The following provisions apply in the counties of Delaware and Philadelphia:

(1) A person may not cause or permit the loading of gasoline into an organic liquid cargo vessel unless the following exist:

(i) The VOC vapors displaced by the loading operation are processed through a vapor recovery or destruction device operated to reduce the VOCs by at least 90% by weight.

(ii) The vapor collection and transport system employed to carry VOCs to the vapor control system is maintained and operated so that it prevents the following:

(A) A reading equal to or greater than 100% of the lower explosive limit (LEL), measured as propane, at 1 inch (2.5 centimeters) from all points on the perimeter of a potential leak source when measured by the method referenced in § 139.14 (relating to emissions of VOCs) during loading operations.

(B) Avoidable liquid leaks during loading operations.

(C) Visually or audibly detectable leaks in the organic liquid cargo vessel’s cargo tanks, hatch covers, storage tanks pressure/vacuum relief values and associated vapor and liquid lines during loading.

(iii) The pressure and vacuum relief valves on the liquid cargo vessel 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 allowable pressure and vacuum as specified in State or local fire codes, the National Fire Prevention Association guidelines or other National consensus standards acceptable to the Department.

(2) Except as provided in paragraph (4), a person may not cause or permit the emission of VOCs from the ballasting of an organic liquid cargo vessel containing crude oil or gasoline unless the emissions are processed through a vapor recovery or destruction device operated so as to reduce the VOCs by at least 90% by weight.

(3) Compliance with this section shall be achieved in accordance with the following:

(i) Installation of the piping, pressure relief valves and other devices necessary to collect and transport VOCs from affected organic liquid vessel cargo compartments to the required VOC vapor recovery/destruction system shall be completed by September 28, 1996.

(ii) Installation of vapor recovery devices/destruction devices at marine terminals shall be completed by September 28, 1994.

(iii) Installation of vessel mounted vapor recovery or destruction devices shall be completed by September 28, 1996.

(4) Other provisions of this section notwithstanding, the Department may allow a facility to implement permanent and enforceable measures, including recordkeeping and reporting requirements, which are approved by the EPA to reduce the emission of VOCs from ballasting of an organic liquid cargo vessel containing crude oil or gasoline as follows:

(i) By September 28, 1992, a minimum of 40% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

(ii) By September 28, 1996, a minimum of 65% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

(iii) By January 1, 2003, a minimum of 90% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

(iv) By January 1, 2010, 98% of the total volume of receipts of crude oil and gasoline during a specified period shall be delivered to the facility in vessels which do not ballast, such as barges, or in vessels which do not emit VOCs when ballasted, such as tankers using segregated ballast tanks.

(5) Compliance with paragraphs (2)—(4) may also be achieved by meeting the requirements for equivalency in § 129.51(a) (relating to general).

The provisions of this § 129.81 issued under sections 5 and 6.1 of the Air Pollution Control Act (35 P.S. § § 4005 and 4006.1).

The provisions of this § 129.81 adopted September 27, 1991, effective September 28, 1991, 21 Pa.B. 4400.

This section cited in 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.82 Control of VOCs from gasoline dispensing facilities (Stage II).

(a) (Reserved).

(a.1) Applicability. This section applies to the owner and operator of a gasoline dispensing facility equipped with a Stage II vapor recovery system and located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County.

(b) Operating requirements. The owner or operator, or both, of a gasoline dispensing facility subject to this section shall meet the following requirements until the Stage II vapor recovery system at the gasoline dispensing facility is decommissioned under § 129.82a (relating to requirements to decommission a Stage II vapor recovery system):

(1) Maintain a Department-approved and properly operating Stage II vapor recovery system. The Department will not approve a Stage II vapor recovery system unless the Stage II vapor recovery system collects at least 90% by weight of the gasoline vapors that are displaced from a vehicle fuel tank during refueling and returns the captured vapors to a vapor tight system.

(1.1) Provide necessary maintenance and make modifications necessary to comply with this section.

(2) Provide adequate training and written instructions to the operator of the gasoline dispensing facility to assure proper operation of the Stage II vapor recovery system.

(3) Immediately remove from service and tag a defective vapor recovery hose, nozzle or other component of the Stage II vapor recovery system until the defective component is replaced or repaired.

(i) A component removed from service may not be returned to service until the defect is corrected.

(ii) If the Department finds during an inspection that a defective vapor recovery hose, nozzle or other component of the Stage II vapor recovery system is not properly tagged, the component may not be returned to service until the defect is corrected and the Department approves its return to service.

(4) Conspicuously post the operating instructions for the gasoline dispensing system in the gasoline dispensing area which, at a minimum, include:

(i) A clear description of how to correctly dispense gasoline with the vapor recovery nozzles used at the site.

(ii) A warning that continued attempts to dispense gasoline after the system indicates that the motor vehicle fuel tank is full may result in spillage and contamination of the air or water or recirculation of the gasoline into the vapor recovery system.

(iii) A telephone number, email address or social media account established by the Department for the public to use to report problems experienced with the gasoline dispensing system.

(5) Maintain records of the gasoline dispensing system test procedure results, monthly throughput, type and duration of any failure of the system and maintenance and repair records onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination. The records must be:

(i) Maintained for 2 years, unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit, consent decree or order issued by the Department.

(ii) Made available for inspection, upon request, by the Department.

(c) (Reserved).

(d) (Reserved).

(e) Functional testing and certification requirements. The owner and operator of a gasoline dispensing facility subject to this section shall comply with the functional testing and certification requirements specified in the EPA’s Stage II Enforcement and Technical Guidance Documents developed under section 182 of the Clean Air Act.

(1) The owner or operator of a gasoline dispensing facility that uses a Stage II vapor balance vapor recovery system shall conduct the following test procedures:

(i) A liquid blockage test procedure under CARB TP-201.6, ‘‘Determination of Liquid Removal of Phase II Vapor Recovery Systems of Dispensing Facilities,’’ adopted April 28, 2000, including updates and revisions, upon major modification of the system and every 5 years thereafter.

(ii) A dynamic backpressure test procedure under CARB TP-201.4, ‘‘Dynamic Back Pressure,’’ amended July 3, 2002, including updates and revisions, upon major modification of the system and every 5 years thereafter.

(2) The owner or operator of a gasoline dispensing facility that uses a Stage II vacuum assist vapor recovery system shall quantify the air to liquid volumetric ratio conducted under CARB TP-201.5 ‘‘Air to Liquid Volume Ratio,’’ amended February 1, 2001, including updates and revisions, once in every 12-month period.

(3) The owner or operator of a gasoline dispensing facility that conducts a test procedure under paragraph (1) or (2) shall do all of the following:

(i) Conduct the test procedures in paragraph (1) simultaneously, consecutively or separately at different times of the 5-year period.

(ii) Conduct the test procedure in paragraph (2) simultaneously with, consecutively with or separately from the test procedures in § 129.61a(d)(1) (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control) during the 12-month period.

(iii) Repair to a component on, or correction to, the Stage II vapor recovery system must be made within 10 days following a failed test procedure.

(iv) Record all of the following information, as applicable, for each test procedure performed under paragraph (1) or (2):

(A) The name of the test procedure.

(B) The name of the person performing the test procedure.

(C) The date the test procedure was performed.

(D) The result of the test procedure.

(E) The date, time, type and duration of a test procedure failure.

(F) The name of the person correcting the test procedure failure.

(G) The date the test procedure failure was corrected.

(H) The action taken to correct the test procedure failure.

(f) Additional requirements. An owner and operator of a gasoline storage tank subject to this section may also be subject to § 129.61a and § 129.82a.

The provisions of this § 129.82 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005); and amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.82 adopted February 7, 1992, effective February 8, 1992, 22 Pa.B. 585; amended April 9, 1999, effective April 10, 1999, 29 Pa.B. 1889; amended March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875. Immediately preceding text appears at serial pages (380495) to (380497).

This section cited in 25 Pa. Code § 129.82a (relating to requirements to decommission a Stage II vapor recovery system); and 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.82a Requirements to decommission a Stage II vapor recovery system.

(a) Applicability. Beginning March 26, 2022, this section applies to the owner and operator of a gasoline dispensing facility that uses, has decommissioned or is decommissioning a Stage II vapor recovery system.

(b) Compliance deadline.

(1) Stage II vacuum assist vapor recovery system. The owner or operator of a gasoline dispensing facility located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County that uses a Stage II vacuum assist vapor recovery system shall decommission the Stage II vacuum assist vapor recovery system on or before December 31, 2022.

(2) Stage II vapor balance vapor recovery system. The owner and operator of a gasoline dispensing facility in this Commonwealth that uses a Stage II vapor balance vapor recovery system shall comply with this section when the owner or operator decommissions the Stage II vapor balance vapor recovery system.

(c) Test procedure documents. The following are the full names of the vapor recovery test procedure documents specified in this section:

(1) PEI/RP300-09—The Petroleum Equipment Institute’s ‘‘Recommended Practices for Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,’’ Chapter 14, Decommissioning Stage II Vapor-Recovery Piping, sections 14.1 through 14.6.13, including applicable updates and revisions.

(2) CARB TP-201.3—‘‘Determination of 2 Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,’’ amended July 26, 2012, including updates and revisions.

(3) CARB TP-201.3C—‘‘Determination of Vapor Piping Connections to Underground Gasoline Storage Tanks (Tie-Tank Test),’’ adopted March 17, 1999, including updates and revisions.

(d) Process to decommission a Stage II vapor recovery system. The owner or operator of a gasoline dispensing facility that decommissions a Stage II vapor recovery system shall decommission the Stage II vapor recovery system by meeting all of the following:

(1) Successfully completing all of the steps in PEI/RP300-09, Chapter 14. The owner or operator shall cap off the vapor tight return line of the Stage II vapor recovery system at the gasoline storage tank top if accessible at the time of decommissioning. If the vapor tight return line is not accessible at the time of decommissioning, the vapor tight return line must be capped when either of the following circumstances occurs:

(i) The storage tank system or an associated piping component is under concrete, and a replacement or repair of the underground storage tank system or associated piping component involves breaking concrete on top of the tank where the vapor tight return line terminates.

(ii) The CARB TP-201.3 procedure performed under paragraph (2) indicates a problem with the vapor tight return line.

(2) Successfully completing all of the steps in CARB TP-201.3.

(3) Successfully completing all of the steps in CARB TP-201.3C.

(4) Completing Form 2700-FM-BAQ0129, including updates and revisions to the form, after decommissioning is complete, regardless of whether the vapor tight return line is accessible at the time of decommissioning and has been capped under paragraph (1). The owner or operator shall send the completed form within 10 business days of completion of the decommissioning to the Department Regional Air Program Manager or to the appropriate approved local air pollution control agency responsible for the county in which the decommissioning occurred.

(5) Maintaining onsite at the gasoline dispensing facility or electronically stored allowing for onsite examination a copy of the completed form that was submitted under paragraph (4). The owner or operator shall maintain the form onsite or electronically stored allowing for onsite examination for 2 years unless a longer period is required under Chapter 127 (relating to construction, modification, reactivation and operation of sources) or a plan approval, operating permit, consent decree or order issued by the Department.

(e) Certification requirements for installers and industry inspectors. The owner and operator of a gasoline dispensing facility subject to this section shall ensure that a person who performs underground storage tank system installation or modification work under this section is appropriately certified for the work they perform, as follows:

(1) The person must be a certified UMI or UMX storage tank installer under Chapter 245, Subchapter A (relating to general provisions).

(2) The person must comply with the applicable requirements of Chapter 245, Subchapter B (relating to certification program for installers and inspectors of storage tanks and storage tank facilities).

(f) Removal of responsibilities under § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)). The owner and operator of a gasoline dispensing facility that decommissions a Stage II vapor recovery system under subsections (d) and (e) are no longer subject to § 129.82 at the gasoline dispensing facility.

(g) Retention of responsibilities under § 129.61 (relating to small gasoline storage tank control (Stage I control)). The owner and operator of a gasoline dispensing facility remains subject to § 129.61 after decommissioning a Stage II vapor recovery system.

(h) Retention of responsibilities under § 129.61a (relating to vapor leak monitoring procedures and other requirements for small gasoline storage tank emission control). The owner and operator of a gasoline dispensing facility located in Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington or Westmoreland County that decommissions a Stage II vapor recovery system remains subject to § 129.61a.

The provisions of this § 129.82a added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.82a added March 25, 2022, effective March 26, 2022, 52 Pa.B. 1875.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); and 25 Pa. Code § 129.82 (relating to control of VOCs from gasoline dispensing facilities (Stage II)).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.91 Control of major sources of NOx and VOCs.

(a) This section applies to both the owner and the operator of a major NOx emitting facility or major VOC emitting facility for which no RACT requirement has been established in § § 129.51, 129.52, 129.54—129.72, 129.81 and 129.82. This section does not apply to the owner and operator of a major VOC emitting facility for which requirements have been established in § 129.52, Table I (11) (relating to surface coating processes) and § § 129.101—129.107 (relating to wood furniture manufacturing operations).

(b) The owner and the operator shall, jointly, provide the Department with the following information on or before May 16, 1994.

(1) An identification of each facility including individual sources to which this section applies.

(2) A determination through emission testing of the following:

(i) The total potential to emit and the actual emissions of VOCs for the 1990 calendar year from each source at the facility.

(ii) The total potential to emit and actual emissions of NOx for the 1990 calendar year from each source at the facility.

(c) Alternative methods which accurately characterize the emissions for the 1990 calendar year may be used to determine potential and actual emissions under subsection (b) if emission test data are not available and the Department has approved the alternative method in writing.

(d) The owner and the operator of a major NOx emitting facility or major VOC emitting facility shall, jointly, on or before July 15, 1994, provide to the Department and the EPA, Chief, Air Programs Branch, United States EPA, Region III, 841 Chestnut Building, Philadelphia, Pennsylvania 19107 a written proposal for RACT for each source of VOCs and NOx at the facility. The RACT proposal shall include, at a minimum, the information contained in § 129.92 (relating to RACT proposal requirements).

(e) The Department will approve, deny or modify each RACT proposal.

(f) Upon receipt of notice of the Department’s approval of the RACT proposal, the facility shall begin implementation of the measures necessary to comply with the approved or modified RACT proposal. Implementation of the RACT program shall be completed according to the schedule established in the approved RACT program and shall be as expeditious as practicable but no later than May 31, 1995.

(g) Where the installation of a new source, modification or change in operation of an existing source will result in the source or facility meeting the definition of a major NOx emitting facility or a major VOC emitting facility, the owner and the operator shall jointly submit a RACT proposal to the Department and the EPA that meets the requirements of this section, and complete implementation of the RACT proposal as approved or modified by the Department prior to the installation, modification or change in operation of the existing source.

(h) Except for sources which elect to comply with the presumptive RACT emission limitations in § 129.93 (relating to presumptive RACT emission limitations), the Department will submit each RACT determination to the EPA for approval as a revision to the SIP. A major NOx emitting facility or major VOC emitting facility shall bear the costs of public hearings and notification required for EPA approval.

(i) Following the implementation of the RACT requirements, the owner and operator of a combustion unit with a rated heat input of 250 million Btus per hour or greater and subject to § 123.51 (relating to monitoring requirements) shall, through the use of a Department approved continuous emission monitoring system, determine the rate of emissions of NOx from the combustion unit. Following the implementation of the RACT requirements, the owner and operator of a combustion unit with a rated heat input greater than 100 million Btus per hour and not subject to § 123.51, shall, through the use of either a Department approved periodic source testing program or predictive modeling program, determine the rate of emissions of NOx from the combustion unit unless the owner and operator elects to use a Department approved continuous monitoring system.

(j) Based on the results of the emission monitoring conducted in accordance with subsection (i), the Department will determine the RACT emission limitations for the source and the Department will submit the emission limitations to the EPA as a Federally enforceable permit.

The provisions of this § 129.91 amended under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.91 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467; amended June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995. Immediately preceding text appears at serial pages (254494) to (254496).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 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 porcesses); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations); 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvents); 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 § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials); 25 Pa. Code § 129.93 (relating to presumptive RACT emission limitations); 25 Pa. Code § 129.94 (relating to NOx RACT emission averaging general requirements); 25 Pa. Code § 129.95 (relating to recordkeeping); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.92 RACT proposal requirements.

(a) Each RACT proposal shall, at a minimum, include the following information:

(1) A list of each source subject to the RACT requirements.

(2) The size or capacity of each affected source and the types of fuel combusted or the types and quantities of materials processed or produced in each source.

(3) A physical description of each source and its operating characteristics.

(4) Estimates of the potential and actual NOx and VOC emissions from each affected source and associated supporting documentation.

(5) A RACT analysis which meets the requirements of subsection (b), including technical and economic support documentation for each affected source.

(6) A schedule for completing implementation of the RACT proposal as expeditiously as practicable but not later than May 31, 1995, including interim dates for the issuance of purchase orders, start and completion of process, technology and control technology changes and the completion of compliance testing.

(7) The testing, monitoring, recordkeeping and reporting procedures proposed to demonstrate compliance with RACT.

(8) A plan approval application that meets the requirements of this article if required under § 127.11 (relating to plan approval requirements).

(9) An application for an operating permit amendment or application to incorporate the provisions of the RACT proposal.

(10) Additional information requested by the Department that is necessary for the evaluation of the RACT proposal.

(b) The RACT analysis required under subsection (a)(5) shall include:

(1) A ranking of the available control options for the affected source in descending order of control effectiveness. Available control options are air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or methods, control systems for VOCs and NOx and fuel combustion techniques for the control of NOx. The control technologies and techniques shall include existing controls for the source category and technology transfer controls applied to similar source categories.

(2) An evaluation of the technical feasibility of the available control options identified in subsection (b)(1). The evaluation of technical feasibility shall be based on physical, chemical and engineering principles. A determination of technical infeasibility shall identify technical difficulties which would preclude the successful use of the control option on the affected source.

(3) A ranking of the technically feasible control options in order of overall control effectiveness for NOx or VOC emissions. The list shall present the array of control options and shall include, at a minimum, the following information:

(i) The baseline emissions of VOCs and NOx before implementation of each control option.

(ii) The estimated emission reduction potential or the estimated control efficiency of each control option.

(iii) The estimated emissions after the application of each control option.

(iv) The economic impacts of each control option, including both overall cost effectiveness and incremental cost effectiveness.

(4) An evaluation of cost effectiveness of each control option consistent with the ‘‘OAQPS Control Cost Manual’’ (Fourth Edition), EPA 450/3-90-006 January 1990 and subsequent revisions. The evaluation shall be conducted in accordance with the following requirements:

(i) The cost effectiveness shall be evaluated in terms of dollars per ton of NOx or VOC emissions reduction.

(ii) The cost effectiveness shall be calculated on average and incremental bases for each option. Average cost effectiveness is calculated as the annualized cost of the control option divided by the baseline emissions rate minus the control option emission rate, as shown by the following formula:

Average cost effectiveness ($/ton removed) =Control option total annualized cost ($/yr)

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.93 Presumptive RACT emission limitations.

(a) The owner and operator of a major NOx emitting facility listed in this section and subject to § 129.91 (relating to control of major sources of NOx and VOCs) may elect to comply with the emission limitations of this section as an alternative to developing and implementing a RACT emission limitation on a case-by-case basis.

(b) The owner and operator shall develop and implement the following presumptive RACT emission limitations:

(1) For a coal-fired combustion unit with a rated heat input equal to or greater than 100 million Btu/hour, presumptive RACT shall be the installation and operation of low NOx burners with separate overfire air.

(2) For a combustion unit with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour presumptive RACT shall be the performance of an annual adjustment or tuneup on the combustion process. This adjustment shall include, at a minimum, the following:

(i) Inspection, adjustment, cleaning or replacement of fuel-burning equipment, including the burners and moving parts necessary for proper operation as specified by the manufacturer.

(ii) Inspection of the flame pattern or characteristics and adjustments necessary to minimize total emissions of NOx, and to the extent practicable minimize emissions of CO.

(iii) Inspection of the air-to-fuel ratio control system and adjustments necessary to ensure proper calibration and operation as specified by the manufacturer.

(3) For combustion units subject to paragraph (2), the owner and operator of the adjusted equipment shall record each adjustment conducted under the procedures in paragraph (2) in a permanently bound log book or other method approved by the Department. This log shall contain, at a minimum, the following information:

(i) The date of the tuning procedure.

(ii) The name of the service company and technicians.

(iii) The final operating rate or load.

(iv) The final CO and NOx emission rates.

(v) The final excess oxygen rate.

(vi) Other information required by the applicable operating permit.

(4) For oil, gas and combination oil/gas units subject to paragraph (2), the owner and operator shall maintain records including a certification from the fuel supplier of the type of fuel and for each shipment of distillate oils number 1 or 2, a certification that the fuel complies with ASTM D396-78 ‘‘Standard Specifications for Fuel Oils.’’ For residual oils, minimum recordkeeping includes a certification from the fuel supplier of the nitrogen content of the fuel, and identification of the sampling method and sampling protocol.

(5) For oil and gas and combination oil/gas fired units subject to paragraph (2), the owner and operator shall make the annual adjustment in accordance with the EPA document ‘‘Combustion Efficiency Optimization Manual for Operators of Oil and Gas-fired Boilers,’’ September 1983 (EPA-340/1-83-023) or equivalent procedures approved in writing by the Department.

(c) For the following source types, presumptive RACT emission limitations are the installation, maintenance and operation of the source in accordance with manufacturers specifications:

(1) Boilers and other combustion sources with individual rated gross heat inputs less than 20 million Btu/hour of operation.

(2) Combustion turbines with individual heat input rates less than 25 million Btu/hour which are used for natural gas distribution.

(3) Internal combustion engines rated at less than 500 bhp (gross) which are set and maintaining 4° retarded relative to standard timing.

(4) Incinerators or thermal/catalytic oxidizers used primarily for air pollution control.

(5) Any fuel-burning equipment, gas turbine or internal combustion engine with an annual capacity factor of less than 5%, or an emergency standby engine operating less than 500 hours in a consecutive 12-month period.

(6) Sources which have been approved as meeting LAER for NOx emissions since November 15, 1990, with Federally enforceable emission limitations.

(7) Sources which have been approved as meeting BACT for NOx emissions since November 15, 1990, with Federally enforceable emission limitations. These sources shall, however, meet any more stringent category-wide RACT emission limitation promulgated by EPA or the Department.

The provisions of this § 129.93 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467; amended April 22, 1994, effective April 23, 1994, 24 Pa.B. 2078. Immediately preceding text appears at serial pages (186080) to (186081).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 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 § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations); 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvents); 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 § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.92 (relating to RACT proposal requirements); 25 Pa. Code § 129.94 (relating to NOx RACT emission averaging general requirements); 25 Pa. Code § 129.95 (relating to recordkeeping); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.94 NOx RACT emission averaging general requirements.

(a) The owners and operators of major NOx emitting facilities may submit a written proposal to the Department as part of an application for operating permits to average emissions to meet the RACT requirements of § 129.91 (relating to control of major sources of NOx and VOCs). Emission averaging which complies with applicable EPA requirements and is approved as an SIP revision, and which meets the criteria in subsection (b) and is approved by the Department shall satisfy the requirements of § 129.91. The Department will approve, deny or modify each averaging proposal.

(b) The Department will not approve an emission averaging proposal unless the proposal demonstrates compliance with the following requirements to the Department’s satisfaction:

(1) The proposal shall demonstrate that the aggregate emissions achieved through the RACT averaging proposal are less than the sum of emissions that would be achieved by complying with the RACT requirement on a source specific basis.

(2) The averaging proposal shall include a tons per year emission cap and an emission rate such as pounds/million Btus for each source in the averaging proposal that provide for verification and enforcement of the averaging proposal.

(3) Emission reductions attributed to the shutdown or curtailment of operation of a source may not be included in an averaging proposal.

(4) The proposal shall demonstrate that the ambient air quality impact resulting from implementation of the averaging proposal is less than or equivalent to the impact from each source complying with the RACT requirements in § 129.91 and § § 129.92 and 129.93 (relating to RACT proposal requirements; and presumptive RACT emission limitations) individually. The demonstration shall consider the area of emissions impact and the periods of time of emissions impact except as follows:

(i) For emission averaging involving sources located within the same nonattainment area, the demonstration shall only consider the periods of time of emissions impact.

(ii) For emission averaging involving sources not located within the same nonattainment area which are located less than 200 kilometers from another source involved in the averaging proposal, the demonstration shall only consider the periods of time of emissions impact.

(5) The proposal shall provide that each source involved in the averaging proposal shall be required to use continuous emission monitors and record emissions following the requirements of Chapter 139 (relating to sampling and testing). The participating sources are required to establish telemetry links between the sources and to provide real time emission data to all sources affected by the averaging proposal. For an averaging proposal involving sources at a single facility, the Department may approve alternate requirements provided the proposal demonstrates that the alternate methodologies are credible, workable, replicable and fully enforceable and adequately quantify emissions from all sources participating in the averaging program.

(c) An averaging proposal shall be approved by the EPA as an SIP revision before the averaging proposal may be implemented.

(d) Every source or facility involved in the approved averaging proposal is in violation of its operating permit when a source or facility subject to the averaging proposal exceeds an emission limitation or averaging requirement established under this section.

(e) Additional emission reductions required under the act or the Clean Air Act or the regulations adopted under either the act or the Clean Air Act shall be in addition to and not a substitute for the emission reductions required by the averaging proposal.

The provisions of this § 129.94 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 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 § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations); 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvents); 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 emmissions from offset lithographic printing presses and letterpress printing presses); 25 Pa. Code § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials); 25 Pa. Code § 129.95 (relating to recordkeeping); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to preumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.95 Recordkeeping.

(a) The owner and operator of a major NOx emitting facility or a major VOCs emitting facility shall keep records to demonstrate compliance with § § 129.91—129.94.

(b) The records shall provide sufficient data and calculations to clearly demonstrate that the requirements of § § 129.91—129.94 are met.

(c) Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.

(d) The records shall be retained for at least 2 years and shall be made available to the Department on request.

(e) An owner or operator claiming that a facility is exempt from the RACT requirements of § § 129.91—129.94, based on the facility’s potential to emit, shall maintain records that clearly demonstrate to the Department that the facility or source is not subject to § § 129.91—129.94.

The provisions of this § 129.95 adopted January 14, 1994, effective January 15, 1994, 24 Pa.B. 467.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 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 § 129.52d (relating to control of VOC emissions from miscellaneous metal parts surface coating processes, miscellaneous plastic parts surface coating processes and pleasure craft surface coatings); 25 Pa. Code § 129.52e (relating to control of VOC emissions from automobile and light-duty truck assembly coating operations and heavier vehicle coating operations); 25 Pa. Code § 129.63a (relating to control of VOC emissions from industrial cleaning solvents); 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 § 129.74 (relating to control of VOC emissions from fiberglass boat manufacturing materials); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.96 Applicability.

(a) The NOx requirements of this section and § § 129.97—129.100 apply Statewide to the owner and operator of a major NOx emitting facility and the VOC requirements of this section and § § 129.97—129.100 apply Statewide to the owner and operator of a major VOC emitting facility that were in existence on or before July 20, 2012, for which a requirement or emission limitation, or both, has not been established in § § 129.51—129.52c, 129.54—129.63, 129.64—129.69, 129.71—129.75, 129.77, 129.101—129.107 and 129.301—129.310.

(b) The NOx requirements of this section and § § 129.97—129.100 apply Statewide to the owner and operator of a NOx emitting facility and the VOC requirements of this section and § § 129.97—129.100 apply Statewide to theowner and operator of a VOC emitting facility when the installation of a new source or a modification or change in operation of an existing source after July 20, 2012, results in the source or facility meeting the definition of a major NOx 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—129.52e, 129.54—129.69, 129.71—129.75, 129.77, 129.101—129.107 and 129.301—129.310.

(c) This section and § § 129.97—129.100 do not apply to the owner and operator of a NOx air contamination source located at a major NOx emitting facility that has the potential to emit less than 1 TPY of NOx or a VOC air contamination source located at a major VOC emitting facility that has the potential to emit less than 1 TPY of VOC.

(d) This section and § § 129.97—129.100 do not apply to the owner and operator of a facility which is not a major NOx emitting facility or a major VOC emitting facility on or before January 1, 2017.

The provisions of this § 129.96 issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.96 adopted April 22, 2016, effective April 23, 2016, 46 Pa.B. 2036; amended August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814. Immediately preceding text appears at serial pages (384191) to (384192).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.98 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.100 (relating to compliance demonstration and recordkeeping requirements); 25 Pa. Code § 129.112 (relating to resumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.97 Presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule.

(a) The owner and operator of a source listed in one or more of subsections (b)—(h) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 (relating to applicability) shall comply with the applicable presumptive RACT requirement or RACT emission limitation, or both, beginning with the specified compliance date as follows, unless an alternative compliance schedule is submitted and approved under subsections (k)—(m) or § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule):

(1) January 1, 2017, for a source subject to § 129.96(a).

(2) January 1, 2017, or 1 year after the date the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(b) The owner and operator of a source specified in this subsection, which is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 shall comply with the following:

(1) The presumptive RACT requirement for a combustion unit with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour, which is the performance of a biennial tune-up conducted in accordance with the procedures in 40 CFR 63.11223 (relating to how do I demonstrate continuous compliance with the work practice and management practice standards). The biennial tune-up must include, at a minimum, the following:

(i) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.

(ii) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.

(iii) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.

(2) The owner or operator of a combustion unit with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up shall conduct a tune-up of the boiler one time in each 5-year calendar period. The tune-up must include, at a minimum, the following:

(i) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.

(ii) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.

(iii) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.

(3) The applicable recordkeeping requirements of § 129.100(d), (e) or (f) (relating to compliance demonstration and recordkeeping requirements).

(c) The owner and operator of a source specified in this subsection, which is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 shall install, maintain and operate the source in accordance with the manufacturer’s specifications and with good operating practices:

(1) A NOx air contamination source that has the potential to emit less than 5 TPY of NOx.

(2) A VOC air contamination source that has the potential to emit less than 2.7 TPY of VOC.

(3) A boiler or other combustion source with an individual rated gross heat input less than 20 million Btu/hour.

(4) A combustion turbine with a rated output less than 1,000 bhp.

(5) A stationary internal combustion engine rated at less than 500 bhp (gross).

(6) An incinerator, thermal oxidizer or catalytic oxidizer used primarily for air pollution control.

(7) A fuel-burning unit with an annual capacity factor of less than 5%.

(i) For a combustion unit, the annual capacity factor is the ratio of the unit’s heat input (in million Btu or equivalent units of measure) to the unit’s maximum rated hourly heat input rate (in million Btu/hour or equivalent units of measure) multiplied by 8,760 hours during a period of 12 consecutive calendar months.

(ii) For an electric generating unit, the annual capacity factor is the ratio of the unit’s actual electric output (expressed in MWe/hr) to the unit’s nameplate capacity (or maximum observed hourly gross load (in MWe/hr) if greater than the nameplate capacity) multiplied by 8,760 hours during a period of 12 consecutive calendar months.

(iii) For any other unit, the annual capacity factor is the ratio of the unit’s actual operating level to the unit’s potential operating level during a period of 12 consecutive calendar months.

(8) An emergency standby engine operating less than 500 hours in a 12-month rolling period.

(d) Except as specified under subsection (c), the owner and operator of a combustion unit or other combustion source located at a major VOC emitting facility subject to § 129.96 shall install, maintain and operate the source in accordance with the manufacturer’s specifications and with good operating practices for the control of the VOC emissions from the combustion unit or other combustion source.

(e) The owner and operator of a municipal solid waste landfill subject to § 129.96 shall comply with the following applicable presumptive RACT requirement:

(1) For a municipal solid waste landfill constructed on or before May 30, 1991, emission guidelines and compliance times in 40 CFR Part 60, Subpart Cc (relating to emission guidelines and compliance times for municipal solid waste landfills), which are adopted and incorporated by reference in § 122.3 (relating to adoption of standards), and applicable Federal or state plans in 40 CFR Part 62 (relating to approval and promulgation of state plans for designated facilities and pollutants).

(2) For a municipal solid waste landfill constructed after May 30, 1991, New Source Performance Standards in 40 CFR Part 60, Subpart WWW (relating to standards of performance for municipal solid waste landfills), which are adopted and incorporated by reference in § 122.3.

(f) The owner and operator of a municipal waste combustor subject to § 129.96 shall comply with the presumptive RACT requirement of 180 ppmvd NOx @ 7% oxygen.

(g) Except as specified under subsection (c), the owner and operator of a NOx air contamination source specified in this subsection, which is located at a major NOx emitting facility or a VOC air contamination source specified in this subsection, which is located at a major VOC emitting facility subject to § 129.96 may not cause, allow or permit NOx or VOCs to be emitted from the air contamination source in excess of the applicable presumptive RACT emission limitation:

(1) A combustion unit or process heater:

(i) For a natural gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.10 lb NOx/million Btu heat input.

(ii) For a distillate oil-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.12 lb NOx/million Btu heat input.

(iii) For a residual oil-fired or other liquid fuel-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.20 lb NOx/million Btu heat input.

(iv) For a refinery gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour, 0.25 lb NOx/million Btu heat input.

(v) For a coal-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour and less than 250 million Btu/hour, 0.45 lb NOx/million Btu heat input.

(vi) For a coal-fired combustion unit with a rated heat input equal to or greater than 250 million Btu/hour that is:

(A) A circulating fluidized bed combustion unit, 0.16 lb NOx/million Btu heat input.

(B) A tangentially fired combustion unit, 0.35 lb NOx/million Btu heat input.

(C) Any other type of coal-fired combustion unit, 0.40 lb NOx/million Btu heat input.

(vii) For any other type of solid fuel-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour, 0.25 lb NOx/million Btu heat input.

(viii) For a coal-fired combustion unit with a selective catalytic reduction system operating with an inlet temperature equal to or greater than 600°F, 0.12 lb NOx/million Btu heat input. Compliance with this emission limit is also required when by-passing the selective catalytic reduction system.

(ix) For a coal-fired combustion unit with a selective noncatalytic reduction system, the selective noncatalytic reduction system shall be operated with the injection of reagents including ammonia or other NOx-reducing agents when the temperature at the area of the reagent injection is equal to or greater than 1,600°F.

(2) A combustion turbine:

(i) For a combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 180 MW when firing:

(A) Natural gas or a noncommercial gaseous fuel, 42 ppmvd NOx @ 15% oxygen.

(B) Fuel oil, 96 ppmvd NOx @ 15% oxygen.

(C) Natural gas or a noncommercial gaseous fuel, 5 ppmvd VOC (as propane) @ 15% oxygen.

(D) Fuel oil, 9 ppmvd VOC (as propane) @ 15% oxygen.

(ii) For a combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 180 MW when firing:

(A) Natural gas or a noncommercial gaseous fuel, 4 ppmvd NOx @ 15% oxygen.

(B) Fuel oil, 8 ppmvd NOx @ 15% oxygen.

(C) Natural gas or a noncommercial gaseous fuel, 2 ppmvd VOC (as propane) @ 15% oxygen.

(D) Fuel oil, 2 ppmvd VOC (as propane) @ 15% oxygen.

(iii) For a simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 6,000 bhp when firing:

(A) Natural gas or a noncommercial gaseous fuel, 150 ppmvd NOx @ 15% oxygen.

(B) Fuel oil, 150 ppmvd NOx @ 15% oxygen.

(C) Natural gas or a noncommercial gaseous fuel, 9 ppmvd VOC (as propane) @ 15% oxygen.

(D) Fuel oil, 9 ppmvd VOC (as propane) @ 15% oxygen.

(iv) For a simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 6,000 bhp when firing:

(A) Natural gas or a noncommercial gaseous fuel, 42 ppmvd NOx @ 15% oxygen.

(B) Fuel oil, 96 ppmvd NOx @ 15% oxygen.

(C) Natural gas or a noncommercial gaseous fuel, 9 ppmvd VOC (as propane) @ 15% oxygen.

(D) Fuel oil, 9 ppmvd VOC (as propane) @ 15% oxygen.

(3) A stationary internal combustion engine:

(i) For a lean burn stationary internal combustion engine with a rating equal to or greater than 500 bhp fired with:

(A) Natural gas or a noncommercial gaseous fuel, 3.0 grams NOx/bhp-hr.

(B) Natural gas or a noncommercial gaseous fuel, liquid fuel or dual-fuel, 1.0 gram VOC/bhp-hr excluding formaldehyde.

(ii) For a stationary internal combustion engine with a rating equal to or greater than 500 bhp fired with liquid fuel or dual-fuel, 8.0 grams NOx/bhp-hr.

(iii) For a rich burn stationary internal combustion engine with a rating equal to or greater than 500 bhp fired with:

(A) Natural gas or a noncommercial gaseous fuel, 2.0 grams NOx/bhp-hr.

(B) Natural gas or a noncommercial gaseous fuel, 1.0 gram VOC/bhp-hr.

(4) A unit firing multiple fuels:

(i) The applicable RACT multiple fuel emission limit shall be determined on a total heat input fuel weighted basis using the following equation:

ni = 1 EiHIi

EHIweighted =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.98 Facility-wide or system-wide NOx emissions averaging plan general requirements.

(a) The owner or operator of a major NOx emitting facility subject to § 129.96 (relating to applicability) that includes at least one air contamination source subject to a NOx RACT emission limitation in § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) that cannot meet the applicable NOx RACT emission limitation may elect to meet the applicable NOx RACT emission limitation in § 129.97 by averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average. 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 written NOx emissions averaging plan 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) October 24, 2016, for a source subject to § 129.96(a).

(2) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility, whichever is later, for a source subject to § 129.96(b).

(c) Each NOx air contamination source included in the application for an operating permit modification or a plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average submitted under subsection (b) must be an air contamination source subject to a NOx RACT emission limitation in § 129.97.

(d) The application for the operating permit modification or the plan approval, if otherwise required, for averaging NOx emissions on either a facility-wide or system-wide basis using a 30-day rolling average submitted under subsection (b) must demonstrate that the aggregate NOx emissions emitted by the air contamination sources included in the facility-wide or system-wide NOx emissions averaging plan using a 30-day rolling average are not greater than the NOx emissions that would be emitted by the group of included sources if each source complied with the applicable NOx RACT emission limitation in § 129.97 on a source-specific basis.

(e) The owner or operator shall calculate the alternative facility-wide or system-wide NOx RACT emissions limitation using a 30-day rolling average for the air contamination sources included in the application for the operating permit modification or plan approval, if otherwise required, submitted under subsection (b) by using the following equation to sum the emissions for all of the sources included in the NOx emissions averaging plan:

[ ni = 1 Eiactual]‹= [ ni = 1 Eiallowable]

Where:

Eiactual = The actual NOx mass emissions, including emissions during start-ups, shutdowns and malfunctions, for air contamination source i on a 30-day rolling basis.

Eiallowable = The allowable NOx mass emissions computed using the allowable emission rate limitations for air contamination source i on a 30-day rolling basis specified in § 129.97. If an air contamination source included in an averaging plan is subject to a numerical emission rate limit that is more stringent than the applicable allowable emission rate limitation in § 129.97, then the numerical emission rate limit shall be used for the calculation of the allowable NOx mass emissions.

n = The number of air contamination sources included in the NOx emissions averaging plan.

(f) The application for the operating permit modification or a plan approval, if otherwise required, specified in subsections (b)—(e) may include facility-wide or system-wide NOx emissions averaging using a 30-day rolling average only for NOx emitting sources or NOx emitting facilities that are owned or operated by the applicant.

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

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

(2) Each air contamination source’s applicable emission limitation in § 129.97.

(3) Methods for demonstrating compliance and recordkeeping and reporting requirements in accordance with § 129.100 (relating to compliance demonstration and recordkeeping requirements) for each source included in the NOx emissions averaging plan submitted under subsection (b).

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

(i) The Department or appropriate approved local air pollution control agency will issue a modification to the operating permit or a plan approval authorizing the NOx emissions averaging plan.

(j) The owner or operator of an air contamination source or facility included in the facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(h) shall submit the reports and records specified in subsection (g)(3) to the Department or appropriate approved local air pollution control agency on the schedule specified in subsection (g)(3) to demonstrate compliance with § 129.100.

(k) The owner or operator of an air contamination source or facility included in a facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(h) 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 NOx RACT emission limitations may not substitute those emission reductions for the emission reductions required by the facility-wide or system-wide NOx 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 NOx RACT emission limitation in § 129.97 that is not included in a facility-wide or system-wide NOx emissions averaging plan submitted under subsection (b) shall operate the source in compliance with the applicable NOx RACT emission limitation in § 129.97.

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

The provisions of this § 129.98 issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.98 adopted April 22, 2016, effective April 23, 2016, 46 Pa.B. 2036.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.100 (relating to compliance demonstration and recordkeeping requirements); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.99 Alternative RACT proposal and petition for alternative compliance schedule.

(a) The owner or operator of an air contamination source subject to § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.96 (relating to applicability) that cannot meet the applicable presumptive RACT requirement or RACT emission limitation of § 129.97 may propose an alternative RACT requirement or RACT emission limitation in accordance with subsection (d).

(b) The owner or operator of a NOx air contamination source with a potential emission rate equal to or greater than 5.0 tons of NOx per year that is not subject to § 129.97 or § § 129.201—129.205 (relating to additional NOx requirements) located at a major NOx emitting facility subject to § 129.96 shall propose a NOx RACT requirement or RACT emission limitation in accordance with subsection (d).

(c) The owner or operator of a VOC air contamination source with a potential emission rate equal to or greater than 2.7 tons of VOC per year that is not subject to § 129.97 located at a major VOC emitting facility subject to § 129.96 shall propose a VOC RACT requirement or RACT emission limitation in accordance with subsection (d).

(d) The owner or operator proposing an alternative RACT requirement or RACT emission limitation under subsection (a), (b) or (c) shall:

(1) Submit a written RACT proposal in accordance with the procedures in § 129.92(a)(1)—(5), (7)—(10) and (b) (relating to RACT proposal requirements) to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:

(i) October 24, 2016, for a source subject to § 129.96(a).

(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(2) Be in receipt of an approval issued by the Department or appropriate approved local air pollution control agency in writing through a plan approval or operating permit modification for a RACT proposal submitted under paragraph (1)(ii) prior to the installation, modification or change in the operation of the existing air contamination source that will result in the source or facility meeting the definition of a major NOx emitting facility or major VOC emitting facility.

(3) Include in the RACT proposal the proposed alternative NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation developed in accordance with the procedures in § 129.92(a)(1)—(5) and (b).

(4) Include in the RACT proposal a schedule for completing implementation of the RACT requirement or RACT emission limitation as soon as possible but not later than:

(i) January 1, 2017, for a source subject to § 129.96(a).

(ii) January 1, 2017, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(5) Include interim dates in the schedule required under paragraph (4) for the:

(i) Issuance of purchase orders.

(ii) Start and completion of process, technology and control technology changes.

(iii) Completion of compliance testing.

(6) Include in the RACT proposal methods for demonstrating compliance and recordkeeping and reporting requirements in accordance with § 129.100 (relating to compliance demonstration and recordkeeping requirements) for each air contamination source included in the RACT proposal.

(7) Demonstrate to the satisfaction of the Department or the appropriate approved local air pollution control agency that the proposed requirement or RACT emission limitation is RACT for the air contamination source.

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

(1) Review the timely and complete alternative RACT proposal submitted in accordance with subsection (d).

(2) Approve the alternative RACT proposal submitted under subsection (d), in writing, if the Department or appropriate approved local air pollution control agency is satisfied that the alternative RACT proposal complies with the requirements of subsection (d) and that the proposed alternative requirement or RACT emission limitation is RACT for the air contamination source.

(3) Deny or modify the alternative RACT proposal submitted under subsection (d), in writing, if the proposal does not comply with the requirements of subsection (d).

(f) The proposed alternative RACT requirement or RACT emission limitation and the implementation schedule submitted under subsection (d) will be approved, denied or modified by the Department or appropriate approved local air pollution control agency in accordance with subsection (e) in writing through the issuance of a plan approval or operating permit modification prior to the owner or operator implementing the alternative RACT requirement or RACT emission limitation.

(g) The emission limit and requirements specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (f) supersede the emission limit and requirements in the existing plan approval or operating permit issued to the owner or operator of the source prior to April 23, 2016, on the date specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (f), except to the extent the existing plan approval or operating permit contains more stringent requirements.

(h) The Department will submit each alternative RACT requirement or RACT emission limitation approved under subsection (f) 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.

(i) The owner and operator of a facility proposing to comply with the applicable RACT requirement or RACT emission limitation under subsection (a), (b) or (c) through the installation of an air cleaning device may submit a petition, in writing, requesting an alternative compliance schedule in accordance with the following:

(1) The written petition requesting an alternative compliance schedule shall be submitted to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:

(i) October 24, 2016, for a source subject to § 129.96(a).

(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(2) The written petition must include:

(i) A description, including make, model and location, of each air contamination source subject to a RACT requirement or RACT emission limitation in one or more of subsections (a)—(c).

(ii) A description of the proposed air cleaning device to be installed.

(iii) A schedule containing proposed interim dates for completing each phase of the required work to install the air cleaning device described in subparagraph (ii).

(iv) A proposed interim emission limitation that will be imposed on the affected air contamination source until compliance is achieved with the applicable RACT requirement or RACT emission limitation.

(v) A proposed final compliance date that is as soon as possible but not later than 3 years after the approval of the petition by the Department or the appropriate approved local air pollution control agency. If the petition is for the replacement of an existing source, the final compliance date will be determined on a case-by-case basis. The approved petition shall be incorporated in an applicable operating permit or plan approval.

(j) The Department or appropriate approved local air pollution control agency will review the timely and complete written petition requesting an alternative compliance schedule submitted in accordance with subsection (i) and approve or deny the petition in writing.

(k) The emission limit and requirements specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (j) supersede the emission limit and requirements in the existing plan approval or operating permit issued to the owner or operator of the source prior to April 23, 2016, on the date specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (j), except to the extent the existing plan approval or operating permit contains more stringent requirements.

(l) Approval or denial under subsection (j) of the timely and complete petition for an alternative compliance schedule submitted under subsection (i) will be effective on the date the letter of approval or denial of the petition is signed by the authorized representative of the Department or appropriate approved local air pollution control agency.

The provisions of this § 129.99 issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.99 adopted April 22, 2016, effective April 23, 2016, 46 Pa.B. 2036; amended August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814. Immediately preceding text appears at serial pages (380514) to (380517).

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.100 (relating to compliance demonstration and recordkeeping requirements); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.100 Compliance demonstration and recordkeeping requirements.

(a) Except as provided in subsection (c), the owner and operator of an air contamination source subject to a NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation, or both, listed in § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation by performing the following monitoring or testing procedures:

(1) For an air contamination source with a CEMS, monitoring and testing in accordance with the requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) using a 30-day rolling average, except municipal waste combustors.

(i) A 30-day rolling average emission rate for an air contamination source that is a combustion unit shall be expressed in pounds per million Btu and calculated in accordance with the following procedure:

(A) Sum the total pounds of pollutant emitted from the combustion unit for the current operating day and the previous 29 operating days.

(B) Sum the total heat input to the combustion unit in million Btu for the current operating day and the previous 29 operating days.

(C) Divide the total number of pounds of pollutant emitted by the combustion unit for the 30 operating days by the total heat input to the combustion unit for the 30 operating days.

(ii) A 30-day rolling average emission rate for each applicable RACT emission limitation shall be calculated for an affected air contamination source for each consecutive operating day.

(iii) Each 30-day rolling average emission rate for an affected air contamination source must include the emissions that occur during the entire operating day, including emissions from start-ups, shutdowns and malfunctions.

(2) For a Portland cement kiln with a CEMS, monitoring of clinker production rates in accordance with 40 CFR 63.1350(d) (relating to monitoring requirements).

(3) For a municipal waste combustor with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.

(4) For an air contamination source without a CEMS, monitoring and testing in accordance with a Department-approved emissions source test that meets the requirements of Chapter 139, Subchapter A (relating to sampling and testing methods and procedures). The source test shall be conducted one time in each 5-year calendar period.

(b) Except as provided in § 129.97(k) and § 129.99(i) (relating to alternative RACT proposal and petition for alternative compliance schedule), the owner and operator of an air contamination source subject to subsection (a) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation in accordance with the procedures in subsection (a) not later than:

(1) January 1, 2017, for a source subject to § 129.96(a) (relating to applicability).

(2) January 1, 2017, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(c) An owner or operator of an air contamination source subject to this section, § § 129.96 and 129.97 and § 129.98 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements) may request a waiver from the requirement to demonstrate compliance with the applicable emission limitation listed in § 129.97 if the following requirements are met:

(1) The request for a waiver is submitted, in writing, to the Department not later than:

(i) October 24, 2016, for a source subject to § 129.96(a).

(ii) October 24, 2016, or 6 months after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(2) The request for a waiver demonstrates that a Department-approved emissions source test was performed in accordance with the requirements of Chapter 139, Subchapter A, on or after:

(i) April 23, 2015, for a source subject to § 129.96(a).

(ii) April 23, 2015, or within 12 months prior to the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.96(b).

(3) The request for a waiver demonstrates to the satisfaction of the Department that the test results show that the source’s rate of emissions is in compliance with the source’s applicable NOx emission limitation or VOC emission limitation.

(4) The Department approves, in writing, the request for a waiver.

(d) The owner and operator of an air contamination source subject to this section and § § 129.96—129.99 shall keep records to demonstrate compliance with § § 129.96—129.99 in the following manner:

(1) The records must include sufficient data and calculations to demonstrate that the requirements of § § 129.96—129.99 are met.

(2) Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.

(e) Beginning with the compliance date specified in § 129.97(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable NOx emission rate threshold specified in § 129.99(b) and the requirements of § 129.97 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.

(f) Beginning with the compliance date specified in § 129.97(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable VOC emission rate threshold specified in § 129.99(c) and the requirements of § 129.97 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.

(g) The owner or operator of a combustion unit subject to § 129.97(b) shall record each adjustment conducted under the procedures in § 129.97(b). This record must contain, at a minimum:

(1) The date of the tuning procedure.

(2) The name of the service company and the technician performing the procedure.

(3) The final operating rate or load.

(4) The final NOx and CO emission rates.

(5) The final excess oxygen rate.

(6) Other information required by the applicable operating permit.

(h) The owner or operator of a Portland cement kiln subject to § 129.97(h) shall maintain a daily operating log for each Portland cement kiln. The record for each kiln must include:

(1) The total hours of operation.

(2) The type and quantity of fuel used.

(3) The quantity of clinker produced.

(4) The date, time and duration of a start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.

(i) The records shall be retained by the owner or operator for 5 years and made available to the Department or appropriate approved local air pollution control agency upon receipt of a written request from the Department or appropriate approved local air pollution control agency.

The provisions of this § 129.100 issued under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.100 adopted April 22, 2016, effective April 23, 2016, 46 Pa.B. 2036; amended August 10, 2018, effective August 11, 2018, 48 Pa.B. 4814. Immediately preceding text appears at serial pages (380517) to (380520).

The section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.98 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.121 (relating to general provisions and applicability); and 25 Pa. Code § 29.131 (relating to general provisions and applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.101 General provisions and applicability.

(a) Beginning June 10, 2000, this section and § § 129.102—129.107 apply to each wood furniture manufacturing facility located in a county included in the northeast ozone transport region or in a county designated as severe, serious, moderate or marginal ozone nonattainment that emits or has the potential to emit 25 tons or more per year of VOCs from wood furniture manufacturing operations.

(b) The owner or operator of an existing wood furniture manufacturing facility subject to subsection (a) shall comply with this section and § § 129.102—129.107 by June 11, 2001, except for those facilities which have RACT determinations approved by the EPA as revisions to the SIP prior to June 10, 2000.

(c) An existing wood furniture manufacturing facility that increases its actual emissions or potential to emit to 25 tons per year or more of VOCs from wood furniture manufacturing operations shall comply with this section and § § 129.102—129.107 within 1 year after becoming subject to subsection (a), except for those facilities which have RACT determinations approved by the EPA as revisions to the SIP prior to June 10, 2000.

(d) At a minimum, a new source installed at an existing facility that is subject to the requirements of subsection (a) shall comply with the emission standards of § 129.102 (relating to emission standards) upon installation of the new source.

(e) The owner or operator of a wood furniture manufacturing facility subject to this section, § § 129.52 and 129.102—129.107 shall comply with the more stringent emissions limitation or applicable requirement for wood furniture manufacturing operations in § 129.52 or this section and § § 129.102—129.107.

(f) The VOC standards in § 129.102 Table IV do not apply to a coating used exclusively for determining product quality and commercial acceptance, touch-up and repair and other small quantity coatings if the coating meets the following criteria:

(1) The quantity of coating used does not exceed 50 gallons per year for a single coating and a total of 200 gallons per year for all coatings combined for the facility.

(2) The owner or operator of the facility requests, in writing, and the Department approves, in writing, the exemption prior to use of the coating.

The provisions of this § 129.101 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.101 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.102 (relating to emission standards); 25 Pa. Code § 129.103 (relating to work practice standards); 25 Pa. Code § 129.104 (relating to compliance procedures and monitoring requirements); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.106 (relating to reporting requirements); 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.102 Emission standards.

An owner or operator of a facility subject to this section, § § 129.101 and 129.103—129.107 shall limit VOC emissions from wood furniture manufacturing operations by:

(1) Applying either waterborne topcoats or a combination of sealers and topcoats and strippable spray booth coatings with a VOC content equal to or less than the standards specified in Table IV:

(2) Using an emissions averaging program which meets the requirements in § 129.107 (relating to special provisions for facilities using an emissions averaging approach).

(3) Using a control system that will achieve a reduction in emissions equivalent to 0.8 lb VOC/lb solids for topcoats or 1.8 lbs VOC/lb solids for topcoats and 1.9 lbs VOC/lb solids for sealers.

(4) Using a combination of the methods specified in paragraphs (1)—(3).

The provisions of this § 129.102 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.102 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); 25 Pa. Code § 129.103 (relating to work practice standards); 25 Pa. Code § 129.104 (relating to compliance procedures and monitoring requirements); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach); 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.103 Work practice standards.

(a) Work practice implementation plan. Within 60 days after the compliance date specified in § 129.101(b) or (c) (relating to general provisions and applicability), an owner or operator of a facility subject to the requirements in this section and § § 129.101, 129.102 and 129.104—129.107 shall:

(1) Prepare and maintain a written work practice implementation plan that defines work practices for each wood furniture manufacturing operation and addresses the provisions in subsections (b)—(j). The owner or operator of the facility shall comply with the work practice implementation plan.

(2) Make available the written work practice implementation plan for inspection by the Department upon request. If the Department determines that the work practice implementation plan does not adequately address the criteria specified in subsections (b)—(j), the Department may require that the facility owner or operator modify the plan.

(b) Operator training program. New and existing personnel, including contract personnel, who are involved in coating, cleaning or washoff operations or implementation of the requirements of this section, § § 129.101, 129.102 and 129.104—129.107 shall complete an operator training program.

(1) For a facility subject to § 129.101(b), new personnel hired after June 10, 2000, shall be trained upon hiring. For a facility subject to the requirements of § 129.101(c), new personnel shall be trained upon hiring.

(2) For a facility subject to § 129.101(b), existing personnel hired before June 10, 2000, shall be trained by December 11, 2000. For a facility subject to § 129.101(c), existing personnel shall be trained at least 6 months before the compliance date.

(3) Personnel shall be given refresher training annually.

(4) A copy of the written operator training program shall be maintained with the work practice implementation plan. The operator training program shall include the following:

(i) A list of all current personnel by name and job description that are required to be trained.

(ii) An outline of the subjects to be covered in the initial and annual refresher training sessions for each position or group of personnel.

(iii) Lesson plans for courses to be given at the initial and annual refresher training sessions that include, at a minimum, appropriate application techniques, appropriate cleaning and washoff procedures, appropriate equipment setup and adjustment to minimize coating usage and overspray and appropriate management of cleanup wastes.

(iv) A description of the methods to be used at the completion of the initial or annual refresher training sessions to demonstrate and document successful completion.

(v) A record of the date each employe is trained.

(c) Leak inspection and maintenance plan. An owner or operator of a facility shall prepare and maintain with the work practice implementation plan a written leak inspection and maintenance plan which shall include the following:

(1) A minimum visual inspection frequency of once per month for all equipment used to transfer or apply coatings or solvents.

(2) An inspection schedule.

(3) The methods for documenting the date and results of each inspection and any repairs that were made.

(4) The time frame between identifying a leak and making the repair, which shall adhere to the following schedule:

(i) A first attempt at repairs, including tightening of packing glands, shall be made within 5 working days after the leak is detected.

(ii) Final repairs shall be made within 15 working days, unless the leaking equipment is to be replaced by a new purchase, in which case repairs shall be completed within 3 months.

(d) Cleaning and washoff solvent accounting system. A solvent accounting form shall be developed to account for solvents used in cleaning and washoff operations. The information recorded on the form shall include the following:

(1) The total number of pieces processed through washoff operations each month and the reason for the washoff operations.

(2) The name and total quantity of each solvent used each month for:

(i) Cleaning activities.

(ii) Washoff operations.

(3) The name and total quantity of each solvent evaporated to the atmosphere each month from:

(i) Cleaning activities.

(ii) Washoff operations.

(e) Spray booth cleaning. An owner or operator of a facility may not use compounds containing more than 8.0% by weight of VOC for cleaning spray booth components other than conveyors, continuous coaters and their enclosures, or metal filters, unless the spray booth is being refurbished. If the spray booth is being refurbished, that is, the spray booth coating or other material used to cover the booth is being replaced, the facility shall use no more than 1.0 gallon of solvent to prepare the booth prior to applying the booth coating.

(f) Storage requirements. An owner or operator of a facility shall use normally closed containers for storing coating, cleaning and washoff materials.

(g) Application equipment requirements. An owner or operator of a facility may not use conventional air spray guns to apply coatings except under any of the following circumstances:

(1) To apply coatings that have a VOC content no greater than 1.0 lb VOC/lb solids (1.0 kg VOC/kg solids), as applied.

(2) For touch-up and repair coatings under one of the following circumstances:

(i) The coatings are applied after completion of the wood furniture manufacturing operation.

(ii) The coatings are applied after the stain and before any other type of coating is applied, and the coatings are applied from a container that has a volume of no more than 2.0 gallons.

(3) The spray is automated, that is, the spray gun is aimed and triggered automatically, not manually.

(4) The emissions from the surface coating process are directed to a VOC control system.

(5) The conventional air spray gun is used to apply coatings and the cumulative total usage of those coatings is no more than 5.0% of the total gallons of coating used during each semiannual reporting period.

(6) The conventional air spray gun is used to apply stain on a part for which the Department notifies the operator, in writing, of its determination that it is technically or economically infeasible to use any other spray application technology. To support the facility’s claim of technical or economic infeasibility, a videotape, a technical report or other documentation shall be submitted to the Department showing either independently or in combination, the following:

(i) The production speed is too high or the part shape is too complex for one operator to coat the part, and the application station is not large enough to accommodate an additional operator.

(ii) The excessively large vertical spray area of the part makes it difficult to avoid sagging or runs in the stain.

(h) Line cleaning. The solvent used for line cleaning shall be pumped or drained into a normally closed container.

(i) Spray gun cleaning. The solvent used to clean spray guns shall be collected into a normally closed container.

(j) Washoff operations. The emissions from washoff operations shall be controlled by the following:

(1) Using normally closed containers for washoff operations.

(2) Minimizing dripping by tilting or rotating the part to drain as much solvent as possible.

The provisions of this § 129.103 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.103 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); 25 Pa. Code § 129.102 (relating to emission standards); 25 Pa. Code § 129.104 (relating to compliance procedures and monitoring requirements); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.104 Compliance procedures and monitoring requirements.

(a) Compliance methods. An owner or operator of a facility subject to the emission standards in § 129.102 (relating to emission standards) shall demonstrate compliance with those provisions by using one or more of the following methods:

(1) To support that each sealer, topcoat and strippable spray booth coating meets the requirements of § 129.102(1) (relating to emission standards):

(i) Maintain CPDSs for each of the coatings.

(ii) Maintain documentation showing the VOC content of the as applied coating in lbs VOC/lb solids, if solvent or other VOC is added to the coating before application.

(iii) Perform sampling and testing in accordance with the procedures and test methods in Chapter 139 (relating to sampling and testing).

(2) To comply through the use of a control system as described in § 129.102(3):

(i) Calculate the required overall control efficiency needed to demonstrate compliance using the following equation:

Where:

C = the VOC content of the as applied coating, lbs VOC/lb solids

E = the Table IV emission limit which shall be achieved by the affected emission point(s), lbs VOC/lb solids

O = the overall control efficiency of the control system, expressed as a percentage

(ii) Document that the value of C in the equation in subparagraph (i) is obtained from the VOC and solids content of the as applied coating.

(iii) Determine the overall control efficiency of the control system using the procedures and test methods in Chapter 139 and demonstrate that the value of O calculated by the following equation is equal to or greater than the value of O calculated by the equation in subparagraph (i):

Where:

F = the control device efficiency, expressed as a fraction

N = the capture device efficiency, expressed as a fraction

(b) Initial compliance.

(1) Compliant coatings. An owner or operator of a facility subject to § 129.102(1) that is complying through the procedures in subsection (a)(1) shall submit an initial compliance status report as required by § 129.106(a) (relating to reporting requirements), stating that compliant sealers, topcoats and strippable spray booth coatings are being used by the facility.

(2) Continuous coaters. An owner or operator of a facility subject to § 129.102(1) that is complying through the procedures in subsection (a)(1) and is applying sealers, topcoats, or both, using continuous coaters shall demonstrate initial compliance by either:

(i) Submitting an initial compliance status report as required by § 129.106(a) stating that compliant sealers, topcoats, or both, as determined by the VOC content of the coating in the reservoir and as calculated from records, are being used.

(ii) Submitting an initial compliance status report as required by § 129.106(a) stating that compliant sealers, topcoats, or both, as determined by the VOC content of the coating in the reservoir, are being used and the viscosity of the coating in the reservoir is being monitored. The facility shall also provide data that demonstrates the correlation between the viscosity and the VOC content of the coating in the reservoir.

(3) Control systems. An owner or operator of a facility using a control system to comply with this section and § § 129.101—129.103 and 129.105—129.107 shall demonstrate initial compliance by submitting a report to the Department that:

(i) Identifies the operating parameter value to be monitored for the capture device and discusses why the parameter is appropriate for demonstrating ongoing compliance.

(ii) Includes the results of the initial performance testing using the procedures and test methods specified in Chapter 139.

(iii) Includes calculations of the overall control efficiency (O) using the equation in subsection (a)(2)(iii).

(iv) Defines those operating conditions of the control system critical to determining compliance and establishes operating parameter values that will ensure compliance with the standard:

(A) For compliance with a thermal incinerator, minimum combustion temperature shall be the operating parameter value.

(B) For compliance with another control system, the operating parameter value shall be established using the procedures identified in subsection (c)(3)(iv).

(v) An owner or operator of a facility complying with this paragraph shall calculate the site-specific operating parameter value as the arithmetic average of the maximum or minimum operating parameter values, as appropriate, that demonstrate compliance with the standards, using the procedures in Chapter 139.

(4) Work practice implementation plan. An owner or operator of a facility subject to the work practice standards of § 129.103 (relating to work practice standards) shall submit an initial compliance status report as required by § 129.106(a), stating that the work practice implementation plan has been developed and procedures have been established for implementing the provisions of the plan.

(c) Continuous compliance demonstrations. An owner or operator of a facility subject to the requirements of this section and § § 129.101—129.103 and 129.105—129.107 shall submit, in writing, to the Department a compliance certification with the semiannual report required by § 129.106(b).

(1) Compliant coatings. An owner or operator of a facility subject to § 129.102 that is complying through the procedures specified in subsection (a)(1) shall demonstrate continuous compliance by the following:

(i) Using compliant coatings.

(ii) Maintaining records that demonstrate the coatings are compliant.

(iii) Submitting a compliance certification which states that compliant sealers, topcoats, or both, and strippable spray booth coatings have been used each day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

(2) Continuous coaters. An owner or operator of a facility subject to § 129.102 that is complying through the procedures specified in subsection (a)(1) and is applying sealers, topcoats, or both, using continuous coaters shall demonstrate continuous compliance by either:

(i) Using compliant coatings as determined by the VOC content of the coating in the reservoir and as calculated from records, and submitting a compliance certification which states that compliant sealers, topcoats, or both, have been used each day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

(ii) Using compliant coatings, as determined by the VOC content of the coating in the reservoir, maintaining a viscosity of the coating in the reservoir that is no less than the viscosity of the initial coating by monitoring the viscosity with a viscosity meter or by testing the viscosity of the initial coating and retesting the viscosity of the coating in the reservoir each time solvent is added, maintaining records of solvent additions and submitting a compliance certification which states that compliant sealers, topcoats, or both, as determined by the VOC content of the coating in the reservoir, have been used each day in the semiannual reporting period. Additionally, the certification shall state that the viscosity of the coating in the reservoir has not been less than the viscosity of the initial coating, that is, the coating that is initially mixed and placed in the reservoir, for any day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

(3) Control systems. An owner or operator of a facility subject to § 129.102 that is complying through the use of a control system shall demonstrate continuous compliance by the following:

(i) Installing, calibrating, maintaining and operating monitoring equipment approved, in writing, by the Department.

(ii) Using a device to monitor the site-specific operating parameter value established in accordance with subsection (b)(3)(i).

(iii) When a thermal incinerator is used, a temperature monitoring device equipped with a continuous recorder is required and shall be installed in the firebox or in the ductwork immediately downstream of the firebox at a location before any substantial heat exchange occurs.

(iv) An owner or operator using a control system not listed in this section shall submit, in writing, to the Department a description of the system, test data verifying the performance of the system, the appropriate operating parameter values that will be monitored and the monitoring device that will be used to demonstrate continuous compliance with the standard and receive, in writing, the Department’s approval prior to use.

(v) An owner or operator of a facility may not operate the control system at a daily average value greater than or less than (as appropriate) the operating parameter value. The daily average value shall be calculated as the average of all values for a monitored parameter recorded during the operating day.

(vi) Submitting a compliance certification which states that the control system has not been operated at a daily average value greater than or less than (as appropriate) the operating parameter value for each day in the semiannual reporting period or should otherwise identify the days of noncompliance and the reasons for noncompliance.

(4) Work practice implementation plan. An owner or operator of a facility subject to the work practice standards of § 129.103 shall demonstrate continuous compliance by following the work practice implementation plan and submitting a compliance certification which states that the work practice implementation plan is being followed, or should otherwise identify the periods of noncompliance with the work practice standards and the reasons for noncompliance.

(d) Compliance certification requirements. The compliance certification shall be signed by a responsible official of the company that owns or operates the facility. In addition to the certification requirements of this section, the certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the documents are true, accurate and complete.

The provisions of this § 129.104 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.104 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); 25 Pa. Code § 129.102 (relating to emission standards); 25 Pa. Code § 129.103 (relating to work practice standards); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.106 (relating to reporting requirements); 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.105 Recordkeeping requirements.

(a) Requirement. The owner or operator of a wood furniture manufacturing operation shall keep records to demonstrate compliance with this section and § § 129.101—129.104, 129.106 and 129.107. The records shall be maintained for at least 5 years.

(b) Compliant coatings. The following records shall be maintained to demonstrate compliance with § 129.102 (relating to emission standards).

(1) A certified product data sheet for each coating and strippable spray booth coating subject to the emission limits of § 129.102.

(2) The VOC content as applied, lbs VOC/lb solids (kg VOC/kg solids), of each coating and strippable spray booth coating subject to the emission limits of § 129.102, and copies of data sheets documenting how the as applied values were determined.

(c) Continuous coaters. The owner or operator of a facility subject to the emission limits of § 129.102 that is complying through the procedures specified in § 129.104(a)(1) (relating to compliance procedures and monitoring requirements) and is applying sealers, topcoats, or both, using continuous coaters shall maintain the records required by subsections (a) and (b) and records of the following:

(1) Solvent and coating additions to the continuous coater reservoir.

(2) Viscosity measurements.

(d) Control systems. The owner or operator of a facility complying through the procedures in § 129.104(a)(2) by using a control system shall maintain the following records:

(1) Copies of the calculations to support the equivalency of using a control system, as well as the data that are necessary to support the calculation of C and E in § 129.104(a)(2)(i) and O in § 129.104(a)(2)(iii).

(2) Records of the daily average value of each continuously monitored parameter for each operating day. If all recorded values for a monitored parameter are within the range established during the initial performance test, the owner or operator may record that all values were within the range rather than calculating and recording an average for that day.

(e) Work practice implementation plan. The owner or operator of a facility subject to the work practice standards of § 129.103 (relating to work practice standards) shall maintain onsite copies of the work practice implementation plan and all records associated with fulfilling the requirements of that plan, including:

(1) Records demonstrating that the operator training program is in place.

(2) Records maintained in accordance with the leak inspection and maintenance plan.

(3) Records associated with the cleaning and washoff solvent accounting system.

(4) Records associated with the limitation on the use of conventional air spray guns showing total coating usage and the percentage of coatings applied with conventional air spray guns for each semiannual reporting period.

(5) Records showing the VOC content of compounds used for cleaning booth components, except for solvent used to clean conveyors, continuous coaters and their enclosures or metal filters.

(6) Copies of logs and other documentation developed to demonstrate that the other provisions of the work practice implementation plan are followed.

(f) In addition to the recordkeeping requirements of subsection (a), the owner or operator of a facility that complies with § 129.103 or § 129.104(a)(1) shall maintain a copy of the compliance certifications submitted in accordance with § 129.106(b) (relating to reporting requirements) for each semiannual period following the compliance date.

(g) The owner or operator of a facility shall maintain a copy of the other information submitted with the initial status report required by § 129.106(a) and the semiannual reports required by § 129.106(b).

The provisions of this § 129.105 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.105 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); 25 Pa. Code § 129.102 (relating to emission standards); 25 Pa. Code § 129.103 (relating to work practice standards); 25 Pa. Code § 129.104 (relating to compliance procedures and monitoring requirements); 25 Pa. Code § 129.107 (relating to special provisions for facilities using an emissions averaging approach); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.106 Reporting requirements.

(a) Initial compliance report date. The initial compliance report shall be submitted to the Department within 60 days after the compliance date specified in § 129.101(b) and (c) (relating to general provisions and applicability). The report shall include the items required by § 129.104(b) (relating to compliance procedures and monitoring requirements).

(b) Semiannual compliance report dates. When demonstrating compliance in accordance with § 129.104(a)(1) or (2), a semiannual report covering the previous 6 months of wood furniture manufacturing operations shall be submitted to the Department according to the following schedule:

(1) The first report shall be submitted within 30 calendar days after the end of the first 6-month period following the compliance date specified in § 129.101(b) and (c).

(2) Subsequent reports shall be submitted within 30 calendar days after the end of each 6-month period following the first report.

(3) Each semiannual report shall include the information required by § 129.104(c) and (d), a statement of whether the facility was in compliance or noncompliance and, if the facility was in noncompliance, the measures taken to bring the facility into compliance.

The provisions of this § 129.106 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.106 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); 25 Pa. Code § 129.102 (relating to emission standards); 25 Pa. Code § 129.103 (relating to work practice standards); 25 Pa. Code § 129.104 (relating to compliance procedures and monitoring requirements); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); 25 Pa. Code § 129.106 (relating to reporting requirements); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.107 Special provisions for facilities using an emissions averaging approach.

(a) Emissions averaging approach. An owner or operator of a facility subject to the emission limitations in § 129.102 (relating to emission standards) may use an emissions averaging approach which meets the equivalency requirements in § 129.51(a) (relating to general) to achieve compliance with § 129.52 (relating to surface coating processes) or this section and § § 129.101—129.106.

(b) Additional requirement. When complying with the requirements of § 129.52 or this section and § § 129.101—129.106 through emissions averaging, an additional 10% reduction in emissions shall be achieved when compared to a facility using a compliant coatings approach to meet the requirements of this section and § § 129.101—129.106.

(c) Program goals and rationale. When using an emissions averaging program, the following shall be submitted to the Department in writing:

(1) A summary of the reasons why the facility would like to comply with the emission limitations through an equivalency determination using emissions averaging procedures.

(2) A summary of how averaging can be used to meet the emission limitations.

(d) Program scope. A description of the types of coatings that will be included in the facility’s emissions averaging program shall also be submitted to the Department in writing:

(1) Stains, basecoats, washcoats, sealers and topcoats may all be used in the emissions averaging program.

(2) The owner or operator of the facility may choose other coatings for its emissions averaging program, if the program meets the equivalency requirements in § 129.51(a).

(3) Coatings that are applied using continuous coaters may only be used in an emissions averaging program if the owner or operator of the facility can determine the amount of coating used each day.

(4) A daily averaging period shall be used, except under the following conditions:

(i) A longer averaging period may be used if the owner or operator of the facility demonstrates in writing to the satisfaction of the Department that the emissions do not fluctuate significantly on a day-to-day basis.

(ii) The owner or operator of the facility requests in writing and the Department approves in writing the longer averaging period.

(e) Program baseline. The baseline for each coating included in the emissions averaging program shall be the lower of the actual or allowable emission rate as of June 10, 2000. The facility baseline emission rate may not be higher than what was presumed in the 1990 emissions inventory for the facility unless the Department has accounted for the increase in emissions as growth.

(f) Quantification procedures. The emissions averaging program shall specify methods and procedures for quantifying emissions. Quantification procedures for VOC content are included in Chapter 139 (relating to sampling and testing). The quantification procedures shall also include methods to determine the usage of each coating and shall be accurate enough to ensure that the facility’s actual emissions are less than the allowable emissions.

(g) Monitoring, recordkeeping and reporting. A written summary of the monitoring, recordkeeping and reporting procedures that will be used to demonstrate compliance on a daily basis, when using an emissions averaging approach, shall be submitted to the Department.

(1) The monitoring, recordkeeping and reporting procedures shall be structured so that inspectors and facility owners or operators can determine a facility’s compliance status for any day.

(2) The monitoring, recordkeeping and reporting procedures shall include methods for determining required data when monitoring, recordkeeping and reporting violations result in missing, inadequate or erroneous monitoring and recordkeeping.

The provisions of this § 129.107 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.107 adopted June 9, 2000, effective June 10, 2000, 30 Pa.B. 2995.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes); 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.101 (relating to general provisions and applicability); 25 Pa. Code § 129.102 (relating to emission standards); 25 Pa. Code § 129.103 (relating to work practice standards); 25 Pa. Code § 129.104 (relating to compliance procedures and monitoring requirements); 25 Pa. Code § 129.105 (relating to recordkeeping requirements); and 25 Pa. Code § 129.111 (relating to applicability).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.111 Applicability.

(a) Except as specified in subsection (c), the NOx requirements of this section and § § 129.112—129.115 apply Statewide to the owner and operator of a major NOx 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 NOx requirements of this section and § § 129.112—129.115 apply Statewide to the owner and operator of a NOx 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 NOx 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 NOx air contamination source that has the potential to emit less than 1 TPY of NOx located at a major NOx 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 NOx 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 NOx emitting facility or a major VOC emitting facility after December 31, 2022, then the owner and operator shall comply with subsection (b).

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)).

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

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 Nox 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).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.112 Presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule.

(a) The owner and operator of a source listed in one or more of subsections (b)—(k) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 (relating to applicability) shall comply with the applicable presumptive RACT requirement or RACT emission limitation, or both, beginning with the specified compliance date as follows, unless an alternative compliance schedule is submitted and approved under subsections (n)—(p) or § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule):

(1) January 1, 2023, for a source subject to § 129.111(a).

(2) January 1, 2023, or 1 year after the date the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.111(b).

(b) The owner and operator of a source listed in this subsection that is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 shall comply with the applicable presumptive RACT requirements in paragraph (1) and recordkeeping and reporting requirements in paragraph (2).

(1) The owner or operator of a:

(i) Combustion unit or process heater with a rated heat input equal to or greater than 20 million Btu/hour and less than 50 million Btu/hour shall conduct a biennial tune-up in accordance with the procedures in 40 CFR 63.11223 (relating to how do I demonstrate continuous compliance with the work practice and management practice standards?).

(A) Each biennial tune-up shall occur not less than 3 months and not more than 24 months after the date of the previous tune-up.

(B) The biennial tune-up must include, at a minimum, the following:

(I) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.

(II) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.

(III) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.

(ii) Combustion unit or process heater with an oxygen trim system that maintains an optimum air-to-fuel ratio that would otherwise be subject to a biennial tune-up shall conduct a tune-up of the boiler one time in each 5-year calendar period in accordance with the following:

(A) Each tune-up shall occur not less than 3 months and not more than 60 months after the date of the previous tune-up.

(B) The tune-up must include, at a minimum, the following:

(I) Inspection and cleaning or replacement of fuel-burning equipment, including the burners and components, as necessary, for proper operation as specified by the manufacturer.

(II) Inspection of the flame pattern and adjustment of the burner, as necessary, to optimize the flame pattern to minimize total emissions of NOx and, to the extent possible, emissions of CO.

(III) Inspection and adjustment, as necessary, of the air-to-fuel ratio control system to ensure proper calibration and operation as specified by the manufacturer.

(2) The applicable recordkeeping and reporting requirements of § 129.115(f) and (i) (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).

(3) Compliance with the applicable presumptive RACT requirements in paragraph (1) and recordkeeping and reporting requirements in paragraph (2) assures compliance with the provisions in § § 129.93(b)(2), (3), (4) and (5) and 129.97(b)(1), (2) and (3) (relating to presumptive RACT emissions limitations; and presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule).

(c) The owner and operator of a source listed in this subsection that is located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 shall install, maintain and operate the source in accordance with the manufacturer’s specifications and with good operating practices:

(1) A NOx air contamination source that has the potential to emit less than 5 TPY of NOx.

(2) A VOC air contamination source that has the potential to emit less than 2.7 TPY of VOC.

(3) A natural gas compression and transmission facility fugitive VOC air contamination source that has the potential to emit less than 2.7 TPY of VOC.

(4) A boiler or other combustion source with an individual rated gross heat input less than 20 million Btu/ hour.

(5) A combustion turbine with a rated output less than 1,000 bhp.

(6) A lean burn stationary internal combustion engine rated at less than 500 bhp (gross).

(7) A rich burn stationary internal combustion engine rated at less than 100 bhp (gross).

(8) An incinerator, thermal oxidizer, catalytic oxidizer or flare used primarily for air pollution control.

(9) A fuel-burning unit with an annual capacity factor of less than 5%.

(i) For a combustion unit, the annual capacity factor is the ratio of the unit’s heat input (in million Btu or equivalent units of measure) to the unit’s maximum rated hourly heat input rate (in million Btu/hour or equivalent units of measure) multiplied by 8,760 hours during a period of 12 consecutive calendar months.

(ii) For an electric generating unit, the annual capacity factor is the ratio of the unit’s actual electric output (expressed in MWe/hr) to the unit’s nameplate capacity (or maximum observed hourly gross load (in MWe/hr) if greater than the nameplate capacity) multiplied by 8,760 hours during a period of 12 consecutive calendar months.

(iii) For any other unit, the annual capacity factor is the ratio of the unit’s actual operating level to the unit’s potential operating level during a period of 12 consecutive calendar months.

(10) An emergency standby engine operating less than 500 hours in a 12-month rolling period.

(11) An electric arc furnace.

(d) Except as specified in subsection (c), the owner and operator of a combustion unit, brick kiln, cement kiln, lime kiln, glass melting furnace or combustion source located at a major VOC emitting facility subject to § 129.111 shall install, maintain and operate the source in accordance with the manufacturer’s specifications and with good operating practices for the control of the VOC emissions from the combustion unit, brick kiln, cement kiln, lime kiln, glass melting furnace or combustion source.

(e) The owner and operator of a municipal solid waste landfill subject to § 129.111 shall comply with the following applicable presumptive RACT requirements. The owner or operator of a:

(1) Municipal solid waste landfill constructed, reconstructed or modified on or before July 17, 2014, that has not been modified or reconstructed since July 17, 2014, shall comply with the Federal plan for municipal solid waste landfills in 40 CFR Part 62, Subpart OOO (relating to federal plan requirements for municipal solid waste landfills that commenced construction on or before July 17, 2014 and have not been modified or reconstructed since July 17, 2014).

(2) Municipal solid waste landfill constructed, reconstructed or modified on or after July 18, 2014, shall comply with the New Source Performance Standards in 40 CFR Part 60, Subpart XXX (relating to standards of performance for municipal solid waste landfills that commenced construction, reconstruction, or modification after July 17, 2014), which are adopted and incorporated by reference in § 122.3 (relating to adoption of standards).

(f) The owner and operator of a municipal waste combustor subject to § 129.111 shall comply with the presumptive RACT emission limitation of 110 ppmvd NOx @ 7% oxygen.

(g) Except as specified in subsection (c), the owner and operator of a NOx air contamination source listed in this subsection that is located at a major NOx emitting facility or a VOC air contamination source listed in this subsection that is located at a major VOC emitting facility subject to § 129.111 may not cause, allow or permit NOx or VOCs to be emitted from the air contamination source in excess of the applicable presumptive RACT emission limitation specified in the following paragraphs:

(1) The owner or operator of:

(i) A natural gas-fired, propane-fired or liquid petroleum gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.10 lb NOx/million Btu heat input.

(ii) A distillate oil-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.12 lb NOx/million Btu heat input.

(iii) A residual oil-fired or other liquid fuel-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.20 lb NOx/million Btu heat input.

(iv) A refinery gas-fired combustion unit or process heater with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.25 lb NOx/million Btu heat input.

(v) A coal-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour and less than 250 million Btu/hour shall comply with 0.45 lb NOx/million Btu heat input.

(vi) A circulating fluidized bed combustion unit firing waste products of coal mining, physical coal cleaning and coal preparation operations that contain coal, matrix material, clay and other organic and inorganic material with a rated heat input equal to or greater than 250 million Btu/hour shall comply with the following presumptive RACT requirements and RACT emission limitations as applicable:

(A) 0.16 lb NOx/million Btu heat input when firing primarily bituminous waste such as gob.

(B) 0.16 lb NOx/million Btu heat input when firing primarily anthracite waste such as culm.

(C) Control the NOx emissions each operating day by operating the installed air pollution control technology and combustion controls at all times consistent with the technological limitations, manufacturer’s specifications, good engineering and maintenance practices and good air pollution control practices for controlling emissions.

(vii) A solid fuel-fired combustion unit that is not a coal-fired combustion unit with a rated heat input equal to or greater than 50 million Btu/hour shall comply with 0.25 lb NOx/million Btu heat input.

(2) The owner or operator of a:

(i) Combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 4,100 bhp shall comply with the following presumptive RACT emission limitations as applicable:

(A) 120 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(B) 5 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(C) 150 ppmvd NOx @ 15% oxygen when firing fuel oil.

(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.

(ii) Combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 4,100 bhp and less than 180 MW shall comply with the following presumptive RACT emission limitations as applicable:

(A) 42 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(B) 5 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(C) 96 ppmvd NOx @ 15% oxygen when firing fuel oil.

(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.

(iii) Combined cycle or combined heat and power combustion turbine with a rated output equal to or greater than 180 MW shall comply with the following presumptive RACT emission limitations as applicable:

(A) 4 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(B) 2 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(C) 8 ppmvd NOx @ 15% oxygen when firing fuel oil.

(D) 2 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.

(iv) Simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 1,000 bhp and less than 4,100 bhp shall comply with the following presumptive RACT emission limitations as applicable:

(A) 120 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(B) 9 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(C) 150 ppmvd NOx @ 15% oxygen when firing fuel oil.

(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.

(v) Simple cycle or regenerative cycle combustion turbine with a rated output equal to or greater than 4,100 bhp and less than 60,000 bhp shall comply with the following presumptive RACT emission limitations as applicable:

(A) 42 ppmvd NOx @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(B) 9 ppmvd VOC (as propane) @ 15% oxygen when firing natural gas or a noncommercial gaseous fuel.

(C) 96 ppmvd NOx @ 15% oxygen when firing fuel oil.

(D) 9 ppmvd VOC (as propane) @ 15% oxygen when firing fuel oil.

(3) The owner or operator of a:

(i) Lean burn stationary internal combustion engine with a rating equal to or greater than 500 bhp and less than 3,500 bhp shall comply with the following presumptive RACT emission limitations as applicable:

(A) 3.0 grams NOx/bhp-hr when firing natural gas or a noncommercial gaseous fuel.

(B) 0.5 gram VOC/bhp-hr excluding formaldehyde when firing natural gas or a noncommercial gaseous fuel, liquid fuel or dual-fuel.

(ii) Lean burn stationary internal combustion engine with a rating equal to or greater than 3,500 bhp shall comply with the following presumptive RACT emission limitations as applicable:

(A) 0.6 gram NOx/bhp-hr when firing natural gas or a noncommercial gaseous fuel.

(B) 0.5 gram VOC/bhp-hr excluding formaldehyde when firing natural gas or a noncommercial gaseous fuel, liquid fuel or dual-fuel.

(iii) Stationary internal combustion engine with a rating equal to or greater than 500 bhp shall comply with 1.6 grams NOx/bhp-hr when firing liquid fuel or dual-fuel.

(iv) Rich burn stationary internal combustion engine with a rating equal to or greater than 100 bhp shall comply with the following presumptive RACT emission limitations as applicable:

(A) 2.0 gram NOx/bhp-hr when firing natural gas or a noncommercial gaseous fuel.

(B) 0.5 gram VOC/bhp-hr when firing natural gas or a noncommercial gaseous fuel.

(4) Except as specified in subparagraph (ii), the owner or operator of a unit firing multiple fuels shall comply with:

(i) The applicable RACT multiple fuel emission limit determined on a total heat input fuel weighted basis in accordance with the following:

(A) Using the following equation:

n i = 1 EiHIiEHIweighted =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.113 Facility-wide or system-wide NOx emissions averaging plan general requirements.

(a) The owner or operator of a major NOx emitting facility subject to § 129.111 (relating to applicability) that includes at least one air contamination source subject to a NOx 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 NOx RACT emission limitation may elect to meet the applicable NOx RACT emission limitation in § 129.112 by averaging NOx 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 NOx 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 NOx emitting facility, whichever is later, for a source subject to § 129.111(b).

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

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

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

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

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

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

(3) Deny or modify the NOx 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 NOx 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 NOx emissions averaging plan.

(j) The owner or operator of an air contamination source or facility included in the facility-wide or system-wide NOx emissions averaging plan submitted in accordance with subsections (b)—(g) shall submit the reportsand 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 NOx 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 NOx RACT emission limitations may not substitute those emission reductions for the emission reductions required by the facility-wide or system-wide NOx 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 NOx RACT emission limitation in § 129.112 that is not included in a facility-wide or system-wide NOx emissions averaging plan submitted under subsection (b) shall operate the source in compliance with the applicable NOx RACT emission limitation in § 129.112.

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

(n) The Department will submit each NOx 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.

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)).

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

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.111 (relating to applicability); 25 Pa. Code § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.114 Alternative RACT proposal and petition for alternative compliance schedule.

(a) The owner or operator of an air contamination source subject to § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) located at a major NOx emitting facility or major VOC emitting facility subject to § 129.111 (relating to applicability) that cannot meet the applicable presumptive RACT requirement or RACT emission limitation of § 129.112 may propose an alternative RACT requirement or RACT emission limitation in accordance with subsection (d).

(b) The owner or operator of a NOx air contamination source with a potential emission rate equal to or greater than 5.0 tons of NOx per year that is not subject to § 129.112 or § § 129.201—129.205 (relating to additional NOx requirements) located at a major NOx emitting facility subject to § 129.111 shall propose a NOx RACT requirement or RACT emission limitation in accordance with subsection (d).

(c) The owner or operator of a VOC air contamination source with a potential emission rate equal to or greater than 2.7 tons of VOC per year that is not subject to § 129.112 located at a major VOC emitting facility subject to § 129.111 shall propose a VOC RACT requirement or RACT emission limitation in accordance with subsection (d).

(d) The owner or operator proposing an alternative RACT requirement or RACT emission limitation under subsection (a), (b) or (c) shall:

(1) Submit a RACT proposal in writing or electronically in accordance with the procedures in § 129.92(a)(1)—(5), (7)—(10) and (b) (relating to RACT proposal requirements) to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:

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

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

(2) Be in receipt of an approval issued by the Department or appropriate approved local air pollution control agency in writing through a plan approval or operating permit modification for a RACT proposal submitted under paragraph (1)(ii) prior to the installation, modification or change in the operation of the existing air contamination source that will result in the source or facility meeting the definition of a major NOx emitting facility or major VOC emitting facility.

(3) Include in the RACT proposal the proposed alternative NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation developed in accordance with the procedures in § 129.92(a)(1)—(5) and (b).

(4) Include in the RACT proposal a schedule for completing implementation of the RACT requirement or RACT emission limitation as soon as possible but not later than:

(i) November 12, 2023, for a source subject to § 129.111(a).

(ii) November 12, 2023, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.111(b).

(5) Include interim dates in the schedule required under paragraph (4) for the:

(i) Issuance of purchase orders.

(ii) Start and completion of process, technology and control technology changes.

(iii) Completion of compliance testing.

(6) Include in the RACT proposal 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 air contamination source included in the RACT proposal.

(7) Demonstrate to the satisfaction of the Department or the appropriate approved local air pollution control agency that the proposed requirement or RACT emission limitation is RACT for the air contamination source.

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

(1) Review the timely and complete alternative RACT proposal submitted in accordance with subsection (d).

(2) Approve the alternative RACT proposal submitted under subsection (d), in writing, if the Department or appropriate approved local air pollution control agency is satisfied that the alternative RACT proposal complies with the requirements of subsection (d) and that the proposed alternative requirement or RACT emission limitation is RACT for the air contamination source.

(3) Deny or modify the alternative RACT proposal submitted under subsection (d), in writing, if the proposal does not comply with the requirements of subsection (d).

(f) The proposed alternative RACT requirement or RACT emission limitation and the implementation schedule submitted under subsection (d) will be approved, denied or modified under subsection (e) 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 alternative RACT requirement or RACT emission limitation.

(g) The emission limit and requirements specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (f) supersede the emission limit and requirements in the existing plan approval or operating permit issued to the owner or operator of the source prior to November 12, 2022, on the date specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (f), except to the extent the existing plan approval or operating permit contains more stringent requirements.

(h) The Department will submit each alternative RACT requirement or RACT emission limitation approved under subsection (f) 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.

(i) An owner or operator subject to subsection (a), (b) or (c) and § 129.99 that has not modified or changed a source that commenced operation on or before October 24, 2016, and has not installed and commenced operation of a new source after October 24, 2016, may, in place of the alternative RACT requirement or RACT emission limitation required under subsection (d), submit an analysis, certified by the responsible official, in writing or electronically to the Department or appropriate approved local air pollution control agency on or before December 31, 2022, that demonstrates that compliance with the alternative RACT requirement or RACT emission limitation approved by the Department or appropriate approved local air pollution control agency under § 129.99(e) (relating to alternative RACT proposal and petition for alternative compliance schedule) assures compliance with the provisions in subsections (a)—(c) and (e)—(h), except for sources subject to § 129.112(c)(11) or (i)—(k).

(1) The owner or operator of a subject source or facility that evaluates and determines that there is no new pollutant specific air cleaning device, air pollution control technology or technique available at the time of submittal of the analysis and that each technically feasible air cleaning device, air pollution control technology or technique evaluated for the alternative RACT requirement or RACT emission limitation approved by the Department or appropriate approved local air pollution control agency under § 129.99(e) had a cost effectiveness:

(i) Equal to or greater than $7,500 per ton of NOx emissions reduced or $12,000 per ton of VOC emissions reduced shall include the following information in the analysis:

(A) A statement that explains how the owner or operator determined that there is no new pollutant specific air cleaning device, air pollution control technology or technique available.

(B) A list of the technically feasible air cleaning devices, air pollution control technologies or techniques previously identified and evaluated under § 129.92(b)(1)—(3) included in the written RACT proposal submitted under § 129.99(d) and approved by the Department or appropriate approved local air pollution control agency under § 129.99(e).

(C) A summary of the economic feasibility analysis performed for each technically feasible air cleaning device, air pollution control technology or technique listed in clause (B) and the cost effectiveness of each technically feasible air cleaning device, air pollution control technology or technique as submitted previously under § 129.99(d) or as calculated consistent with the ‘‘EPA Air Pollution Control Cost Manual’’ (6th Edition), EPA/452/B-02-001, January 2002, as amended.

(D) A statement that an evaluation of each economic feasibility analysis summarized in clause (C) demonstrates that the cost effectiveness remains equal to or greater than $7,500 per ton of NOx emissions reduced or $12,000 per ton of VOC emissions reduced.

(E) Additional information requested by the Department or appropriate approved local air pollution control agency that may be necessary for the evaluation of the analysis.

(ii) Less than $7,500 per ton of NOX emissions reduced or $12,000 per ton of VOC emissions reduced shall include the following information in the analysis:

(A) A statement that explains how the owner or operator determined that there is no new pollutant specific air cleaning device, air pollution control technology or technique available.

(B) A list of the technically feasible air cleaning devices, air pollution control technologies or techniques previously identified and evaluated under § 129.92(b)(1)—(3) in the written RACT proposal submitted under § 129.99(d) and approved by the Department or appropriate approved local air pollution control agency under § 129.99(e).

(C) A summary of the economic feasibility analysis performed for each technically feasible air cleaning device, air pollution control technology or technique listed in clause (B) and the cost effectiveness of each technically feasible air cleaning device, air pollution control technology or technique as submitted previously under § 129.99(d) or as calculated consistent with the ‘‘EPA Air Pollution Control Cost Manual’’ (6th Edition), EPA/452/B-02-001, January 2002, as amended.

(D) A statement that an evaluation of each economic feasibility analysis summarized in clause (C) demonstrates that the cost effectiveness remains less than $7,500 per ton of NOx emissions reduced or $12,000 per ton of VOC emissions reduced.

(E) A new economic feasibility analysis for each technically feasible air cleaning device, air pollution control technology or technique listed in clause (B) in accordance with § 129.92(b)(4).

(F) Additional information requested by the Department or appropriate approved local air pollution control agency that may be necessary for the evaluation of the analysis.

(2) The owner or operator of a subject source or facility that evaluates and determines that there is a new or upgraded pollutant specific air cleaning device, air pollution control technology or technique available at the time of submittal of the analysis shall:

(i) Perform a technical feasibility analysis and an economic feasibility analysis in accordance with § 129.92(b).

(ii) Submit the analyses performed under subparagraph (i) to the Department or appropriate approved local air pollution control agency for review.

(iii) Provide additional information requested by the Department or appropriate approved local air pollution control agency that may be necessary for the evaluation of the analysis.

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

(1) Review the analyses submitted in accordance with subsection (i).

(2) Publish notice in the Pennsylvania Bulletin and newspapers of general circulation for a minimum 30-day public comment period and an opportunity for a public hearing for the analyses submitted under subsection (i) and supporting documentation.

(3) Prepare a summary of the public comments received on the analyses and responses to the comments.

(4) As appropriate, issue the necessary plan approvals and operating permit modifications in conformance with Chapter 127 for the analyses reviewed under paragraph (1).

(k) The Department will submit the following information to the Administrator of the EPA for approval as a revision to the Commonwealth’s SIP.

(1) The analyses, supporting documentation and summary of public comments and responses described in subsection (j)(2) and (3).

(2) The plan approvals and operating permit modifications issued under subsection (j)(4).

(l) The owner and operator of a facility proposing to comply with the applicable RACT requirement or RACT emission limitation under subsection (a), (b) or (c) through the installation of an air cleaning device may submit a petition, in writing or electronically, requesting an alternative compliance schedule in accordance with the following:

(1) The petition requesting an alternative compliance schedule shall be submitted to the Department or appropriate approved local air pollution control agency as soon as possible but not later than:

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

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

(2) The petition must include:

(i) A description, including make, model and location, of each air contamination source subject to a RACT requirement or RACT emission limitation in one or more of subsections (a)—(c).

(ii) A description of the proposed air cleaning device to be installed.

(iii) A schedule containing proposed interim dates for completing each phase of the required work to install the air cleaning device described in subparagraph (ii).

(iv) A proposed interim emission limitation that will be imposed on the affected air contamination source until compliance is achieved with the applicable RACT requirement or RACT emission limitation.

(v) A proposed final compliance date that is as soon as possible but not later than 3 years after the approval of the petition by the Department or the appropriate approved local air pollution control agency. If the petition is for the replacement of an existing source, the final compliance date will be determined on a case-by-case basis. The approved petition shall be incorporated in an applicable operating permit or plan approval.

(m) The Department or appropriate approved local air pollution control agency will review the timely and complete petition requesting an alternative compliance schedule submitted in accordance with subsection (l) and approve or deny the petition in writing.

(n) The emission limit and requirements specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (m) supersede the emission limit and requirements in the existing plan approval or operating permit issued to the owner or operator of the source prior to November 12, 2022, on the date specified in the plan approval or operating permit issued by the Department or appropriate approved local air pollution control agency under subsection (m), except to the extent the existing plan approval or operating permit contains more stringent requirements.

(o) Approval or denial under subsection (m) of the timely and complete petition for an alternative compliance schedule submitted under subsection (l) will be effective on the date the letter of approval or denial of the petition is signed by the authorized representative of the Department or appropriate approved local air pollution control agency.

(p) The Department will submit each petition for an alternative compliance schedule approved under subsection (m) to the Administrator of the EPA for approval as a revision to the Commonwealth’s 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.

The provisions of this § 129.114 added under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § § 4005(a)(1) and (8)).

The provisions of this § 129.114 added November 11, 2022, effective November 12, 2022, 52 Pa.B. 6960.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.111 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.115 (relating to written notification, compliance demonstration and recordkeeping and reporting requirements).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.115 Written notification, compliance demonstration and recordkeeping and reporting requirements.

(a) The owner and operator of an air contamination source subject to this section and § 129.111 (relating to applicability) shall submit a notification, in writing or electronically, to the appropriate Regional Manager or the appropriate approved local air pollution control agency that proposes how the owner and operator intend to comply with the requirements of this section and § § 129.111—129.114.

(1) The notification shall be submitted to the appropriate Regional Manager or appropriate approved local air pollution control agency as soon as possible but not later than:

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

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

(2) This notification shall identify the air contamination sources in § 129.111(a) as one of the following:

(i) Subject to a RACT requirement or RACT emission limitation in § § 129.112—129.114.

(ii) Exempted from § § 129.112—129.114.

(3) The air contamination sources identified in § 129.111(b) as one of the following:

(i) Subject to a RACT requirement or RACT emission limitation in § § 129.112—129.114.

(ii) Exempted from § § 129.112—129.114.

(4) The air contamination sources identified in § 129.111(c) that have a potential to emit less than 1 TPY of NOx located at a major NOx emitting facility subject to § 129.111(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 § 129.111(a) or (b).

(5) The following information for each air contamination source listed in paragraph (2):

(i) A description, including make, model and location, of each source.

(ii) The applicable RACT requirement or RACT emission limitation, or both, in § § 129.112—129.114 for each source listed in accordance with paragraph (2)(i).

(iii) How the owner or operator shall comply with subparagraph (ii) for each source listed in subparagraph (i).

(iv) The reason why the source is exempt from the RACT requirements and RACT emission limitations in § § 129.112—129.114 for each source listed in accordance with paragraph (2)(ii).

(6) The following information for each air contamination source listed in paragraph (3):

(i) A description, including make, model and location, of each source.

(ii) The applicable RACT requirement or RACT emission limitation, or both, in § § 129.112—129.114 for each source listed in paragraph (3)(i).

(iii) How the owner or operator shall comply with subparagraph (ii) for each source listed in subparagraph (i).

(iv) The reason why the source is exempt from the RACT requirements and RACT emission limitations in § § 129.112—129.114 for each source listed in accordance with paragraph (3)(ii).

(7) The following information for each air contamination source listed in paragraph (4):

(i) A description, including make, model and location, of each source.

(ii) Information sufficient to demonstrate that the source has a potential to emit less than 1 TPY of NOx or 1 TPY of VOC, as applicable.

(b) Except as specified in subsection (d), the owner and operator of an air contamination source subject to a NOx RACT requirement or RACT emission limitation or VOC RACT requirement or RACT emission limitation, or both, listed in § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation by performing the following monitoring or testing procedures:

(1) For an air contamination source with a CEMS, monitoring and testing in accordance with the requirements of Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) using a 30-operating day rolling average, except for municipal waste combustors subject to § 129.112(f), combustion units or process heaters subject to § 129.112(g)(1) and direct-fired heaters, furnaces, ovens or other combustion sources subject to § 129.112(k).

(i) A 30-operating day rolling average emission rate for each applicable RACT emission limitation shall be calculated for an affected air contamination source for each consecutive operating day.

(ii) Each 30-operating day rolling average emission rate for an affected air contamination source must include the emissions that occur during the entire operating day, including emissions from start-ups, shutdowns and malfunctions.

(2) For a Portland cement kiln with a CEMS, monitoring of clinker production rates in accordance with 40 CFR 63.1350(d) (relating to monitoring requirements).

(3) For a municipal waste combustor with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average. The daily average will be considered valid if it contains at least 18 valid hourly averages reported at any time during the calendar day as required in the quality assurance section of the continuous source monitoring manual.

(4) For a combustion unit or process heater subject to § 129.112(g)(1) with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.

(i) The daily average shall be calculated by summing the total pounds of pollutant emitted for the calendar day and dividing that value by the total heat input to the source for the same calendar day.

(ii) The daily average for the source shall include all emissions that occur during the entire day.

(5) For a direct-fired heater, furnace, oven or other combustion source subject to § 129.112(k) with a CEMS, monitoring and testing in accordance with the requirements in Chapter 139, Subchapter C, using a daily average.

(6) For an air contamination source without a CEMS, monitoring and testing in accordance with an emissions source test approved by the Department or appropriate approved local air pollution control agency that meets the requirements of Chapter 139, Subchapter A (relating to sampling and testing methods and procedures). The source test shall be conducted to demonstrate initial compliance and subsequently on a schedule set forth in the applicable permit.

(c) The owner or operator of a combined cycle combustion turbine may comply with the requirements in § 129.112(g)(2)(iii) on a mass-equivalent basis. The actual emissions during the compliance period must be less than the allowable emissions during the compliance period. The allowable emissions are calculated by multiplying actual heat input in million Btu during the compliance period by the following:

(1) 0.015 lb NOx/million Btu for sources subject to § 129.112(g)(2)(iii)(A).

(2) 0.0070 lb VOC/million Btu for sources subject to § 129.112(g)(2)(iii)(B).

(3) 0.031 lb NOx/million Btu for sources subject to § 129.112(g)(2)(iii)(C).

(4) 0.0074 lb VOC/million Btu for sources subject to § 129.112(g)(2)(iii)(D).

(d) Except as specified in § 129.112(n) and § 129.114(l) (relating to alternative RACT proposal and petition for alternative compliance schedule), the owner and operator of an air contamination source subject to subsection (b) shall demonstrate compliance with the applicable RACT requirement or RACT emission limitation in accordance with the procedures in subsection (b) not later than:

(1) January 1, 2023, for a source subject to § 129.111(a) (relating to applicability).

(2) January 1, 2023, or 1 year after the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.111(b).

(e) An owner or operator of an air contamination source subject to this section and § § 129.111, 129.112 and 129.113 (relating to facility-wide or system-wide NOx emissions averaging plan general requirements) may request a waiver from the requirement to demonstrate compliance with the applicable emission limitation listed in § 129.112 if the following requirements are met:

(1) The request for a waiver is submitted, in writing or electronically, to the Department or appropriate approved local air pollution control agency not later than:

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

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

(2) The request for a waiver demonstrates that a Department-approved emissions source test was performed in accordance with the requirements of Chapter 139, Subchapter A on or after:

(i) November 12, 2021, for a source subject to § 129.111(a).

(ii) November 12, 2021, or within 12 months prior to the date that the source meets the definition of a major NOx emitting facility or major VOC emitting facility, whichever is later, for a source subject to § 129.111(b).

(3) The request for a waiver demonstrates to the satisfaction of the Department or appropriate approved local air pollution control agency that the test results show that the source’s rate of emissions is in compliance with the source’s applicable NOx emission limitation or VOC emission limitation.

(4) The Department or appropriate approved local air pollution control agency approves, in writing, the request for a waiver.

(f) The owner and operator of an air contamination source subject to this section and § § 129.111—129.114 shall keep records to demonstrate compliance with § § 129.111—129.114 and submit reports to the Department or appropriate approved local air pollution control agency in accordance with the applicable regulations in 25 Pa. Code, Part I, Subpart C, Article III (relating to air resources) and as specified in the operating permit or plan approval for the air contamination source as follows:

(1) The records shall include sufficient data and calculations to demonstrate that the requirements of § § 129.111—129.114 are met.

(2) Data or information required to determine compliance shall be recorded and maintained in a time frame consistent with the averaging period of the requirement.

(3) The records necessary to determine compliance shall be reported to the Department or appropriate approved local air pollution control agency on a schedule specified in the applicable regulation or as otherwise specified in the operating permit or plan approval for the air contamination source.

(g) Beginning with the compliance date specified in § 129.112(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable NOx emission rate threshold specified in § 129.114(b) and the requirements of § 129.112 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.

(h) Beginning with the compliance date specified in § 129.112(a), the owner or operator of an air contamination source claiming that the air contamination source is exempt from the applicable VOC emission rate threshold specified in § 129.114(c) and the requirements of § 129.112 based on the air contamination source’s potential to emit shall maintain records that demonstrate to the Department or appropriate approved local air pollution control agency that the air contamination source is not subject to the specified emission rate threshold.

(i) The owner or operator of a combustion unit or process heater subject to § 129.112(b) shall record each adjustment conducted under the procedures in § 129.112(b). This record must contain, at a minimum:

(1) The date of the tuning procedure.

(2) The name of the service company and the technician performing the procedure.

(3) The final operating rate or load.

(4) The final NOx and CO emission rates.

(5) The final excess oxygen rate.

(6) Other information required by the applicable operating permit.

(j) The owner or operator of a Portland cement kiln subject to § 129.112(h) shall maintain a daily operating log for each Portland cement kiln. The record for each kiln must include:

(1) The total hours of operation.

(2) The type and quantity of fuel used.

(3) The quantity of clinker produced.

(4) The date, time and duration of a start-up, shutdown or malfunction of a Portland cement kiln or emissions monitoring system.

(k) The records shall be retained by the owner or operator for 5 years and made available to the Department or appropriate approved local air pollution control agency upon receipt of a written request from the Department or appropriate approved local air pollution control agency.

The provisions of this § 129.115 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.115 amended December 5, 2025, effective December 6, 2025, 55 Pa.B. 8231. Immediately preceding text appears at serial pages (411737) to (411740) and (411999) to (412000).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.121 General provisions and applicability.

(a) Applicability. Beginning December 10, 2022, this section and § § 129.122—129.130 apply to an owner or operator of one or more of the fol-lowing unconventional oil and natural gas sources of VOC emissions installed at an unconventional well site, a gathering and boosting station or a natural gas processing plant in this Commonwealth which were constructed on or before December 10, 2022:

(1) Storage vessels at:

(i) An unconventional well site.

(ii) A gathering and boosting station.

(iii) A natural gas processing plant.

(iv) The natural gas transmission and storage segment.

(2) Natural gas-driven continuous bleed pneumatic controllers.

(3) Natural gas-driven diaphragm pumps.

(4) Reciprocating compressors and centrifugal compressors.

(5) Fugitive emissions components.

(b) Existing RACT permit. Compliance with the requirements of this section and § § 129.122—129.130 assures compliance with the requirements of a permit issued under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) or § § 129.96—129.100 (relating to additional RACT requirements for major sources of NOx and VOCs) to the owner or operator of a source subject to subsection (a) prior to December 10, 2022, to control, reduce or minimize VOC emissions from oil and natural gas sources listed in subsection (a), except to the extent the operating permit contains more stringent requirements.

The provisions of this § 129.121 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.121 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.123 (relating to storage vessels); 25 Pa. Code § 129.124 (relating to natural gas-driven continuous bleed pneumatic controllers); 25 Pa. Code § 129.125 (relating to natural gas-driven diaphragm pumps); 25 Pa. Code § 129.126 (relating to compressors); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.129 (relating to control devices); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.122 Definitions, acronyms and EPA methods.

(a) Definitions and acronyms. The following words and terms, when used in this section, § § 129.121 (relating to general provisions and applicability) and 129.123—129.130, have the following meanings, unless the context clearly indicates otherwise: AVO—Audible, visual and olfactory. Bleed rate—The rate in standard cubic feet per hour at which natural gas is continuously vented from a natural gas-driven continuous bleed pneumatic controller. Centrifugal compressor—

(i) A machine for raising the pressure of natural gas by drawing in low-pressure natural gas and discharging significantly higher-pressure natural gas by means of mechanical rotating vanes or impellers.

(ii) The term does not include a screw compressor, sliding vane compressor or liquid ring compressor. Closed vent system—A system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device or back to a process. Condensate—Hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature, pressure, or both, and remains liquid at standard conditions. Connector—

(i) A flanged fitting, screwed fitting or other joined fitting used to connect two pipes or a pipe and a piece of process equipment or that closes an opening in a pipe that could be connected to another pipe.

(ii) The term does not include a joined fitting welded completely around the circumference of the interface. Control device—An enclosed combustion device, vapor recovery system or flare. Custody transfer—The transfer of natural gas after processing or treatment, or both, in the producing operation or from a storage vessel or an automatic transfer facility or other equipment, including a product loading rack, to a pipeline or another form of transportation. Deviation—An instance in which the owner or operator of a source subject to this section, § § 129.121 and 129.123—129.130 fails to meet one or more of the following:

(i) A requirement or an obligation established in this section, § 129.121 or § § 129.123—129.130, including an emission limit, operating limit or work practice standard.

(ii) A term or condition that is adopted to implement an applicable requirement in this section, § 129.121 or § § 129.123—129.130 and which is included in the operating permit for the affected source.

(iii) An emission limit, operating limit or work practice standard in this section, § 129.121 or § § 129.123—129.130 during startup, shutdown or malfunction, regardless of whether a failure is permitted by this section, § 129.121 or § § 129.123—129.130. FID—Flame ionization detector. First attempt at repair—For purposes of § 129.127 (relating to fugitive emissions components):

(i) An action using best practices taken to stop or reduce fugitive emissions to the atmosphere.

(ii) The term includes:

(A) Tightening bonnet bolts.

(B) Replacing bonnet bolts.

(C) Tightening packing gland nuts.

(D) Injecting lubricant into lubricated packing. Flare—

(i) A thermal oxidation system using an open flame without an enclosure.

(ii) The term does not include a horizontally or vertically installed ignition device or pit flare used to combust otherwise vented emissions from completions. Flow line—A pipeline used to transport oil or gas, or both, to processing equipment, compression equipment, storage vessel or other collection system for further handling or to a mainline pipeline. Fugitive emissions component—

(i) A piece of equipment that has the potential to emit fugitive emissions of VOC at a well site, a gathering and boosting station or a natural gas processing plant, including the following:

(A) A valve.

(B) A connector.

(C) A pressure relief device.

(D) An open-ended line.

(E) A flange.

(F) A compressor.

(G) An instrument.

(H) A meter.

(I) A cover or closed vent system not subject to § 129.128 (relating to covers and closed vent systems).

(J) A thief hatch or other opening on a controlled storage vessel not subject to § 129.123 (relating to storage vessels).

(ii) The term does not include a device, such as a natural gas-driven continuous bleed pneumatic controller or a natural gas-driven diaphragm pump, that vents as part of normal operations if the gas is discharged from the device’s vent. GOR—gas-to-oil ratio—The ratio of the volume of gas at standard temperature and pressure that is produced from a volume of oil when depressurized to standard temperature and pressure. Gathering and boosting station—

(i) A permanent combination of one or more compressors that collects natural gas from one or more well sites and moves the natural gas at increased pressure into a gathering pipeline to the natural gas processing plant or into the pipeline.

(ii) The term does not include the combination of one or more compressors located at a well site or located at an onshore natural gas processing plant. Hard-piping—Pipe or tubing that is manufactured and properly installed using good engineering judgment and standards. Hydraulic fracturing—The process of directing pressurized fluids containing a combination of water, proppant and added chemicals to penetrate tight formations, such as shale or coal formations, that subsequently require high rate, extended flowback to expel fracture fluids and solids during a completion. Hydraulic refracturing—Conducting a subsequent hydraulic fracturing operation at a well that has previously undergone a hydraulic fracturing operation. In-house engineer—An individual who is both of the following:

(i) Employed by the same owner or operator as the responsible official that signs the certification required under § 129.130(k) (relating to recordkeeping and reporting).

(ii) Qualified by education, technical knowledge and expertise in the design and operation of a natural gas-driven diaphragm pump or closed vent system to make the technical certification required under § 129.125(c)(3)(ii) (relating to natural gas-driven diaphragm pumps) or § 129.128(c)(3), or both, as applicable. Intermediate hydrocarbon liquid—A naturally occurring, unrefined petroleum liquid. LDAR—Leak detection and repair. Leak—An emission detected using one or more of the following methods:

(i) Through audible, visual or odorous evidence during an AVO inspection.

(ii) By OGI equipment calibrated according to § 129.127(h) (relating to fugitive emissions components).

(iii) With a concentration of 500 ppm or greater as methane or equivalent by a gas leak detector calibrated according to § 129.127(i).

(iv) Using an alternative leak detection method approved by the Department in § 129.127(c)(2)(ii)(C), (c)(3)(ii)(C) or (e)(2)(iii). Maximum average daily throughput—The single highest daily average throughput during the 30-day potential to emit evaluation period employing generally accepted methods. Monitoring system malfunction—

(i) A sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data.

(ii) The term does not include a system failure caused by poor maintenance or careless operation. Natural gas distribution segment—The delivery of natural gas to the end user by a distribution company after the distribution company receives the natural gas from the natural gas transmission and storage segment. Natural gas-driven diaphragm pump—

(i) A positive displacement pump powered by pressurized natural gas that uses the reciprocating action of flexible diaphragms in conjunction with check valves to pump a fluid.

(ii) The term does not include either of the following:

(A) A pump in which a fluid is displaced by a piston driven by a diaphragm.

(B) A lean glycol circulation pump that relies on energy exchange with the rich glycol from the contactor. Natural gas-driven continuous bleed pneumatic controller—An automated instrument used for maintaining a process condition such as liquid level, pressure, delta-pressure or temperature powered by a continuous flow of pressurized natural gas. Natural gas liquids—The hydrocarbons, such as ethane, propane, butane and pentane, that are extracted from field gas. Natural gas processing plant—

(i) A processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both.

(ii) The term does not include a Joule-Thompson valve, a dew point depression valve or an isolated or standalone Joule-Thompson skid. Natural gas transmission and storage segment—The term includes the following:

(i) The pipelines used for the long-distance transport of natural gas, excluding processing.

(ii) The natural gas transmission stations which include the following:

(A) The land, mains, valves, meters, boosters, regulators, storage vessels, dehydrators and compressors.

(B) The driving units and appurtenances associated with the items listed in clause (A).

(C) The equipment used for transporting gas from a production plant, delivery point of purchased gas, gathering system, storage area or other wholesale source of gas to one or more distribution areas.

(iii) The aboveground storage facilities and underground storage facilities that transport and store natural gas between the natural gas processing plant and natural gas distribution segment. OGI—Optical gas imaging. Open-ended valve or line—A valve, except a safety relief valve, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping. Produced water—Water that is extracted from the earth from an oil or natural gas production well or that is separated from crude oil, condensate or natural gas after extraction. Qualified professional engineer—

(i) An individual who is licensed by a state as a Professional Engineer to practice one or more disciplines of engineering and who is qualified by education, technical knowledge and experience to make the required specific technical certification.

(ii) The individual making this certification must be currently licensed in this Commonwealth or another state in which the responsible official, as defined in § 121.1 (relating to definitions), is located and with which the Commonwealth offers reciprocity. Quality assurance or quality control activity—An activity such as a system accuracy audit and a zero and span adjustment that ensures the proper calibration and operation of monitoring equipment. Reciprocating compressor—A piece of equipment that employs linear movement of a driveshaft to increase the pressure of a process gas by positive displacement. Reciprocating compressor rod packing—

(i) A series of flexible rings in machined metal cups that fit around the reciprocating compressor piston rod to create a seal limiting the amount of compressed natural gas that escapes to the atmosphere.

(ii) Another mechanism that provides the same function. Removed from service—A storage vessel that has been physically isolated and disconnected from the process for a purpose other than maintenance. Repaired—A piece of equipment that is adjusted or otherwise altered to eliminate a leak and is remonitored to verify that emissions from the equipment are at or below the applicable leak limitation. Returned to service—A storage vessel that was removed from service which has been:

(i) Reconnected to the original source of liquids or has been used to replace another storage vessel.

(ii) Installed in another location and introduced with crude oil, condensate, intermediate hydrocarbon liquids or produced water. Routed to a process or route to a process—The emissions are conveyed by means of a closed vent system to an enclosed portion of a process that is operational where the emissions are controlled in one or more of the following ways:

(i) Predominantly recycled or consumed, or both, in the same manner as a material that fulfills the same function in the process.

(ii) Transformed by chemical reaction into materials that are not regulated.

(iii) Incorporated into a product.

(iv) Recovered for beneficial use. Sensor—A device that measures a physical quantity or the change in a physical quantity such as temperature, pressure, flow rate, pH or liquid level. Storage vessel—

(i) A container used to collect crude oil, condensate, intermediate hydrocarbon liquids or produced water that is constructed primarily of non-earthen materials which provide structural support.

(ii) The term includes a container described in subparagraph (i) that is skid-mounted or permanently attached to something that is mobile which has been located at a site for 180 or more consecutive days.

(iii) The term does not include the following:

(A) A process vessel such as a surge control vessel, bottoms receiver or knockout vessel.

(B) A pressure vessel used to store a liquid or a gas and is designed to operate in excess of 204.9 kilopascals (29.7 pounds per square inch, absolute) and to not vent to the atmosphere as a result of compression of the vapor headspace during filling of the vessel.

(C) A container described in subparagraph (i) with a capacity greater than 100,000 gallons used to recycle water that has been passed through two-stage separation. Surface site—A combination of one or more graded pad sites, gravel pad sites, foundations, platforms or the immediate physical location upon which equipment is physically affixed. TOC—total organic compounds—The results of EPA Method 25A. UIC—Underground injection control. UIC Class I oilfield disposal well—A well with a UIC Class I permit that meets the definition in 40 CFR 144.6(a)(2) (relating to classification of wells) and receives eligible fluids from oil and natural gas exploration and production operations. UIC Class II oilfield disposal well—A well with a UIC Class II permit where wastewater resulting from oil and natural gas production operations is injected into underground porous rock formations not productive of oil or gas and sealed above and below by unbroken, impermeable strata. Unconventional formation—A geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore. Unconventional well—A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation. Unconventional well site—A location with one or more unconventional wells. VRU—vapor recovery unit—A device used to recover vapor and route it to a process, flow line or other equipment. Well—A hole drilled for producing oil or natural gas or into which a fluid is injected. Wellhead—

(i) The piping, casing, tubing and connected valves protruding above the earth’s surface for an oil or natural gas well.

(ii) The wellhead ends where the flow line connects to a wellhead valve.

(iii) The term does not include other equipment at the well site except for a conveyance through which gas is vented to the atmosphere. Well site—

(i) One or more surface sites that are constructed for the drilling and subsequent operation of an unconventional well or injection well.

(ii) For purposes of the fugitive emissions standards in § 129.127, the term also means a separate tank battery surface site collecting crude oil, condensate, intermediate hydrocarbon liquids or produced water from a well not located at the well site, for example, a centralized tank battery.

(iii) For purposes of the fugitive emissions standards in § 129.127, the term does not include:

(A) A UIC Class I oilfield disposal well.

(B) A UIC Class II oilfield disposal well and disposal facility.

(C) The flange immediately upstream of the custody meter assembly.

(D) Equipment, including fugitive emissions components, located downstream of the flange in clause (C).

(b) EPA methods. The EPA methods referenced in this section and § § 129.123—129.130 are those listed as follows, unless the context clearly indicates otherwise: EPA Method 1—EPA Method 1, 40 CFR Part 60, Appendix A-1 (relating to test methods 1 through 2F), regarding sample and velocity traverses for stationary sources. EPA Method 1A—EPA Method 1A, 40 CFR Part 60, Appendix A-1, regarding sample and velocity traverses for stationary sources with small stacks or ducts. EPA Method 2—EPA Method 2, 40 CFR Part 60, Appendix A-1, regarding determination of stack gas velocity and volumetric flow rate (Type S pitot tube). EPA Method 2A—EPA Method 2A, 40 CFR Part 60, Appendix A-1, regarding direct measurement of gas volume through pipes and small ducts. EPA Method 2C—EPA Method 2C, 40 CFR Part 60, Appendix A-1, regarding determination of gas velocity and volumetric flow rate in small stacks or ducts (standard pitot tube). EPA Method 2D—EPA Method 2D, 40 CFR Part 60, Appendix A-1, regarding measurement of gas volume flow rates in small pipes and ducts. EPA Method 3A—EPA Method 3A, 40 CFR Part 60, Appendix A-2 (relating to test methods 2G through 3C), regarding determination of oxygen and carbon dioxide concentrations in emissions from stationary sources (instrumental analyzer procedure). EPA Method 3B—EPA Method 3B, 40 CFR Part 60, Appendix A-2, regarding gas analysis for the determination of emission rate correction factor or excess air. EPA Method 4—EPA Method 4, 40 CFR Part 60, Appendix A-3 (relating to test methods 4 through 5I), regarding determination of moisture content in stack gases. EPA Method 18—EPA Method 18, 40 CFR Part 60, Appendix A-6 (relating to test methods 16 through 18), regarding measurement of gaseous organic compound emissions by gas chromatography. EPA Method 21—EPA Method 21, 40 CFR Part 60, Appendix A-7 (relating to test methods 19 through 25E), regarding determination of volatile organic compound leaks. EPA Method 22—EPA Method 22, 40 CFR Part 60, Appendix A-7, regarding visual determination of fugitive emissions from material sources and smoke emissions from flares. EPA Method 25A—EPA Method 25A, 40 CFR Part 60, Appendix A-7, regarding determination of total gaseous organic concentration using a flame ionization analyzer.

The provisions of this § 129.122 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.122 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.123 (relating to storage vessels); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.123 Storage vessels.

(a) Applicability.

(1) Potential VOC emissions. Except as specified in subsections (c) and (d), this section applies to the owner or operator of a storage vessel subject to § 129.121(a)(1) (relating to general provisions and applicability) that has the potential to emit 2.7 TPY or greater VOC emissions.

(2) Calculation of potential VOC emissions.

(i) The potential VOC emissions in paragraph (1) must be calculated using a generally accepted model or calculation methodology, based on the maximum average daily throughput as defined in § 129.122 (relating to definitions, acronyms and EPA methods) prior to February 8, 2023, for an existing storage vessel.

(ii) The determination of potential VOC emissions may consider requirements under a legally and practically enforceable limit established in an operating permit or plan approval approved by the Department.

(iii) Vapor from the storage vessel that is recovered and routed to a process through a VRU is not required to be included in the determination of potential VOC emissions for purposes of determining applicability, if the owner or operator meets the following:

(A) The cover requirements in § 129.128(a) (relating to covers and closed vent systems).

(B) The closed vent system requirements in § 129.128(b).

(iv) If the apparatus that recovers and routes vapor to a process is removed from operation or is operated inconsistently with § 129.128, the owner or operator shall determine the storage vessel’s potential VOC emissions under this paragraph within 30 calendar days of the date of apparatus removal or inconsistent operation.

(b) VOC emissions limitations and control requirements. Except as specified in subsections (c) and (d), beginning December 10, 2023, the owner or operator of a storage vessel subject to this section shall reduce VOC emissions by 95.0% by weight or greater. The owner or operator shall comply with paragraph (1) or paragraph (2) as applicable.

(1) Route the VOC emissions to a control device. The owner or operator shall do the following:

(i) Equip the storage vessel with a cover that meets the requirements of § 129.128(a).

(ii) Connect the storage vessel to a control device or process through a closed vent system that meets the requirements of § 129.128(b).

(iii) Route the emissions from the storage vessel to a control device or a process that meets the applicable requirements of § 129.129 (relating to control devices).

(iv) Demonstrate that the VOC emissions are reduced as specified in § 129.129(k).

(2) Equip the storage vessel with a floating roof. The owner or operator shall install a floating roof that meets the requirements of 40 CFR 60.112b(a)(1) or (2) (relating to standard for volatile organic compounds (VOC)) and the relevant monitoring, inspection, recordkeeping and reporting requirements in 40 CFR Part 60, Subpart Kb (relating to standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984).

(c) Exceptions.

(1) The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a storage vessel that maintains actual VOC emissions less than 2.7 TPY determined as a 12-month rolling sum. An owner or operator claiming this exception shall perform the compliance demonstration requirements under paragraph (2) and maintain the records under subsection (g), as applicable.

(2) The owner or operator of a storage vessel claiming exception under this subsection shall perform the following:

(i) Beginning on or before January 9, 2023, calculate the actual VOC emissions once per calendar month using a generally accepted model or calculation methodology. The monthly calculations must meet the following:

(A) Be separated by at least 15 calendar days but not more than 45 calendar days.

(B) Be based on the monthly average throughput for the previous 30 calendar days.

(ii) Comply with subsection (b) within 1 year of the date of the monthly calculation showing that actual VOC emissions from the storage vessel have increased to 2.7 TPY VOC or greater.

(d) Exemptions. The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a storage vessel that meets one or more of the following:

(1) Is skid-mounted or permanently attached to something that is mobile for which records are available to document that it has been located at a site for less than 180 consecutive days. An owner or operator claiming this exemption shall maintain the records under subsection (g), as applicable.

(2) Is used in the natural gas distribution segment.

(3) Is controlled under 40 CFR Part 60, Subpart Kb or 40 CFR Part 63, Subpart G, Subpart CC, Subpart HH or Subpart WW.

(e) Requirements for a storage vessel removed from service. A storage vessel subject to this section that is removed from service is not an affected source for the period that it is removed from service if the owner or operator performs the following:

(1) Completely empties and degasses the storage vessel so that the storage vessel no longer contains crude oil, condensate, produced water or intermediate hydrocarbon liquids. A storage vessel where liquid is left on walls, as bottom clingage or in pools due to floor irregularity is considered to be completely empty.

(2) Submits a notification in the next annual report required under § 129.130(k)(1) (relating to recordkeeping and reporting) identifying each storage vessel removed from service during the reporting period and the date of its removal from service.

(f) Requirements for a storage vessel returned to service. The owner or operator of a storage vessel identified in subsection (e) that is returned to service shall submit a notification in the next annual report required under § 129.130(k)(1) identifying each storage vessel that has been returned to service during the reporting period and the date of its return to service.

(g) Recordkeeping and reporting requirements. The owner or operator of a storage vessel subject to this section shall maintain the records under § 129.130(b) and submit the reports under § 129.130(k)(3)(i).

The provisions of this § 129.123 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.123 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); 25 Pa. Code § 129.129 (relating to control devices); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.124 Natural gas-driven continuous bleed pneumatic controllers.

(a) Applicability. This section applies to the owner or operator of a natural gas-driven continuous bleed pneumatic controller subject to § 129.121(a)(2) (relating to general provisions and applicability) located prior to the point of custody transfer of oil to an oil pipeline or of natural gas to the natural gas transmission and storage segment.

(b) Exception. An owner or operator may use a natural gas-driven continuous bleed pneumatic controller subject to this section with a bleed rate greater than the applicable requirements in subsection (c) based on functional requirements. An owner or operator claiming this exception shall perform the compliance demonstration requirements under subsection (d) and maintain the records under subsection (e), as applicable.

(c) VOC emissions limitation requirements. Except as specified in subsection (b), beginning December 10, 2023, the owner or operator of a natural gas-driven continuous bleed pneumatic controller subject to this section shall do the following:

(1) Ensure each natural gas-driven continuous bleed pneumatic controller with a natural gas bleed rate greater than 6.0 standard cubic feet per hour, at a location other than a natural gas processing plant, maintains a natural gas bleed rate of less than or equal to 6.0 standard cubic feet per hour.

(2) Ensure each natural gas-driven continuous bleed pneumatic controller maintains a natural gas bleed rate of zero standard cubic feet per hour, if located at a natural gas processing plant.

(3) Perform the compliance demonstration requirements under subsection (d).

(d) Compliance demonstration requirements. The owner or operator shall tag each natural gas-driven continuous bleed pneumatic controller affected under subsection (c) with the following:

(1) The date the natural gas-driven continuous bleed pneumatic controller is required to comply with this section.

(2) An identification number that ensures traceability to the records for that natural gas-driven continuous bleed pneumatic controller.

(e) Recordkeeping and reporting requirements. The owner or operator of a natural gas-driven continuous bleed pneumatic controller affected under subsection (c) shall maintain the records under § 129.130(c) (relating to recordkeeping and reporting) and submit the reports under § 129.130(k)(3)(ii).

The provisions of this § 129.124 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.124 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.127 (relating to fugitive emissions components); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.125 Natural gas-driven diaphragm pumps.

(a) Applicability. This section applies to the owner or operator of a natural gas-driven diaphragm pump subject to § 129.121(a)(3) (relating to general provisions and applicability) located at a well site or natural gas processing plant.

(b) VOC emissions limitation and control requirements. Except as specified in subsections (c) and (d), beginning December 10, 2023, the owner or operator of a natural gas-driven diaphragm pump subject to this section shall comply with the following:

(1) Unconventional well site. The owner or operator of a natural gas-driven diaphragm pump located at a well site shall reduce the VOC emissions by 95.0% by weight or greater. The owner or operator shall do the following:

(i) Connect the natural gas-driven diaphragm pump to a control device or process through a closed vent system that meets the applicable requirements of § 129.128(b) (relating to covers and closed vent systems).

(ii) Route the emissions from the natural gas-driven diaphragm pump to a control device or a process that meets the applicable requirements of § 129.129 (relating to control devices).

(iii) Demonstrate that the VOC emissions are reduced as specified in § 129.129(k).

(2) Natural gas processing plant. The owner or operator of a natural gas-driven diaphragm pump located at a natural gas processing plant shall maintain an emission rate of zero standard cubic feet per hour.

(c) Exceptions. The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a natural gas-driven diaphragm pump located at a well site which meets one or more of the following:

(1) Routes emissions to a control device which is unable to reduce VOC emissions by 95.0% by weight or greater and there is no ability to route VOC emissions to a process. An owner or operator that claims this exception shall do the following:

(i) Maintain the records under § 129.130(d)(4) (relating to recordkeeping and reporting).

(ii) Connect the natural gas-driven diaphragm pump to the control device through a closed vent system that meets the requirements of § 129.128(b).

(iii) Demonstrate the percentage by which the VOC emissions are reduced as specified in § 129.129(k).

(2) Has no available control device or process. An owner or operator that claims this exception shall do the following:

(i) Maintain the records under § 129.130(d)(5).

(ii) Certify that there is no available control device or process in the next annual report required by § 129.130(k)(1).

(iii) Route emissions from the natural gas-driven diaphragm pump within 30 days of the installation of a control device or process. Once the emissions are routed to a control device or process, the certification of subparagraph (ii) is no longer required and the applicable requirements of this section shall be met.

(3) Is technically infeasible of connecting to a control device or process. An owner or operator that claims this exception shall do the following:

(i) Maintain the records under § 129.130(d)(6).

(ii) Perform an assessment of technical infeasibility which must meet the following:

(A) Be prepared under the supervision of an in-house engineer or qualified professional engineer.

(B) Include a technical analysis of safety considerations, the distance from an existing control device, the pressure losses and differentials in the closed vent system and the ability of the control device to handle the increase in emissions routed to them.

(C) Be certified, signed and dated by the engineer supervising the assessment, including the statement: ‘‘I certify that the assessment of technical infeasibility was prepared under my supervision. I further certify that the assessment was conducted and this report was prepared under the requirements of 25 Pa. Code § 129.125(c)(3). Based on my professional knowledge and experience, and inquiry of personnel involved in the assessment, the certification submitted herein is true, accurate, and complete. I am aware that there are penalties for knowingly submitting false information.’’

(d) Exemptions. The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a natural gas-driven diaphragm pump located at a well site which operates less than 90 days per calendar year. An owner or operator claiming this exemption shall maintain the records under § 129.130(d)(3).

(e) Removal of control device or process. The owner or operator of a natural gas-driven diaphragm pump located at a well site that routes emissions to a control device or process which is removed or is no longer available shall comply with one of the exceptions in subsection (c), as applicable.

(f) Recordkeeping and reporting requirements. The owner or operator of a natural gas-driven diaphragm pump subject to this section shall maintain the records under § 129.130(d) and submit the reports under § 129.130(k)(3)(iii).

The provisions of this § 129.125 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.125 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); 25 Pa. Code § 129.129 (relating to control devices); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.126 Compressors.

(a) Applicability. This section applies to the owner or operator of a reciprocating compressor or centrifugal compressor subject to § 129.121(a)(4) (relating to general provisions and applicability) that meets the following:

(1) Reciprocating compressor. Each reciprocating compressor located between the wellhead and point of custody transfer to the natural gas transmission and storage segment.

(2) Centrifugal compressor. Each centrifugal compressor using wet seals that is located between the wellhead and point of custody transfer to the natural gas transmission and storage segment.

(b) VOC emissions control requirements for a reciprocating compressor. Beginning December 10, 2023, the owner or operator of a reciprocating compressor subject to this section shall meet one of the following:

(1) Replace the reciprocating compressor rod packing on or before one of the following:

(i) The reciprocating compressor has operated for 26,000 hours. The number of hours of operation must be continuously monitored beginning on the later of:

(A) The date of the most recent reciprocating compressor rod packing replacement.

(B) December 10, 2022, for a reciprocating compressor rod packing that has not yet been replaced.

(ii) The reciprocating compressor has operated for 36 months. The number of months of operation must be continuously monitored beginning on the later of:

(A) The date of the most recent reciprocating compressor rod packing replacement.

(B) December 10, 2025, for a reciprocating compressor rod packing that has not yet been replaced.

(2) Route the VOC emissions to a control device or a process that meets § 129.129 (relating to control devices) by using a reciprocating compressor rod packing emissions collection system that operates under negative pressure and meets the cover requirements of § 129.128(a) (relating to covers and closed vent systems) and the closed vent system requirements of § 129.128(b).

(c) VOC emissions limitation and control requirements for a centrifugal compressor. Except as specified in subsection (d), the owner or operator of a centrifugal compressor subject to this section shall perform the following:

(1) Reduce the VOC emissions from each centrifugal compressor wet seal fluid degassing system by 95.0% by weight or greater.

(2) Equip the wet seal fluid degassing system with a cover that meets the requirements of § 129.128(a) through a closed vent system that meets the requirements of § 129.128(b) to a control device or a process that meets the applicable requirements of § 129.129.

(3) Demonstrate that the VOC emissions are reduced as specified in § 129.129(k).

(d) Exemptions. Subsection (c) does not apply to the owner or operator of a centrifugal compressor that meets the following:

(1) Is located at a well site.

(2) Is located at an adjacent well site and services more than one well site.

(e) Recordkeeping and reporting requirements. The owner or operator of a reciprocating compressor or centrifugal compressor subject to this section shall do the following, as applicable:

(1) For a reciprocating compressor, maintain the records under § 129.130(e) (relating to recordkeeping and reporting) and submit the reports under § 129.130(k)(3)(iv).

(2) For a centrifugal compressor, maintain the records under § 129.130(f) and submit the reports under § 129.130(k)(3)(v).

The provisions of this § 129.126 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.126 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); 25 Pa. Code § 129.129 (relating to control devices); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.127 Fugitive emissions components.

(a) Applicability. This section applies to the owner or operator of a fugitive emissions component subject to § 129.121(a)(5) (relating to general provisions and applicability), located at one or more of the following:

(1) An unconventional well site.

(2) A natural gas gathering and boosting station.

(3) A natural gas processing plant.

(b) Average production calculation procedure for a well site. Beginning on or before January 9, 2023:

(1) The owner or operator of a well site subject to subsection (a)(1) shall calculate the average production in barrels of oil equivalent per day of the well site using the previous 12 calendar months of operation as reported to the Department and thereafter as specified in subsection (c)(4) for the previous calendar year. The owner or operator shall do the following:

(i) For each well at the well site with production reported to the Department:

(A) Record the barrels of oil produced for each active well.

(B) Convert the natural gas production for each active well to equivalent barrels of oil by dividing the standard cubic feet of natural gas produced by 6,000 standard cubic feet per barrel of oil equivalent.

(C) Convert the condensate production for each active well to equivalent barrels of oil by multiplying the barrels of condensate by 0.9 barrels of oil equivalent per barrel of condensate.

(ii) Calculate the total production for each active well, in barrels of oil equivalent, by adding the results of subparagraph (i)(A)—(C) for each active well.

(iii) Sum the results of subparagraph (ii) for all active wells at the well site and divide by 365 or 366 days for the previous 12 calendar months or the previous calendar year, as applicable.

(2) If the owner or operator does not know the production of an individual well at the well site, the owner or operator shall comply with subsection (c)(2).

(c) Requirements for an unconventional well site.

(1) For a well site consisting of only oil wells, the owner or operator shall:

(i) Determine the GOR of the oil well site using generally accepted methods.

(ii) If the GOR of the oil well site is less than 300 standard cubic feet of gas per barrel of oil produced, maintain the records under § 129.130(g)(1) (relating to recordkeeping and reporting).

(iii) If the GOR of the oil well site is equal to or greater than 300 standard cubic feet of gas per barrel of oil produced, meet the requirements of paragraph (2) or paragraph (3) based on the results of subsection (b)(1).

(2) For a well site producing, on average, equal to or greater than 15 barrels of oil equivalent per day, with at least one well producing, on average, equal to or greater than 15 barrels of oil equivalent per day, the owner or operator shall:

(i) Conduct an initial AVO inspection on or before February 8, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days.

(ii) Conduct an initial LDAR inspection program on or before February 8, 2023, with quarterly inspections thereafter separated by at least 60 calendar days but not more than 120 calendar days using one or more of the following:

(A) OGI equipment.

(B) A gas leak detector that meets the requirements of EPA Method 21.

(C) Another leak detection method approved by the Department.

(3) For a well site producing, on average, equal to or greater than 15 barrels of oil equivalent per day, and at least one well producing, on average, equal to or greater than 5 barrels of oil equivalent per day but less than 15 barrels of oil equivalent per day, the owner or operator shall:

(i) Conduct an initial AVO inspection on or before February 8, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days.

(ii) Conduct an initial LDAR inspection program on or before May 9, 2023, with annual inspections thereafter separated by at least 335 calendar days but not more than 395 calendar days using one or more of the following:

(A) OGI equipment.

(B) A gas leak detector that meets the requirements of EPA Method 21.

(C) Another leak detection method approved by the Department.

(4) The owner or operator of a producing well site shall calculate the average production of the well site under subsection (b) for the previous calendar year not later than February 15 and may adjust the frequency of the required LDAR inspection as follows:

(i) If two consecutive calculations show reduced production, the owner or operator may adopt the requirements applicable to the reduced production level.

(ii) If a calculation shows higher production, the owner or operator shall adopt the requirements applicable to the higher production level immediately.

(5) The owner or operator of a well site subject to paragraph (3) may submit to the appropriate Department Regional Office a request, in writing, for an exemption from the requirements of paragraph (3)(ii).

(i) The written request must include the following:

(A) Name and location of the well site.

(B) A demonstration that the requirements of paragraph (3)(ii) are not technically or economically feasible for the well site.

(C) Sufficient methods for demonstrating compliance with all applicable standards or regulations promulgated under the Clean Air Act or the Act.

(D) Sufficient methods for demonstrating compliance with this section, § § 129.121—129.126 and 129.128—129.130.

(ii) The Department will review the complete written request submitted in accordance with subparagraph (i) and approve or deny the request in writing.

(iii) The Department will submit each exemption determination approved under subparagraph (ii) to the Administrator of the EPA for approval as a revision to the SIP. The owner or operator shall bear the costs of public hearings and notifications, including newspaper notices, required for the SIP submittal.

(iv) The owner or operator of the well site identified in subparagraph (i)(A) shall remain subject to the requirements of paragraphs (1), (3)(i) and (4).

(d) Requirements for a shut-in unconventional well site. The owner or operator of an unconventional well site that is temporarily shut-in is not required to perform an LDAR inspection of the well site until one of the following occurs, whichever is first:

(1) Sixty days after the unconventional well site is put into production.

(2) The date of the next required LDAR inspection after the unconventional well site is put into production.

(e) Requirements for a natural gas gathering and boosting station or a natural gas processing plant. The owner or operator of a natural gas gathering and boosting station or a natural gas processing plant shall conduct the following:

(1) An initial AVO inspection on or before February 8, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days.

(2) An initial LDAR inspection program on or before February 8, 2023, with quarterly inspections thereafter separated by at least 60 calendar days but not more than 120 calendar days using one or more of the following:

(i) OGI equipment.

(ii) A gas leak detector that meets the requirements of EPA Method 21.

(iii) Another leak detection method approved by the Department.

(f) Requirements for extension of the LDAR inspection interval. The owner or operator of an affected facility may request, in writing, an extension of the LDAR inspection interval from the Air Program Manager of the appropriate Department Regional Office.

(g) Fugitive emissions monitoring plan. The owner or operator shall develop, in writing, an emissions monitoring plan that covers the collection of fugitive emissions components at the subject facility within each company-defined area. The written plan must include the following elements:

(1) The technique used for determining fugitive emissions.

(2) A list of fugitive emissions detection equipment, including the manufacturer and model number, that may be used at the facility.

(3) A list of personnel that may conduct the monitoring surveys at the facility, including their training and experience.

(4) The procedure and timeframe for identifying and fixing a fugitive emissions component from which fugitive emissions are detected, including for a component that is unsafe-to-repair.

(5) The procedure and timeframe for verifying fugitive emissions component repairs.

(6) The procedure and schedule for verifying the fugitive emissions detection equipment is operating properly.

(i) For OGI equipment, the verification must be completed as specified in subsection (h).

(ii) For gas leak detection equipment using EPA Method 21, the verification must be completed as specified in subsection (i).

(iii) For a Department-approved method, a copy of the request for approval that shows the method’s equivalence to subsection (h) or subsection (i).

(7) A sitemap.

(8) If using OGI, a defined observation path that meets the following:

(i) Ensures that all fugitive emissions components are within sight of the path.

(ii) Accounts for interferences.

(9) If using EPA Method 21, a list of the fugitive emissions components to be monitored and an identification method to locate them in the field.

(10) A written plan for each fugitive emissions component designated as difficult-to-monitor or unsafe-to-monitor which includes the following:

(i) A method to identify a difficult-to-monitor or unsafe-to-monitor component in the field.

(ii) The reason each component was identified as difficult-to-monitor or unsafe-to-monitor.

(iii) The monitoring schedule for each component identified as difficult-to-monitor or unsafe-to-monitor. The monitoring schedule for difficult-to-monitor components must include at least one survey per year no more than 13 months apart.

(h) Verification procedures for OGI equipment. An owner or operator that identifies OGI equipment in the fugitive emissions monitoring plan in subsection (g)(6)(i) shall complete the verification by doing the following:

(1) Demonstrating that the OGI equipment is capable of imaging a gas:

(i) In the spectral range for the compound of highest concentration in the potential fugitive emissions.

(ii) That is half methane, half propane at a concentration of 10,000 ppm at a flow rate of less than or equal to 60 grams per hour (2.115 ounces per hour) from a 1/4-inch diameter orifice.

(2) Performing a verification check each day prior to use.

(3) Determining the equipment operator’s maximum viewing distance from the fugitive emissions component and how the equipment operator will ensure that this distance is maintained.

(4) Determining the maximum wind speed during which monitoring can be performed and how the equipment operator will ensure monitoring occurs only at wind speeds below this threshold.

(5) Conducting the survey by using the following procedures:

(i) Ensuring an adequate thermal background is present to view potential fugitive emissions.

(ii) Dealing with adverse monitoring conditions, such as wind.

(iii) Dealing with interferences, such as steam.

(6) Following the manufacturer’s recommended calibration and maintenance procedures.

(i) Verification procedures for gas leak detection equipment using EPA Method 21. An owner or operator that identifies gas leak detection equipment using EPA Method 21 in the fugitive emissions monitoring plan in subsection (g)(6)(ii) shall complete the verification by doing the following:

(1) Verifying that the gas leak detection equipment meets:

(i) The requirements of Section 6.0 of EPA Method 21 with a fugitive emissions definition of 500 ppm or greater calibrated as methane using an FID-based instrument.

(ii) A site-specific fugitive emission definition that would be equivalent to subparagraph (i) for other equipment approved for use in EPA Method 21 by the Department.

(2) Using the average composition of the fluid, not the individual organic compounds in the stream, when performing the instrument response factor of Section 8.1.1 of EPA Method 21.

(3) Calculating the average stream response factor on an inert-free basis for process streams that contain nitrogen, air or other inert gases that are not organic hazardous air pollutants or VOCs.

(4) Calibrating the gas leak detection instrument in accordance with Section 10.1 of EPA Method 21 on each day of its use using zero air, defined as a calibration gas with less than 10 ppm by volume of hydrocarbon in air, and a mixture of methane in air at a concentration less than 10,000 ppm by volume as the calibration gases.

(5) Conducting the surveys which, at a minimum, must comply with the relevant sections of EPA Method 21, including Section 8.3.1.

(j) Fugitive emissions detection devices. Fugitive emissions detection devices must be operated and maintained in accordance with manufacturer-recommended procedures and as required by the test method or a Department-approved method.

(k) Background adjustment. For LDAR inspections using a gas leak detector in accordance with EPA Method 21, the owner or operator may choose to adjust the gas leak detection instrument readings to account for the background organic concentration level as determined by the procedures of Section 8.3.2 of EPA Method 21.

(l) Repair and resurvey provisions. The owner or operator shall repair a leak detected from a fugitive emissions component as follows:

(1) A first attempt at repair must be made within 5 calendar days of detection, and repair must be completed no later than 15 calendar days after the leak is detected unless:

(i) The purchase of a part is required. The repair must be completed no later than 10 calendar days after the receipt of the purchased part.

(ii) The repair is technically infeasible because of one of the following reasons:

(A) It requires vent blowdown.

(B) It requires facility shutdown.

(C) It requires a well shut-in.

(D) It is unsafe to repair during operation of the unit.

(iii) A repair that is technically infeasible under subparagraph (ii) must be completed at the earliest of the following:

(A) After a planned vent blowdown.

(B) The next facility shutdown.

(C) Within 2 years.

(2) The owner or operator shall resurvey the fugitive emissions component no later than 30 calendar days after the leak is repaired.

(3) For a repair that cannot be made during the monitoring survey when the leak is initially found, the owner or operator shall do one of the following:

(i) Take a digital photograph of the fugitive emissions component which includes:

(A) The date the photo was taken.

(B) Clear identification of the component by location, such as by latitude and longitude or other descriptive landmarks visible in the picture.

(ii) Tag the component for identification purposes.

(4) A gas leak is considered repaired if:

(i) There is no visible leak image when using OGI equipment calibrated according to subsection (h).

(ii) A leak concentration of less than 500 ppm as methane is detected when the gas leak detector probe inlet is placed at the surface of the fugitive emissions component for a gas leak detector calibrated according to subsection (i).

(iii) There are no detectable emissions consistent with Section 8.3.2 of EPA Method 21.

(iv) There is no bubbling at the leak interface using the soap solution bubble test specified in Section 8.3.3 of EPA Method 21.

(m) Recordkeeping and reporting requirements. The owner or operator of a fugitive emissions component subject to this section shall maintain the records under § 129.130(g) and submit the reports under § 129.130(k)(3)(vi).

The provisions of this § 129.127 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.127 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.128 Covers and closed vent systems.

(a) Requirements for a cover on a storage vessel, reciprocating compressor or centrifugal compressor. The owner or operator shall perform the following for a cover of a source subject to § 129.123(b)(1)(i) or § 129.126(b)(2) or (c)(2) (relating to storage vessels; and compressors), as applicable:

(1) Ensure that the cover and all openings on the cover form a continuous impermeable barrier over each subject source as follows:

(i) The entire surface area of the liquid in the storage vessel.

(ii) The entire surface area of the liquid in the wet seal fluid degassing system of a centrifugal compressor.

(iii) The rod packing emissions collection system of a reciprocating compressor.

(2) Ensure that each cover opening is covered by a gasketed lid or cap that is secured in a closed, sealed position except when it is necessary to use an opening for one or more of the following:

(i) To inspect, maintain, repair or replace equipment.

(ii) To route a liquid, gas, vapor or fume from the source to a control device or a process that meets the applicable requirements of § 129.129 (relating to control devices) through a closed vent system designed and operated in accordance with subsection (b).

(iii) To inspect or sample the material in a storage vessel.

(iv) To add material to or remove material from a storage vessel, including openings necessary to equalize or balance the internal pressure of the storage vessel following changes in the level of the material in the storage vessel.

(3) Ensure that each storage vessel thief hatch is equipped, maintained and operated with the following:

(i) A mechanism to ensure that the lid remains properly seated and sealed under normal operating conditions, including when working, standing or breathing, or when flash emissions may be generated.

(ii) A gasket made of a suitable material based on the composition of the fluid in the storage vessel and weather conditions.

(4) Conduct an initial AVO inspection on or before February 8, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days for defects that could result in air emissions. Defects include the following:

(i) A visible crack, hole or gap in the cover.

(ii) A visible crack, hole or gap between the cover and the separator wall.

(iii) A broken, cracked or otherwise damaged seal or gasket on a closure device.

(iv) A broken or missing hatch, access cover, cap or other closure device.

(5) Inspect only those portions of the cover that extend to or above the surface and the connections on those portions of the cover, including fill ports, access hatches and gauge wells that can be opened to the atmosphere for a storage vessel that is partially buried or entirely underground.

(6) Repair a detected leak or defect as specified in § 129.127(l) (relating to fugitive emissions components).

(7) Maintain the records under § 129.130(h) (relating to recordkeeping and reporting) and submit the report under § 129.130(k)(3)(vii).

(b) Requirements for a closed vent system. The owner or operator shall perform the following for each closed vent system installed on a source subject to § 129.123(b)(1)(ii), § 129.125(b)(1)(i) or (c)(1)(ii) (relating to natural gas-driven diaphragm pumps) or § 129.126(b)(2) or (c)(2):

(1) Design the closed vent system to route the liquid, gas, vapor or fume emitted from the source to a control device or process that meets the applicable requirements in § 129.129.

(2) Operate the closed vent system with no detectable emissions as determined by the following:

(i) Conduct an initial AVO inspection on or before February 8, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days for defects that could result in air emissions. Defects include the following:

(A) A visible crack, hole or gap in piping.

(B) A loose connection.

(C) A liquid leak.

(D) A broken or missing cap or other closure device.

(ii) Conducting a no detectable emissions inspection as specified in subsection (d) during the facility’s scheduled LDAR inspection in accordance with § 129.127(c)(2)(ii), (c)(3)(ii) or (e)(2).

(3) Repair a detected leak or defect as specified in § 129.127(l).

(4) Except as specified in subparagraph (iii), if the closed vent system contains one or more bypass devices that could be used to divert the liquid, gas, vapor or fume from routing to the control device or to the process under paragraph (1), perform one or more of the following:

(i) Install, calibrate, operate and maintain a flow indicator at the inlet to the bypass device so when the bypass device is open it does one of the following:

(A) Sounds an alarm.

(B) Initiates a notification by means of a remote alarm to the nearest field office.

(ii) Secure the bypass device valve installed at the inlet to the bypass device in the non-diverting position using the following procedure:

(A) Installing either of the following:

(I) A car-seal.

(II) A lock-and-key configuration.

(B) Visually inspecting the mechanism in clause (A) to verify that the valve is maintained in the non-diverting position on or before February 8, 2023, with monthly inspections separated by at least 15 calendar days but not more than 45 calendar days.

(C) Maintaining the records under § 129.130(i)(4).

(iii) Subparagraphs (i) and (ii) do not apply to a low leg drain, high point bleed, analyzer vent, open-ended valve or line, or safety device.

(5) Conduct an assessment that meets the requirements of subsection (c).

(6) Maintain the records under § 129.130(i) and submit the reports under § 129.130(k)(3)(viii).

(c) Requirements for closed vent system design and capacity assessment. An owner or operator that installs a closed vent system under subsection (b) shall perform a design and capacity assessment which must include the following:

(1) Be prepared under the supervision of an in-house engineer or qualified professional engineer.

(2) Verify the following:

(i) That the closed vent system is of sufficient design and capacity to ensure that the emissions from the emission source are routed to the control device or process.

(ii) That the control device or process is of sufficient design and capacity to accommodate the emissions from the emission source.

(3) Be certified, signed and dated by the engineer supervising the assessment, including the statement: ‘‘I certify that the closed vent design and capacity assessment was prepared under my supervision. I further certify that the assessment was conducted and this report was prepared under the requirements of 25 Pa. Code § 129.128(c). Based on my professional knowledge and experience, and inquiry of personnel involved in the assessment, the certification submitted herein is true, accurate, and complete. I am aware that there are penalties for knowingly submitting false information.’’

(d) No detectable emissions procedures. The owner or operator shall conduct the no detectable emissions inspection required under subsection (b)(2)(ii) by performing one of the following:

(1) Use OGI equipment that meets § 129.127(h).

(2) Use a gas leak detection instrument that meets § 129.127(i). The owner or operator may adjust the gas leak detection instrument readings as specified in § 129.127(k).

(3) Use another leak detection method approved by the Department.

(4) Determine if a potential leak interface operates with no detectable emissions, if the gas leak detection instrument reading is not a leak as defined in § 129.122(a) (relating to definitions, acronyms and EPA methods).

The provisions of this § 129.128 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.128 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.123 (relating to storage vessels); 25 Pa. Code § 129.125 (relating to natural gas-driven diaphragm pumps); 25 Pa. Code § 129.126 (relating to compressors); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); and 25 Pa. Code § 129.130 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.129 Control devices.

(a) Applicability. This section applies to the owner or operator of each control device that receives a liquid, gas, vapor or fume from a source subject to § 129.123(b)(1)(iii), § 129.125(b)(1)(ii) or (c)(1), or § 129.126(b)(2) or (c)(2) (relating to storage vessels; natural gas-driven diaphragm pumps; and compressors).

(1) The owner or operator shall perform the following:

(i) Operate each control device whenever a liquid, gas, vapor or fume is routed to the control device.

(ii) Maintain the records under § 129.130(j) (relating to recordkeeping and reporting) and submit the reports under § 129.130(k)(3)(ix).

(2) The owner or operator may route the liquid, gas, vapor or fume from more than one source subject to § 129.123(b)(1)(iii), § 129.125(b)(1)(ii) or (c)(1), or § 129.126(b)(2) or (c)(2) to a control device installed and operated under this section.

(b) General requirements for a control device. The owner or operator of a control device subject to this section shall install and operate one or more control devices listed in subsections (c)—(i). The owner or operator shall meet the following requirements, as applicable:

(1) Operate the control device following the manufacturer’s written operating instructions, procedures and maintenance schedule to ensure good air pollution control practices for minimizing VOC emissions.

(2) Ensure that the control device is maintained in a leak-free condition by conducting a physical integrity check according to the manufacturer’s instructions, with monthly inspections separated by at least 15 calendar days but not more than 45 calendar days.

(3) Maintain a pilot flame while operating the control device and monitor the pilot flame by installing a heat sensing CPMS as specified under subsection (m)(3). If the heat sensing CPMS indicates the absence of the pilot flame or if the control device is smoking or shows other signs of improper equipment operation, ensure the control device is returned to proper operation by performing the following procedures:

(i) Checking the air vent for obstruction and clearing an observed obstruction.

(ii) Checking for liquid reaching the combustor.

(4) Operate the control device with no visible emissions, except for periods not to exceed a total of 1 minute during a 15-minute period as determined by conducting a visible emissions test according to Section 11 of EPA Method 22.

(i) Each monthly visible emissions test shall be separated by at least 15 calendar days but not more than 45 calendar days.

(ii) The observation period for the test in subparagraph (i) shall be 15 minutes.

(5) Repair the control device if it fails the visible emissions test of paragraph (4) as specified in subparagraph (i) or subparagraph (ii) and return the control device to compliant operation.

(i) The manufacturer’s repair instructions, if available.

(ii) The best combustion engineering practice applicable to the control device if the manufacturer’s repair instructions are not available.

(6) Ensure the control device passes the EPA Method 22 visual emissions test described in paragraph (4) following return to operation from a maintenance or repair activity.

(7) Record the inspection, repair and maintenance activities for the control device in a maintenance and repair log.

(c) Compliance requirements for a manufacturer-tested combustion device. The owner or operator of a control device subject to this section that installs a control device tested under 40 CFR 60.5413a(d) (relating to what are the performance testing procedures for control devices used to demonstrate compliance at my centrifugal compressor and storage vessel affected facilities?) shall meet subsection (b)(1)—(7) and the following:

(1) Maintain the inlet gas flow rate at less than or equal to the maximum flow rate specified by the manufacturer. This is confirmed by one of the following:

(i) Installing, operating and maintaining a flow CPMS that meets subsection (m)(1) and (2)(i) to measure gas flow rate at the inlet to the control device.

(ii) Conducting a periodic performance test under subsection (k) instead of installing a flow CPMS to demonstrate that the mass content of VOC in the gases vented to the device is reduced by 95.0% by weight or greater.

(2) Submit an electronic copy of the performance test results to the EPA as required by 40 CFR 60.5413a(d) in accordance with 40 CFR 60.5413a(e)(6).

(d) Compliance requirements for an enclosed combustion device. The owner or operator of a control device subject to this section that installs an enclosed combustion device, such as a thermal vapor incinerator, catalytic vapor incinerator, boiler or process heater, shall meet subsection (b)(1)—(7) and the following:

(1) Ensure the enclosed combustion control device is designed and operated to meet one of the following performance requirements:

(i) To reduce the mass content of VOC in the gases vented to the device by 95.0% by weight or greater, as determined under subsection (k).

(ii) To reduce the concentration of TOC in the exhaust gases at the outlet to the device to a level less than or equal to 275 ppmvd as propane corrected to 3% oxygen as determined under subsection (l).

(iii) To operate at a minimum temperature of 760 °Celsius (1,400 °Fahrenheit), if it is demonstrated during the performance test conducted under subsection (k) that combustion zone temperature is an indicator of destruction efficiency.

(iv) To introduce the vent stream into the flame zone of the boiler or process heater if a boiler or process heater is used as the control device.

(2) Install, calibrate, operate and maintain a CPMS according to the manufacturer’s specifications and subsection (m) to measure the values of the operating parameters appropriate to the control device as follows:

(i) For a thermal vapor incinerator that demonstrates under subsection (m)(6)(i) that combustion zone temperature is an accurate indicator of performance, a temperature CPMS that meets subsection (m)(1) and (4) with the temperature sensor installed at a location representative of the combustion zone temperature.

(ii) For a catalytic vapor incinerator, a temperature CPMS capable of monitoring temperature at two locations and that meets subsection (m)(1) and (4) with one temperature sensor installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor installed in the vent stream at the nearest feasible point to the catalyst bed outlet.

(iii) For a boiler or process heater that demonstrates under subsection (m)(6)(i) that combustion zone temperature is an accurate indicator of performance, a temperature CPMS that meets subsection (m)(1) and (4) with the temperature sensor installed at a location representative of the combustion zone temperature. The monitoring requirements do not apply if the boiler or process heater meets either of the following:

(A) Has a design heat input capacity of 44 megawatts (150 MMBtu per hour) or greater.

(B) Introduces the vent stream with the primary fuel or uses the vent stream as the primary fuel.

(iv) For a control device complying with paragraph (1)(ii), an organic concentration CPMS that meets subsection (m)(1) and (5) that measures the concentration level of organic compounds in the exhaust vent stream from the control device.

(3) Operate the control device in compliance with the operating parameter value established under subsection (m)(6).

(4) Calculate the daily average of the monitored operating parameter for each operating day, using the valid data recorded by the monitoring system under subsection (m)(7).

(5) Ensure that the daily average of the monitoring parameter value calculated under paragraph (4) complies with the parameter value established under paragraph (3) as specified in subsection (m)(9).

(6) Operate the CPMS installed under paragraph (2) whenever the source is operating, except during the times specified in subsection (m)(8)(iii).

(e) Compliance requirements for a flare. The owner or operator of a control device subject to this section that installs a flare designed and operated in accordance with 40 CFR 60.18(b) (relating to general control device and work practice requirements) shall meet subsection (b)(3)—(7).

(f) Compliance requirements for a carbon adsorption system. The owner or operator of a control device subject to this section that installs a carbon adsorption system shall meet subsection (b)(1) and (2) and the following:

(1) Design and operate the carbon adsorption system to reduce the mass content of VOC in the gases vented to the device as demonstrated by one of the following:

(i) Determining the VOC emission reduction is 95.0% by weight or greater as specified in subsection (k).

(ii) Reducing the concentration of TOC in the exhaust gases at the outlet to the device to a level less than or equal to 275 ppmvd as propane corrected to 3% oxygen as determined under subsection (l).

(iii) Conducting a design analysis in accordance with subsection (g)(6) or subsection (h)(2) as applicable.

(2) Include a carbon replacement schedule in the design of the carbon adsorption system.

(3) Replace the carbon in the control device with fresh carbon on a regular schedule that is no longer than the carbon service life established according to the design analysis in subsection (g)(6) or subsection (h)(2) or according to the replacement schedule in paragraph (2).

(4) Manage the spent carbon removed from the carbon adsorption system in paragraph (3) by one of the following:

(i) Regenerating or reactivating the spent carbon in one of the following:

(A) A thermal treatment unit for which the owner or operator has been issued a permit under 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program) that implements the requirements of 40 CFR Part 264, Subpart X (relating to miscellaneous units).

(B) A unit equipped with operating organic air emission controls in accordance with an emissions standard for VOC under a subpart in 40 CFR Part 60 (relating to standards of performance for new stationary sources) or 40 CFR Part 63 (relating to National emission standards for hazardous air pollutants for source categories).

(ii) Burning the spent carbon in one of the following:

(A) A hazardous waste incinerator, boiler or industrial furnace for which the owner or operator complies with the requirements of 40 CFR Part 63, Subpart EEE (relating to National emission standards for hazardous air pollutants from hazardous waste combustors) and has submitted a Notification of Compliance under 40 CFR 63.1207(j) (relating to what are the performance testing requirements?).

(B) An industrial furnace for which the owner or operator has been issued a permit under 40 CFR Part 270 that implements the requirements of 40 CFR Part 266, Subpart H (relating to hazardous waste burned in boilers and industrial furnaces).

(C) An industrial furnace designed and operated in accordance with the interim status requirements of 40 CFR Part 266, Subpart H.

(g) Additional compliance requirements for a regenerative carbon adsorption system. The owner or operator of a control device subject to this section that installs a regenerative carbon adsorption system shall meet subsection (f) and the following:

(1) Install, calibrate, operate and maintain a CPMS according to the manufacturer’s specifications and the applicable requirements of subsection (m) to measure the values of the operating parameters appropriate to the control device as follows:

(i) For a source complying with subsection (f)(1)(i), a flow CPMS system that meets the requirements of subsection (m)(1) and (2)(ii) to measure and record the average total regeneration steam mass flow or volumetric flow during each carbon bed regeneration cycle. The owner or operator shall inspect the following:

(A) The mechanical connections for leakage with monthly inspections separated by at least 15 calendar days but not more than 45 calendar days.

(B) The components of the flow CPMS for physical and operational integrity if the flow CPMS is not equipped with a redundant flow sensor with quarterly inspections separated by at least 60 calendar days but not more than 120 calendar days.

(C) The electrical connections of the flow CPMS for oxidation and galvanic corrosion if the flow CPMS is not equipped with a redundant flow sensor with quarterly inspections separated by at least 60 calendar days but not more than 120 calendar days.

(ii) For a source complying with subsection (f)(1)(i), a temperature CPMS that meets the requirements of subsection (m)(1) and (4) to measure and record the average carbon bed temperature for the duration of the carbon bed steaming cycle and measure the actual carbon bed temperature after regeneration and within 15 minutes of completing the cooling cycle.

(iii) For a source complying with subsection (f)(1)(ii), an organic concentration CPMS that meets subsection (m)(1) and (5) that measures the concentration level of organic compounds in the exhaust vent stream from the control device.

(2) Operate the control device in compliance with the operating parameter value established under subsection (m)(6).

(3) Calculate the daily average of the applicable monitored operating parameter for each operating day, using the valid data recorded by the CPMS as specified in subsection (m)(7).

(4) Ensure that the daily average of the monitoring parameter value calculated under paragraph (3) complies with the parameter value established under paragraph (2) as specified in subsection (m)(9).

(5) Operate the CPMS installed in paragraph (1) whenever the source is operating, except during the times specified in subsection (m)(8)(iii).

(6) Ensure that the design analysis to meet subsection (f)(1)(iii) and (2) for the regenerable carbon adsorption system meets the following:

(i) Includes an analysis of the vent stream, including the following information:

(A) Composition.

(B) Constituent concentrations.

(C) Flowrate.

(D) Relative humidity.

(E) Temperature.

(ii) Establishes the following parameters for the regenerable carbon adsorption system:

(A) Design exhaust vent stream organic compound concentration level.

(B) Adsorption cycle time.

(C) Number and capacity of carbon beds.

(D) Type and working capacity of activated carbon used for the carbon beds.

(E) Design total regeneration stream flow over the period of each complete carbon bed regeneration cycle.

(F) Design carbon bed temperature after regeneration.

(G) Design carbon bed regeneration time.

(H) Design service life of the carbon.

(h) Additional compliance requirements for a non-regenerative carbon adsorption system. The owner or operator of a control device subject to this section that installs a non-regenerative carbon adsorption system shall meet subsection (f) and the following:

(1) Monitor the design carbon replacement interval established in subsection (f)(2) or paragraph (2). The design carbon replacement interval must be based on the total carbon working capacity of the control device and the source operating schedule.

(2) Ensure that the design analysis to meet subsection (f)(1)(iii) and (2) for a non-regenerable carbon adsorption system, such as a carbon canister, meets the following:

(i) Includes an analysis of the vent stream including the following information:

(A) Composition.

(B) Constituent concentrations.

(C) Flowrate.

(D) Relative humidity.

(E) Temperature.

(ii) Establishes the following parameters for the non-regenerable carbon adsorption system:

(A) Design exhaust vent stream organic compound concentration level.

(B) Capacity of the carbon bed.

(C) Type and working capacity of activated carbon used for the carbon bed.

(D) Design carbon replacement interval based on the total carbon working capacity of the control device and the source operating schedule.

(iii) Incorporates dual carbon canisters in case of emission breakthrough occurring in one canister.

(i) Compliance requirements for a condenser or non-destructive control device. The owner or operator of a control device subject to this section that installs a condenser or other non-destructive control device shall meet subsection (b)(1) and (2) and the following:

(1) Design and operate the condenser or other non-destructive control device to reduce the mass content of VOC in the gases vented to the device as demonstrated by one of the following:

(i) Determining the VOC emissions reduction is 95.0% by weight or greater under subsection (k).

(ii) Reducing the concentration of TOC in the exhaust gases at the outlet to the device to a level less than or equal to 275 ppmvd as propane corrected to 3% oxygen as determined under subsection (l).

(iii) Conducting a design analysis in accordance with paragraph (7).

(2) Prepare a site-specific monitoring plan that addresses the following CPMS design, data collection, and quality assurance and quality control elements:

(i) The performance criteria and design specifications for the CPMS equipment, including the following:

(A) The location of the sampling interface that allows the CPMS to provide representative measurements. For a temperature CPMS that meets the requirements of subsection (m)(1) and (4) the sensor must be installed in the exhaust vent stream as detailed in the procedures of the site-specific monitoring plan.

(B) Equipment performance checks, system accuracy audits or other audit procedures.

(I) Performance evaluations of each CPMS shall be conducted in accordance with the site-specific monitoring plan.

(II) CPMS performance checks, system accuracy audits or other audit procedures specified in the site-specific monitoring plan shall be conducted at least once every 12 months.

(ii) Ongoing operation and maintenance procedures in accordance with 40 CFR 60.13(b) (relating to monitoring requirements).

(iii) Ongoing reporting and recordkeeping procedures in accordance with 40 CFR 60.7(c), (d) and (f) (relating to notification and record keeping).

(3) Install, calibrate, operate and maintain a CPMS according to the site-specific monitoring plan described in paragraph (2) and the applicable requirements of subsection (m) to measure the values of the operating parameters appropriate to the control device as follows:

(i) For a source complying with paragraph (1)(i), a temperature CPMS that meets subsection (m)(1) and (4) to measure and record the average condenser outlet temperature.

(ii) For a source complying with paragraph (1)(ii), an organic concentration CPMS that meets subsection (m)(1) and (5) that measures the concentration level of organic compounds in the exhaust vent stream from the control device.

(4) Operate the control device in compliance with the operating parameter value established under subsection (m)(6).

(5) Calculate the daily average of the applicable monitored operating parameter for each operating day, using the valid data recorded by the CPMS as follows:

(i) For a source complying with paragraph (1)(i), use the calculated daily average condenser outlet temperature as specified in subsection (m)(7) and the condenser performance curve established under subsection (m)(6)(iii) to determine the condenser efficiency for the current operating day. Calculate the 365-day rolling average TOC emission reduction, as appropriate, from the condenser efficiencies as follows:

(A) If there is less than 120 days of data for determining average TOC emission reduction, calculate the average TOC emission reduction for the first 120 days of operation. Compliance is demonstrated with paragraph (1)(i) if the 120-day average TOC emission reduction is equal to or greater than 95.0% by weight.

(B) After 120 days and no more than 364 days of operation, calculate the average TOC emission reduction as the TOC emission reduction averaged over the number of days of operation for which there is data. Compliance is demonstrated with paragraph (1)(i) if the average TOC emission reduction is equal to or greater than 95.0% by weight.

(C) If there is data for 365 days or more of operation, compliance is demonstrated with the TOC emission reduction if the rolling 365-day average TOC emission reduction calculated in subparagraph (i) is equal to or greater than 95.0% by weight.

(ii) For a source complying with paragraph (1)(ii), calculate the daily average concentration for each operating day, using the data recorded by the CPMS as specified in subsection (m)(7). Compliance is demonstrated with paragraph (1)(ii) if the daily average concentration is less than the operating parameter under paragraph (4) as specified in subsection (m)(9).

(6) Operate the CPMS installed in accordance with paragraph (3) whenever the source is operating, except during the times specified in subsection (m)(8)(iii).

(7) Ensure that the design analysis to meet paragraph (1)(iii) for a condenser or other non-destructive control device meets the following:

(i) Includes an analysis of the vent stream including the following information:

(A) Composition.

(B) Constituent concentrations.

(C) Flowrate.

(D) Relative humidity.

(E) Temperature.

(ii) Establishes the following parameters for the condenser or other non-destructive control device:

(A) Design outlet organic compound concentration level.

(B) Design average temperature of the condenser exhaust vent stream.

(C) Design average temperatures of the coolant fluid at the condenser inlet and outlet.

(j) General performance test requirements. The owner or operator shall meet the following performance test requirements:

(1) The owner or operator shall do the following, as applicable:

(i) Except as specified in subparagraph (iii), conduct an initial performance test within 180 days after installation of a control device.

(ii) Except as specified in subparagraph (iii), conduct a performance test of an existing control device on or before August 7, 2023, unless the owner or operator of the control device is complying with an established performance test interval, in which case the current schedule should be maintained.

(iii) The performance test in subparagraph (i) or subparagraph (ii) is not required if the owner or operator meets one or more of the following:

(A) Installs a manufacturer-tested combustion device that meets the requirements of subsection (c).

(B) Installs a flare that meets the requirements of subsection (e).

(C) Installs a boiler or process heater with a design heat input capacity of 44 megawatts (150 MMBtu per hour) or greater.

(D) Installs a boiler or process heater which introduces the vent stream with the primary fuel or uses the vent stream as the primary fuel.

(E) Installs a boiler or process heater which burns hazardous waste that meets one or more of the following:

(I) For which an operating permit was issued under 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program) and complies with the requirements of 40 CFR Part 266, Subpart H.

(II) For which compliance with the interim status requirements of 40 CFR Part 266, Subpart H has been certified.

(III) Which complies with 40 CFR Part 63, Subpart EEE and for which a Notification of Compliance under 40 CFR 63.1207(j) was submitted to the Department.

(IV) Which complies with 40 CFR Part 63, Subpart EEE and for which a Notification of Compliance under 40 CFR 63.1207(j) will be submitted to the Department within 90 days of the completion of the initial performance test report unless a written request for an extension is submitted to the Department.

(F) Installs a hazardous waste incinerator which meets the requirements of 40 CFR Part 63, Subpart EEE and for which the Notification of Compliance under 40 CFR 63.1207(j):

(I) Was submitted to the Department.

(II) Will be submitted to the Department within 90 days of the completion of the initial performance test report unless a written request for an extension is submitted to the Department.

(G) Requests the performance test be waived under 40 CFR 60.8(b) (relating to performance tests).

(2) Conduct a periodic performance test no more than 60 months after the most recent performance test unless the owner or operator:

(i) Monitors the inlet gas flow for a manufacturer-tested combustion device under subsection (c)(1)(i).

(ii) Installs a control device exempt from testing requirements under paragraph (1)(iii)(A)—(G).

(iii) Establishes a correlation between firebox or combustion chamber temperature and the VOC performance level for an enclosed combustion device under subsection (d)(2)(iii).

(3) Conduct a performance test when establishing a new operating limit.

(k) Performance test method for demonstrating compliance with a control device weight-percent VOC emission reduction requirement. Demonstrate compliance with the control device weight-percent VOC emission reduction requirements of subsections (c)(1)(ii), (d)(1)(i), (f)(1)(i) and (i)(1)(i) by meeting subsection (j) and the following:

(1) Conducting a minimum of three test runs of at least 1-hour duration.

(2) Using EPA Method 1 or EPA Method 1A, as appropriate, to select the sampling sites which must be located at the inlet of the first control device and at the outlet of the final control device. References to particulate mentioned in EPA Method 1 or EPA Method 1A do not apply to this paragraph.

(3) Using EPA Method 2, EPA Method 2A, EPA Method 2C or EPA Method 2D, as appropriate, to determine the gas volumetric flowrate.

(4) Using EPA Method 25A to determine compliance with the control device percent VOC emission reduction performance requirement using the following procedure:

(i) Convert the EPA Method 25A results to a dry basis, using EPA Method 4.

(ii) Compute the mass rate of TOC using the following equations:

Ei = K2CiMpQi

Eo = K2CoMpQo

Where:

Ei = Mass rate of TOC at the inlet of the control device on a dry basis, in kilograms per hour (pounds per hour).

Eo = Mass rate of TOC at the outlet of the control device on a dry basis, in kilograms per hour (pounds per hour).

K2 = Constant, 2.494 x 10-6 (ppm) (mole per standard cubic meter) (kilogram per gram) (minute per hour) where standard temperature (mole per standard cubic meter) is 20 °Celsius.

Or

K2 = Constant, 1.554 x 10-7 (ppm) (lb-mole per standard cubic feet) (minute per hour), where standard temperature (lb-mole per standard cubic feet) is 68 °Fahrenheit.

Ci = Concentration of TOC, as propane, of the gas stream as measured by EPA Method 25A at the inlet of the control device, ppmvd.

Co = Concentration of TOC, as propane, of the gas stream as measured by EPA Method 25A at the outlet of the control device, ppmvd.

Mp = Molecular weight of propane, 44.1 gram per mole (pounds per lb-mole).

Qi = Flowrate of gas stream at the inlet of the control device in dry standard cubic meter per minute (dry standard cubic feet per minute).

Qo = Flowrate of gas stream at the outlet of the control device in dry standard cubic meter per minute (dry standard cubic feet per minute).

(iii) Calculate the percent reduction in TOC as follows:

Ei - EoRcd =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.130 Recordkeeping and reporting.

(a) Recordkeeping. The owner or operator of a source subject to § § 129.121—129.129 shall maintain the applicable records onsite or at the nearest local field office for 5 years. The records shall be made available to the Department upon request.

(b) Storage vessels. The records for each storage vessel must include the following, as applicable:

(1) The identification and location of each storage vessel subject to § 129.123 (relating to storage vessels). The location of the storage vessel shall be in latitude and longitude coordinates in decimal degrees to an accuracy and precision of 5 decimals of a degree using the North American Datum of 1983.

(2) Each deviation when the storage vessel was not operated in compliance with the requirements specified in § 129.123.

(3) The identity of each storage vessel removed from service under § 129.123(e) and the date on which it was removed from service.

(4) The identity of each storage vessel returned to service under § 129.123(f) and the date on which it was returned to service.

(5) The identity of each storage vessel and the VOC potential to emit calculation under § 129.123(a)(2).

(6) The identity of each storage vessel and the actual VOC emission calculation under § 129.123(c)(2)(i) including the following information:

(i) The date of each monthly calculation performed under § 129.123(c)(2)(i).

(ii) The calculation determining the actual VOC emissions each month.

(iii) The calculation demonstrating that the actual VOC emissions are less than 2.7 TPY determined as a 12-month rolling sum.

(7) The records documenting the time the skid-mounted or mobile storage vessel under § 129.123(d)(1) is located on site. If a skid-mounted or mobile storage vessel is removed from a site and either returned or replaced within 30 calendar days to serve the same or similar function, count the entire period since the original storage vessel was removed towards the number of consecutive days.

(8) The identity of each storage vessel required to reduce VOC emissions under § 129.123(b)(1) and the demonstration under § 129.123(b)(1)(iv).

(c) Natural gas-driven continuous bleed pneumatic controllers. The records for each natural gas-driven continuous bleed pneumatic controller must include the following, as applicable:

(1) The required compliance date, identification, location and manufacturer specifications for each natural gas-driven continuous bleed pneumatic controller subject to § 129.124(c) (relating to natural gas-driven continuous bleed pneumatic controllers).

(2) Each deviation when the natural gas-driven continuous bleed pneumatic controller was not operated in compliance with the requirements specified in § 129.124(c).

(3) If the natural gas-driven continuous bleed pneumatic controller is located at a natural gas processing plant, the documentation that the natural gas bleed rate is zero.

(4) For a natural gas-driven continuous bleed pneumatic controller under § 129.124(b), the determination based on a functional requirement for why a natural gas bleed rate greater than the applicable standard is required. A functional requirement includes one or more of the following:

(i) Response time.

(ii) Safety.

(iii) Positive actuation.

(d) Natural gas-driven diaphragm pumps. The records for each natural gas-driven diaphragm pump must include the following, as applicable:

(1) The required compliance date, location and manufacturer specifications for each natural gas-driven diaphragm pump subject to § 129.125 (relating to natural gas-driven diaphragm pumps).

(2) Each deviation when the natural gas-driven diaphragm pump was not operated in compliance with the requirements specified in § 129.125.

(3) For a natural gas-driven diaphragm pump under § 129.125(d), the records of the days of operation each calendar year. Any period of operation during a calendar day counts toward the 90-calendar-day threshold.

(4) For a natural gas-driven diaphragm pump under § 129.125(c)(1), maintain the following records:

(i) The records under subsection (j) for the control device type.

(ii) One of the following:

(A) The results of a performance test under § 129.129(k) or (l) (relating to control devices).

(B) A design evaluation indicating the percentage of VOC emissions reduction the control device is designed to achieve.

(C) The manufacturer’s specifications indicating the percentage of VOC emissions reduction the control device is designed to achieve.

(5) For a well site with no available control device or process under § 129.125(c)(2), maintain a copy of the certification submitted under subsection (k)(3)(iii)(B)(II).

(6) The engineering assessment substantiating a claim under § 129.125(c)(3), including the certification under § 129.125(c)(3)(ii)(C).

(7) For a natural gas-driven diaphragm pump required to reduce VOC emissions under § 129.125(b)(1), the demonstration under § 129.125(b)(1)(iii).

(e) Reciprocating compressors. The records for each reciprocating compressor must include the following, as applicable:

(1) For a reciprocating compressor under § 129.126(b)(1)(i) (relating to compressors), the following records:

(i) The cumulative number of hours of operation.

(ii) The date and time of each rod packing replacement.

(2) For a reciprocating compressor under § 129.126(b)(1)(ii), the following records:

(i) The number of months since the previous replacement of the rod packing.

(ii) The date of each rod packing replacement.

(3) For a reciprocating compressor under § 129.126(b)(2), the following records:

(i) A statement that emissions from the rod packing are being routed to a control device or a process through a closed vent system under negative pressure.

(ii) The date of installation of a rod packing emissions collection system and closed vent system as specified in § 129.126(b)(2).

(4) Each deviation when the reciprocating compressor was not operated in compliance with § 129.126(b).

(f) Centrifugal compressors. The records for each centrifugal compressor must include the following, as applicable:

(1) An identification of each existing centrifugal compressor using a wet seal system subject to § 129.126(c).

(2) Each deviation when the centrifugal compressor was not operated in compliance with § 129.126(c).

(3) For a centrifugal compressor required to reduce VOC emissions under § 129.126(c)(1), the demonstration under § 129.126(c)(3).

(g) Fugitive emissions components. The records for each fugitive emissions component must include the following, as applicable:

(1) For an oil well site subject to § 129.127(c)(1)(ii) (relating to fugitive emissions components):

(i) The location of each well and its United States Well ID Number.

(ii) The analysis documenting a GOR of less than 300 standard cubic feet of gas per barrel of oil produced, conducted using generally accepted methods. The analysis must be signed by and include a certification by the responsible official stating that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.

(2) For each well site, the average production calculations required under § 129.127(b)(1) and § 129.127(c)(4).

(3) For a well site subject to § 129.127(c)(2) or (c)(3), a natural gas gathering and boosting station or a natural gas processing plant:

(i) The fugitive emissions monitoring plan under § 129.127(g).

(ii) The records of each monitoring survey conducted under § 129.127(c)(2)(ii), (c)(3)(ii) or (e)(2). The monitoring survey must include the following information:

(A) The facility name and location.

(B) The date, start time and end time of the survey.

(C) The name of the equipment operator performing the survey.

(D) The monitoring instrument used.

(E) The ambient temperature, sky conditions and maximum wind speed at the time of the survey.

(F) Each deviation from the monitoring plan or a statement that there were none.

(G) Documentation of each fugitive emission including:

(I) The identification of each component from which fugitive emissions were detected.

(II) The instrument reading of each fugitive emissions component that meets the definition of a leak under § 129.122(a) (relating to definitions, acronyms and EPA methods).

(III) The repair methods applied in each attempt to repair the component.

(IV) The tagging or digital photographing of each component not repaired during the monitoring survey in which the fugitive emissions were discovered.

(V) The reason a component was placed on delay of repair.

(VI) The date of successful repair of the component.

(VII) If repair of the component was not completed during the monitoring survey in which the fugitive emissions were discovered, the information on the instrumentation or the method used to resurvey the component after repair.

(h) Covers. The records for each cover include the results of each cover inspection under § 129.128(a) (relating to covers and closed vent systems).

(i) Closed vent systems. The records for each closed vent system must include the following, as applicable:

(1) The results of each closed vent system inspection under § 129.128(b)(2).

(2) For the no detectable emissions inspections of § 129.128(d), a record of the monitoring survey as specified under subsection (g)(3)(ii).

(3) The engineering assessment under § 129.128(c), including the certification under § 129.128(c)(3).

(4) If the closed vent system includes a bypass device subject to § 129.128(b)(4), a record of:

(i) Each time the alarm is activated.

(ii) Each time the key is checked out, as applicable.

(iii) Each inspection required under § 129.128(b)(4)(ii)(B).

(j) Control devices. The records for each control device must include the following, as applicable:

(1) Make, model and serial number of the purchased device.

(2) Date of purchase.

(3) Copy of purchase order.

(4) Location of the control device in latitude and longitude coordinates in decimal degrees to an accuracy and precision of 5 decimals of a degree using the North American Datum of 1983.

(5) For the general requirements under § 129.129(b):

(i) The manufacturer’s written operating instructions, procedures and maintenance schedule to ensure good air pollution control practices for minimizing emissions under § 129.129(b)(1).

(ii) The results of each monthly physical integrity check performed under § 129.129(b)(2).

(iii) The CPMS data which indicates the presence of a pilot flame during the device’s operation under § 129.129(b)(3).

(iv) The results of the visible emissions test under § 129.129(b)(4) using Figure 22-1 in EPA Method 22 or a form which includes the following:

(A) The name of the company that owns or operates the control device.

(B) The location of the control device.

(C) The name and affiliation of the person performing the observation.

(D) The sky conditions at the time of observation.

(E) Type of control device.

(F) The clock start time.

(G) The observation period duration, in minutes and seconds.

(H) The accumulated emission time, in minutes and seconds.

(I) The clock end time.

(v) The results of the visible emissions test required in § 129.129(b)(6) under subparagraph (iv) following a return to operation from a maintenance or repair activity performed under § 129.129(b)(5).

(vi) The maintenance and repair log under § 129.129(b)(7).

(6) For a manufacturer-tested combustion control device under § 129.129(c), maintain the following records:

(i) The records specified in paragraph (5)(i)—(vi).

(ii) The manufacturer’s specified inlet gas flow rate.

(iii) The CPMS results under § 129.129(c)(1)(i).

(iv) The results of each performance test conducted under § 129.129(c)(1)(ii) as performed under § 129.129(k).

(7) For an enclosed combustion device in § 129.129(d):

(i) The records specified in paragraph (5)(i)—(vi).

(ii) The results of each performance test conducted under § 129.129(d)(1)(i) as performed under § 129.129(k).

(iii) The results of each performance test conducted under § 129.129(d)(1)(ii) as performed under § 129.129(l).

(iv) The data and calculations for the CPMS installed, operated or maintained under § 129.129(d)(2).

(8) For a flare in § 129.129(e), the records specified in paragraph (5)(iii)—(vi).

(9) For a regenerative carbon adsorption device in § 129.129(g):

(i) The records specified in paragraph (5)(i) and (ii).

(ii) The results of the performance test conducted under § 129.129(f)(1)(i) as performed under § 129.129(k).

(iii) The results of the performance test conducted under § 129.129(f)(1)(ii) as performed under § 129.129(l).

(iv) The control device design analysis, if one is performed under § 129.129(g)(6).

(v) The data and calculations for a CPMS installed, operated or maintained under § 129.129(g)(1)—(5).

(vi) The schedule for carbon replacement, as determined by § 129.129(f)(2) or the design analysis requirements of § 129.129(g)(6) and records of each carbon replacement under § 129.129(f)(3) and (4).

(10) For a non-regenerative carbon adsorption device in § 129.129(h):

(i) The records specified in paragraph (5)(i) and (ii).

(ii) The results of the performance test conducted under § 129.129(f)(1)(i) as performed under § 129.129(k).

(iii) The results of the performance test conducted under § 129.129(f)(1)(ii) as performed under § 129.129(l).

(iv) The control device design analysis, if one is performed under § 129.129(h)(2).

(v) The schedule for carbon replacement, as determined by § 129.129(f)(2) or the design analysis requirements of § 129.129(h)(2) and records of each carbon replacement under § 129.129(f)(3) and (4).

(11) For a condenser or other non-destructive control device in § 129.129(i):

(i) The records specified in paragraph (5)(i) and (ii).

(ii) The results of the performance test conducted under § 129.129(i)(1)(i) as performed under § 129.129(k).

(iii) The results of the performance test conducted under § 129.129(i)(1)(ii) as performed under § 129.129(l).

(iv) The control device design analysis, if one is performed under § 129.129(i)(7).

(v) The site-specific monitoring plan under § 129.129(i)(2).

(vi) The data and calculations for a CPMS installed, operated or maintained under § 129.129(i)(3)—(5).

(k) Reporting. The owner or operator of a source subject to § 129.121(a) (relating to general provisions and applicability) shall do the following:

(1) Submit an initial annual report to the Air Program Manager of the appropriate Department Regional Office by December 10, 2023, and annually thereafter on or before June 1.

(i) The responsible official must sign, date and certify compliance and include the certification in the initial report and each subsequent annual report.

(ii) The due date of the initial report may be extended with the written approval of the Air Program Manager of the appropriate Department Regional Office.

(2) Submit the reports under paragraph (3) in a manner prescribed by the Department.

(3) Submit the information specified in subparagraphs (i)—(ix) for each report as applicable:

(i) Storage vessels. The report for each storage vessel must include the information specified in subsection (b)(1)—(4) for the reporting period, as applicable.

(ii) Natural gas-driven continuous bleed pneumatic controllers. The initial report for each natural gas-driven continuous bleed pneumatic controller must include the information specified in subsection (c), as applicable. Subsequent reports must include the following:

(A) The information specified in subsection (c)(1) and (2) for each natural gas-driven continuous bleed pneumatic controller.

(B) The information specified in subsection (c)(3) and (4) for each natural gas-driven continuous bleed pneumatic controller installed during the reporting period.

(iii) Natural gas-driven diaphragm pumps. The report for each natural gas-driven diaphragm pump must include the following:

(A) The information specified in subsection (d)(1) and (2) for the reporting period, as applicable.

(B) A certification of the compliance status of each natural gas-driven diaphragm pump during the reporting period using one of the following:

(I) A certification that the emissions from the natural gas-driven diaphragm pump are routed to a control device or process under § 129.125(b)(1)(ii) or (c)(1). If the control device is installed during the reporting period under § 129.125(c)(2)(iii), include the information specified in subsection (d)(4).

(II) A certification under § 129.125(c)(2) that there is no control device or process available at the facility during the reporting period. This includes if a control device or process is removed from the facility during the reporting period.

(III) A certification according to § 129.125(c)(3)(ii)(C) that it is technically infeasible to capture and route emissions from:

(-a-) A natural gas-driven diaphragm pump installed during the reporting period to an existing control device or process.

(-b-) An existing natural gas-driven diaphragm pump to a control device or process installed during the reporting period.

(-c-) An existing natural gas-driven diaphragm pump to another control device or process located at the facility due to the removal of the original control device or process during the reporting period.

(iv) Reciprocating compressors. The report for each reciprocating compressor must include the information specified in subsection (e) for the reporting period, as applicable.

(v) Centrifugal compressors. The report for each centrifugal compressor must include the information specified in subsection (f) for the reporting period, as applicable.

(vi) Fugitive emissions components. The report for each fugitive emissions component must include the records of each monitoring survey conducted during the reporting period as specified in subsection (g)(3)(ii).

(vii) Covers. The report for each cover must include the information specified in subsection (h) for the reporting period, as applicable.

(viii) Closed vent systems. The report for each closed vent system must include the information specified in subsection (i)(1) and (2) for the reporting period, as applicable. The information specified in subsection (i)(3) is only required for the initial report or if the closed vent system was installed during the reporting period.

(ix) Control devices. The report for each control device must include the information specified in subsection (j), as applicable.

The provisions of this § 129.130 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.130 added December 9, 2022, effective December 10, 2022, 52 Pa.B. 7587.

This section cited in 25 Pa. Code § 129.121 (relating to general provisions and applicability); 25 Pa. Code § 129.122 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.123 (relating to storage vessels); 25 Pa. Code § 129.124 (relating to natural gas-driven continuous bleed pneumatic controllers); 25 Pa. Code § 129.125 (relating to natural gas-driven diaphragm pumps); 25 Pa. Code § 129.126 (relating to compressors); 25 Pa. Code § 129.127 (relating to fugitive emissions components); 25 Pa. Code § 129.128 (relating to covers and closed vent systems); and 25 Pa. Code § 129.129 (relating to control devices).

(Editor’s Note: Under section 6(d) of the Regulatory Review Act, § § 129.131—129.140 took effect on the date of publication, which was December 10, 2022. See 52 Pa.B. 7635. Under section 6(d) of the Regulatory Review Act, § § 129.131—129.140 expire on: the later of 120 days after publication, which was April 10, 2023, or final disapproval, which did not take place. Sections 129.131—129.140 are, therefore, not subject to expiration.)

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.131 General provisions and applicability.

(a) Applicability. Beginning December 2, 2022, this section and § § 129.132—129.140 (relating to control of VOC emissions from conventional oil and natural gas sources) apply to an owner or operator of one or more of the following conventional oil and natural gas sources of VOC emissions installed at a conventional well site, a gathering and boosting station or a natural gas processing plant in this Commonwealth which were constructed on or before December 2, 2022:

(1) Storage vessels at:

(i) A conventional well site.

(ii) A gathering and boosting station.

(iii) A natural gas processing plant.

(iv) The natural gas transmission and storage segment.

(2) Natural gas-driven continuous bleed pneumatic controllers.

(3) Natural gas-driven diaphragm pumps.

(4) Reciprocating compressors and centrifugal compressors.

(5) Fugitive emissions components.

(b) Existing RACT permit. Compliance with the requirements of this section and § § 129.132—129.140 assures compliance with the requirements of a permit issued under § § 129.91—129.95 (relating to stationary sources of NOx and VOCs) or § § 129.96—129.100 (relating to additional RACT requirements for major sources of NOx and VOCs) to the owner or operator of a source subject to subsection (a) prior to December 2, 2022, to control, reduce or minimize VOC emissions from oil and natural gas sources listed in subsection (a), except to the extent the operating permit contains more stringent requirements.

The provisions of this § 129.131 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.131 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.133 (relating to storage vessels); 25 Pa. Code § 129.134 (relating to natural gas-driven continuous bleed pneumatic controllers); 25 Pa. Code § 129.135 (relating to natural gas-driven diaphragm pumps); 25 Pa. Code § 129.136 (relating to compressors); 25 Pa. Code § 129.137 (relating to fugitive emissions components); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.132 Definitions, acronyms and EPA methods.

(a) Definitions and acronyms. The following words and terms, when used in this section, § § 129.131 (relating to general provisions and applicability) and 129.133—129.140, have the following meanings, unless the context clearly indicates otherwise: AVO—Audible, visual and olfactory. Bleed rate—The rate in standard cubic feet per hour at which natural gas is continuously vented from a natural gas-driven continuous bleed pneumatic controller. Centrifugal compressor—

(i) A machine for raising the pressure of natural gas by drawing in low-pressure natural gas and discharging significantly higher-pressure natural gas by means of mechanical rotating vanes or impellers.

(ii) The term does not include a screw compressor, sliding vane compressor or liquid ring compressor. Closed vent system—A system that is not open to the atmosphere and that is composed of hard-piping, ductwork, connections and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device or back to a process. Condensate—Hydrocarbon liquid separated from natural gas that condenses due to changes in the temperature or pressure, or both, and remains liquid at standard conditions. Connector—

(i) A flanged fitting, screwed fitting or other joined fitting used to connect two pipes or a pipe and a piece of process equipment or that closes an opening in a pipe that could be connected to another pipe.

(ii) The term does not include a joined fitting welded completely around the circumference of the interface. Control device—An enclosed combustion device, vapor recovery system or flare. Conventional well—

(i) A bore hole drilled or being drilled for the purpose of or to be used for construction of a well regulated under 58 Pa.C.S. § § 3201—3274 (relating to development) that is not an unconventional well, irrespective of technology or design.

(ii) The term includes, but is not limited to:

(A) Wells drilled to produce oil.

(B) Wells drilled to produce natural gas from formations other than shale formations.

(C) Wells drilled to produce natural gas from shale formations located above the base of the Elk Group or its stratigraphic equivalent.

(D) Wells drilled to produce natural gas from shale formations located below the base of the Elk Group where natural gas can be produced at economic flow rates or in economic volumes without the use of vertical or nonvertical well bores stimulated by hydraulic fracture treatments or multilateral well bores or other techniques to expose more of the formation to the well bore.

(E) Irrespective of formation, wells drilled for collateral purposes, such as monitoring, geologic logging, secondary and tertiary recovery or disposal injection. Conventional well site—A location with exclusively one or more conventional wells. A location with both unconventional and conventional wells is considered to be an unconventional well site. Custody transfer—The transfer of natural gas after processing or treatment, or both, in the producing operation or from a storage vessel or an automatic transfer facility or other equipment, including a product loading rack, to a pipeline or another form of transportation. Deviation—An instance in which the owner or operator of a source subject to this section, § § 129.131 and 129.133—129.140 fails to meet one or more of the following:

(i) A requirement or an obligation established in this section, § 129.131 or § § 129.133—129.140, including an emission limit, operating limit or work practice standard.

(ii) A term or condition that is adopted to implement an applicable requirement in this section, § 129.131 or § § 129.133—129.140 and which is included in the operating permit for the affected source.

(iii) An emission limit, operating limit or work practice standard in this section, § 129.131 or § § 129.133—129.140 during startup, shutdown or malfunction, regardless of whether a failure is permitted by this section, § 129.131 or § § 129.133—129.140. FID—Flame ionization detector. First attempt at repair—For purposes of § 129.137 (relating to fugitive emissions components):

(i) An action using best practices taken to stop or reduce fugitive emissions to the atmosphere.

(ii) The term includes:

(A) Tightening bonnet bolts.

(B) Replacing bonnet bolts.

(C) Tightening packing gland nuts.

(D) Injecting lubricant into lubricated packing. Flare—

(i) A thermal oxidation system using an open flame without an enclosure.

(ii) The term does not include a horizontally or vertically installed ignition device or pit flare used to combust otherwise vented emissions from completions. Flow line—A pipeline used to transport oil or gas, or both, to processing equipment, compression equipment, storage vessel or other collection system for further handling or to a mainline pipeline. Fugitive emissions component—

(i) A piece of equipment that has the potential to emit fugitive emissions of VOC at a well site, including the following:

(A) A valve.

(B) A connector.

(C) A pressure relief device.

(D) An open-ended line.

(E) A flange.

(F) A compressor.

(G) An instrument.

(H) A meter.

(I) A cover or closed vent system not subject to § 129.138 (relating to covers and closed vent systems).

(J) A thief hatch or other opening on a controlled storage vessel not subject to § 129.133 (relating to storage vessels).

(ii) The term does not include a device, such as a natural gas-driven continuous bleed pneumatic controller or a natural gas-driven diaphragm pump, that vents as part of normal operations if the gas is discharged from the device’s vent. GOR—gas-to-oil ratio—The ratio of the volume of gas at standard temperature and pressure that is produced from a volume of oil when depressurized to standard temperature and pressure. Gathering and boosting station—

(i) A permanent combination of one or more compressors that collects natural gas from one or more well sites and moves the natural gas at increased pressure into a gathering pipeline to the natural gas processing plant or into the pipeline.

(ii) The term does not include the combination of one or more compressors located at a well site or located at an onshore natural gas processing plant. Hard-piping—Pipe or tubing that is manufactured and properly installed using good engineering judgment and standards. Hydraulic fracturing—The process of directing pressurized fluids containing a combination of water, proppant and added chemicals to penetrate tight formations, such as shale or coal formations, that subsequently require high rate, extended flowback to expel fracture fluids and solids during a completion. Hydraulic refracturing—Conducting a subsequent hydraulic fracturing operation at a well that has previously undergone a hydraulic fracturing operation. In-house engineer—An individual who is both of the following:

(i) Employed by the same owner or operator as the responsible official that signs the certification required under § 129.140(k) (relating to recordkeeping and reporting).

(ii) Qualified by education, technical knowledge and expertise in the design and operation of a natural gas-driven diaphragm pump or closed vent system to make the technical certification required under § 129.135(c)(3)(ii) (relating to natural gas driven diaphragm pumps) or § 129.138(c)(3), or both, as applicable. Intermediate hydrocarbon liquid—A naturally occurring, unrefined petroleum liquid. LDAR—Leak detection and repair. Leak—An emission detected using one or more of the following methods:

(i) Through audible, visual or odorous evidence during an AVO inspection.

(ii) By OGI equipment calibrated according to § 129.137(h).

(iii) With a concentration of 500 ppm or greater as methane or equivalent by a gas leak detector calibrated according to § 129.137(i).

(iv) Using an alternative leak detection method approved by the Department in § 129.137(c)(2)(ii)(C), (c)(3)(ii)(C) or (e)(2)(iii). Maximum average daily throughput—The single highest daily average throughput during the 30-day potential to emit evaluation period employing generally accepted methods. Monitoring system malfunction—

(i) A sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data.

(ii) The term does not include a system failure caused by poor maintenance or careless operation. Natural gas distribution segment—The delivery of natural gas to the end user by a distribution company after the distribution company receives the natural gas from the natural gas transmission and storage segment. Natural gas-driven continuous bleed pneumatic controller—An automated instrument used for maintaining a process condition such as liquid level, pressure, delta-pressure or temperature powered by a continuous flow of pressurized natural gas. Natural gas-driven diaphragm pump—

(i) A positive displacement pump powered by pressurized natural gas that uses the reciprocating action of flexible diaphragms in conjunction with check valves to pump a fluid.

(ii) The term does not include either of the following:

(A) A pump in which a fluid is displaced by a piston driven by a diaphragm.

(B) A lean glycol circulation pump that relies on energy exchange with the rich glycol from the contactor. Natural gas liquids—The hydrocarbons, such as ethane, propane, butane and pentane, that are extracted from field gas. Natural gas processing plant—

(i) A processing site engaged in the extraction of natural gas liquids from field gas, fractionation of mixed natural gas liquids to natural gas products, or both.

(ii) The term does not include a Joule-Thompson valve, a dew point depression valve or an isolated or standalone Joule-Thompson skid. Natural gas transmission and storage segment—The term includes the following:

(i) The pipelines used for the long-distance transport of natural gas, excluding processing.

(ii) The natural gas transmission stations which include the following:

(A) The land, mains, valves, meters, boosters, regulators, storage vessels, dehydrators and compressors.

(B) The driving units and appurtenances associated with the items listed in clause (A).

(C) The equipment used for transporting gas from a production plant, delivery point of purchased gas, gathering system, storage area or other wholesale source of gas to one or more distribution areas.

(iii) The aboveground storage facilities and underground storage facilities that transport and store natural gas between the natural gas processing plant and natural gas distribution segment. OGI—Optical gas imaging. Open-ended valve or line—A valve, except a safety relief valve, having one side of the valve seat in contact with process fluid and one side open to the atmosphere, either directly or through open piping. Produced water—Water that is extracted from the earth from an oil or natural gas production well or that is separated from crude oil, condensate or natural gas after extraction. Qualified professional engineer—

(i) An individual who is licensed by a state as a Professional Engineer to practice one or more disciplines of engineering and who is qualified by education, technical knowledge and experience to make the required specific technical certification.

(ii) The individual making this certification must be currently licensed in this Commonwealth or another state in which the responsible official, as defined in § 121.1 (relating to definitions), is located and with which the Commonwealth offers reciprocity. Quality assurance or quality control activity—An activity such as a system accuracy audit and a zero and span adjustment that ensures the proper calibration and operation of monitoring equipment. Reciprocating compressor—A piece of equipment that employs linear movement of a driveshaft to increase the pressure of a process gas by positive displacement. Reciprocating compressor rod packing—

(i) A series of flexible rings in machined metal cups that fit around the reciprocating compressor piston rod to create a seal limiting the amount of compressed natural gas that escapes to the atmosphere.

(ii) Another mechanism that provides the same function. Removed from service—A storage vessel that has been physically isolated and disconnected from the process for a purpose other than maintenance. Repaired—A piece of equipment that is adjusted or otherwise altered to eliminate a leak and is remonitored to verify that emissions from the equipment are at or below the applicable leak limitation. Returned to service—A storage vessel that was removed from service which has been:

(i) Reconnected to the original source of liquids or has been used to replace another storage vessel.

(ii) Installed in another location and introduced with crude oil, condensate, intermediate hydrocarbon liquids or produced water. Routed to a process or route to a process—The emissions are conveyed by means of a closed vent system to an enclosed portion of a process that is operational where the emissions are controlled in one or more of the following ways:

(i) Predominantly recycled or consumed, or both, in the same manner as a material that fulfills the same function in the process.

(ii) Transformed by chemical reaction into materials that are not regulated.

(iii) Incorporated into a product.

(iv) Recovered for beneficial use. Sensor—A device that measures a physical quantity or the change in a physical quantity such as temperature, pressure, flow rate, pH or liquid level. Storage vessel—

(i) A container used to collect crude oil, condensate, intermediate hydrocarbon liquids or produced water that is constructed primarily of non-earthen materials which provide structural support.

(ii) The term includes a container described in subparagraph (i) that is skid-mounted or permanently attached to something that is mobile which has been located at a site for 180 or more consecutive days.

(iii) The term does not include the following:

(A) A process vessel such as a surge control vessel, bottoms receiver or knockout vessel.

(B) A pressure vessel used to store a liquid or a gas and is designed to operate in excess of 204.9 kilopascals (29.7 pounds per square inch, absolute) and to not vent to the atmosphere as a result of compression of the vapor headspace during filling of the vessel.

(C) A container described in subparagraph (i) with a capacity greater than 100,000 gallons used to recycle water that has been passed through two-stage separation. Surface site—A combination of one or more graded pad sites, gravel pad sites, foundations, platforms or the immediate physical location upon which equipment is physically affixed. TOC—total organic compounds—The results of EPA Method 25A. UIC—Underground injection control. UIC Class I oilfield disposal well—A well with a UIC Class I permit that meets the definition in 40 CFR 144.6(a)(2) (relating to classification of wells) and receives eligible fluids from oil and natural gas exploration and production operations. UIC Class II oilfield disposal well—A well with a UIC Class II permit where wastewater resulting from oil and natural gas production operations is injected into underground porous rock formations not productive of oil or gas and sealed above and below by unbroken, impermeable strata. Unconventional formation—A geological shale formation existing below the base of the Elk Sandstone or its geologic equivalent stratigraphic interval where natural gas generally cannot be produced at economic flow rates or in economic volumes except by vertical or horizontal well bores stimulated by hydraulic fracture treatments or by using multilateral well bores or other techniques to expose more of the formation to the well bore. Unconventional well—A bore hole drilled or being drilled for the purpose of or to be used for the production of natural gas from an unconventional formation. Unconventional well site—A location with one or more unconventional wells. VRU—vapor recovery unit—A device used to recover vapor and route it to a process, flow line or other equipment. Well—A hole drilled for producing oil or natural gas or into which a fluid is injected.

(i) The piping, casing, tubing and connected valves protruding above the earth’s surface for an oil or natural gas well.

(ii) The wellhead ends where the flow line connects to a wellhead valve.

(iii) The term does not include other equipment at the well site except for a conveyance through which gas is vented to the atmosphere. Well site—

(i) One or more surface sites that are constructed for the drilling and subsequent operation of a conventional well or injection well.

(ii) For purposes of the fugitive emissions standards in § 129.137, the term also means a separate tank battery surface site collecting crude oil, condensate, intermediate hydrocarbon liquids or produced water from a well not located at the well site, for example, a centralized tank battery.

(iii) For purposes of the fugitive emissions standards in § 129.137, the term does not include:

(A) A UIC Class I oilfield disposal well.

(B) A UIC Class II oilfield disposal well and disposal facility.

(C) The flange immediately upstream of the custody meter assembly.

(D) Equipment, including fugitive emissions components, located downstream of the flange in clause (C).

(b) EPA methods. The EPA methods referenced in this section and § § 129.133—129.140 are those listed as follows, unless the context clearly indicates otherwise: EPA Method 1—EPA Method 1, 40 CFR Part 60, Appendix A-1 (relating to test methods 1 through 2F), regarding sample and velocity traverses for stationary sources. EPA Method 1A—EPA Method 1A, 40 CFR Part 60, Appendix A-1, regarding sample and velocity traverses for stationary sources with small stacks or ducts. EPA Method 2—EPA Method 2, 40 CFR Part 60, Appendix A-1, regarding determination of stack gas velocity and volumetric flow rate (Type S pitot tube). EPA Method 2A—EPA Method 2A, 40 CFR Part 60, Appendix A-1, regarding direct measurement of gas volume through pipes and small ducts. EPA Method 2C—EPA Method 2C, 40 CFR Part 60, Appendix A-1, regarding determination of gas velocity and volumetric flow rate in small stacks or ducts (standard pitot tube). EPA Method 2D—EPA Method 2D, 40 CFR Part 60, Appendix A-1, regarding measurement of gas volume flow rates in small pipes and ducts. EPA Method 3A—EPA Method 3A, 40 CFR Part 60, Appendix A-2 (relating to test methods 2G through 3C), regarding determination of oxygen and carbon dioxide concentrations in emissions from stationary sources (instrumental analyzer procedure). EPA Method 3B—EPA Method 3B, 40 CFR Part 60, Appendix A-2, regarding gas analysis for the determination of emission rate correction factor or excess air. EPA Method 4—EPA Method 4, 40 CFR Part 60, Appendix A-3 (relating to test methods 4 through 5I), regarding determination of moisture content in stack gases. EPA Method 18—EPA Method 18, 40 CFR Part 60, Appendix A-6 (relating to test methods 16 through 18), regarding measurement of gaseous organic compound emissions by gas chromatography. EPA Method 21—EPA Method 21, 40 CFR Part 60, Appendix A-7 (relating to test methods 19 through 25E), regarding determination of volatile organic compound leaks. EPA Method 22—EPA Method 22, 40 CFR Part 60, Appendix A-7, regarding visual determination of fugitive emissions from material sources and smoke emissions from flares. EPA Method 25A—EPA Method 25A, 40 CFR Part 60, Appendix A-7, regarding determination of total gaseous organic concentration using a flame ionization analyzer.

The provisions of this § 129.132 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.132 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.133 (relating to storage vessels); 25 Pa. Code § 129.137 (relating to fugitive emissions components); 25 Pa. Code § 129.138 (relating to covers and closed vent systems); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.133 Storage vessels.

(a) Applicability.

(1) Potential VOC emissions. Except as specified in subsections (c) and (d), this section applies to the owner or operator of a storage vessel subject to § 129.131(a)(1) (relating to general provisions and applicability) that has the potential to emit 2.7 TPY or greater VOC emissions.

(2) Calculation of potential VOC emissions.

(i) The potential VOC emissions in paragraph (1) must be calculated using a generally accepted model or calculation methodology, based on the maximum average daily throughput as defined in § 129.132 (relating to definitions, acronyms and EPA methods) prior to January 31, 2023, for an existing storage vessel.

(ii) The determination of potential VOC emissions may consider requirements under a legally and practically enforceable limit established in an operating permit or plan approval approved by the Department.

(iii) Vapor from the storage vessel that is recovered and routed to a process through a VRU is not required to be included in the determination of potential VOC emissions for purposes of determining applicability, if the owner or operator meets the following:

(A) The cover requirements in § 129.138(a) (relating to covers and closed vent systems).

(B) The closed vent system requirements in § 129.138(b).

(iv) If the apparatus that recovers and routes vapor to a process is removed from operation or is operated inconsistently with § 129.138, the owner or operator shall determine the storage vessel’s potential VOC emissions under this paragraph within 30 calendar days of the date of apparatus removal or inconsistent operation.

(b) VOC emissions limitations and control requirements. Except as specified in subsections (c) and (d), beginning December 2, 2023, the owner or operator of a storage vessel subject to this section shall reduce VOC emissions by 95.0% by weight or greater. The owner or operator shall comply with paragraph (1) or paragraph (2) as applicable.

(1) Route the VOC emissions to a control device. The owner or operator shall do the following:

(i) Equip the storage vessel with a cover that meets the requirements of § 129.138(a).

(ii) Connect the storage vessel to a control device or process through a closed vent system that meets the requirements of § 129.138(b).

(iii) Route the emissions from the storage vessel to a control device or a process that meets the applicable requirements of § 129.139 (relating to control devices).

(iv) Demonstrate that the VOC emissions are reduced as specified in § 129.139(k).

(2) Equip the storage vessel with a floating roof. The owner or operator shall install a floating roof that meets the requirements of 40 CFR 60.112b(a)(1) or (2) (relating to standard for volatile organic compounds (VOC)) and the relevant monitoring, inspection, recordkeeping and reporting requirements in 40 CFR Part 60, Subpart Kb (relating to standards of performance for volatile organic liquid storage vessels (including petroleum liquid storage vessels) for which construction, reconstruction, or modification commenced after July 23, 1984).

(c) Exceptions.

(1) The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a storage vessel that maintains actual VOC emissions less than 2.7 TPY determined as a 12-month rolling sum. An owner or operator claiming this exception shall perform the compliance demonstration requirements under paragraph (2) and maintain the records under subsection (g), as applicable.

(2) The owner or operator of a storage vessel claiming exception under this subsection shall perform the following:

(i) Beginning on or before January 1, 2023, calculate the actual VOC emissions once per calendar month using a generally accepted model or calculation methodology. The monthly calculations must meet the following:

(A) Be separated by at least 15 calendar days but not more than 45 calendar days.

(B) Be based on the monthly average throughput for the previous 30 calendar days.

(ii) Comply with subsection (b) within 1 year of the date of the monthly calculation showing that actual VOC emissions from the storage vessel have increased to 2.7 TPY VOC or greater.

(d) Exemptions. The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a storage vessel that meets one or more of the following:

(1) Is skid-mounted or permanently attached to something that is mobile for which records are available to document that it has been located at a site for less than 180 consecutive days. An owner or operator claiming this exemption shall maintain the records under subsection (g), as applicable.

(2) Is used in the natural gas distribution segment.

(3) Is controlled under 40 CFR Part 60, Subpart Kb or 40 CFR Part 63, Subpart G, Subpart CC, Subpart HH or Subpart WW.

(e) Requirements for a storage vessel removed from service. A storage vessel subject to this section that is removed from service is not an affected source for the period that it is removed from service if the owner or operator performs the following:

(1) Completely empties and degasses the storage vessel so that the storage vessel no longer contains crude oil, condensate, produced water or intermediate hydrocarbon liquids. A storage vessel where liquid is left on walls, as bottom clingage or in pools due to floor irregularity is considered to be completely empty.

(2) Submits a notification in the next annual report required under § 129.140(k)(1) (relating to recordkeeping and reporting) identifying each storage vessel removed from service during the reporting period and the date of its removal from service.

(f) Requirements for a storage vessel returned to service. The owner or operator of a storage vessel identified in subsection (e) that is returned to service shall submit a notification in the next annual report required under § 129.140(k)(1) identifying each storage vessel that has been returned to service during the reporting period and the date of its return to service.

(g) Recordkeeping and reporting requirements. The owner or operator of a storage vessel subject to this section shall maintain the records under § 129.140(b) and submit the reports under § 129.140(k)(3)(i).

The provisions of this § 129.133 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.133 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.137 (relating to fugitive emissions components); 25 Pa. Code § 129.138 (relating to covers and closed vent systems); 25 Pa. Code § 129.139 (relating to control devices); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.134 Natural gas-driven continuous bleed pneumatic controllers.

(a) Applicability. This section applies to the owner or operator of a natural gas-driven continuous bleed pneumatic controller subject to § 129.131(a)(2) (relating to general provisions and applicability) located prior to the point of custody transfer of oil to an oil pipeline or of natural gas to the natural gas transmission and storage segment.

(b) Exception. An owner or operator may use a natural gas-driven continuous bleed pneumatic controller subject to this section with a bleed rate greater than the applicable requirements in subsection (c) based on functional requirements. An owner or operator claiming this exception shall perform the compliance demonstration requirements under subsection (d) and maintain the records under subsection (e), as applicable.

(c) VOC emissions limitation requirements. Except as specified in subsection (b), beginning December 2, 2023, the owner or operator of a natural gas-driven continuous bleed pneumatic controller subject to this section shall do the following:

(1) Ensure each natural gas-driven continuous bleed pneumatic controller with a natural gas bleed rate greater than 6.0 standard cubic feet per hour, at a location other than a natural gas processing plant, maintains a natural gas bleed rate of less than or equal to 6.0 standard cubic feet per hour.

(2) Ensure each natural gas-driven continuous bleed pneumatic controller maintains a natural gas bleed rate of zero standard cubic feet per hour, if located at a natural gas processing plant.

(3) Perform the compliance demonstration requirements under subsection (d).

(d) Compliance demonstration requirements. The owner or operator shall tag each natural gas-driven continuous bleed pneumatic controller affected under subsection (c) with the following:

(1) The date the natural gas-driven continuous bleed pneumatic controller is required to comply with this section.

(2) An identification number that ensures traceability to the records for that natural gas-driven continuous bleed pneumatic controller.

(e) Recordkeeping and reporting requirements. The owner or operator of a natural gas-driven continuous bleed pneumatic controller affected under subsection (c) shall maintain the records under § 129.140(c) (relating to recordkeeping and reporting) and submit the reports under § 129.140(k)(3)(ii).

The provisions of this § 129.134 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.134 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.137 (relating to fugitive emissions components); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.135 Natural gas-driven diaphragm pumps.

(a) Applicability. This section applies to the owner or operator of a natural gas-driven diaphragm pump subject to § 129.131(a)(3) (relating to general provisions and applicability) located at a well site or natural gas processing plant.

(b) VOC emissions limitation and control requirements. Except as specified in subsections (c) and (d), beginning December 2, 2023, the owner or operator of a natural gas-driven diaphragm pump subject to this section shall comply with the following:

(1) Conventional well site. The owner or operator of a natural gas-driven diaphragm pump located at a conventional well site shall reduce the VOC emissions by 95.0% by weight or greater. The owner or operator shall do the following:

(i) Connect the natural gas-driven diaphragm pump to a control device or process through a closed vent system that meets the applicable requirements of § 129.138(b) (relating to covers and closed vent systems).

(ii) Route the emissions from the natural gas-driven diaphragm pump to a control device or a process that meets the applicable requirements of § 129.139 (relating to control devices).

(iii) Demonstrate that the VOC emissions are reduced as specified in § 129.139(k).

(2) Natural gas processing plant. The owner or operator of a natural gas-driven diaphragm pump located at a natural gas processing plant shall maintain an emission rate of zero standard cubic feet per hour.

(c) Exceptions. The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a natural gas-driven diaphragm pump located at a well site which meets one or more of the following:

(1) Routes emissions to a control device which is unable to reduce VOC emissions by 95.0% by weight or greater and there is no ability to route VOC emissions to a process. An owner or operator that claims this exception shall do the following:

(i) Maintain the records under § 129.140(d)(4) (relating to recordkeeping and reporting).

(ii) Connect the natural gas-driven diaphragm pump to the control device through a closed vent system that meets the requirements of § 129.138(b).

(iii) Demonstrate the percentage by which the VOC emissions are reduced as specified in § 129.139(k).

(2) Has no available control device or process. An owner or operator that claims this exception shall do the following:

(i) Maintain the records under § 129.140(d)(5).

(ii) Certify that there is no available control device or process in the next annual report required by § 129.140(k)(1).

(iii) Route emissions from the natural gas-driven diaphragm pump within 30 days of the installation of a control device or process. Once the emissions are routed to a control device or process, the certification of subparagraph (ii) is no longer required and the applicable requirements of this section shall be met.

(3) Is technically infeasible of connecting to a control device or process. An owner or operator that claims this exception shall do the following:

(i) Maintain the records under § 129.140(d)(6).

(ii) Perform an assessment of technical infeasibility which must meet the following:

(A) Be prepared under the supervision of an in-house engineer or qualified professional engineer.

(B) Include a technical analysis of safety considerations, the distance from an existing control device, the pressure losses and differentials in the closed vent system and the ability of the control device to handle the increase in emissions routed to them.

(C) Be certified, signed and dated by the engineer supervising the assessment, including the statement: ‘‘I certify that the assessment of technical infeasibility was prepared under my supervision. I further certify that the assessment was conducted and this report was prepared under the requirements of 25 Pa. Code § 129.135(c)(3). Based on my professional knowledge and experience, and inquiry of personnel involved in the assessment, the certification submitted herein is true, accurate, and complete. I am aware that there are penalties for knowingly submitting false information.’’

(d) Exemptions. The emissions limitations and control requirements in subsection (b) do not apply to the owner or operator of a natural gas-driven diaphragm pump located at a well site which operates less than 90 days per calendar year. An owner or operator claiming this exemption shall maintain the records under § 129.140(d)(3).

(e) Removal of control device or process. The owner or operator of a natural gas-driven diaphragm pump located at a well site that routes emissions to a control device or process which is removed or is no longer available shall comply with one of the exceptions in subsection (c), as applicable.

(f) Recordkeeping and reporting requirements. The owner or operator of a natural gas-driven diaphragm pump subject to this section shall maintain the records under § 129.140(d) and submit the reports under § 129.140(k)(3)(iii).

The provisions of this § 129.135 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.135 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.137 (relating to fugitive emissions components); 25 Pa. Code § 129.138 (relating to covers and closed vent systems); 25 Pa. Code § 129.139 (relating to control devices); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.136 Compressors.

(a) Applicability. This section applies to the owner or operator of a reciprocating compressor or centrifugal compressor subject to § 129.131(a)(4) (relating to general provisions and applicability) that meets the following:

(1) Reciprocating compressor. Each reciprocating compressor located between the wellhead and point of custody transfer to the natural gas transmission and storage segment.

(2) Centrifugal compressor. Each centrifugal compressor using wet seals that is located between the wellhead and point of custody transfer to the natural gas transmission and storage segment.

(b) VOC emissions control requirements for a reciprocating compressor. Beginning December 2, 2023, the owner or operator of a reciprocating compressor subject to this section shall meet one of the following:

(1) Replace the reciprocating compressor rod packing on or before one of the following:

(i) The reciprocating compressor has operated for 26,000 hours. The number of hours of operation must be continuously monitored beginning on the later of:

(A) The date of the most recent reciprocating compressor rod packing replacement.

(B) December 2, 2022, for a reciprocating compressor rod packing that has not yet been replaced.

(ii) The reciprocating compressor has operated for 36 months. The number of months of operation must be continuously monitored beginning on the later of:

(A) The date of the most recent reciprocating compressor rod packing replacement.

(B) December 2, 2025, for a reciprocating compressor rod packing that has not yet been replaced.

(2) Route the VOC emissions to a control device or a process that meets § 129.139 (relating to control devices) by using a reciprocating compressor rod packing emissions collection system that operates under negative pressure and meets the cover requirements of § 129.138(a) (relating to covers and closed vent systems) and the closed vent system requirements of § 129.138(b).

(c) VOC emissions limitation and control requirements for a centrifugal compressor. Except as specified in subsection (d), the owner or operator of a centrifugal compressor subject to this section shall perform the following:

(1) Reduce the VOC emissions from each centrifugal compressor wet seal fluid degassing system by 95.0% by weight or greater.

(2) Equip the wet seal fluid degassing system with a cover that meets the requirements of § 129.138(a) through a closed vent system that meets the requirements of § 129.138(b) to a control device or a process that meets the applicable requirements of § 129.139.

(3) Demonstrate that the VOC emissions are reduced as specified in § 129.139(k).

(d) Exemptions. Subsection (c) does not apply to the owner or operator of a centrifugal compressor that meets the following:

(1) Is located at a well site.

(2) Is located at an adjacent well site and services more than one well site.

(e) Recordkeeping and reporting requirements. The owner or operator of a reciprocating compressor or centrifugal compressor subject to this section shall do the following, as applicable:

(1) For a reciprocating compressor, maintain the records under § 129.140(e) (relating to recordkeeping and reporting) and submit the reports under § 129.140(k)(3)(iv).

(2) For a centrifugal compressor, maintain the records under § 129.140(f) and submit the reports under § 129.140(k)(3)(v).

The provisions of this § 129.136 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.136 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.137 (relating to fugitive emissions components); 25 Pa. Code § 129.138 (relating to covers and closed vent systems); 25 Pa. Code § 129.139 (relating to control devices); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.137 Fugitive emissions components.

(a) Applicability. This section applies to the owner or operator of a fugitive emissions component subject to § 129.131(a)(5) (relating to general provisions and applicability), located at one or more of the following:

(1) A conventional well site.

(2) A natural gas gathering and boosting station.

(3) A natural gas processing plant.

(b) Average production calculation procedure for a well site. Beginning on or before January 1, 2023:

(1) The owner or operator of a well site subject to subsection (a)(1) shall calculate the average production in barrels of oil equivalent per day of the well site using the previous 12 calendar months of operation as reported to the Department and thereafter as specified in subsection (c)(4) for the previous calendar year. The owner or operator shall do the following:

(i) For each well at the well site with production reported to the Department:

(A) Record the barrels of oil produced for each active well.

(B) Convert the natural gas production for each active well to equivalent barrels of oil by dividing the standard cubic feet of natural gas produced by 6,000 standard cubic feet per barrel of oil equivalent.

(C) Convert the condensate production for each active well to equivalent barrels of oil by multiplying the barrels of condensate by 0.9 barrels of oil equivalent per barrel of condensate.

(ii) Calculate the total production for each active well, in barrels of oil equivalent, by adding the results of subparagraph (i)(A)—(C) for each active well.

(iii) Sum the results of subparagraph (ii) for all active wells at the well site and divide by 365 or 366 days for the previous 12 calendar months or the previous calendar year, as applicable.

(2) If the owner or operator does not know the production of an individual well at the well site, the owner or operator shall comply with subsection (c)(2).

(c) Requirements for a conventional well site.

(1) For a well site consisting of only oil wells, the owner or operator shall:

(i) Determine the GOR of the oil well site using generally accepted methods.

(ii) If the GOR of the oil well site is less than 300 standard cubic feet of gas per barrel of oil produced, maintain the records under § 129.140(g)(1) (relating to recordkeeping and reporting).

(iii) If the GOR of the oil well site is equal to or greater than 300 standard cubic feet of gas per barrel of oil produced, meet the requirements of paragraph (2) or paragraph (3) based on the results of subsection (b)(1).

(2) For a well site producing, on average, equal to or greater than 15 barrels of oil equivalent per day, with at least one well producing, on average, equal to or greater than 15 barrels of oil equivalent per day, the owner or operator shall:

(i) Conduct an initial AVO inspection on or before January 31, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days.

(ii) Conduct an initial LDAR inspection program on or before January 31, 2023, with quarterly inspections thereafter separated by at least 60 calendar days but not more than 120 calendar days using one or more of the following:

(A) OGI equipment.

(B) A gas leak detector that meets the requirements of EPA Method 21.

(C) Another leak detection method approved by the Department.

(3) For a well site producing, on average, equal to or greater than 15 barrels of oil equivalent per day, and at least one well producing, on average, equal to or greater than 5 barrels of oil equivalent per day but less than 15 barrels of oil equivalent per day, the owner or operator shall:

(i) Conduct an initial AVO inspection on or before January 31, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days.

(ii) Conduct an initial LDAR inspection program on or before May 1, 2023, with annual inspections thereafter separated by at least 335 calendar days but not more than 395 calendar days using one or more of the following:

(A) OGI equipment.

(B) A gas leak detector that meets the requirements of EPA Method 21.

(C) Another leak detection method approved by the Department.

(4) The owner or operator of a producing well site shall calculate the average production of the well site under subsection (b) for the previous calendar year not later than February 15 and may adjust the frequency of the required LDAR inspection as follows:

(i) If two consecutive calculations show reduced production, the owner or operator may adopt the requirements applicable to the reduced production level.

(ii) If a calculation shows higher production, the owner or operator shall adopt the requirements applicable to the higher production level immediately.

(5) The owner or operator of a well site subject to paragraph (3) may submit to the appropriate Department Regional Office a request, in writing, for an exemption from the requirements of paragraph (3)(ii).

(i) The written request must include the following:

(A) Name and location of the well site.

(B) A demonstration that the requirements of paragraph (3)(ii) are not technically or economically feasible for the well site.

(C) Sufficient methods for demonstrating compliance with all applicable standards or regulations promulgated under the Clean Air Act or the Act.

(D) Sufficient methods for demonstrating compliance with this section, § § 129.131—129.136 and 129.138—129.140.

(ii) The Department will review the complete written request submitted in accordance with subparagraph (i) and approve or deny the request in writing.

(iii) The Department will submit each exemption determination approved under subparagraph (ii) to the Administrator of the EPA for approval as a revision to the SIP. The owner or operator shall bear the costs of public hearings and notifications, including newspaper notices, required for the SIP submittal.

(iv) The owner or operator of the well site identified in subparagraph (i)(A) shall remain subject to the requirements of paragraphs (1), (3)(i) and (4).

(d) Requirements for a shut-in conventional well site. The owner or operator of a conventional well site that is temporarily shut-in is not required to perform an LDAR inspection of the well site until one of the following occurs, whichever is first:

(1) Sixty days after the conventional well site is put into production.

(2) The date of the next required LDAR inspection after the conventional well site is put into production.

(e) Requirements for a natural gas gathering and boosting station or a natural gas processing plant. The owner or operator of a natural gas gathering and boosting station or a natural gas processing plant shall conduct the following:

(1) An initial AVO inspection on or before January 31, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days.

(2) An initial LDAR inspection program on or before January 31, 2023, with quarterly inspections thereafter separated by at least 60 calendar days but not more than 120 calendar days using one or more of the following:

(i) OGI equipment.

(ii) A gas leak detector that meets the requirements of EPA Method 21.

(iii) Another leak detection method approved by the Department.

(f) Requirements for extension of the LDAR inspection interval. The owner or operator of an affected facility may request, in writing, an extension of the LDAR inspection interval from the Air Program Manager of the appropriate Department Regional Office.

(g) Fugitive emissions monitoring plan. The owner or operator shall develop, in writing, an emissions monitoring plan that covers the collection of fugitive emissions components at the subject facility within each company-defined area. The written plan must include the following elements:

(1) The technique used for determining fugitive emissions.

(2) A list of fugitive emissions detection equipment, including the manufacturer and model number, that may be used at the facility.

(3) A list of personnel that may conduct the monitoring surveys at the facility, including their training and experience.

(4) The procedure and timeframe for identifying and fixing a fugitive emissions component from which fugitive emissions are detected, including for a component that is unsafe-to-repair.

(5) The procedure and timeframe for verifying fugitive emissions component repairs.

(6) The procedure and schedule for verifying the fugitive emissions detection equipment is operating properly.

(i) For OGI equipment, the verification must be completed as specified in subsection (h).

(ii) For gas leak detection equipment using EPA Method 21, the verification must be completed as specified in subsection (i).

(iii) For a Department-approved method, a copy of the request for approval that shows the method’s equivalence to subsection (h) or subsection (i).

(7) A sitemap.

(8) If using OGI, a defined observation path that meets the following:

(i) Ensures that all fugitive emissions components are within sight of the path.

(ii) Accounts for interferences.

(9) If using EPA Method 21, a list of the fugitive emissions components to be monitored and an identification method to locate them in the field.

(10) A written plan for each fugitive emissions component designated as difficult-to-monitor or unsafe-to-monitor which includes the following:

(i) A method to identify a difficult-to-monitor or unsafe-to-monitor component in the field.

(ii) The reason each component was identified as difficult-to-monitor or unsafe-to-monitor.

(iii) The monitoring schedule for each component identified as difficult-to-monitor or unsafe-to-monitor. The monitoring schedule for difficult-to-monitor components must include at least one survey per year no more than 13 months apart.

(h) Verification procedures for OGI equipment. An owner or operator that identifies OGI equipment in the fugitive emissions monitoring plan in subsection (g)(6)(i) shall complete the verification by doing the following:

(1) Demonstrating that the OGI equipment is capable of imaging a gas:

(i) In the spectral range for the compound of highest concentration in the potential fugitive emissions.

(ii) That is half methane, half propane at a concentration of 10,000 ppm at a flow rate of less than or equal to 60 grams per hour (2.115 ounces per hour) from a 1/4-inch diameter orifice.

(2) Performing a verification check each day prior to use.

(3) Determining the equipment operator’s maximum viewing distance from the fugitive emissions component and how the equipment operator will ensure that this distance is maintained.

(4) Determining the maximum wind speed during which monitoring can be performed and how the equipment operator will ensure monitoring occurs only at wind speeds below this threshold.

(5) Conducting the survey by using the following procedures:

(i) Ensuring an adequate thermal background is present to view potential fugitive emissions.

(ii) Dealing with adverse monitoring conditions, such as wind.

(iii) Dealing with interferences, such as steam.

(6) Following the manufacturer’s recommended calibration and maintenance procedures.

(i) Verification procedures for gas leak detection equipment using EPA Method 21. An owner or operator that identifies gas leak detection equipment using EPA Method 21 in the fugitive emissions monitoring plan in subsection (g)(6)(ii) shall complete the verification by doing the following:

(1) Verifying that the gas leak detection equipment meets:

(i) The requirements of Section 6.0 of EPA Method 21 with a fugitive emissions definition of 500 ppm or greater calibrated as methane using an FID-based instrument.

(ii) A site-specific fugitive emission definition that would be equivalent to subparagraph (i) for other equipment approved for use in EPA Method 21 by the Department.

(2) Using the average composition of the fluid, not the individual organic compounds in the stream, when performing the instrument response factor of Section 8.1.1 of EPA Method 21.

(3) Calculating the average stream response factor on an inert-free basis for process streams that contain nitrogen, air or other inert gases that are not organic hazardous air pollutants or VOCs.

(4) Calibrating the gas leak detection instrument in accordance with Section 10.1 of EPA Method 21 on each day of its use using zero air, defined as a calibration gas with less than 10 ppm by volume of hydrocarbon in air, and a mixture of methane in air at a concentration less than 10,000 ppm by volume as the calibration gases.

(5) Conducting the surveys which, at a minimum, must comply with the relevant sections of EPA Method 21, including Section 8.3.1.

(j) Fugitive emissions detection devices. Fugitive emissions detection devices must be operated and maintained in accordance with manufacturer-recommended procedures and as required by the test method or a Department-approved method.

(k) Background adjustment. For LDAR inspections using a gas leak detector in accordance with EPA Method 21, the owner or operator may choose to adjust the gas leak detection instrument readings to account for the background organic concentration level as determined by the procedures of Section 8.3.2 of EPA Method 21.

(l) Repair and resurvey provisions. The owner or operator shall repair a leak detected from a fugitive emissions component as follows:

(1) A first attempt at repair must be made within 5 calendar days of detection, and repair must be completed no later than 15 calendar days after the leak is detected unless:

(i) The purchase of a part is required. The repair must be completed no later than 10 calendar days after the receipt of the purchased part.

(ii) The repair is technically infeasible because of one of the following reasons:

(A) It requires vent blowdown.

(B) It requires facility shutdown.

(C) It requires a well shut-in.

(D) It is unsafe to repair during operation of the unit.

(iii) A repair that is technically infeasible under subparagraph (ii) must be completed at the earliest of the following:

(A) After a planned vent blowdown.

(B) The next facility shutdown.

(C) Within 2 years.

(2) The owner or operator shall resurvey the fugitive emissions component no later than 30 calendar days after the leak is repaired.

(3) For a repair that cannot be made during the monitoring survey when the leak is initially found, the owner or operator shall do one of the following:

(i) Take a digital photograph of the fugitive emissions component which includes:

(A) The date the photo was taken.

(B) Clear identification of the component by location, such as by latitude and longitude or other descriptive landmarks visible in the picture.

(ii) Tag the component for identification purposes.

(4) A gas leak is considered repaired if:

(i) There is no visible leak image when using OGI equipment calibrated according to subsection (h).

(ii) A leak concentration of less than 500 ppm as methane is detected when the gas leak detector probe inlet is placed at the surface of the fugitive emissions component for a gas leak detector calibrated according to subsection (i).

(iii) There are no detectable emissions consistent with Section 8.3.2 of EPA Method 21.

(iv) There is no bubbling at the leak interface using the soap solution bubble test specified in Section 8.3.3 of EPA Method 21.

(m) Recordkeeping and reporting requirements. The owner or operator of a fugitive emissions component subject to this section shall maintain the records under § 129.140(g) and submit the reports under § 129.140(k)(3)(vi).

The provisions of this § 129.137 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.137 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.138 (relating to covers and closed vent systems); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.138 Covers and closed vent systems.

(a) Requirements for a cover on a storage vessel, reciprocating compressor or centrifugal compressor. The owner or operator shall perform the following for a cover of a source subject to § 129.133(b)(1)(i) or § 129.136(b)(2) or (c)(2) (relating to storage vessels; and compressors), as applicable:

(1) Ensure that the cover and all openings on the cover form a continuous impermeable barrier over each subject source as follows:

(i) The entire surface area of the liquid in the storage vessel.

(ii) The entire surface area of the liquid in the wet seal fluid degassing system of a centrifugal compressor.

(iii) The rod packing emissions collection system of a reciprocating compressor.

(2) Ensure that each cover opening is covered by a gasketed lid or cap that is secured in a closed, sealed position except when it is necessary to use an opening for one or more of the following:

(i) To inspect, maintain, repair or replace equipment.

(ii) To route a liquid, gas, vapor or fume from the source to a control device or a process that meets the applicable requirements of § 129.139 (relating to control devices) through a closed vent system designed and operated in accordance with subsection (b).

(iii) To inspect or sample the material in a storage vessel.

(iv) To add material to or remove material from a storage vessel, including openings necessary to equalize or balance the internal pressure of the storage vessel following changes in the level of the material in the storage vessel.

(3) Ensure that each storage vessel thief hatch is equipped, maintained and operated with the following:

(i) A mechanism to ensure that the lid remains properly seated and sealed under normal operating conditions, including when working, standing or breathing, or when flash emissions may be generated.

(ii) A gasket made of a suitable material based on the composition of the fluid in the storage vessel and weather conditions.

(4) Conduct an initial AVO inspection on or before January 31, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days for defects that could result in air emissions. Defects include the following:

(i) A visible crack, hole or gap in the cover.

(ii) A visible crack, hole or gap between the cover and the separator wall.

(iii) A broken, cracked or otherwise damaged seal or gasket on a closure device.

(iv) A broken or missing hatch, access cover, cap or other closure device.

(5) Inspect only those portions of the cover that extend to or above the surface and the connections on those portions of the cover, including fill ports, access hatches and gauge wells that can be opened to the atmosphere for a storage vessel that is partially buried or entirely underground.

(6) Repair a detected leak or defect as specified in § 129.137(l) (relating to fugitive emissions components).

(7) Maintain the records under § 129.140(h) (relating to recordkeeping and reporting) and submit the report under § 129.140(k)(3)(vii).

(b) Requirements for a closed vent system. The owner or operator shall perform the following for each closed vent system installed on a source subject to § 129.133(b)(1)(ii), § 129.135(b)(1)(i) or (c)(1)(ii) (relating to natural gas-driven diaphragm pumps) or § 129.136(b)(2) or (c)(2):

(1) Design the closed vent system to route the liquid, gas, vapor or fume emitted from the source to a control device or process that meets the applicable requirements in § 129.139.

(2) Operate the closed vent system with no detectable emissions as determined by the following:

(i) Conduct an initial AVO inspection on or before January 31, 2023, with monthly inspections thereafter separated by at least 15 calendar days but not more than 45 calendar days for defects that could result in air emissions. Defects include the following:

(A) A visible crack, hole or gap in piping.

(B) A loose connection.

(C) A liquid leak.

(D) A broken or missing cap or other closure device.

(ii) Conducting a no detectable emissions inspection as specified in subsection (d) during the facility’s scheduled LDAR inspection in accordance with § 129.137(c)(2)(ii) and (c)(3)(ii) or (e)(2).

(3) Repair a detected leak or defect as specified in § 129.137(l).

(4) Except as specified in subparagraph (iii), if the closed vent system contains one or more bypass devices that could be used to divert the liquid, gas, vapor or fume from routing to the control device or to the process under paragraph (1), perform one or more of the following:

(i) Install, calibrate, operate and maintain a flow indicator at the inlet to the bypass device so when the bypass device is open it does one of the following:

(A) Sounds an alarm.

(B) Initiates a notification by means of a remote alarm to the nearest field office.

(ii) Secure the bypass device valve installed at the inlet to the bypass device in the non-diverting position using the following procedure:

(A) Installing either of the following:

(I) A car-seal.

(II) A lock-and-key configuration.

(B) Visually inspecting the mechanism in clause (A) to verify that the valve is maintained in the non-diverting position on or before January 31, 2023, with monthly inspections separated by at least 15 calendar days but not more than 45 calendar days.

(C) Maintaining the records under § 129.140(i)(4).

(iii) Subparagraphs (i) and (ii) do not apply to a low leg drain, high point bleed, analyzer vent, open-ended valve or line or safety device.

(5) Conduct an assessment that meets the requirements of subsection (c).

(6) Maintain the records under § 129.140(i) and submit the reports under § 129.140(k)(3)(viii).

(c) Requirements for closed vent system design and capacity assessment. An owner or operator that installs a closed vent system under subsection (b) shall perform a design and capacity assessment which must include the following:

(1) Be prepared under the supervision of an in-house engineer or qualified professional engineer.

(2) Verify the following:

(i) That the closed vent system is of sufficient design and capacity to ensure that the emissions from the emission source are routed to the control device or process.

(ii) That the control device or process is of sufficient design and capacity to accommodate the emissions from the emission source.

(3) Be certified, signed and dated by the engineer supervising the assessment, including the statement: ‘‘I certify that the closed vent design and capacity assessment was prepared under my supervision. I further certify that the assessment was conducted and this report was prepared under the requirements of 25 Pa. Code § 129.138(c). Based on my professional knowledge and experience, and inquiry of personnel involved in the assessment, the certification submitted herein is true, accurate, and complete. I am aware that there are penalties for knowingly submitting false information.’’

(d) No detectable emissions procedures. The owner or operator shall conduct the no detectable emissions inspection required under subsection (b)(2)(ii) by performing one of the following:

(1) Use OGI equipment that meets § 129.137(h).

(2) Use a gas leak detection instrument that meets § 129.137(i). The owner or operator may adjust the gas leak detection instrument readings as specified in § 129.137(k).

(3) Use another leak detection method approved by the Department.

(4) Determine if a potential leak interface operates with no detectable emissions, if the gas leak detection instrument reading is not a leak as defined in § 129.132(a) (relating to definitions, acronyms and EPA methods).

The provisions of this § 129.138 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.138 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.133 (relating to storage vessels); 25 Pa. Code § 129.135 (relating to natural gas-driven diaphragm pumps); 25 Pa. Code § 129.136 (relating to compressors); 25 Pa. Code § 129.137 (relating to fugitive emissions components); and 25 Pa. Code § 129.140 (relating to recordkeeping and reporting).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.139 Control devices.

(a) Applicability. This section applies to the owner or operator of each control device that receives a liquid, gas, vapor or fume from a source subject to § 129.133(b)(1)(iii), § 129.135(b)(1)(ii) or (c)(1), or § 129.136(b)(2) or (c)(2) (relating to storage vessels; natural gas-driven diaphragm pumps; and compressors).

(1) The owner or operator shall perform the following:

(i) Operate each control device whenever a liquid, gas, vapor or fume is routed to the control device.

(ii) Maintain the records under § 129.140(j) (relating to recordkeeping and reporting) and submit the reports under § 129.140(k)(3)(ix).

(2) The owner or operator may route the liquid, gas, vapor or fume from more than one source subject to § 129.133(b)(1)(iii), § 129.135(b)(1)(ii) or (c)(1), or § 129.136(b)(2) or (c)(2) to a control device installed and operated under this section.

(b) General requirements for a control device. The owner or operator of a control device subject to this section shall install and operate one or more control devices listed in subsections (c)—(i). The owner or operator shall meet the following requirements, as applicable:

(1) Operate the control device following the manufacturer’s written operating instructions, procedures and maintenance schedule to ensure good air pollution control practices for minimizing VOC emissions.

(2) Ensure that the control device is maintained in a leak-free condition by conducting a physical integrity check according to the manufacturer’s instructions, with monthly inspections separated by at least 15 calendar days but not more than 45 calendar days.

(3) Maintain a pilot flame while operating the control device and monitor the pilot flame by installing a heat sensing CPMS as specified under subsection (m)(3). If the heat sensing CPMS indicates the absence of the pilot flame or if the control device is smoking or shows other signs of improper equipment operation, ensure the control device is returned to proper operation by performing the following procedures:

(i) Checking the air vent for obstruction and clearing an observed obstruction.

(ii) Checking for liquid reaching the combustor.

(4) Operate the control device with no visible emissions, except for periods not to exceed a total of 1 minute during a 15-minute period as determined by conducting a visible emissions test according to Section 11 of EPA Method 22.

(i) Each monthly visible emissions test shall be separated by at least 15 calendar days but not more than 45 calendar days.

(ii) The observation period for the test in subparagraph (i) shall be 15 minutes.

(5) Repair the control device if it fails the visible emissions test of paragraph (4) as specified in subparagraph (i) or subparagraph (ii) and return the control device to compliant operation.

(i) The manufacturer’s repair instructions, if available.

(ii) The best combustion engineering practice applicable to the control device if the manufacturer’s repair instructions are not available.

(6) Ensure the control device passes the EPA Method 22 visual emissions test described in paragraph (4) following return to operation from a maintenance or repair activity.

(7) Record the inspection, repair and maintenance activities for the control device in a maintenance and repair log.

(c) Compliance requirements for a manufacturer-tested combustion device. The owner or operator of a control device subject to this section that installs a control device tested under 40 CFR 60.5413a(d) (relating to what are the performance testing procedures for control devices used to demonstrate compliance at my centrifugal compressor and storage vessel affected facilities?) shall meet subsection (b)(1)—(7) and the following:

(1) Maintain the inlet gas flow rate at less than or equal to the maximum flow rate specified by the manufacturer. This is confirmed by one of the following:

(i) Installing, operating and maintaining a flow CPMS that meets subsection (m)(1) and (2)(i) to measure gas flow rate at the inlet to the control device.

(ii) Conducting a periodic performance test under subsection (k) instead of installing a flow CPMS to demonstrate that the mass content of VOC in the gases vented to the device is reduced by 95.0% by weight or greater.

(2) Submit an electronic copy of the performance test results to the EPA as required by 40 CFR 60.5413a(d) in accordance with 40 CFR 60.5413a(e)(6).

(d) Compliance requirements for an enclosed combustion device. The owner or operator of a control device subject to this section that installs an enclosed combustion device, such as a thermal vapor incinerator, catalytic vapor incinerator, boiler or process heater, shall meet subsection (b)(1)—(7) and the following:

(1) Ensure the enclosed combustion control device is designed and operated to meet one of the following performance requirements:

(i) To reduce the mass content of VOC in the gases vented to the device by 95.0% by weight or greater, as determined under subsection (k).

(ii) To reduce the concentration of TOC in the exhaust gases at the outlet to the device to a level less than or equal to 275 ppmvd as propane corrected to 3% oxygen as determined under subsection (l).

(iii) To operate at a minimum temperature of 760 °Celsius (1,400 °Fahrenheit), if it is demonstrated during the performance test conducted under subsection (k) that combustion zone temperature is an indicator of destruction efficiency.

(iv) To introduce the vent stream into the flame zone of the boiler or process heater if a boiler or process heater is used as the control device.

(2) Install, calibrate, operate and maintain a CPMS according to the manufacturer’s specifications and subsection (m) to measure the values of the operating parameters appropriate to the control device as follows:

(i) For a thermal vapor incinerator that demonstrates under subsection (m)(6)(i) that combustion zone temperature is an accurate indicator of performance, a temperature CPMS that meets subsection (m)(1) and (4) with the temperature sensor installed at a location representative of the combustion zone temperature.

(ii) For a catalytic vapor incinerator, a temperature CPMS capable of monitoring temperature at two locations and that meets subsection (m)(1) and (4) with one temperature sensor installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor installed in the vent stream at the nearest feasible point to the catalyst bed outlet.

(iii) For a boiler or process heater that demonstrates under subsection (m)(6)(i) that combustion zone temperature is an accurate indicator of performance, a temperature CPMS that meets subsection (m)(1) and (4) with the temperature sensor installed at a location representative of the combustion zone temperature. The monitoring requirements do not apply if the boiler or process heater meets either of the following:

(A) Has a design heat input capacity of 44 megawatts (150 MMBtu per hour) or greater.

(B) Introduces the vent stream with the primary fuel or uses the vent stream as the primary fuel.

(iv) For a control device complying with paragraph (1)(ii), an organic concentration CPMS that meets subsection (m)(1) and (5) that measures the concentration level of organic compounds in the exhaust vent stream from the control device.

(3) Operate the control device in compliance with the operating parameter value established under subsection (m)(6).

(4) Calculate the daily average of the monitored operating parameter for each operating day, using the valid data recorded by the monitoring system under subsection (m)(7).

(5) Ensure that the daily average of the monitoring parameter value calculated under paragraph (4) complies with the parameter value established under paragraph (3) as specified in subsection (m)(9).

(6) Operate the CPMS installed under paragraph (2) whenever the source is operating, except during the times specified in subsection (m)(8)(iii).

(e) Compliance requirements for a flare. The owner or operator of a control device subject to this section that installs a flare designed and operated in accordance with 40 CFR 60.18(b) (relating to general control device and work practice requirements) shall meet subsection (b)(3)—(7).

(f) Compliance requirements for a carbon adsorption system. The owner or operator of a control device subject to this section that installs a carbon adsorption system shall meet subsection (b)(1) and (2) and the following:

(1) Design and operate the carbon adsorption system to reduce the mass content of VOC in the gases vented to the device as demonstrated by one of the following:

(i) Determining the VOC emission reduction is 95.0% by weight or greater as specified in subsection (k).

(ii) Reducing the concentration of TOC in the exhaust gases at the outlet to the device to a level less than or equal to 275 ppmvd as propane corrected to 3% oxygen as determined under subsection (l).

(iii) Conducting a design analysis in accordance with subsection (g)(6) or subsection (h)(2) as applicable.

(2) Include a carbon replacement schedule in the design of the carbon adsorption system.

(3) Replace the carbon in the control device with fresh carbon on a regular schedule that is no longer than the carbon service life established according to the design analysis in subsection (g)(6) or subsection (h)(2) or according to the replacement schedule in paragraph (2).

(4) Manage the spent carbon removed from the carbon adsorption system in paragraph (3) by one of the following:

(i) Regenerating or reactivating the spent carbon in one of the following:

(A) A thermal treatment unit for which the owner or operator has been issued a permit under 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program) that implements the requirements of 40 CFR Part 264, Subpart X (relating to miscellaneous units).

(B) A unit equipped with operating organic air emission controls in accordance with an emissions standard for VOC under a subpart in 40 CFR Part 60 (relating to standards of performance for new stationary sources) or 40 CFR Part 63 (relating to National emission standards for hazardous air pollutants for source categories).

(ii) Burning the spent carbon in one of the following:

(A) A hazardous waste incinerator, boiler or industrial furnace for which the owner or operator complies with the requirements of 40 CFR Part 63, Subpart EEE (relating to National emission standards for hazardous air pollutants from hazardous waste combustors) and has submitted a Notification of Compliance under 40 CFR 63.1207(j) (relating to what are the performance testing requirements?).

(B) An industrial furnace for which the owner or operator has been issued a permit under 40 CFR Part 270 that implements the requirements of 40 CFR Part 266, Subpart H (relating to hazardous waste burned in boilers and industrial furnaces).

(C) An industrial furnace designed and operated in accordance with the interim status requirements of 40 CFR Part 266, Subpart H.

(g) Additional compliance requirements for a regenerative carbon adsorption system. The owner or operator of a control device subject to this section that installs a regenerative carbon adsorption system shall meet subsection (f) and the following:

(1) Install, calibrate, operate and maintain a CPMS according to the manufacturer’s specifications and the applicable requirements of subsection (m) to measure the values of the operating parameters appropriate to the control device as follows:

(i) For a source complying with subsection (f)(1)(i), a flow CPMS system that meets the requirements of subsection (m)(1) and (2)(ii) to measure and record the average total regeneration steam mass flow or volumetric flow during each carbon bed regeneration cycle. The owner or operator shall inspect the following:

(A) The mechanical connections for leakage with monthly inspections separated by at least 15 calendar days but not more than 45 calendar days.

(B) The components of the flow CPMS for physical and operational integrity if the flow CPMS is not equipped with a redundant flow sensor with quarterly inspections separated by at least 60 calendar days but not more than 120 calendar days.

(C) The electrical connections of the flow CPMS for oxidation and galvanic corrosion if the flow CPMS is not equipped with a redundant flow sensor with quarterly inspections separated by at least 60 calendar days but not more than 120 calendar days.

(ii) For a source complying with subsection (f)(1)(i), a temperature CPMS that meets the requirements of subsection (m)(1) and (4) to measure and record the average carbon bed temperature for the duration of the carbon bed steaming cycle and measure the actual carbon bed temperature after regeneration and within 15 minutes of completing the cooling cycle.

(iii) For a source complying with subsection (f)(1)(ii), an organic concentration CPMS that meets subsection (m)(1) and (5) that measures the concentration level of organic compounds in the exhaust vent stream from the control device.

(2) Operate the control device in compliance with the operating parameter value established under subsection (m)(6).

(3) Calculate the daily average of the applicable monitored operating parameter for each operating day, using the valid data recorded by the CPMS as specified in subsection (m)(7).

(4) Ensure that the daily average of the monitoring parameter value calculated under paragraph (3) complies with the parameter value established under paragraph (2) as specified in subsection (m)(9).

(5) Operate the CPMS installed in paragraph (1) whenever the source is operating, except during the times specified in subsection (m)(8)(iii).

(6) Ensure that the design analysis to meet subsection (f)(1)(iii) and (2) for the regenerable carbon adsorption system meets the following:

(i) Includes an analysis of the vent stream, including the following information:

(A) Composition.

(B) Constituent concentrations.

(C) Flowrate.

(D) Relative humidity.

(E) Temperature.

(ii) Establishes the following parameters for the regenerable carbon adsorption system:

(A) Design exhaust vent stream organic compound concentration level.

(B) Adsorption cycle time.

(C) Number and capacity of carbon beds.

(D) Type and working capacity of activated carbon used for the carbon beds.

(E) Design total regeneration stream flow over the period of each complete carbon bed regeneration cycle.

(F) Design carbon bed temperature after regeneration.

(G) Design carbon bed regeneration time.

(H) Design service life of the carbon.

(h) Additional compliance requirements for a non-regenerative carbon adsorption system. The owner or operator of a control device subject to this section that installs a non-regenerative carbon adsorption system shall meet subsection (f) and the following:

(1) Monitor the design carbon replacement interval established in subsection (f)(2) or paragraph (2). The design carbon replacement interval must be based on the total carbon working capacity of the control device and the source operating schedule.

(2) Ensure that the design analysis to meet subsection (f)(1)(iii) and (2) for a non-regenerable carbon adsorption system, such as a carbon canister, meets the following:

(i) Includes an analysis of the vent stream including the following information:

(A) Composition.

(B) Constituent concentrations.

(C) Flowrate.

(D) Relative humidity.

(E) Temperature.

(ii) Establishes the following parameters for the non-regenerable carbon adsorption system:

(A) Design exhaust vent stream organic compound concentration level.

(B) Capacity of the carbon bed.

(C) Type and working capacity of activated carbon used for the carbon bed.

(D) Design carbon replacement interval based on the total carbon working capacity of the control device and the source operating schedule.

(iii) Incorporates dual carbon canisters in case of emission breakthrough occurring in one canister.

(i) Compliance requirements for a condenser or non-destructive control device. The owner or operator of a control device subject to this section that installs a condenser or other non-destructive control device shall meet subsection (b)(1) and (2) and the following:

(1) Design and operate the condenser or other non-destructive control device to reduce the mass content of VOC in the gases vented to the device as demonstrated by one of the following:

(i) Determining the VOC emissions reduction is 95.0% by weight or greater under subsection (k).

(ii) Reducing the concentration of TOC in the exhaust gases at the outlet to the device to a level less than or equal to 275 ppmvd as propane corrected to 3% oxygen as determined under subsection (l).

(iii) Conducting a design analysis in accordance with paragraph (7).

(2) Prepare a site-specific monitoring plan that addresses the following CPMS design, data collection, and quality assurance and quality control elements:

(i) The performance criteria and design specifications for the CPMS equipment, including the following:

(A) The location of the sampling interface that allows the CPMS to provide representative measurements. For a temperature CPMS that meets the requirements of subsection (m)(1) and (4) the sensor must be installed in the exhaust vent stream as detailed in the procedures of the site-specific monitoring plan.

(B) Equipment performance checks, system accuracy audits or other audit procedures.

(I) Performance evaluations of each CPMS shall be conducted in accordance with the site-specific monitoring plan.

(II) CPMS performance checks, system accuracy audits or other audit procedures specified in the site-specific monitoring plan shall be conducted at least once every 12 months.

(ii) Ongoing operation and maintenance procedures in accordance with 40 CFR 60.13(b) (relating to monitoring requirements).

(iii) Ongoing reporting and recordkeeping procedures in accordance with 40 CFR 60.7(c), (d) and (f) (relating to notification and record keeping).

(3) Install, calibrate, operate and maintain a CPMS according to the site-specific monitoring plan described in paragraph (2) and the applicable requirements of subsection (m) to measure the values of the operating parameters appropriate to the control device as follows:

(i) For a source complying with paragraph (1)(i), a temperature CPMS that meets subsection (m)(1) and (4) to measure and record the average condenser outlet temperature.

(ii) For a source complying with paragraph (1)(ii), an organic concentration CPMS that meets subsection (m)(1) and (5) that measures the concentration level of organic compounds in the exhaust vent stream from the control device.

(4) Operate the control device in compliance with the operating parameter value established under subsection (m)(6).

(5) Calculate the daily average of the applicable monitored operating parameter for each operating day, using the valid data recorded by the CPMS as follows:

(i) For a source complying with paragraph (1)(i), use the calculated daily average condenser outlet temperature as specified in subsection (m)(7) and the condenser performance curve established under subsection (m)(6)(iii) to determine the condenser efficiency for the current operating day. Calculate the 365-day rolling average TOC emission reduction, as appropriate, from the condenser efficiencies as follows:

(A) If there is less than 120 days of data for determining average TOC emission reduction, calculate the average TOC emission reduction for the first 120 days of operation. Compliance is demonstrated with paragraph (1)(i) if the 120-day average TOC emission reduction is equal to or greater than 95.0% by weight.

(B) After 120 days and no more than 364 days of operation, calculate the average TOC emission reduction as the TOC emission reduction averaged over the number of days of operation for which there is data. Compliance is demonstrated with paragraph (1)(i) if the average TOC emission reduction is equal to or greater than 95.0% by weight.

(C) If there is data for 365 days or more of operation, compliance is demonstrated with the TOC emission reduction if the rolling 365-day average TOC emission reduction calculated in subparagraph (i) is equal to or greater than 95.0% by weight.

(ii) For a source complying with paragraph (1)(ii), calculate the daily average concentration for each operating day, using the data recorded by the CPMS as specified in subsection (m)(7). Compliance is demonstrated with paragraph (1)(ii) if the daily average concentration is less than the operating parameter under paragraph (4) as specified in subsection (m)(9).

(6) Operate the CPMS installed in accordance with paragraph (3) whenever the source is operating, except during the times specified in subsection (m)(8)(iii).

(7) Ensure that the design analysis to meet paragraph (1)(iii) for a condenser or other non-destructive control device meets the following:

(i) Includes an analysis of the vent stream including the following information:

(A) Composition.

(B) Constituent concentrations.

(C) Flowrate.

(D) Relative humidity.

(E) Temperature.

(ii) Establishes the following parameters for the condenser or other non-destructive control device:

(A) Design outlet organic compound concentration level.

(B) Design average temperature of the condenser exhaust vent stream.

(C) Design average temperatures of the coolant fluid at the condenser inlet and outlet.

(j) General performance test requirements. The owner or operator shall meet the following performance test requirements:

(1) The owner or operator shall do the following, as applicable:

(i) Except as specified in subparagraph (iii), conduct an initial performance test within 180 days after installation of a control device.

(ii) Except as specified in subparagraph (iii), conduct a performance test of an existing control device on or before July 30, 2023, unless the owner or operator of the control device is complying with an established performance test interval, in which case the current schedule should be maintained.

(iii) The performance test in subparagraph (i) or subparagraph (ii) is not required if the owner or operator meets one or more of the following:

(A) Installs a manufacturer-tested combustion device that meets the requirements of subsection (c).

(B) Installs a flare that meets the requirements of subsection (e).

(C) Installs a boiler or process heater with a design heat input capacity of 44 megawatts (150 MMBtu per hour) or greater.

(D) Installs a boiler or process heater which introduces the vent stream with the primary fuel or uses the vent stream as the primary fuel.

(E) Installs a boiler or process heater which burns hazardous waste that meets one or more of the following:

(I) For which an operating permit was issued under 40 CFR Part 270 (relating to EPA administered permit programs: the hazardous waste permit program) and complies with the requirements of 40 CFR Part 266, Subpart H.

(II) For which compliance with the interim status requirements of 40 CFR Part 266, Subpart H has been certified.

(III) Which complies with 40 CFR Part 63, Subpart EEE and for which a Notification of Compliance under 40 CFR 63.1207(j) was submitted to the Department.

(IV) Which complies with 40 CFR Part 63, Subpart EEE and for which a Notification of Compliance under 40 CFR 63.1207(j) will be submitted to the Department within 90 days of the completion of the initial performance test report unless a written request for an extension is submitted to the Department.

(F) Installs a hazardous waste incinerator which meets the requirements of 40 CFR Part 63, Subpart EEE and for which the Notification of Compliance under 40 CFR 63.1207(j):

(I) Was submitted to the Department.

(II) Will be submitted to the Department within 90 days of the completion of the initial performance test report unless a written request for an extension is submitted to the Department.

(G) Requests the performance test be waived under 40 CFR 60.8(b) (relating to performance tests).

(2) Conduct a periodic performance test no more than 60 months after the most recent performance test unless the owner or operator:

(i) Monitors the inlet gas flow for a manufacturer-tested combustion device under subsection (c)(1)(i).

(ii) Installs a control device exempt from testing requirements under paragraph (1)(iii)(A)—(G).

(iii) Establishes a correlation between firebox or combustion chamber temperature and the VOC performance level for an enclosed combustion device under subsection (d)(2)(iii).

(3) Conduct a performance test when establishing a new operating limit.

(k) Performance test method for demonstrating compliance with a control device weight-percent VOC emission reduction requirement. Demonstrate compliance with the control device weight-percent VOC emission reduction requirements of subsections (c)(1)(ii), (d)(1)(i), (f)(1)(i) and (i)(1)(i) by meeting subsection (j) and the following:

(1) Conducting a minimum of three test runs of at least 1-hour duration.

(2) Using EPA Method 1 or EPA Method 1A, as appropriate, to select the sampling sites which must be located at the inlet of the first control device and at the outlet of the final control device. References to particulate mentioned in EPA Method 1 or EPA Method 1A do not apply to this paragraph.

(3) Using EPA Method 2, EPA Method 2A, EPA Method 2C or EPA Method 2D, as appropriate, to determine the gas volumetric flowrate.

(4) Using EPA Method 25A to determine compliance with the control device percent VOC emission reduction performance requirement using the following procedure:

(i) Convert the EPA Method 25A results to a dry basis, using EPA Method 4.

(ii) Compute the mass rate of TOC using the following equations:

Ei = K2CiMpQi

Eo = K2CoMpQo

Where:

Ei = Mass rate of TOC at the inlet of the control device on a dry basis, in kilograms per hour (pounds per hour).

Eo = Mass rate of TOC at the outlet of the control device on a dry basis, in kilograms per hour (pounds per hour).

K2 = Constant, 2.494 x 10-6 (ppm) (mole per standard cubic meter) (kilogram per gram) (minute per hour) where standard temperature (mole per standard cubic meter) is 20 °Celsius

Or

K2 = Constant, 1.554 x 10-7 (ppm) (lb-mole per standard cubic feet) (minute per hour), where standard temperature (lb-mole per standard cubic feet) is 68 °Fahrenheit.

Ci = Concentration of TOC, as propane, of the gas stream as measured by EPA Method 25A at the inlet of the control device, ppmvd.

Co = Concentration of TOC, as propane, of the gas stream as measured by EPA Method 25A at the outlet of the control device, ppmvd.

Mp = Molecular weight of propane, 44.1 gram per mole (pounds per lb-mole).

Qi = Flowrate of gas stream at the inlet of the control device in dry standard cubic meter per minute (dry standard cubic feet per minute).

Qo = Flowrate of gas stream at the outlet of the control device in dry standard cubic meter per minute (dry standard cubic feet per minute).

(iii) Calculate the percent reduction in TOC as follows:

Ei - EoRcd =

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.140 Recordkeeping and reporting.

(a) Recordkeeping. The owner or operator of a source subject to § § 129.131—129.139 shall maintain the applicable records onsite or at the nearest local field office for 5 years. The records shall be made available to the Department upon request.

(b) Storage vessels. The records for each storage vessel must include the following, as applicable:

(1) The identification and location of each storage vessel subject to § 129.133 (relating to storage vessels). The location of the storage vessel shall be in latitude and longitude coordinates in decimal degrees to an accuracy and precision of 5 decimals of a degree using the North American Datum of 1983.

(2) Each deviation when the storage vessel was not operated in compliance with the requirements specified in § 129.133.

(3) The identity of each storage vessel removed from service under § 129.133(e) and the date on which it was removed from service.

(4) The identity of each storage vessel returned to service under § 129.133(f) and the date on which it was returned to service.

(5) The identity of each storage vessel and the VOC potential to emit calculation under § 129.133(a)(2).

(6) The identity of each storage vessel and the actual VOC emission calculation under § 129.133(c)(2)(i) including the following information:

(i) The date of each monthly calculation performed under § 129.133(c)(2)(i).

(ii) The calculation determining the actual VOC emissions each month.

(iii) The calculation demonstrating that the actual VOC emissions are less than 2.7 TPY determined as a 12-month rolling sum.

(7) The records documenting the time the skid-mounted or mobile storage vessel under § 129.133(d)(1) is located on site. If a skid-mounted or mobile storage vessel is removed from a site and either returned or replaced within 30 calendar days to serve the same or similar function, count the entire period since the original storage vessel was removed towards the number of consecutive days.

(8) The identity of each storage vessel required to reduce VOC emissions under § 129.133(b)(1) and the demonstration under § 129.133(b)(1)(iv).

(c) Natural gas-driven continuous bleed pneumatic controllers. The records for each natural gas-driven continuous bleed pneumatic controller must include the following, as applicable:

(1) The required compliance date, identification, location and manufacturer specifications for each natural gas-driven continuous bleed pneumatic controller subject to § 129.134(c) (relating to natural gas-driven continuous bleed pneumatic controllers).

(2) Each deviation when the natural gas-driven continuous bleed pneumatic controller was not operated in compliance with the requirements specified in § 129.134(c).

(3) If the natural gas-driven continuous bleed pneumatic controller is located at a natural gas processing plant, the documentation that the natural gas bleed rate is zero.

(4) For a natural gas-driven continuous bleed pneumatic controller under § 129.134(b), the determination based on a functional requirement for why a natural gas bleed rate greater than the applicable standard is required. A functional requirement includes one or more of the following:

(i) Response time.

(ii) Safety.

(iii) Positive actuation.

(d) Natural gas-driven diaphragm pumps. The records for each natural gas-driven diaphragm pump must include the following, as applicable:

(1) The required compliance date, location and manufacturer specifications for each natural gas-driven diaphragm pump subject to § 129.135 (relating to natural gas-driven diaphragm pumps).

(2) Each deviation when the natural gas-driven diaphragm pump was not operated in compliance with the requirements specified in § 129.135.

(3) For a natural gas-driven diaphragm pump under § 129.135(d), the records of the days of operation each calendar year. Any period of operation during a calendar day counts toward the 90-calendar-day threshold.

(4) For a natural gas-driven diaphragm pump under § 129.135(c)(1), maintain the following records:

(i) The records under subsection (j) for the control device type.

(ii) One of the following:

(A) The results of a performance test under § 129.139(k) or (l) (relating to control devices).

(B) A design evaluation indicating the percentage of VOC emissions reduction the control device is designed to achieve.

(C) The manufacturer’s specifications indicating the percentage of VOC emissions reduction the control device is designed to achieve.

(5) For a well site with no available control device or process under § 129.135(c)(2), maintain a copy of the certification submitted under subsection (k)(3)(iii)(B)(II).

(6) The engineering assessment substantiating a claim under § 129.135(c)(3), including the certification under § 129.135(c)(3)(ii)(C).

(7) For a natural gas-driven diaphragm pump required to reduce VOC emissions under § 129.135(b)(1), the demonstration under § 129.135(b)(1)(iii).

(e) Reciprocating compressors. The records for each reciprocating compressor must include the following, as applicable:

(1) For a reciprocating compressor under § 129.136(b)(1)(i) (relating to compressors), the following records:

(i) The cumulative number of hours of operation.

(ii) The date and time of each rod packing replacement.

(2) For a reciprocating compressor under § 129.136(b)(1)(ii), the following records:

(i) The number of months since the previous replacement of the rod packing.

(ii) The date of each rod packing replacement.

(3) For a reciprocating compressor under § 129.136(b)(2), the following records:

(i) A statement that emissions from the rod packing are being routed to a control device or a process through a closed vent system under negative pressure.

(ii) The date of installation of a rod packing emissions collection system and closed vent system as specified in § 129.136(b)(2).

(4) Each deviation when the reciprocating compressor was not operated in compliance with § 129.136(b).

(f) Centrifugal compressors. The records for each centrifugal compressor must include the following, as applicable:

(1) An identification of each existing centrifugal compressor using a wet seal system subject to § 129.136(c).

(2) Each deviation when the centrifugal compressor was not operated in compliance with § 129.136(c).

(3) For a centrifugal compressor required to reduce VOC emissions under § 129.136(c)(1), the demonstration under § 129.136(c)(3).

(g) Fugitive emissions components. The records for each fugitive emissions component must include the following, as applicable:

(1) For an oil well site subject to § 129.137(c)(1)(ii) (relating to fugitive emissions components):

(i) The location of each well and its United States Well ID Number.

(ii) The analysis documenting a GOR of less than 300 standard cubic feet of gas per barrel of oil produced, conducted using generally accepted methods. The analysis must be signed by and include a certification by the responsible official stating that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate and complete.

(2) For each well site, the average production calculations required under § 129.137(b)(1) and § 129.137(c)(4).

(3) For a well site subject to § 129.137(c)(2) or (c)(3), a natural gas gathering and boosting station or a natural gas processing plant:

(i) The fugitive emissions monitoring plan under § 129.137(g).

(ii) The records of each monitoring survey conducted under § 129.137(c)(2)(ii), (c)(3)(ii) or (e)(2). The monitoring survey must include the following information:

(A) The facility name and location.

(B) The date, start time and end time of the survey.

(C) The name of the equipment operator performing the survey.

(D) The monitoring instrument used.

(E) The ambient temperature, sky conditions and maximum wind speed at the time of the survey.

(F) Each deviation from the monitoring plan or a statement that there were none.

(G) Documentation of each fugitive emission including:

(I) The identification of each component from which fugitive emissions were detected.

(II) The instrument reading of each fugitive emissions component that meets the definition of a leak under § 129.132(a) (relating to definitions, acronyms and EPA methods).

(III) The repair methods applied in each attempt to repair the component.

(IV) The tagging or digital photographing of each component not repaired during the monitoring survey in which the fugitive emissions were discovered.

(V) The reason a component was placed on delay of repair.

(VI) The date of successful repair of the component.

(VII) If repair of the component was not completed during the monitoring survey in which the fugitive emissions were discovered, the information on the instrumentation or the method used to resurvey the component after repair.

(h) Covers. The records for each cover include the results of each cover inspection under § 129.138(a) (relating to covers and closed vent systems).

(i) Closed vent systems. The records for each closed vent system must include the following, as applicable:

(1) The results of each closed vent system inspection under § 129.138(b)(2).

(2) For the no detectable emissions inspections of § 129.138(d), a record of the monitoring survey as specified under subsection (g)(3)(ii).

(3) The engineering assessment under § 129.138(c), including the certification under § 129.138(c)(3).

(4) If the closed vent system includes a bypass device subject to § 129.138(b)(4), a record of:

(i) Each time the alarm is activated.

(ii) Each time the key is checked out, as applicable.

(iii) Each inspection required under § 129.138(b)(4)(ii)(B).

(j) Control devices. The records for each control device must include the following, as applicable:

(1) Make, model and serial number of the purchased device.

(2) Date of purchase.

(3) Copy of purchase order.

(4) Location of the control device in latitude and longitude coordinates in decimal degrees to an accuracy and precision of 5 decimals of a degree using the North American Datum of 1983.

(5) For the general requirements under § 129.139(b):

(i) The manufacturer’s written operating instructions, procedures and maintenance schedule to ensure good air pollution control practices for minimizing emissions under § 129.139(b)(1).

(ii) The results of each monthly physical integrity check performed under § 129.139(b)(2).

(iii) The CPMS data which indicates the presence of a pilot flame during the device’s operation under § 129.139(b)(3).

(iv) The results of the visible emissions test under § 129.139(b)(4) using Figure 22-1 in EPA Method 22 or a form which includes the following:

(A) The name of the company that owns or operates the control device.

(B) The location of the control device.

(C) The name and affiliation of the person performing the observation.

(D) The sky conditions at the time of observation.

(E) Type of control device.

(F) The clock start time.

(G) The observation period duration, in minutes and seconds.

(H) The accumulated emission time, in minutes and seconds.

(I) The clock end time.

(v) The results of the visible emissions test required in § 129.139(b)(6) under subparagraph (iv) following a return to operation from a maintenance or repair activity performed under § 129.139(b)(5).

(vi) The maintenance and repair log under § 129.139(b)(7).

(6) For a manufacturer-tested combustion control device under § 129.139(c), maintain the following records:

(i) The records specified in paragraph (5)(i)—(vi).

(ii) The manufacturer’s specified inlet gas flow rate.

(iii) The CPMS results under § 129.139(c)(1)(i).

(iv) The results of each performance test conducted under § 129.139(c)(1)(ii) as performed under § 129.139(k).

(7) For an enclosed combustion device in § 129.139(d):

(i) The records specified in paragraph (5)(i)—(vi).

(ii) The results of each performance test conducted under § 129.139(d)(1)(i) as performed under § 129.139(k).

(iii) The results of each performance test conducted under § 129.139(d)(1)(ii) as performed under § 129.139(l).

(iv) The data and calculations for the CPMS installed, operated or maintained under § 129.139(d)(2).

(8) For a flare in § 129.139(e), the records specified in paragraph (5)(iii)—(vi).

(9) For a regenerative carbon adsorption device in § 129.139(g):

(i) The records specified in paragraph (5)(i) and (ii).

(ii) The results of the performance test conducted under § 129.139(f)(1)(i) as performed under § 129.139(k).

(iii) The results of the performance test conducted under § 129.139(f)(1)(ii) as performed under § 129.139(l).

(iv) The control device design analysis, if one is performed under § 129.139(g)(6).

(v) The data and calculations for a CPMS installed, operated or maintained under § 129.139(g)(1)—(5).

(vi) The schedule for carbon replacement, as determined by § 129.139(f)(2) or the design analysis requirements of § 129.139(g)(6) and records of each carbon replacement under § 129.139(f)(3) and (4).

(10) For a nonregenerative carbon adsorption device in § 129.139(h):

(i) The records specified in paragraph (5)(i) and (ii).

(ii) The results of the performance test conducted under § 129.139(f)(1)(i) as performed under § 129.139(k).

(iii) The results of the performance test conducted under § 129.139(f)(1)(ii) as performed under § 129.139(l).

(iv) The control device design analysis, if one is performed under § 129.139(h)(2).

(v) The schedule for carbon replacement, as determined by § 129.139(f)(2) or the design analysis requirements of § 129.139(h)(2) and records of each carbon replacement under § 129.139(f)(3) and (4).

(11) For a condenser or other nondestructive control device in § 129.139(i):

(i) The records specified in paragraph (5)(i) and (ii).

(ii) The results of the performance test conducted under § 129.139(i)(1)(i) as performed under § 129.139(k).

(iii) The results of the performance test conducted under § 129.139(i)(1)(ii) as performed under § 129.139(l).

(iv) The control device design analysis, if one is performed under § 129.139(i)(7).

(v) The site-specific monitoring plan under § 129.139(i)(2).

(vi) The data and calculations for a CPMS installed, operated or maintained under § 129.139(i)(3)—(5).

(k) Reporting. The owner or operator of a source subject to § 129.131(a) (relating to general provisions and applicability) shall do the following:

(1) Submit an initial annual report to the Air Program Manager of the appropriate Department Regional Office by December 2, 2023, and annually thereafter on or before June 1.

(i) The responsible official must sign, date and certify compliance and include the certification in the initial report and each subsequent annual report.

(ii) The due date of the initial report may be extended with the written approval of the Air Program Manager of the appropriate Department Regional Office.

(2) Submit the reports under paragraph (3) in a manner prescribed by the Department.

(3) Submit the information specified in subparagraphs (i)—(ix) for each report as applicable:

(i) Storage vessels. The report for each storage vessel must include the information specified in subsection (b)(1)—(4) for the reporting period, as applicable.

(ii) Natural gas-driven continuous bleed pneumatic controllers. The initial report for each natural gas-driven continuous bleed pneumatic controller must include the information specified in subsection (c), as applicable. Subsequent reports must include the following:

(A) The information specified in subsection (c)(1) and (2) for each natural gas-driven continuous bleed pneumatic controller.

(B) The information specified in subsection (c)(3) and (4) for each natural gas-driven continuous bleed pneumatic controller installed during the reporting period.

(iii) Natural gas-driven diaphragm pumps. The report for each natural gas-driven diaphragm pump must include the following:

(A) The information specified in subsection (d)(1) and (2) for the reporting period, as applicable.

(B) A certification of the compliance status of each natural gas-driven diaphragm pump during the reporting period using one of the following:

(I) A certification that the emissions from the natural gas-driven diaphragm pump are routed to a control device or process under § 129.135(b)(1)(ii) or (c)(1). If the control device is installed during the reporting period under § 129.135(c)(2)(iii), include the information specified in subsection (d)(4).

(II) A certification under § 129.135(c)(2) that there is no control device or process available at the facility during the reporting period. This includes if a control device or process is removed from the facility during the reporting period.

(III) A certification according to § 129.135(c)(3)(ii)(C) that it is technically infeasible to capture and route emissions from:

(-a-) A natural gas-driven diaphragm pump installed during the reporting period to an existing control device or process.

(-b-) An existing natural gas-driven diaphragm pump to a control device or process installed during the reporting period.

(-c-) An existing natural gas-driven diaphragm pump to another control device or process located at the facility due to the removal of the original control device or process during the reporting period.

(iv) Reciprocating compressors. The report for each reciprocating compressor must include the information specified in subsection (e) for the reporting period, as applicable.

(v) Centrifugal compressors. The report for each centrifugal compressor must include the information specified in subsection (f) for the reporting period, as applicable.

(vi) Fugitive emissions components. The report for each fugitive emissions component must include the records of each monitoring survey conducted during the reporting period as specified in subsection (g)(3)(ii).

(vii) Covers. The report for each cover must include the information specified in subsection (h) for the reporting period, as applicable.

(viii) Closed vent systems. The report for each closed vent system must include the information specified in subsection (i)(1) and (2) for the reporting period, as applicable. The information specified in subsection (i)(3) is only required for the initial report or if the closed vent system was installed during the reporting period.

(ix) Control devices. The report for each control device must include the information specified in subsection (j), as applicable.

The provisions of this § 129.140 added under section 5(a)(1) and (8) of the Air Pollution Act (35 P.S. § 4005(a)(1) and (8)).

The provisions of this § 129.140 added December 9, 2022, effective December 2, 2022, 52 Pa.B. 7635.

This section cited in 25 Pa. Code § 129.131 (relating to general provisions and applicability); 25 Pa. Code § 129.132 (relating to definitions, acronyms and EPA methods); 25 Pa. Code § 129.133 (relating to storage vessels); 25 Pa. Code § 129.134 (relating to natural gas-driven continuous bleed pneumatic controllers); 25 Pa. Code § 129.135 (relating to natural gas-driven diaphragm pumps); 25 Pa. Code § 129.136 (relating to compressors); 25 Pa. Code § 129.137 (relating to fugitive emissions components); 25 Pa. Code § 129.138 (relating to covers and closed vent systems); and 25 Pa. Code § 129.139 (relating to control devices).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.201 Boilers.

(a) By May 1, 2005, and each year thereafter, the owner or operator of a boiler that meets the definition of a boiler in § 145.2 (relating to definitions) located in Bucks, Chester, Delaware, Montgomery or Philadelphia County shall comply with this section and § 129.204 (relating to emission accountability). This section does not apply to naval marine combustion units operated by the United States Navy for the purposes of testing and operational training or to units that combust municipal waste at a facility that is permitted as a resource recovery facility under Part I, Subpart D, Article VIII (relating to municipal waste).

(b) By October 31, 2005, and each year thereafter, the owner or operator of the boiler shall calculate the difference between the actual emissions from the unit for the period from May 1 through September 30 and the allowable emissions for that period.

(c) The owner or operator shall calculate allowable emissions by multiplying the unit’s cumulative heat input for the period by the applicable emission rate in paragraph (1) or (2).

(1) The emission rate for a boiler with a nameplate rated capacity of greater than 100 million Btu/hour but less than or equal to 250 million Btu/hour shall be as follows:

(i) For a boiler firing natural gas or a boiler firing a noncommercial gaseous fuel, 0.10 pounds NOx per million Btu heat input.

(ii) For a boiler firing solid or liquid fuel, 0.20 pounds of NOx per million Btu heat input.

(2) The emission rate for a boiler with a nameplate rated capacity of greater than 250 million Btu/hour that is not subject to § 145.8(c) or (d) (relating to transition to CAIR NOx trading programs) shall be 0.17 pounds NOx per million Btu heat input.

The provisions of this § 129.201 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.201 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705. Immediately preceding text appears at serial pages (308492) to (308493).

This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.204 (relating to emission accountability); and 25 Pa. Code § 145.8 (relating to transition to CAIR NOx trading programs).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.202 Stationary combustion turbines.

(a) By May 1, 2005, and each year thereafter, the owner or operator of a stationary combustion turbine with a nameplate rated capacity of greater than 100 million Btu/hour located in Bucks, Chester, Delaware, Montgomery or Philadelphia County shall comply with this section and § 129.204 (relating to emission accountability). This section does not apply to naval marine stationary combustion turbines operated by the United States Navy for the purposes of testing and operational training.

(b) By October 31, 2005, and each year thereafter, the owner or operator of the stationary combustion turbine shall calculate the difference between the actual emissions from the unit for the period from May 1 through September 30 and the allowable emissions for that period.

(c) The owner or operator shall calculate allowable emissions by multiplying the unit’s cumulative heat input for the period by the applicable emission rate set forth in paragraph (1) or (2).

(1) The emission rate for a stationary combustion turbine with a nameplate rated capacity of greater than 100 million Btu/hour but less than or equal to 250 million Btu/hour heat input shall be as follows:

(i) A combined cycle or regenerative cycle stationary combustion turbine:

(A) When firing natural gas or a noncommercial gaseous fuel, 0.17 lbs NOx/MMBtu or 1.3 lbs NOx/MWH.

(B) When firing oil, 0.26 lbs NOx/MMBtu or 2.0 lbs NOx/MWH.

(ii) A simple cycle stationary combustion turbine:

(A) When firing natural gas or a noncommercial gaseous fuel, 0.20 lbs NOx/MMBtu or 2.2 lbs NOx/MWH.

(B) When firing oil, 0.30 lbs NOx/MMBtu or 3.0 lbs NOx/MWH.

(2) The emission rate for a stationary combustion turbine with a nameplate rated capacity of greater than 250 million Btu/hour heat input that is not subject to § 145.8(c) or (d) (relating to transition to CAIR NOx trading programs) is 0.17 lbs NOx per million Btu heat input.

The provisions of this § 129.202 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.202 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705. Immediately preceding text appears at serial pages (308493) to (308494).

This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.204 (relating to emissions accountability); and 25 Pa. Code § 145.8 (relating to transition to CAIR NOx trading program).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.203 Stationary internal combustion engines.

(a) By May 1, 2005, the owner or operator of a stationary internal combustion engine rated at greater than 1,000 horsepower and located in Bucks, Chester, Delaware, Montgomery or Philadelphia County shall comply with this section and § 129.204 (relating to emission accountability). This section does not apply to naval marine combustion units operated by the United States Navy for the purposes of testing and operational training or to stationary internal combustion engines regulated under Chapter 145, Subchapter B (relating to emissions of NOx from stationary internal combustion engines).

(b) By October 31, 2005, and each year thereafter, the owner or operator of the stationary internal combustion engine shall calculate the difference between the actual emissions from the unit during the period from May 1 through September 30 and the allowable emissions for that period.

(c) The owner or operator shall calculate allowable emissions by multiplying the cumulative hours of operations for the unit for the period by the horsepower rating of the unit and by the applicable emission rate set forth in paragraph (1) or (2).

(1) For a spark-ignited engine, 3.0 grams of NOx per brake horsepower-hour.

(2) For a compression ignition stationary internal combustion engine firing diesel fuel or a combination of diesel fuel and natural gas, 2.3 grams of NOx per brake horsepower-hour.

(d) Emissions from a stationary internal combustion engine that has been or is replaced by an electric motor may be counted as allowable emissions for purposes of this section and § 129.204, as follows:

(1) For a replaced spark-ignited engine, 3.0 grams of NOx per brake horsepower-hour of the replacement motor, less 1.5 pounds of NOx per MWH of electricity consumed by the replacement motor.

(2) For a replaced compression ignition stationary internal combustion engine that fired diesel fuel or a combination of diesel fuel and natural gas, 2.3 grams of NOx per brake horsepower-hour, less 1.5 pounds of NOx per MWH of electricity consumed by the replacement motor.

The provisions of this § 129.203 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.203 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509.

This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.204 (relating to emission accountability); and 25 Pa. Code § 145.8 (relating to transition to CAIR NOx trading program).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.204 Emission accountability.

(a) This section applies to units described in § § 129.201—129.203 (relating to boilers; stationary combustion turbines; and stationary internal combustion enginers).

(b) The owner or operator shall determine actual emissions in accordance with one of the following:

(1) If the owner or operator of the unit is required to monitor NOx emissions with a CEMS operated and maintained in accordance with a permit or State or Federal regulation, the CEMS data reported to the Department to comply with the monitoring and reporting requirements of this article shall be used. Any data invalidated under Chapter 139 (relating to sampling and testing) shall be substituted with data calculated using the potential emission rate for the unit or, if approved by the Department in writing, an alternative amount of emissions that is more representative of actual emissions that occurred during the period of invalid data.

(2) If the owner or operator of the unit is not required to monitor NOx emissions with a CEMS, one of the following shall be used to determine actual emissions of NOx:

(i) The 1-year average emission rate calculated from the most recent permit emission limit compliance demonstration test data for NOx.

(ii) The maximum hourly allowable NOx emission rate contained in the permit or the higher of the following:

(A) The highest rate determined by use of the emission factor for the unit class contained in the most up-to-date version of the EPA publication, ‘‘AP-42 Compilation of Air Pollution Emission Factors.’’

(B) The highest rate determined by use of the emission factor for the unit class contained in the most up-to-date version of EPA’s ‘‘Factor Information Retrieval (FIRE)’’ data system.

(iii) CEMS data, if the owner or operator elects to monitor NOx emissions with a CEMS. The owner or operator shall monitor emissions and report the data from the CEMS in accordance with Chapter 139 or Chapter 145 (relating to interstate pollution transport reduction). Any data invalidated under Chapter 139 shall be substituted with data calculated using the potential emission rate for the unit or, if approved by the Department in writing, an alternative amount of emissions that is more representative of actual emissions that occurred during the period of invalid data.

(iv) An alternate calculation and recordkeeping procedure based upon emissions testing and correlations with operating parameters. The operator of the unit shall demonstrate that the alternate procedure does not underestimate actual emissions throughout the allowable range of operating conditions. In regard to obtaining the Department’s approval for an alternate calculation method and recordkeeping procedure for actual emissions, the owner or operator may request an adjustment to the allowable emissions calculations set forth in § § 129.201—129.203. An allowable emission adjustment may not overestimate a unit’s allowable emissions and must be based upon the parameters and procedures proposed in the alternate calculation method for actual emissions. The alternate calculation and recordkeeping procedures must be approved by the Department, in writing, prior to implementation.

(c) The owner or operator of a unit subject to this section shall surrender to the Department one CAIR NOx allowance and one CAIR NOx Ozone Season allowance, as defined in 40 CFR 96.102 and 96.302 (relating to definitions), for each ton of NOx by which the combined actual emissions exceed the allowable emissions of the units subject to this section at a facility from May 1 through September 30. The surrendered allowances shall be of current year vintage. For the purpose of determining the amount of allowances to surrender, any remaining fraction of a ton equal to or greater than 0.50 ton is deemed to equal 1 ton and any fraction of a ton less than 0.50 ton is deemed to equal zero tons.

(d) If the combined allowable emissions from units subject to this section at a facility from May 1 through September 30 exceed the combined actual emissions from units subject to this section at the facility during the same period, the owner or operator may deduct the difference or any portion of the difference from the amount of actual emissions from units subject to this section at the owner or operator’s other facilities.

(e) By November 1, 2005, and by November 1 of each year thereafter, an owner or operator of a unit subject to this section shall surrender the required NOx allowances to the Department’s designated NOx allowance tracking system account and provide to the Department, in writing, the following:

(1) The serial number of each NOx allowance surrendered.

(2) The calculations used to determine the quantity of NOx allowances required to be surrendered.

(f) If an owner or operator fails to comply with subsection (e), the owner or operator shall by December 31 surrender three NOx allowances of the current or later year vintage for each NOx allowance that was required to be surrendered by November 1 of that year.

(g) The surrender of NOx allowances under subsection (f) does not affect the liability of the owner or operator of the unit for any fine, penalty or assessment, or an obligation to comply with any other remedy for the same violation, under the CAA or the act.

(1) For purposes of determining the number of days of violation, if a facility has excess emissions for the period May 1 through September 30, each day in that period (153 days) constitutes a day in violation unless the owner or operator of the unit demonstrates that a lesser number of days should be considered.

(2) Each ton of excess emissions is a separate violation.

The provisions of this § 129.204 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.204 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509; amended April 11, 2008, effective April 12, 2008, 38 Pa.B. 1705. Immediately preceding text appears at serial pages (308495) to (308497).

This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.202 (relating to stationary combustion turbines); 25 Pa. Code § 129.203 (relating to stationary internal combustion engines); and 25 Pa. Code § 129.205 (relating to zero emissions renewable energy production credit).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.205 Zero emission renewable energy production credit.

In calculating actual emissions from a facility under § 129.204 (relating to emission accountability), the owner or operator may deduct 1.5 pounds of NOx per MWH of electricity or thermal power equivalent for each MWH of zero emission renewable energy produced, if the following conditions are met:

(1) The zero emission renewable energy production is certified in a tradable renewable certificate.

(2) The zero emission renewable energy was generated by a power source that produced zero emissions and used 100% renewable energy, such as solar or wind power, in producing the renewable energy. For hydropower, the power must be generated without the use of a dam.

(3) The zero emission renewable energy power source was originally brought into production on or after December 11, 2004.

(4) The zero emission renewable energy power source is located in Bucks, Chester, Delaware, Montgomery or Philadelphia County.

(5) The owner or operator surrenders the renewable tradable certificate to the Department.

(6) The owner or operator certifies that the conditions of this section have been satisfied.

The provisions of this § 129.205 issued under section 5 of the Air Pollution Control Act (35 P.S. § 4005).

The provisions of this § 129.205 adopted December 10, 2004, effective December 11, 2004, 34 Pa.B. 6509.

This section cited in 25 Pa. Code § 129.97 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.99 (relating to alternative RACT proposal and petition for alternative compliance schedule); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); and 25 Pa. Code § 129.114 (relating to alternative RACT proposal and petition for alternative compliance schedule).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.301 Purpose.

The purpose of this section and § § 129.302—129.310 is to annually limit the emissions of NOx from glass melting furnaces.

The provisions of this § 129.301 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.301 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.302 Applicability.

This section, § 129.301 (relating to purpose) and § § 129.303—129.310 apply to an owner or operator of a glass melting furnace in this Commonwealth, including those within the jurisdiction of local air pollution control agencies in Philadelphia and Allegheny Counties approved under section 12 of the act (35 P.S. § 4012), that emits or has the potential to emit NOx at a rate greater than 50 tons per year.

The provisions of this § 129.302 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.302 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.303 Exemptions.

(a) The emission requirements in § 129.304 (relating to emission requirements) do not apply during periods of start-up, shutdown, or idling as defined in § 121.1 (relating to definitions), if the owner or operator complies with the requirements in § § 129.305, 129.306 and 129.307 (relating to start-up requirements; shutdown requirements; and idling requirements).

(b) The owner or operator of a glass melting furnace claiming an exemption under subsection (a) shall notify the Department or the appropriate approved local air pollution control agency in writing within 24 hours after initiation of the operation for which the exemption is claimed. The methods for submitting the written notice may include e-mail, hand or courier delivery, certified mail or facsimile transmissions to the appropriate regional office described in § 121.4 (relating to regional organization of the Department) or appropriate approved local air pollution control agency. The notification must include:

(1) The date and time of the start of the exempt operation.

(2) The reason for performing the operation and an estimated completion date.

(3) Identification of the emission control system operating during the exemption period.

(c) The owner or operator of a glass melting furnace granted an exemption under this section shall maintain operating records or documentation, or both, necessary to support the claim for the exemption. The records shall be maintained for 5 years onsite and made available or submitted to the Department or appropriate approved local air pollution control agency, upon request.

(d) The owner or operator of a glass melting furnace shall notify the Department or the appropriate approved local air pollution control agencies in writing within 24 hours after completion of the operation for which the exemption is claimed.

The provisions of this § 129.303 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.303 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.304 Emission requirements.

(a) Except as specified in § § 129.303, 129.304(c), 129.305, 129.306 and 129.307, the owner or operator of a glass melting furnace may not operate the glass melting furnace in a manner that results in NOx emissions in excess of the following allowable limits or NOx emission limits contained in the plan approval or operating permit, whichever are lower:

(1) 4.0 pounds of NOx per ton of glass pulled for container glass furnaces.

(2) 7.0 pounds of NOx per ton of glass pulled for pressed or blown glass furnaces.

(3) 4.0 pounds of NOx per ton of glass pulled for fiberglass furnaces.

(4) 7.0 pounds of NOx per ton of glass pulled for flat glass furnaces.

(5) 6.0 pounds of NOx per ton of glass pulled for all other glass melting furnaces.

(b) The owner or operator of a glass melting furnace shall comply with subsection (a) by January 1, 2012, unless a petition for an alternative emission limitation or compliance schedule is submitted, in writing, to the Department and appropriate approved local air pollution control agency by January 1, 2012, in accordance with subsection (c) and approved, in writing, by the Department or appropriate approved local air pollution control agency.

(c) An owner or operator of a glass melting furnace that does not meet the NOx emission limits specified under this section by January 1, 2012, may petition the Department and appropriate approved local air pollution control agency for an alternative emission limitation or compliance schedule as follows:

(1) The owner or operator of a glass melting furnace subject to this section may submit, in writing, a petition requesting an alternative emission limitation. The petition must demonstrate to the satisfaction of the Department and appropriate approved local air pollution control agency that it is economically or technologically infeasible to meet the emission limitation under this section. The alternative emission limitation must be included in either a plan approval or an operating permit issued by the Department or a permit issued by the appropriate approved local air pollution control agency.

(2) The owner or operator of a glass melting furnace for which the schedule for cold shutdown does not allow compliance by January 1, 2012 may submit a petition, in writing, requesting an alternative compliance schedule. The alternative compliance schedule for a cold shutdown which occurs after June 19, 2010, may not be extended beyond 180 days from the start-up of the furnace after the cold shutdown, unless approved, in writing, by the Department.

(3) A petition must include the following:

(i) A brief description, including make, model and location, of each affected glass melting furnace.

(ii) A list of all air pollution control technologies and measures that have been installed on each affected glass melting furnace and are operating to control emissions of NOx.

(iii) The date of installation and original commencement of operation for each of the technologies and measures listed in accordance with subparagraph (ii).

(iv) An explanation of how the NOx control technology or measure installed has been optimized for the maximum NOx emission reduction for each of the technologies and measures listed in accordance with subparagraph (ii).

(v) The results of each stack test and other emissions measurements for the affected glass melting furnace following the installation and commencement of operation of the air pollution control technologies and measures listed in accordance with subparagraph (ii).

(vi) The date of last scheduled cold shutdown for each affected furnace.

(vii) The date of next scheduled cold shutdown of each affected furnace.

(viii) Other relevant information requested, in writing, by the Department or appropriate approved local air pollution control agency.

(4) If an alternative compliance schedule is sought to meet the requirements of this section, the owner or operator shall submit a proposed schedule containing proposed interim milestone dates for completing each phase of the required work and a proposed final compliance date. The petition must also include a proposed interim emission limitation until compliance is achieved with the requirements specified in this section.

(5) If an alternative emission limitation is sought to meet the requirements of this section, the conditions or special circumstances which demonstrate that the applicable requirements are technologically or economically infeasible.

(6) If an alternative emission limitation is sought to meet the requirements of this section, the owner or operator shall propose emission limitations in the petition.

(7) Approved interim milestone dates or emission limitations determined to be necessary for effective monitoring of progress toward full compliance with the requirements of this section, § § 129.301—129.303 and 129.305—129.310 shall be specified in a plan approval or operating permit issued by the Department or a permit issued by the appropriate approved local air pollution control agency.

(d) During routine maintenance of an add-on emission control system or systems, or maintenance or repair measures on furnace components, the owner or operator of a glass melting furnace subject to the emission limits specified under subsection (a) is exempt from these limits if:

(1) All routine maintenance of an add-on emission control system or maintenance or repair measures on furnace components, or both, combined, in each calendar year does not exceed 144 hours total.

(2) The routine maintenance or maintenance or repair measure, or both, is conducted in a manner consistent with good air pollution control practices for minimizing emissions.

The provisions of this § 129.304 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.304 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicablity); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.307 (relating to idling requirements); 25 Pa. Code § 129.308 (relating to compliance determination); 25 Pa. Code § 129.309 (relating to compliance demonstration); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.305 Start-up requirements.

(a) The owner or operator of the glass melting furnace shall submit, in writing, to the Department or appropriate approved local air pollution control agency, no later than 30 days prior to the anticipated date of start-up, information requested by the Department or appropriate approved local air pollution control agency to assure proper operation of the furnace. The information must include the following:

(1) A detailed list of activities to be performed during start-up and an explanation for the length of time needed to complete each activity.

(2) A description of the material process flow rates and system operating parameters and other information that the owner or operator plans to evaluate during the process optimization.

(b) The owner or operator of a glass melting furnace may submit a request for a start-up exemption in conjunction with the plan approval application if required. The actual length of the start-up exemption, if any, will be determined by the Department or appropriate approved local air pollution control agency at the time of the issuance of the plan approval or operating permit.

(c) The length of the start-up exemption following activation of the primary furnace combustion system may not exceed:

(1) Seventy days for a container, pressed or blown glass furnace.

(2) Forty days for a fiberglass furnace.

(3) One hundred and four days for a flat glass furnace and for all other glass melting furnaces not covered under paragraphs (1) and (2).

(d) The requirements of subsection (c) notwithstanding, if the NOx control system is not in common use or is not readily available from a commercial supplier, the length of the maximum start-up exemption following activation of the primary furnace combustion system is as follows:

(1) One hundred days for a container, pressed or blown glass furnace.

(2) One hundred and five days for a fiberglass furnace.

(3) Two hundred and eight days for a flat glass furnace and for all other glass melting furnaces not covered under paragraphs (1) and (2).

(e) The Department or appropriate approved local air pollution control agency may approve start-up exemptions, as appropriate, to the extent that the submittal clearly:

(1) Identifies the control technologies or strategies to be used.

(2) Describes the physical conditions that prevail during start-up periods that prevent the controls from being effective.

(3) Provides a reasonably precise estimate as to when physical conditions will have reached a state that allows for the effective control of emissions.

(f) During the start-up period, the owner or operator of a glass melting furnace shall maintain the stoichiometric ratio of the primary furnace combustion system so as not to exceed 5% excess oxygen, as calculated from the actual fuel and oxidant flow measurements for combustion in the glass melting furnace.

(g) The owner or operator shall place the emission control system in operation as soon as technologically feasible during start-up to minimize emissions.

The provisions of this § 129.305 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.305 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.306 Shutdown requirements.

(a) The duration of a glass melting furnace shutdown, as measured from the time the furnace operations drop below 25% of the permitted production capacity or fuel use capacity to when all emissions from the furnace cease, may not exceed 20 days.

(b) The owner or operator of a glass melting furnace shall operate the emission control system whenever technologically feasible, as approved by the Department or appropriate approved local air pollution control agency, during shutdown to minimize emissions.

The provisions of this § 129.306 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.306 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.307 Idling requirements.

(a) The owner or operator of a glass melting furnace shall operate the emission control system whenever technologically feasible, as approved by the Department or appropriate approved local air pollution control agency, during idling to minimize emissions.

(b) The NOx emissions during idling may not exceed the amount calculated using the following equation:

Pounds per day emission limit of NOx = (Applicable NOx emission limit specified in § 129.304(a) (relating to emission requirements) expressed in pounds per ton of glass produced) x (Furnace permitted production capacity in tons of glass produced per day)

The provisions of this § 129.307 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.307 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.303 (relating to exemptions); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.308 Compliance determination.

(a) Not later than 14 days prior to the applicable compliance date under § 129.304(b) or (c), the owner or operator of a glass melting furnace subject to this section, § § 129.301—129.307, 129.309 and 129.310 shall install, operate and maintain continuous emissions monitoring systems (CEMS, as defined in § 121.1 (relating to definitions)) for NOx and other monitoring systems to convert data to required reporting units in compliance with Chapter 139, Subchapter C (relating to requirements for source monitoring for stationary sources) and calculate actual emissions using the CEMS data reported to the Department. The owner or operator of a glass melting furnace may install or operate, or both, an alternate NOx emissions monitoring system or method, approved in writing by the Department or appropriate approved local air pollution control agency.

(b) Data invalidated under Chapter 139, Subchapter C, shall be substituted with the following if approved in writing by the Department or appropriate approved local air pollution control agency:

(1) The highest valid 1-hour emission value that occurred under similar source operating conditions during the reporting quarter.

(2) If no valid data were collected during the reporting quarter, one of the following shall be reported to the Department or appropriate approved local air pollution control agency:

(i) The highest valid 1-hour emission value that occurred under similar source operating conditions during the most recent quarter for which valid data were collected.

(ii) The highest valid 1-hour emission value that occurred under similar source operating conditions during an alternative reporting period.

(3) An alternative method of data substitution.

(c) Instead of data substitution, the Department or appropriate approved local air pollution control agency may approve an alternative procedure to quantify NOx emissions and glass production.

(d) The owner or operator of a glass furnace subject to this section shall submit to the Department or the appropriate approved local air pollution control agencies quarterly reports of CEMS monitoring data in pounds of NOx emitted per hour, in a format approved by the Department and in compliance with Chapter 139, Subchapter C, or a format approved by the appropriate approved local air pollution control agencies.

(e) The CEMS or approved monitoring system or method for NOx installed under this section must meet the minimum data availability requirements in Chapter 139, Subchapter C.

The provisions of this § 129.308 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.308 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.309 Compliance demonstration.

(a) The owner or operator of a glass melting furnace shall calculate and report to the Department or appropriate approved local air pollution control agency on a quarterly basis, no later than 30 days after the end of the quarter, the CEMS data and glass production data used to show compliance with the allowable NOx emission limitation specified in § 129.304 (relating to emission requirements). The glass production data must consist of the quantity of glass, in tons, pulled per day for each furnace.

(b) The owner or operator of a glass melting furnace shall demonstrate compliance with the emission requirements of § 129.304(a) using one of the following methods:

(1) On a furnace-by-furnace basis.

(2) Facility-wide emissions averaging.

(3) System-wide emissions averaging among glass melting furnaces under common control of the same owner or operator in this Commonwealth.

(c) The owner or operator of a glass melting furnace for which the Department or the appropriate approved local air pollution control agency has granted approval to voluntarily opt into a market-based program may not demonstrate compliance on an emissions averaging basis under subsection (b). An emission reduction obtained by emissions averaging to demonstrate compliance with the emission requirements of § 129.304(a) will not be considered surplus for emission reduction credit purposes. The owner or operator of a glass melting furnace shall demonstrate compliance with the emission requirements of § 129.304(a) in accordance with subsection (d).

(d) Compliance with the emission requirements of § 129.304(a) shall be determined on a 30-day rolling average basis.

The provisions of this § 129.309 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.309 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); 25 Pa. Code § 129.308 (relating to compliance determination); and 25 Pa. Code § 129.310 (relating to recordkeeping).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 129.310 Recordkeeping.

(a) The owner or operator of a glass melting furnace subject to this section and § § 129.301—129.309 shall maintain records to demonstrate compliance. The records must include an operating log maintained for each glass melting furnace that includes, on a daily basis:

(1) The total hours of operation.

(2) The type and quantity of fuel used.

(3) The quantity of glass pulled.

(b) The owner or operator of a glass melting furnace shall maintain records of:

(1) Source tests and operating parameters established during the initial source test.

(2) Maintenance, repairs, malfunctions, idling, start-up and shutdown.

(c) The owner or operator claiming that a glass melting furnace is exempt from the requirements of § § 129.301—129.309 based on the furnace’s potential to emit shall maintain records that clearly demonstrate to the Department or appropriate approved local air pollution control agency that the furnace is not subject to § § 129.301—129.309.

(d) The records required under this section shall be maintained onsite for 5 years. The records shall be made available or submitted to the Department or appropriate approved local air pollution control agency upon request.

The provisions of this § 129.310 issued under section 5(a)(1) of the Air Pollution Control Act (35 P.S. § 4005(a)(1)).

The provisions of this § 129.310 adopted June 18, 2010, effective June 19, 2010, 40 Pa.B. 3328.

This section cited in 25 Pa. Code § 121.1 (relating to definitions); 25 Pa. Code § 129.96 (relating to applicability); 25 Pa. Code § 129.112 (relating to presumptive RACT requirements, RACT emission limitations and petition for alternative compliance schedule); 25 Pa. Code § 129.301 (relating to purpose); 25 Pa. Code § 129.302 (relating to applicability); 25 Pa. Code § 129.304 (relating to emission requirements); and 25 Pa. Code § 129.308 (relating to compliance determination).

This appendix cited in 25 Pa. Code § 129.13 (relating to sulfur recovery plants).

History

• Authority: The provisions of this § 129.
• Source: The provisions of this Chapter 129 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

Chapter 131 Ambient Air Quality Standards

25 Pa. Code § 131.1 Purpose.

This chapter establishes the maximum concentrations of air contaminants which will be permitted to exist in the ambient air, at the point of its use, under various conditions and in various areas of this Commonwealth and to provide standards against which existing air quality may be compared.

The provisions of this § 131.1 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383. Immediately preceding text appears at serial page (4652).

History

• Source: The provisions of this Chapter 131 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 131.2 National Ambient Air Quality Standards.

The National Ambient Air Quality Standards, promulgated by the Administrator of the EPA under the Clean Air Act are hereby incorporated, by reference, as part of the standards in § 131.3 (relating to ambient air quality standards).

The provisions of this § 131.2 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383. Immediately preceding text appears at serial page (4652).

This section cited in 25 Pa. Code § 131.4 (relating to application of ambient air quality standards).

History

• Source: The provisions of this Chapter 131 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 131.3 Ambient air quality standards.

The following standards apply and, unless otherwise stated, are maximum values that may not be exceeded:

The provisions of this § 131.3 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended September 4, 1998, effective September 5, 1998, 28 Pa.B. 4525. Immediately preceding text appears at serial pages (233605) to (233606).

This section cited in 25 Pa. Code § 131.2 (relating to National Ambient Air Quality Standards); 25 Pa. Code § 131.4 (relating to application of ambient air quality standards); 25 Pa. Code § 273.217 (relating to air resources protection); 25 Pa. Code § 277.217 (relating to air resources protection); 25 Pa. Code § 283.218 (relating to air resources protection); 25 Pa. Code § 288.217 (relating to air resources protection); 25 Pa. Code § 289.227 (relating to air resources protection); 25 Pa. Code § 290.411 (relating to storage impoundments—operating requirements); and 25 Pa. Code § 297.218 (relating to air resources protection).

History

• Source: The provisions of this Chapter 131 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 131.4 Application of ambient air quality standards.

The values specified in § § 131.2 and 131.3 (relating to National Ambient Air Quality Standards; and ambient air quality standards) shall be considered as representing minimum quality, but not necessarily desirable quality. Nothing contained in this chapter shall be construed to preclude the Department from enforcing or applying any provision of this article in areas where the ambient air quality is, or will be, at concentrations less than those specified in § § 131.2 and 131.3.

The provisions of this § 131.4 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383. Immediately preceding text appears at serial page (4653).

History

• Source: The provisions of this Chapter 131 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

Chapter 133 Local Air Pollution Agencies

25 Pa. Code § 133.1 Purpose.

The purpose of this chapter is to establish procedures whereby the Department may determine whether an agency of a county, municipality or group of municipalities may be approved by the Department or to have a previously granted approval rescinded or suspended by the Department.

The provisions of this § 133.1 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.2 Scope.

Sources of air contamination or air pollution within the jurisdiction of an agency approved by the Department may not be subject to the procedures for the abatement, reduction, prevention and control of air pollution set forth in the act, except to the extent specifically provided for in section 12 of the act (35 P. S. § 4012).

The provisions of this § 133.2 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.3 Application for approval.

(a) An agency intending to operate an air pollution control program within the confines of a political subdivision of the Commonwealth to which the procedures for the abatement, reduction, prevention and control of air pollution as set forth in the act do not apply, shall make application to the Department for approval of the agency and its program.

(b) Applications shall be in writing and shall contain the following information:

(1) A description of the legal authority of the applicant for the establishment of an air pollution control program.

(2) A description of the administrative, technical and enforcement organization and facilities of the applicant, including its financial resources and budget.

(3) A comprehensive air pollution control program plan which describes the nature and extent of the problem, the immediate and long-range objectives of the plan, the measures to be taken to attain the objectives and a schedule for their accomplishment.

(4) A statement of reasons for the need for Department approval of the agency and program.

(c) The information set forth in the application shall be of sufficient detail to enable the Department to evaluate the program of the agency in terms of the criteria set forth in § 133.4 (relating to factors in evaluating applications for approval).

The provisions of this § 133.3 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.4 Factors in evaluating applications for approval.

(a) When the Department receives an application for approval from an agency, it will make a determination as to whether the program of the agency is compatible with the program of the Commonwealth under the act and whether the program of the agency provides practical means of achieving its objectives.

(b) In making its determination, the Department will consider whether the program of the agency makes provision for the following:

(1) Control of air pollution from open burning operations.

(2) Control of air pollution from air contamination sources by means of visible, mass and concentration emission standards equal to, or more stringent than, those standards established by the Department for the emissions.

(3) Control of nuisances caused by emissions from air contamination sources not subject to emission standards.

(4) Prevention of air pollution from new air contamination sources by means of a plan approval system.

(5) Establishment of ambient air quality criteria.

(6) Establishment of air stagnation air quality levels.

(7) Establishment of a continuous air monitoring system.

(8) Establishment of a source emission inventory or other system to provide information on the nature and amount of emissions.

(9) Authority to inspect air contamination sources.

(10) Authority to obtain the data and process information as is necessary to determine violations of emission standards.

(11) Authority to require air stagnation alert emission control plans.

(12) Authority to enforce standards and the provisions of codes, rules and regulations.

(13) Authority to levy fines and penalties for violations, codes, rules or regulations.

(14) Authority to utilize civil remedies to abate air pollution at the source.

The provisions of this § 133.4 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

This section cited in 25 Pa. Code § 133.3 (relating to application for approval).

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.5 Action on applications—general.

Within 60 days of the receipt of an application of an agency, the Department will either approve or disapprove the agency and its program. Approvals and disapprovals will be in writing and will be mailed or otherwise delivered to the agency set forth in the application.

The provisions of this § 133.5 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.6 Approval of applications.

(a) When the Department grants approval to an agency, the approval may contain the conditions that the Department deems proper to insure the effective implementation of the program of the agency.

(b) The agency may, within 30 days after receipt of an approval with conditions, request the Department to reconsider the conditions imposed by the approval. The Department will hold a hearing for such purpose.

The provisions of this § 133.6 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.7 Disapproval of applications.

(a) When the Department disapproves an application of an agency, the disapproval will set forth the reasons therefor.

(b) The Department, upon written request by an agency whose application has been disapproved and within 30 days after receipt of the disapproval, will hold a hearing to reconsider the disapproval.

The provisions of this § 133.7 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.8 Rescinding or suspending of approval.

(a) The Department may rescind approval previously granted to an agency whenever it finds, after affording the agency an opportunity to be heard, that the agency is not operating its program in conformity with the approval granted by the Department, or as set forth in the application of the agency.

(b) The Department may suspend approval previously granted to an agency if it finds, after affording the agency an opportunity to be heard, that the agency is not effectively enforcing the local air pollution control ordinances or regulations. The suspension will not invalidate the local air pollution control ordinances and regulations. Upon the suspension, the Department will assume the enforcement responsibility of the agency and will enforce, by appropriate administrative and legal proceedings, either the local air pollution control ordinances and regulations or section 5 of the act (35 P. S. § 4005) and this article, whichever is appropriate.

(c) If the Department intends to rescind or suspend the approval of an agency previously given, the Department will notify that agency, in writing, of its intent to do so. Thereafter, the agency may, within 30 days after receipt of notice, request the Department to hold a hearing to determine whether the approval of the agency will be rescinded or suspended.

(d) If the agency does not request a hearing by the Department within the 30-day period, the Department may notify the agency that it has rescinded or suspended its approval as of a given date and that, thereafter, the agency is no longer approved by the Department. Notifications will be in writing and mailed or otherwise delivered to the agency.

The provisions of this § 133.8 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

This section cited in 25 Pa. Code § 133.9 (relating to annual review of approval).

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.9 Annual review of approval.

The Department will review, on an annual basis, an approval previously granted to an agency. If the review discloses information to the Department on the basis of which the Department would be authorized to rescind or suspend the approval, the Department will notify the agency, in writing, of its intent to rescind or suspend the approval previously granted it. Proceedings will be in conformity with § 133.8 (relating to rescinding or suspending of approval).

The provisions of this § 133.9 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

25 Pa. Code § 133.10 Hearings and Department decisions.

After a hearing the Department will notify the agency, in writing, either by mail or other delivery, of its decision. The decision of the Department will affirmatively state the reasons therefor and whether an application is to be disapproved or approved with conditions, or whether an approval previously granted is to be rescinded.

The provisions of this § 133.10 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804.

History

• Source: The provisions of this Chapter 133 adopted September 10, 1971, effective September 11, 1971, 1 Pa.

Chapter 135 Reporting of Sources

25 Pa. Code § 135.1 Purpose.

The purpose of this chapter is to provide a means of obtaining data required to evaluate the effectiveness of regulations, identify available or potential emission offsets and maintain an accurate inventory of air contaminant emissions for air quality assessment and planning activities.

History

• Source: The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.

25 Pa. Code § 135.2 Applicability.

This chapter applies to all sources except the following:

(1) A mobile air contamination source.

(2) A source which emits nonspecific particulate matter only and for which the actual emission rate is less than 1 ton per year.

(3) A source which emits only carbon dioxide, water vapor, nitrogen, oxygen or inert gases such as argon, helium, krypton, neon or xenon.

(4) A combustion unit rated at less than 2.5 million Btu’s per hour of heat input.

(5) A source used in residential premises designed to house four or less families.

(6) Other sources and classes of sources determined to be of minor significance by the Department.

The provisions of this § 135.2 amended October 9, 1992, effective October 10, 1992, 22 Pa.B. 5099. Immediately preceding text appears at serial page (149173).

History

• Source: The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.

25 Pa. Code § 135.3 Reporting.

(a) A person who owns or operates a source to which this chapter applies, and who has previously been advised by the Department to submit a source report, shall submit by March 1 of each year a source report for the preceding calendar year. The report shall include information for all previously reported sources, new sources which were first operated during the preceding calendar year and sources modified during the same period which were not previously reported.

(b) A person who receives initial notification by the Department that a source report is necessary shall submit an initial source report with 60 days after receiving the notification or by March 1 of the year following the year for which the report is required, whichever is later.

(c) A source owner or operator may request an extension of time from the Department for the filing of a source report, and the Department may grant the extension for reasonable cause.

This section cited in 25 Pa. Code § 135.5 (relating to recordkeeping).

History

• Source: The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.

25 Pa. Code § 135.4 Report format.

Source reports shall contain sufficient information to enable the Department to complete its emission inventory. Source reports shall be made by the source owner or operator in a format specified by the Department.

History

• Source: The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.

25 Pa. Code § 135.5 Recordkeeping.

Source owners or operators shall maintain and make available upon request by the Department records including computerized records that may be necessary to comply with § § 135.3 and 135.21 (relating to reporting; and emission statements). These may include records of production, fuel usage, maintenance of production or pollution control equipment or other information determined by the Department to be necessary for identification and quantification of potential and actual air contaminant emissions. If direct recordkeeping is not possible or practical, sufficient records shall be kept to provide the needed information by indirect means.

The provisions of this § 135.5 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5099.

History

• Source: The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.

25 Pa. Code § 135.21 Emission statements.

(a) Except as provided in subsection (d), this section applies to stationary sources or facilities:

(1) Located in an area designated by the Clean Air Act as a marginal, moderate, serious, severe or extreme ozone nonattainment area and which emit oxides of nitrogen or VOC.

(2) Not located in an area described in paragraph (1) and included in the Northeast Ozone Transport Region which emit or have the potential to emit 100 tons or more of oxides of nitrogen or 50 tons or more of VOC per year.

(b) The owner or operator of each stationary source emitting oxides of nitrogen or VOCs shall provide the Department with a statement, in a form as the Department may prescribe, for classes or categories of sources, showing the actual emissions of oxides of nitrogen and VOCs from that source for each reporting period, a description of the method used to calculate the emissions and the time period over which the calculation is based. The statement shall contain a certification by a company officer or the plant manager that the information contained in the statement is accurate.

(c) Annual emission statements are due by March 1 for the preceding calendar year beginning with March 1, 1993, for calendar year 1992 and shall provide data consistent with requirements and guidance developed by the EPA. The guidance document is available from: United States Environmental Protection Agency, 401 M Street, S.W., Washington, D.C. 20460. The Department may require more frequent submittals if the Department determines that one or more of the following applies:

(1) A more frequent submission is required by the EPA.

(2) Analysis of the data on a more frequent basis is necessary to implement the requirements of the act.

(d) Subsection (a) does not apply to a class or category of stationary sources which emits less than 25 tons per year of VOCs or oxides of nitrogen, if the Department in its submissions to the Administrator of the EPA under section 182(a)(1) or (3)(B)(ii) of the Clean Air Act (42 U.S.C.A. § 7511a(a)(1) or (3)(B)(ii)) provides an inventory of emissions from the class or category of sources based on the use of the emission factors established by the Administrator or other methods acceptable to the Administrator. The Department will publish in the Pennsylvania Bulletin a notice of the lists of classes or categories of sources which are exempt from the emission statement requirement under this subsection.

The provisions of this § 135.21 adopted October 9, 1992, effective October 10, 1992, 22 Pa.B. 5099; corrected March 18, 1994, effective October 10, 1992, 24 Pa.B. 1481. Immediately preceding text appears at serial pages (173557) to (173558).

This section cited in 25 Pa. Code § 135.5 (relating to recordkeeping).

History

• Source: The provisions of this Chapter 135 amended through February 14, 1986, effective February 15, 1986, 16 Pa.

Chapter 137 Air Pollution Episodes

25 Pa. Code § 137.1 Purpose.

The purpose of this chapter is to prevent the excessive buildup of air pollutants during air pollution episodes, thereby preventing the occurrence of an emergency due to the effects of the pollutants on the health of persons.

The provisions of this § 137.1 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.2 Monitoring facilities.

The Department will publish and make available information on the location of air quality monitoring facilities designated by the Department for the purposes of this chapter. Information on the sampling techniques employed at the facilities will also be published and made available.

The provisions of this § 137.2 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.3 Episode criteria.

Conditions justifying the declaration of a forecast will be deemed to exist whenever the Department determines that the meteorological conditions are such that the ambient air contaminant concentrations in any part of an air quality control region may be expected to substantially increase above normal levels. Conditions justifying the declaration of an alert, warning or emergency will be deemed to exist whenever the Department determines that the concentration of ambient air contaminants in a part of an air quality control region is attaining or has attained levels which could, if the levels are sustained or exceeded, lead to a substantial threat to the health of persons. In making the determinations, the Department will consider the following:

(1) Forecast level. A forecast will be declared when meteorological conditions are such that ambient air contaminant concentrations may be expected to increase substantially above normal levels.

(2) Alert level. An alert should be declared when one or more of the following levels is reached at a designated air quality monitoring facility and meteorological conditions are such that pollutant concentrations may be expected to remain at the level for 12 or more hours or increase unless control actions are taken:

(i) SO2—0.3 p.p.m., 6-hour average.

(ii) PM10—350 µg/m3 , 24-hour average.

(iii) Ozone—0.2 p.p.m., 1-hour average.

(iv) NO2—0.15 p.p.m., 24-hour average; 0.6 p.p.m., 1-hour average.

(3) Warning level. A warning should be declared when one or more of the following levels is reached at a designated air quality monitoring facility and meteorological conditions are such that pollutant concentrations may be expected to remain at the level for 12 or more hours or increase unless control actions are taken:

(i) SO2—0.6 p.p.m., 6-hour average.

(ii) PM10—420 µg/m3 , 24-hour average.

(iii) CO—30 p.p.m., 8-hour average.

(iv) Ozone—0.4 p.p.m., 1-hour average.

(v) NO2—0.3 p.p.m., 24-hour average; 1.2 p.p.m., 1-hour average.

(4) Emergency level. An emergency should be declared when one or more of the following levels is reached at a designated air quality monitoring facility and meteorological conditions are such that this level can be expected to continue for 12 or more hours:

(i) SO2—0.8 p.p.m., 24-hour average.

(ii) PM10—500 µg/m3 , 24-hour average.

(iii) CO—40 p.p.m., 8-hour average.

(iv) Ozone—0.5 p.p.m., 1-hour average.

(v) NO2—0.4 p.p.m., 24-hour average; 1.6 p.p.m., 1-hour average.

(5) Termination. Once declared, any level reached in accordance with these criteria should remain in effect until the criteria for the alert level are no longer met and meteorological conditions are such that pollutant concentrations may be expected to decrease.

The provisions of this § 137.3 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383; amended November 12, 1976, effective November 13, 1976, 6 Pa.B. 2881; amended June 8, 1990, effective June 9, 1990, 20 Pa.B. 3060. Immediately preceding text appears at serial pages (105249) to (105250) and (136435).

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.4 Standby plans.

(a) This section applies to the following classes of sources located in the counties identified in subsection (b):

(1) Coal or oil-fired electric generating facilities.

(2) Coal or oil-fired steam generating facilities rated at more than 100 million Btu per hour of heat input.

(3) Manufacturing industries of the following classifications which employ more than 20 employes at any one location:

(i) Primary and secondary metals industries.

(ii) Petroleum refining and related industries.

(iii) Chemical and allied products industries.

(iv) Paper and allied products industries.

(v) Glass, clay and concrete products industries.

(4) Municipal and commercial refuse disposal and salvage operations other than incinerators rated at less than 1,000 pounds per hour or refuse.

(5) Other sources determined to be of significance by the Department. The persons responsible for the sources will be so advised by the Department.

(b) The Department will annually classify each county as an area requiring a standby plan based on monitored exceedance of any of the NAAQS.

(c) Any person responsible for the operation of a facility in subsection (a) and located in a county classified in subsection (b) as requiring a standby plan shall submit standby plans for reducing the emission of air contaminants from that facility during alert, warning and emergency levels to the Department within 90 days of the Department’s request. The plans shall be designed to reduce or eliminate the emissions of air contaminants in accordance with the objectives in § § 137.11—137.14 (relating to level actions). The plans shall be in writing on forms published and distributed by the Department and shall identify the approximate amount of reduction of various air contaminants and a description of the manner in which the reductions will be achieved.

(d) If the Department determines that a standby plan does not provide for effectively achieving the objectives in § § 137.11—137.14, the Department may disapprove the plan, state its reasons for the disapproval and either order the preparation of an amended plan within a time period specified in the order or issue, by order, a plan to replace the disapproved plan.

(e) The Department may amend or otherwise change a standby plan if it determines that good cause exists for the action. An amendment or change will be in writing and will be accompanied by a notice of sufficient cause for the action.

(f) For facilities required to submit standby plans under subsection (e), during a forecast, alert, warning or emergency level, the standby plan shall be made available by the person responsible for the facility to employes of the Department on the premises of the source.

The provisions of this § 137.4 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383; amended June 8, 1990, effective June 9, 1990, 20 Pa.B. 3060; amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6804. Immediately preceding text appears at serial pages (212095) to (212096).

This section cited in 25 Pa. Code § 137.5 (relating to implementation of emission reduction procedures).

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.5 Implementation of emission reduction procedures.

(a) If the Department declares that a forecast, alert, warning or emergency level exists in an area of this Commonwealth, the person responsible for the operation of a source whose emissions may affect air quality in that area shall implement the standby plan required by § 137.4 (relating to standby plans), for the source.

(b) A person responsible for the operation of a source not required to prepare a standby plan in accordance with § 137.4 shall, when the Department declares that a forecast, alert, warning or emergency level exists in an area of this Commonwealth in which the source is located, implement applicable emission reduction procedures in accordance with the objectives of § § 137.11—137.14.

The provisions of this § 137.5 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.11 Forecast level actions.

Forecast level actions shall prepare for the implementation of standby plans for an alert level action.

The provisions of this § 137.11 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 137.4 (relating to standby plans); and 25 Pa. Code § 137.5 (relating to implementation of emission reduction procedures).

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.12 Alert level actions.

(a) General requirements. General requirements for alert level actions shall include all of the following:

(1) The prohibition of open burning of material.

(2) The limitation of incineration to the hours of 12 noon to 4 p.m.

(3) The limitation of soot blowing and boiler lancing of combustion units to the hours of 12 noon to 4 p.m.

(4) The substantial reduction of the emissions of air contaminants by the reduction of operating levels.

(5) The substantial reduction of space heating and cooling requirements.

(6) The reduction to a minimum of the emissions of air contaminants from sources which are not in compliance with the emission limitations set forth in this article and from sources operating under a temporary variance granted by the Department.

(7) The deferment or postponement of operations which may be deferred or postponed.

(8) The reduction of the use of electricity.

(9) The elimination of unnecessary operation of motor vehicles.

(10) Preparation for the implementation of standby plans for a warning level action.

(b) Requirements for specific sources. In addition to taking the actions listed in subsection (a) the following sources shall take the indicated control actions:

(1) Thermal electric generating facilities. Thermal electric generating facilities shall conform with all of the following:

(i) Switch to low ash and low sulfur fuel.

(ii) Maximally shift the load from old (high polluting) units to new (low polluting) units.

(iii) Maximally shift the load to facilities outside the alert area.

(2) Industrial boilers. Industrial boilers shall switch to low ash and low sulfur fuel.

(3) Blast furnaces. Blast furnaces shall undergo a substantial reduction of production.

(4) Coke ovens. Coke ovens shall undergo a substantial increase of coking time.

(5) Sinter plants. Sinter plants shall conform with the following:

(i) Substantially reduce production.

(ii) Switch to low sulfur ore, coal and coke.

(6) Steel making furnaces. Steel making furnaces shall conform with all of the following:

(i) Substantially reduce production.

(ii) Substantially reduce oxygen usage.

(iii) Switch to low sulfur fuel.

(7) Slag quenching. Slag quenching sources shall cease operations.

The provisions of this § 137.12 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 137.4 (relating to standby plans); and 25 Pa. Code § 137.5 (relating to implementation of emission reduction procedures).

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.13 Warning level actions.

(a) General requirements. General requirements for warning level actions shall include all of the following:

(1) The continuance of all control actions taken for alert level.

(2) The cessation of incineration of solid or liquid waste.

(3) The reduction to a minimum of the emissions of air contaminants by ceasing, curtailing, postponing or deferring operations to the extent possible without causing injury to persons or damage to equipment.

(4) The reduction to a minimum of space heating and cooling requirements.

(5) The reduction to a minimum of the use of electricity.

(6) The use of car pools and public transportation for necessary travel.

(7) Preparation for the implementation of standby plans for an emergency level action.

(b) Requirements for specific sources. In addition to taking the actions listed in subsection (a), the following sources take the indicated control actions:

(1) Thermal electric generating facilities. Thermal electric generating facilities shall substantially reduce power supplies to users outside the warning area.

(2) Blast furnaces. Blast furnaces shall undergo a maximum reduction of production.

(3) Coke ovens. Coke ovens shall cease charging and pushing to the extent possible without causing damage to equipment. Where ovens are pushed and charged to generate enough gas for underfiring, use of the ovens in best repair with respect to the emission of air contaminants shall occur.

(4) Sinter plants. Sinter plants shall cease production.

(5) Steel making furnaces. Steel making furnaces shall cease production to the extent possible without causing damage to equipment.

(6) Mines and quarries. Mines and quarries shall undergo a maximum reduction of operations without causing damage to equipment.

The provisions of this § 137.13 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 137.4 (relating to standby plans); and 25 Pa. Code § 137.5 (relating to implementation of emission reduction procedures).

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

25 Pa. Code § 137.14 Emergency level actions.

(a) General requirements. General requirements for emergency level actions includes all of the following:

(1) The continuance of all control actions taken for warning level.

(2) At all places of employment, the immediate cessation of operations to the extent possible without causing injury to persons or damage to equipment except that the following establishments may remain in operation:

(i) Commercial establishments engaged in selling or distributing food or medical and surgical supplies.

(ii) Those governmental and semigovernmental offices determined by the head of the respective governments or of the respective semigovernmental agencies to be vital for public safety or welfare or for the enforcement of the provisions of this article.

(iii) Those engaged in rendering medical or surgical services.

(3) The cessation of operations of motor vehicles, except in emergencies, when approved by police officials.

(b) Requirements for specific sources. In addition to taking the actions listed in subsection (a), thermal electric generating facilities shall undergo a maximum reduction of power supplies to users outside the emergency area.

The provisions of this § 137.14 adopted January 27, 1972, effective January 28, 1972, 2 Pa.B. 383.

This section cited in 25 Pa. Code § 137.4 (relating to standby plans); and 25 Pa. Code § 137.5 (relating to implementation of emission reduction procedures).

History

• Source: The provisions of this Chapter 137 adopted January 27, 1972, effective January 28, 1972, 2 Pa.

Chapter 141 Variances and Alternate Standards

25 Pa. Code § 141.1 Imposing of alternate standards.

The Department may by order impose standards more stringent than those set forth in this article for a source or class of sources, upon the petition of a person or upon its own motion, if one of the following applies:

(1) An alternate standard is reasonably related to the attainment of an ambient air quality standard contained in this article within the time limits required by the Clean Air Act (42 U.S.C.A. § § 7401—7642) for the attainment of the ambient air standard, or is reasonably related to the maintenance of the ambient air standard.

(2) An alternate standard is necessary to protect the public health, safety or welfare.

(3) An alternate standard is required by 40 CFR 51.118(a) (relating to stack height provisions).

The provisions of this § 141.1 adopted March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended May 13, 1988, effective May 14, 1988, 18 Pa.B. 2204. Immediately preceding text appears at serial pages (84600) and (99187).

This section cited in 25 Pa. Code § 264.343 (relating to performance standards).

History

• Source: The provisions of this Chapter 141 adopted March 3, 1972, effective March 20, 1972, 2 Pa.

Chapter 143 Disbursements from the Clean Air Fund

25 Pa. Code § 143.1 General.

(a) Monies paid into the Clean Air Fund may be disbursed at the discretion of the Secretary for use in the elimination of air pollution. The monies will be available for use of the Department in addition to funds otherwise available to it.

(b) For the purpose of this chapter, the full and normal range of activities of the Department shall be considered to contribute to the elimination of air pollution under subsection (a). Disbursement of Clean Air Fund monies may therefore be made for, but may not be limited to, the following purposes:

(1) Purchase and operation of equipment for the purpose of air monitoring and for the purpose of collecting and analyzing data on air quality and air contaminant emissions.

(2) Purchase and operation of other equipment for the purpose of laboratory analyses of air pollutants, field studies of air pollutants or their effects, enforcement of air pollution control regulations, and office and administrative support.

(3) Purchase of contractual services and consultation from firms or individuals with air pollution or other relevant expertise.

(4) Purchase of materials or services and travel necessary for personnel training and for provision of information and educational materials on air pollution to schools, colleges, institutions and citizens.

(5) Extraordinary costs of litigation arising out of the enforcement of the air pollution laws of the Commonwealth such as the printing of briefs and records.

(6) Payment, in whole or in part, of the costs of a public project necessary to abate air pollution whether or not the exclusive purpose of that project is the abatement of air pollution. For projects where multiple purposes will be served, monies from the Clean Air Fund may be used to cover that proportion of the total expense that is estimated to be attributable to abate the air pollution portion of the project.

The provisions of this § 143.1 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130; amended August 31, 1979, effective September 30, 1979, 9 Pa.B. 2933. Immediately preceding text appears at serial pages (17031) and (17032).

History

• Authority: The provisions of this Chapter 143 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 143 adopted January 25, 1974, effective February 11, 1974, 4 Pa.

25 Pa. Code § 143.2 Authorization for disbursement.

The Secretary will authorize the use of monies disbursed from the Clean Air Fund, consistent with the Department’s established policies and procedures. The Secretary may authorize, in writing, the Director of the Bureau of Air Quality to make certain disbursements from the fund.

The provisions of this § 143.2 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130; amended August 31, 1979, effective September 30, 1979, 9 Pa.B. 2933. Immediately preceding text appears at serial page (17032).

History

• Authority: The provisions of this Chapter 143 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 143 adopted January 25, 1974, effective February 11, 1974, 4 Pa.

25 Pa. Code § 143.3 Report.

Semiannual reports shall be filed with the Environmental Quality Board for the periods from January through June and July through December of each fiscal year summarizing the status and use of Clean Air Fund monies.

The provisions of this § 143.3 adopted January 25, 1974, effective February 11, 1974, 4 Pa.B. 130.

History

• Authority: The provisions of this Chapter 143 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 143 adopted January 25, 1974, effective February 11, 1974, 4 Pa.

Subpart D Environmental Health and Safety

Chapter 171 Schools

25 Pa. Code § 171.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Approved—Procedures, construction and products acceptable to the Department. Garbage—All putrescible wastes, except sewage and body waste, including animal and vegetable offal. Person—Any individual, partnership, corporation, association, municipality, county, authority, the Commonwealth or any other private or public entity. Refuse—All nonputrescible wastes generally regarded and classified as rubbish, trash, junk and similar designations which have been rejected by the owner or possessor as useless or worthless to him. Schools—School buildings, including grounds, where there are training facilities for teaching children, or offering instruction in any branch of knowledge, including public, private, parochial, eleemosynary, vocational or any institution intended for teaching from kindergarten to grade 12 on a classroom or organized basis. Sewage—Any substance which contains any of the waste products or excrements or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health, or to animal or aquatic life, or to the use of water for domestic water supply or for recreation. Sewerage system—Any system, whether community or individual, publicly or privately owned, for the collection and disposal of sewage or industrial wastes of a liquid nature, or both, including various devices for the treatment of sewage or industrial wastes. Source—Any well, spring, cistern, infiltration gallery, stream, reservoir, pond or lake from which, by any means, water is taken either intermittently or continuously for use by the public. Waters of this Commonwealth—All rivers, streams, creeks, rivulets, lakes, dammed water, ponds, springs and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of this Commonwealth. Water supply—A source of water, as well as any and all water treatment, storage, transmission and distribution facilities.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.2 Plan review.

Before work is begun in the construction, remodeling or alteration of a school or in the conversion of an existing establishment or facility to a school, properly prepared plans and specifications shall be submitted to and approved by the Department. The plans and specifications shall include, where applicable, data relating to the grounds, buildings, equipment, sewage disposal, water supply including plumbing, refuse disposal and any other information which may be required by the Department.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.3 Water supply.

All water used in the operation of a school shall be provided from a supply approved by the Department. Approval of a water supply shall be based upon satisfactory compliance with the construction standards for individual water supplies adopted by the Department. The water supply shall be adequate in quantity and shall meet the bacteriological and chemical water standards of the Department. Unapproved water supplies shall be made inaccessible to the public in a manner deemed satisfactory to the Department.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.4 Plumbing.

Plumbing shall be sized, installed and maintained to carry adequate quantities of water to required locations throughout the school, to prevent contamination of the water supply, to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system and so as not to create an unsanitary condition or nuisance.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.5 Sewage disposal.

All sewage disposal systems serving a school shall be approved by the Department. Approval of the sewage disposal system shall be based upon satisfactory compliance with the standards for individual sewage disposal systems as described in Chapter 73 (relating to standards for onlot sewage treatment facilities) and The Clean Streams Law (35 P. S. § 691.1—691.1001).

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.6 Food service.

Whenever food service is provided, the food service facilities and operations shall comply with 7 Pa. Code Chapter 78 (Reserved).

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.7 Toilet facilities.

(a) Separate toilet facilities for each sex shall be provided on the premises for the students. Toilet fixtures shall be of sanitary design and readily cleanable. Toilet facilities, including rooms and fixtures, shall be kept in a clean condition and in good repair. The doors of all toilet rooms shall be self-closing, and toilet rooms shall be adequately vented to the outside. Toilet tissue shall be provided. Easily cleanable receptacles shall be provided for waste materials, and such receptacles in toilet rooms for women shall be covered.

(b) Handwashing facilities shall be located in the classroom or adjacent thereto in all grades from kindergarten through grade two, and in other rooms where the activities require frequent handwashing.

(c) Each lavatory on the premises having running water under pressure shall be supplied with hot and cold water. Where the school premises do not have running water under pressure, the pupils shall be supplied with water for handwashing purposes from a container in an approved sanitary manner. Soap and individual towels or a satisfactory equivalent shall be provided.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.8 Locker rooms.

Whenever a school is provided with a locker room and necessary appurtenances, they shall be constructed and maintained in a sanitary manner.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.9 Floors.

Floors of the school rooms shall be smooth and in good repair and shall be of such construction as to be easily cleaned. Dust-suppressing methods of floor cleaning shall be used. All floors shall be kept clean and free from litter. Each room shall have at least one metal container for paper and trash.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.10 Walls and ceilings.

Walls and ceilings shall be clean, smooth, tight and in good repair. Walls and ceilings shall have surfaces of light color and flat finish, providing adequate reflection factors.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.11 Vector control.

Adequate measures for the control of arthropods and rodents which the Department deems a public health hazard shall be taken in a manner satisfactory to the Department.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.12 Lighting.

Natural lighting, if provided, shall be uniformly distributed with a minimum of glare in classrooms. The levels of illumination within the school building shall at least meet the minimum illumination standards of the Department.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.13 Safety.

The buildings, grounds, play area equipment and appurtenances shall be constructed and maintained to minimize health and accident hazards. All space, including cellars, shall be maintained in a clean, dry condition without the presence of unnecessary material in storage.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.14 Heating and ventilation.

All rooms of the school shall be adequately and uniformly heated. In those schools where room heaters are used, they shall be located and protected to prevent direct contact by the students. All heating devices shall be adequately vented in an approved manner. In all rooms of the school, when mechanical ventilation is not provided, means shall be provided to insure adequate, natural ventilation.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.15 Garbage and refuse storage, collection and disposal.

(a) All garbage and refuse containing food wastes shall, prior to disposal, be kept in leak-proof, nonabsorbent, rust and corrosion-resistant containers of adequate number, which shall be kept covered with tight-fitting lids, when filled or stored or not in continuous use; however, other means of garbage and refuse storage may be used if approved by the Department.

(b) All other refuse shall be stored in containers, rooms or areas of sufficient number and size in a manner so as to prevent arthropod and rodent problems and other nuisances.

(c) Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after each emptying or removal of garbage and refuse. The collection of all garbage and refuse shall be conducted in a sanitary manner and as often as necessary in order to prevent a nuisance. When disposal of garbage and refuse is accomplished within or upon the premises of the school, the disposal facilities shall be operated and maintained so as not to create a nuisance or a health hazard.

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

25 Pa. Code § 171.16 Bathing places.

The construction, modification, maintenance, and operation of any bathing place in a school shall be subject to the provisions of the Public Bathing Law (35 P. S. § § 672—680d) and 28 Pa. Code Chapter 18 (relating to swimming and bathing places).

Parents of handicapped student who drowned in an unguarded pool failed to satisfy ‘‘dangerous condition of realty’’ exception to governmental immunity absent showing artificial condition or defects of land itself. Musheno v. Lock Haven University of Pennsylvania, 574 A.2d 129 (Pa. Cmwlth. 1990); appeal denied 584 A.2d 324 (Pa. 1990).

History

• Authority: The provisions of this Chapter 171 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 171 adopted September 18, 1971, effective September 19, 1971, 1 Pa.

Chapter 208 Underground Coal Mine Safety

25 Pa. Code § 208.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AED—Automated external defibrillator—A portable device that uses electric shock to restore a stable heart rhythm to an individual in cardiac arrest. Act—The Bituminous Coal Mine Safety Act (52 P.S. § § 690-101—690-708). Approval or approved—The term as defined in section 104 of the act (52 P.S. § 690-104). Barricaded—To obstruct passage of persons, vehicles or flying materials. Berm—A pile or mound of material capable of restraining a vehicle. Certified or registered—A person certified or registered by the state in which the coal mine is located to perform duties prescribed by 30 CFR Part 77 (relating to mandatory safety standards, surface coal mines and surface work areas of underground coal mines), except that, in a state where a program of certification or registration is not provided or when the program does not meet at least minimum Federal standards established by the Secretary of the United States Department of Labor, the certification or registration shall be by the Secretary of the United States Department of Labor. Crosscut—A passageway driven between the entry and its parallel air course or air courses for ventilation purposes. Flash point—The minimum temperature at which sufficient vapor is released by a liquid or solid to form a flammable vapor-air mixture at atmospheric pressure. Inby—In the direction of the working face. MSHA—The term as defined in section 104 of the act. Miner—The term as defined in section 104 of the act. NIOSH—The term as defined in section 104 of the act. Operator—The term as defined in section 104 of the act. Overpressure—The pressure over the background atmospheric pressure that could result from an explosion, which includes the impact of the pressure wave on an object. psi—Pounds per square inch. Qualified person—The term means either of the following as determined by the context of the regulation:

(i) An individual deemed qualified by the Secretary of the United States Department of Labor and designated by the operator to make tests and examinations required under 30 CFR Part 77.

(ii) An individual deemed, in accordance with the minimum requirements to be established by the Secretary of the United States Department of Labor, qualified by training, education and experience to perform electrical work, to maintain electrical equipment, and to conduct examinations and make tests of all electrical equipment. Representative of the miners—The term as defined in section 104 of the act. Roll protection—A framework, safety canopy or similar protection for the operator when equipment overturns. SCSR—Self-contained self-rescue device—A type of closed-circuit, self-contained breathing apparatus approved by MSHA and NIOSH under 42 CFR Part 84 (relating to approval of respiratory protective devices) for escape only from underground mines. Safety can—An approved container, of not over 5 gallons capacity, having a spring-closing lid and spout cover. Trailing cable—The cable connecting portable and mobile equipment to a power source. A cable is not considered a trailing cable if it connects to equipment which is installed in a stationary location and is permanently wired. Underground bituminous coal mine or mine—The term as defined in section 104 of the act. Working face—Any place in a mine where coal is extracted during a mining cycle. Working section—The area in a mine from the face extending back 1,000 feet.

The provisions of this § 208.1 amended under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.1 amended December 7, 2012, effective March 1, 2013, 42 Pa.B. 7414; amended December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139; amended January 12, 2018, effective January 13, 2018, 48 Pa.B. 251. Immediately preceding text appears at serial pages (379640) to (379641).

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.2 Scope.

The safety standards and procedures in this chapter apply to all underground bituminous coal mines, operators and miners subject to the act.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.3 Access to material.

Upon request from the Department, or as required under this chapter, an operator shall submit to the Department a copy of any application, report, plan or other material submitted to MSHA pursuant to a regulation adopted by reference in this chapter. Upon request from the authorized representative of the miners, the Department will provide to the representative of the miners copies of an application, report, plan or other material submitted by an operator to MSHA pursuant to a regulation adopted by reference in this chapter.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.11 Seals.

(a) Seal installation. The provisions of 30 CFR 75.335(c)(relating to seal strengths, design applications, and installation) are incorporated by reference.

(b) Seal Strength greater than 120 psi. The provisions of 30 CFR 75.335(a)(3) shall be used for determining when the strength of a seal shall exceed 120 psi.

(c) Seal installation approval. The operator shall submit an application to install the MSHA-approved seal design to the Department for its review and approval concerning seal installation. An approved application to install the seal shall be made part of the abandoned area ventilation plan required under section 235 of the act (52 P. S. § 690-235) regarding unused and abandoned parts of mines and follow 30 CFR 75.335(c).

(1) The operator shall provide the representative of the miners, if applicable, the approved seal design installation application at the same time the operator submits the application to the Department.

(2) Any individual installing the seal shall do so in accordance with the approved abandoned area ventilation plan.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.12 Sampling and monitoring requirements.

The provisions of 30 CFR 75.336 (relating to sampling and monitoring requirements) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.13 Construction and repair of seals.

(a) General. The provisions of 30 CFR 75.337 (relating to construction and repair of seals) are incorporated by reference.

(b) Welding, cutting and soldering. The operator shall submit to the Department and the representative of the miners the same information submitted to MSHA under 30 CFR 75.337(f). Any welding, cutting or soldering within 150 feet of a seal shall be performed in accordance with the MSHA approval.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.14 Training.

The provisions of 30 CFR 75.338 (relating to training) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.15 Seals records.

(a) General. The provisions of 30 CFR 75.339 (relating to seals records) are incorporated by reference.

(b) Access to records. Upon request from the Department, or from the authorized representative of the miners, mine operators shall provide access to any record required by this section.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.21 Escapeways.

(a) Bituminous and lignite mines. The provisions of 30 CFR 75.380 (relating to escapeways; bituminous and lignite mines) are incorporated by reference except that the language in 30 CFR 75.380(c) allowing the two escapeways to end in one multiple compartment shaft or slope separated by walls is not incorporated by reference.

(b) Mechanical and escape facilities. The provisions of 30 CFR 75.382 (relating to mechanical escape facilities) are incorporated by reference.

(c) Longwall and shortwall travelways. The provisions of 30 CFR 75.384 (relating to longwall and shortwall travelways) are incorporated by reference. If a roof fall or other blockage occurs that prevents travel in the travelway, the mine operator shall notify the Department.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.31 Approval of conveyor belts.

The provisions of 30 CFR 75.1108(b) and (c) (relating to approved conveyor belts) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.32 Maintenance of belt conveyors and belt conveyor entries.

(a) Maintenance standards. The provisions of 30 CFR 75.1731 (relating to maintenance of belt conveyors and belt conveyor entries) are incorporated by reference.

(b) Inspections. Individuals conducting inspections of belt conveyors required under sections 218 and 218.1 of the act (52 P. S. § § 690-218 and 690-218.1) regarding preshift examination at fixed intervals and supplemental inspection shall address compliance with this section’s maintenance requirements.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.41 Emergency evacuation.

(a) Emergency evacuation. The provisions of 30 CFR 75.1501 (relating to emergency evacuations) are incorporated by reference.

(b) Individual located on the surface. An individual designated by the mine operator who is adequately trained and is capable of initiating the emergency response plan shall be located on the surface in the event the designated responsible person is not available.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.42 Emergency evacuation and firefighting program of instruction.

The provisions of 30 CFR 75.1502 (relating to mine emergency evacuation and firefighting program of instruction) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.43 Use of fire suppression equipment.

The provisions of 30 CFR 75.1503 (relating to use of fire suppression equipment) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.44 Mine emergency evacuation training and drills.

The provisions of 30 CFR 75.1504 (relating to mine emergency evacuation training and drills) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.45 Escapeway maps.

The provisions of 30 CFR 75.1505 (relating to escapeway maps) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.46 Refuge alternatives.

The provisions of 30 CFR 75.1506 (relating to refuge alternatives) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.47 Emergency response plan; refuge alternatives.

The provisions of 30 CFR 75.1507 (relating to Emergency Response Plan; refuge alternatives) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.48 Training and records for examination, maintenance and repair of refuge alternatives and components.

The provisions of 30 CFR 75.1508 (relating to training and records for examination, maintenance and repair of refuge alternatives and components) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.51 Communications facilities for refuge alternatives.

The provisions of 30 CFR 75.1600-3 (relating to communications facilities; refuge alternatives) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.61 Availability of approved self-contained self-rescue devices; instruction in use and location.

The provisions of 30 CFR 75.1714 (relating to availability of approved self-rescue devices; instruction in use and location) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.62 Approved self-contained self-rescue devices.

The provisions of 30 CFR 75.1714-1 (relating to approved self-rescue devices) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.63 Self-contained self-rescue devices; use and location requirements.

The provisions of 30 CFR 75.1714-2 (relating to self-rescue devices; use and location requirements) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.64 Self-contained self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping.

The provisions of 30 CFR 75.1714-3 (relating to self-rescue devices; inspection, testing, maintenance, repair, and recordkeeping) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.65 Additional self-contained self-rescue devices.

The provisions of 30 CFR 75.1714-4 (relating to additional self-contained self-rescuers (SCSRs)) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.66 Map locations.

The provisions of 30 CFR 75.1714-5 (relating to map locations of self-contained self-rescuers (SCSR)) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.67 Emergency tethers.

The provisions of 30 CFR 75.1714-6 (relating to emergency tethers) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.68 Multi-gas detectors.

The provisions of 30 CFR 75.1714-7 (relating to multi-gas detectors) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.69 Reporting SCSR inventory, malfunctions and retention.

The provisions of 30 CFR 75.1714-8 (relating to reporting SCSR inventory and malfunctions; retention of SCSRs) are incorporated by reference.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.70 Automated external defibrillators.

(a) Location. A mine operator, in consultation with emergency medical technicians, shall provide for use in an emergency one AED at the following locations:

(1) At a location on the surface in close proximity to the mine entry at the same location where the first aid equipment is stored.

(2) At a point in each working section not more than 1,000 feet outby the active working face or faces at the same location where the first aid equipment is stored.

(b) Training.

(1) Emergency medical technicians and emergency medical technician paramedics at the mine shall complete training in the use of an AED. The mine operator may include the required AED training in its continuing education plan for emergency medical personnel. Training in the use of the AED for emergency medical technicians and emergency medical technician paramedics shall be provided in accordance with the standards of the American Heart Association, the American National Red Cross or through an equivalent course of instruction approved by the Department of Health.

(2) Mine personnel, other than emergency medical technicians and emergency medical technician paramedics, shall receive yearly training in the operation of the AED. Training may be provided as part of the annual refresher training provided under 30 CFR 48.8(c) (relating to annual refresher training of miners; minimum courses of instruction; hours of instruction).

(c) Maintenance and inspection. AEDs shall be maintained and inspected according to manufacturer’s operational guidelines.

(d) Good Samaritans. Section 8331.2 of 42 Pa.C.S. (relating to Good Samaritan civil immunity for use of automated external defibrillator) applies to miners who render care with an AED.

The provisions of this § 208.70 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.70 adopted December 7, 2012, effective March 1, 2013, 42 Pa.B. 7414.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.71 Maintenance of incombustible content of rock dust.

(a) Where rock dust is required to be applied, it shall be distributed upon the top, floor and sides of the underground areas of a coal mine and maintained in quantities so that the incombustible content of the combined coal dust, rock dust and other dust is not less than 80%.

(b) Where methane is present in a ventilating current, the percent of incombustible content of the combined dust as required under subsection (a) shall be increased 0.4% for each 0.1% of methane.

(c) Moisture in the combined coal dust, rock dust and other dusts shall be considered as a part of the incombustible content of the mixture.

The provisions of this § 208.71 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.71 adopted December 13, 2013, effective December 14, 2013, 43 Pa.B. 7275.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.81 Scope.

The provisions of 30 CFR 75.823 (relating to scope) are incorporated by reference.

The provisions of this § 208.81 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.81 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.82 Electrical protection.

The provisions of 30 CFR 75.824 (relating to electrical protection) are incorporated by reference.

The provisions of this § 208.82 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.82 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.83 Power centers.

The provisions of 30 CFR 75.825 (relating to power centers) are incorporated by reference.

The provisions of this § 208.83 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.83 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.84 High-voltage trailing cables.

The provisions of 30 CFR 75.826 (relating to high-voltage trailing cables) are incorporated by reference.

The provisions of this § 208.84 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.84 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.85 Guarding of trailing cables.

The provisions of 30 CFR 75.827 (relating to guarding of trailing cables) are incorporated by reference.

The provisions of this § 208.85 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.85 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.86 Trailing cable pulling.

The provisions of 30 CFR 75.828 (relating to trailing cable pulling) are incorporated by reference.

The provisions of this § 208.86 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.86 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.87 Tramming continuous mining machines in and out of the mine and from section to section.

The provisions of 30 CFR 75.829 (relating to tramming continuous mining machines in and out of the mine and from section to section) are incorporated by reference.

The provisions of this § 208.87 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.87 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.88 Splicing and repair of trailing cables.

(a) Incorporation by reference. The provisions of 30 CFR 75.830(a) (relating to splicing and repair of trailing cables) are incorporated by reference.

(b) Splicing limitations.

(1) Splicing of the high-voltage trailing cable within 50 feet of the continuous mining machine is prohibited.

(2) The provisions of 30 CFR 75.830(b)(2) are incorporated by reference.

The provisions of this § 208.88 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.88 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.89 Electrical work; troubleshooting and testing.

The provisions of 30 CFR 75.831 (relating to electrical work; troubleshooting and testing) are incorporated by reference.

The provisions of this § 208.89 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.89 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.90 Frequency of examinations; recordkeeping.

The provisions of 30 CFR 75.832 (relating to frequency of examinations; recordkeeping) are incorporated by reference.

The provisions of this § 208.90 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.90 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.91 Handling high-voltage trailing cables.

The provisions of 30 CFR 75.833 (relating to handling high-voltage trailing cables) are incorporated by reference.

The provisions of this § 208.91 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.91 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.92 Training.

The provisions of 30 CFR 75.834 (relating to training) are incorporated by reference.

The provisions of this § 208.92 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.92 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.93 Installation of electric equipment and conductors; permissibility.

The provisions of 30 CFR 75.1002 (relating to installation of electric equipment and conductors; permissibility) are incorporated by reference.

The provisions of this § 208.93 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.93 adopted June 27, 2014, effective June 28, 2014, 44 Pa.B. 3962.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.101 Certified person.

The provisions of 30 CFR 77.100 (relating to certified person) are incorporated by reference.

The provisions of this § 208.101 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.101 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.102 Tests for methane and for oxygen deficiency; qualified person.

The provisions of 30 CFR 77.101 (relating to tests for methane and for oxygen deficiency; qualified person) are incorporated by reference.

The provisions of this § 208.102 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.102 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.103 Tests for methane; oxygen deficiency; qualified person, additional requirement.

The provisions of 30 CFR 77.102 (relating to tests for methane; oxygen deficiency; qualified person, additional requirement) are incorporated by reference.

The provisions of this § 208.103 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.103 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.104 Electrical work; qualified person.

The provisions of 30 CFR 77.103 (relating to electrical work; qualified person) are incorporated by reference.

The provisions of this § 208.104 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.104 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.105 Repair of energized surface high-voltage lines; qualified person.

The provisions of 30 CFR 77.104 (relating to repair of energized surface high-voltage lines; qualified person) are incorporated by reference.

The provisions of this § 208.105 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.105 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.106 Qualified hoistman; slope or shaft sinking operation; qualifications.

The provisions of 30 CFR 77.105 (relating to qualified hoistman; slope or shaft sinking operation; qualifications) are incorporated by reference.

The provisions of this § 208.106 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.106 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.107 Records of certified and qualified persons.

The provisions of 30 CFR 77.106 (relating to records of certified and qualified persons) are incorporated by reference.

The provisions of this § 208.107 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.107 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.108 Training programs.

The provisions of 30 CFR 77.107 (relating to training programs) are incorporated by reference.

The provisions of this § 208.108 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.108 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.111 Surface installations; general.

The provisions of 30 CFR 77.200 (relating to surface installations; general) are incorporated by reference.

The provisions of this § 208.111 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.111 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.112 Methane content in surface installations.

The provisions of 30 CFR 77.201 (relating to methane content in surface installations) are incorporated by reference.

The provisions of this § 208.112 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.112 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.113 Tests for methane; qualified person; use of approved device.

The provisions of 30 CFR 77.201-1 (relating to tests for methane; qualified person; use of approved device) are incorporated by reference.

The provisions of this § 208.113 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.113 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.114 Methane accumulations; change in ventilation.

The provisions of 30 CFR 77.201-2 (relating to methane accumulations; change in ventilation) are incorporated by reference.

The provisions of this § 208.114 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.114 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.115 Dust accumulations in surface installations.

The provisions of 30 CFR 77.202 (relating to dust accumulations in surface installations) are incorporated by reference.

The provisions of this § 208.115 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.115 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.116 Use of material or equipment overhead; safeguards.

The provisions of 30 CFR 77.203 (relating to use of material or equipment overhead; safeguards) are incorporated by reference.

The provisions of this § 208.116 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.116 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.117 Openings in surface installations; safeguards.

The provisions of 30 CFR 77.204 (relating to openings in surface installations; safeguards) are incorporated by reference.

The provisions of this § 208.117 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.117 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.118 Travelways at surface installations.

The provisions of 30 CFR 77.205 (relating to travelways at surface installations) are incorporated by reference.

The provisions of this § 208.118 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.118 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.119 Ladders; construction; installation and maintenance.

The provisions of 30 CFR 77.206 (relating to ladders; construction; installation and maintenance) are incorporated by reference.

The provisions of this § 208.119 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.119 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.120 Illumination.

The provisions of 30 CFR 77.207 (relating to illumination) are incorporated by reference.

The provisions of this § 208.120 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.120 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.121 Storage of materials.

The provisions of 30 CFR 77.208 (relating to storage of materials) are incorporated by reference.

The provisions of this § 208.121 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.121 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.122 Surge and storage piles.

The provisions of 30 CFR 77.209 (relating to surge and storage piles) are incorporated by reference.

The provisions of this § 208.122 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.122 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.123 Hoisting of materials.

The provisions of 30 CFR 77.210 (relating to hoisting of materials) are incorporated by reference.

The provisions of this § 208.123 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.123 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.124 Draw-off tunnels; stockpiling and reclaiming operations; general.

The provisions of 30 CFR 77.211 (relating to draw-off tunnels; stockpiling and reclaiming operations; general) are incorporated by reference.

The provisions of this § 208.124 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.124 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.125 Continuous methane monitoring device; installation and operation; automatic deenergization of electric equipment.

The provisions of 30 CFR 77.211-1 (relating to continuous methane monitoring device; installation and operation; automatic deenergization of electric equipment) are incorporated by reference.

The provisions of this § 208.125 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.125 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.126 Draw-off tunnel ventilation fans; installation.

The provisions of 30 CFR 77.212 (relating to draw-off tunnel ventilation fans; installation) are incorporated by reference.

The provisions of this § 208.126 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.126 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.127 Draw-off tunnel escapeways.

The provisions of 30 CFR 77.213 (relating to draw-off tunnel escapeways) are incorporated by reference.

The provisions of this § 208.127 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.127 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.131 Thermal dryers; general.

The provisions of 30 CFR 77.300 (relating to thermal dryers; general) are incorporated by reference.

The provisions of this § 208.131 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.131 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.132 Dryer heating units; operation.

The provisions of 30 CFR 77.301 (relating to dryer heating units; operation) are incorporated by reference.

The provisions of this § 208.132 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.132 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.133 Bypass stacks.

The provisions of 30 CFR 77.302 (relating to bypass stacks) are incorporated by reference.

The provisions of this § 208.133 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.133 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.134 Hot gas inlet chamber dropout doors.

The provisions of 30 CFR 77.303 (relating to hot gas inlet chamber dropout doors) are incorporated by reference.

The provisions of this § 208.134 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.134 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.135 Explosion release vents.

The provisions of 30 CFR 77.304 (relating to explosion release vents) are incorporated by reference.

The provisions of this § 208.135 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.135 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.136 Access to drying chambers, hot gas inlet chambers and duct-work; installation and maintenance.

The provisions of 30 CFR 77.305 (relating to access to drying chambers, hot gas inlet chambers and ductwork; installation and maintenance) are incorporated by reference.

The provisions of this § 208.136 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.136 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.137 Fire protection.

The provisions of 30 CFR 77.306 (relating to fire protection) are incorporated by reference.

The provisions of this § 208.137 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.137 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.138 Thermal dryers; location and installation; general.

The provisions of 30 CFR 77.307 (relating to thermal dryers; location and installation; general) are incorporated by reference.

The provisions of this § 208.138 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.138 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.139 Structures housing other facilities; use of partitions.

The provisions of 30 CFR 77.308 (relating to structures housing other facilities; use of partitions) are incorporated by reference.

The provisions of this § 208.139 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.139 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.140 Visual check of system equipment.

The provisions of 30 CFR 77.309 (relating to visual check of system equipment) are incorporated by reference.

The provisions of this § 208.140 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.140 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.141 Control stations; location.

The provisions of 30 CFR 77.309-1 (relating to control stations; location) are incorporated by reference.

The provisions of this § 208.141 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.141 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.142 Control panels.

The provisions of 30 CFR 77.310 (relating to control panels) are incorporated by reference.

The provisions of this § 208.142 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.142 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.143 Alarm devices.

The provisions of 30 CFR 77.311 (relating to alarm devices) are incorporated by reference.

The provisions of this § 208.143 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.143 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.144 Fail safe monitoring systems.

The provisions of 30 CFR 77.312 (relating to fail safe monitoring systems) are incorporated by reference.

The provisions of this § 208.144 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.144 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.145 Wet-coal feed bins; low-level indicators.

The provisions of 30 CFR 77.313 (relating to wet-coal feedbins; low-level indicators) are incorporated by reference.

The provisions of this § 208.145 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.145 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.146 Automatic temperature control instruments.

The provisions of 30 CFR 77.314 (relating to automatic temperature control instruments) are incorporated by reference.

The provisions of this § 208.146 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.146 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.147 Thermal dryers; examination and inspection.

The provisions of 30 CFR 77.315 (relating to thermal dryers; examination and inspection) are incorporated by reference.

The provisions of this § 208.147 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.147 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.151 Mechanical equipment guards.

The provisions of 30 CFR 77.400 (relating to mechanical equipment guards) are incorporated by reference.

The provisions of this § 208.151 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.151 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.152 Stationary grinding machines; protective devices.

The provisions of 30 CFR 77.401 (relating to stationary grinding machines; protective devices) are incorporated by reference.

The provisions of this § 208.152 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.152 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.153 Hand-held power tools; safety devices.

The provisions of 30 CFR 77.402 (relating to hand-held power tools; safety devices) are incorporated by reference.

The provisions of this § 208.153 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.153 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.154 Mobile equipment; falling object protective structures.

The provisions of 30 CFR 77.403 (relating to mobile equipment; falling object protective structures (FOPS)) are incorporated by reference.

The provisions of this § 208.154 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.154 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.155 Mobile equipment; rollover protective structures.

All rubber-tired or crawler-mounted self-propelled scrapers front-end loaders, dozers, cranes, loaders and tractors, with or without attachments, at the surface work areas of underground coal mines shall be provided with rollover protective structures, in accordance with the certification requirements approved by MSHA.

The provisions of this § 208.155 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.155 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.156 Seat belts.

The provisions of 30 CFR 77.403-1(g) (relating to mobile equipment; rollover protective structures (ROPS)) are incorporated by reference.

The provisions of this § 208.156 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.156 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.157 Machinery and equipment; operation and maintenance.

The provisions of 30 CFR 77.404 (relating to machinery and equipment; operation and maintenance) are incorporated by reference.

The provisions of this § 208.157 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.157 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.158 Performing work from a raised position; safeguards.

The provisions of 30 CFR 77.405 (relating to performing work from a raised position; safeguards) are incorporated by reference.

The provisions of this § 208.158 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.158 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.159 Drive belts.

The provisions of 30 CFR 77.406 (relating to drive belts) are incorporated by reference.

The provisions of this § 208.159 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.159 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.160 Power-driven pulleys.

The provisions of 30 CFR 77.407 (relating to power-driven pulleys) are incorporated by reference.

The provisions of this § 208.160 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.160 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.161 Welding operations.

The provisions of 30 CFR 77.408 (relating to welding operations) are incorporated by reference.

The provisions of this § 208.161 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.161 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.162 Shovels, draglines and tractors.

The provisions of 30 CFR 77.409 (relating to shovels, draglines, and tractors) are incorporated by reference.

The provisions of this § 208.162 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.162 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.163 Mobile equipment; automatic warning devices.

The provisions of 30 CFR 77.410 (relating to mobile equipment; automatic warning devices) are incorporated by reference.

The provisions of this § 208.163 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.163 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.164 Compressed air and boilers; general.

The provisions of 30 CFR 77.411 (relating to compressed air and boilers; general) are incorporated by reference.

The provisions of this § 208.164 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.164 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.165 Compressed air systems.

The provisions of 30 CFR 77.412 (relating to compressed air systems) are incorporated by reference.

The provisions of this § 208.165 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.165 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.166 Boilers.

The provisions of 30 CFR 77.413 (relating to boilers) are incorporated by reference.

The provisions of this § 208.166 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.166 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.171 Electric power circuits and electric equipment; de-energization.

The provisions of 30 CFR 77.500 (relating to electric power circuits and electric equipment; deenergization) are incorporated by reference.

The provisions of this § 208.171 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.171 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.172 Electric distribution circuits and equipment; repair.

The provisions of 30 CFR 77.501 (relating to electric distribution circuits and equipment; repair) are incorporated by reference.

The provisions of this § 208.172 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.172 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.173 Qualified person.

The provisions of 30 CFR 77.501-1 (relating to qualified person) are incorporated by reference.

The provisions of this § 208.173 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.173 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.174 Electric equipment; examination, testing and maintenance.

The provisions of 30 CFR 77.502 (relating to electric equipment; examination, testing, and maintenance) are incorporated by reference.

The provisions of this § 208.174 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.174 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.175 Qualified person.

The provisions of 30 CFR 77.502-1 (relating to qualified person) are incorporated by reference.

The provisions of this § 208.175 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.175 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.176 Electric equipment; frequency of examination and testing.

The provisions of 30 CFR 77.502-2 (relating to electric equipment; frequency of examination and testing) are incorporated by reference.

The provisions of this § 208.176 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.176 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.177 Electric conductors; capacity and insulation.

The provisions of 30 CFR 77.503 (relating to electric conductors; capacity and insulation) are incorporated by reference.

The provisions of this § 208.177 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.177 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.178 Electric conductors.

The provisions of 30 CFR 77.503-1 (relating to electric conductors) are incorporated by reference.

The provisions of this § 208.178 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.178 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.179 Electrical connections or splices; suitability.

The provisions of 30 CFR 77.504 (relating to electrical connections or splices; suitability) are incorporated by reference.

The provisions of this § 208.179 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.179 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.180 Cable fittings; suitability.

The provisions of 30 CFR 77.505 (relating to cable fittings; suitability) are incorporated by reference.

The provisions of this § 208.180 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.180 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.181 Electric equipment and circuits; overload and short-circuit protection.

The provisions of 30 CFR 77.506 (relating to electric equipment and circuits; overload and short-circuit protection) are incorporated by reference.

The provisions of this § 208.181 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.181 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.182 Electric equipment and circuits; overload and short-circuit protection; minimum requirements.

The provisions of 30 CFR 77.506-1 (relating to electric equipment and circuits; overload and short circuit protection; minimum requirements) are incorporated by reference.

The provisions of this § 208.182 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.182 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.183 Electric equipment; switches.

The provisions of 30 CFR 77.507 (relating to electric equipment; switches) are incorporated by reference.

The provisions of this § 208.183 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.183 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.184 Lightning arresters; ungrounded and exposed power conductors and telephone wires.

The provisions of 30 CFR 77.508 (relating to lightning arresters, ungrounded and exposed power conductors and telephone wires) are incorporated by reference.

The provisions of this § 208.184 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.184 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.185 Lightning arresters; wires entering buildings.

The provisions of 30 CFR 77.508-1 (relating to lightning arresters; wires entering buildings) are incorporated by reference.

The provisions of this § 208.185 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.185 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.186 Transformers; installation and guarding.

The provisions of 30 CFR 77.509 (relating to transformers; installation and guarding) are incorporated by reference.

The provisions of this § 208.186 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.186 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.187 Resistors; location and guarding.

The provisions of 30 CFR 77.510 (relating to resistors; location and guarding) are incorporated by reference.

The provisions of this § 208.187 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.187 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.188 Danger signs at electrical installations.

The provisions of 30 CFR 77.511 (relating to danger signs at electrical installations) are incorporated by reference.

The provisions of this § 208.188 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.188 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.189 Inspection and cover plates.

The provisions of 30 CFR 77.512 (relating to inspection and cover plates) are incorporated by reference.

The provisions of this § 208.189 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.189 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.190 Insulating mats at power switches.

The provisions of 30 CFR 77.513 (relating to insulating mats at power switches) are incorporated by reference.

The provisions of this § 208.190 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.190 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.191 Switchboards; passageways and clearance.

The provisions of 30 CFR 77.514 (relating to switchboards; passageways and clearance) are incorporated by reference.

The provisions of this § 208.191 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.191 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.192 Bare signal or control wires; voltage.

The provisions of 30 CFR 77.515 (relating to bare signal or control wires; voltage) are incorporated by reference.

The provisions of this § 208.192 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.192 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.193 Electric wiring and equipment; installation and maintenance.

The provisions of 30 CFR 77.516 (relating to electric wiring and equipment; installation and maintenance) are incorporated by reference.

The provisions of this § 208.193 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.193 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.201 Trailing cables; short-circuit protection; disconnecting devices.

The provisions of 30 CFR 77.600 (relating to trailing cables; short-circuit protection; disconnecting devices) are incorporated by reference.

The provisions of this § 208.201 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.201 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.202 Trailing cables or portable cables; temporary splices.

The provisions of 30 CFR 77.601 (relating to trailing cables or portable cables; temporary splices) are incorporated by reference.

The provisions of this § 208.202 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.202 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.203 Permanent splicing of trailing cables.

The provisions of 30 CFR 77.602 (relating to permanent splicing of trailing cables) are incorporated by reference.

The provisions of this § 208.203 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.203 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.204 Clamping of trailing cables to equipment.

The provisions of 30 CFR 77.603 (relating to clamping of trailing cables to equipment) are incorporated by reference.

The provisions of this § 208.204 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.204 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.205 Protection of trailing cables.

The provisions of 30 CFR 77.604 (relating to protection of trailing cables) are incorporated by reference.

The provisions of this § 208.205 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.205 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.206 Breaking trailing cable and power cable connections.

The provisions of 30 CFR 77.605 (relating to breaking trailing cable and power cable connections) are incorporated by reference.

The provisions of this § 208.206 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.206 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.207 Energized trailing cables; handling.

The provisions of 30 CFR 77.606 (relating to energized trailing cables; handling) are incorporated by reference.

The provisions of this § 208.207 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.207 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.208 Rubber gloves; minimum requirements.

The provisions of 30 CFR 77.606-1 (relating to rubber gloves; minimum requirements) are incorporated by reference.

The provisions of this § 208.208 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.208 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.211 Grounding metallic sheaths, armors and conduits enclosing power conductors.

The provisions of 30 CFR 77.700 (relating to grounding metallic sheaths, armors, and conduits enclosing power conductors) are incorporated by reference.

The provisions of this § 208.211 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.211 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.212 Approved methods of grounding.

The provisions of 30 CFR 77.700-1 (relating to approved methods of grounding) are incorporated by reference.

The provisions of this § 208.212 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.212 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.213 Grounding metallic frames, casings and other enclosures of electric equipment.

The provisions of 30 CFR 77.701 (relating to grounding metallic frames, casings, and other enclosures of electric equipment) are incorporated by reference.

The provisions of this § 208.213 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.213 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.214 Approved methods of grounding of equipment receiving power from unground-ed alternating current power systems.

The provisions of 30 CFR 77.701-1 (relating to approved methods of grounding of equipment receiving power from ungrounded alternating current power systems) are incorporated by reference.

The provisions of this § 208.214 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.214 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.215 Approved methods of grounding metallic frames, casings and other enclosures of electric equipment receiving power from a direct-current power system.

The provisions of 30 CFR 77.701-2 (relating to approved methods of grounding metallic frames, casings, and other enclosures of electric equipment receiving power from a direct-current power system) are incorporated by reference.

The provisions of this § 208.215 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.215 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.216 Grounding wires; capacity.

The provisions of 30 CFR 77.701-3 (relating to grounding wires; capacity) are incorporated by reference.

The provisions of this § 208.216 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.216 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.217 Use of grounding connectors.

The provisions of 30 CFR 77.701-4 (relating to use of grounding connectors) are incorporated by reference.

The provisions of this § 208.217 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.217 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.218 Protection other than grounding.

The provisions of 30 CFR 77.702 (relating to protection other than grounding) are incorporated by reference.

The provisions of this § 208.218 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.218 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.219 Grounding frames of stationary high-voltage equipment receiving power from ungrounded delta systems.

The provisions of 30 CFR 77.703 (relating to grounding frames of stationary high-voltage equipment receiving power from ungrounded delta systems) are incorporated by reference.

The provisions of this § 208.219 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.219 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.220 Approved methods of grounding.

The provisions of 30 CFR 77.703-1 (relating to approved methods of grounding) are incorporated by reference.

The provisions of this § 208.220 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.220 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.221 Work on high-voltage lines; de-energizing and grounding.

The provisions of 30 CFR 77.704 (relating to work on high-voltage lines; deenergizing and grounding) are incorporated by reference.

The provisions of this § 208.221 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.221 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.222 Work on high-voltage lines.

The provisions of 30 CFR 77.704-1 (relating to work on high-voltage lines) are incorporated by reference.

The provisions of this § 208.222 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.222 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.223 Repairs to energized high-voltage lines.

The provisions of 30 CFR 77.704-2 (relating to repairs to energized high-voltage lines) are incorporated by reference.

The provisions of this § 208.223 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.223 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.224 Work on energized high-voltage surface lines; reporting.

The provisions of 30 CFR 77.704-3 (relating to work on energized high-voltage surface lines; reporting) are incorporated by reference.

The provisions of this § 208.224 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.224 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.225 Simultaneous repairs.

The provisions of 30 CFR 77.704-4 (relating to simultaneous repairs) are incorporated by reference.

The provisions of this § 208.225 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.225 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.226 Installation of protective equipment.

The provisions of 30 CFR 77.704-5 (relating to installation of protective equipment) are incorporated by reference.

The provisions of this § 208.226 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.226 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.227 Protective clothing; use and inspection.

The provisions of 30 CFR 77.704-6 (relating to protective clothing; use and inspection) are incorporated by reference.

The provisions of this § 208.227 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.227 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.228 Protective equipment; inspection.

The provisions of 30 CFR 77.704-7 (relating to protective equipment; inspection) are incorporated by reference.

The provisions of this § 208.228 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.228 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.229 Protective equipment; testing and storage.

The provisions of 30 CFR 77.704-8 (relating to protective equipment; testing and storage) are incorporated by reference.

The provisions of this § 208.229 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.229 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.230 Operating disconnecting or cutout switches.

The provisions of 30 CFR 77.704-9 (relating to operating disconnecting or cutout switches) are incorporated by reference.

The provisions of this § 208.230 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.230 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.231 Tying into energized high-voltage surface circuits.

The provisions of 30 CFR 77.704-10 (relating to tying into energized high-voltage surface circuits) are incorporated by reference.

The provisions of this § 208.231 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.231 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.232 Use of grounded messenger wires; ungrounded systems.

The provisions of 30 CFR 77.704-11 (relating to use of grounded messenger wires; ungrounded systems) are incorporated by reference.

The provisions of this § 208.232 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.232 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.233 Guy wires; grounding.

The provisions of 30 CFR 77.705 (relating to guy wires; grounding) are incorporated by reference.

The provisions of this § 208.233 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.233 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.241 High-voltage circuits; circuit breakers.

The provisions of 30 CFR 77.800 (relating to high-voltage circuits; circuit breakers) are incorporated by reference.

The provisions of this § 208.241 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.241 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.242 Testing, examination and maintenance of circuit breakers; procedures.

The provisions of 30 CFR 77.800-1 (relating to testing, examination, and maintenance of circuit breakers; procedures) are incorporated by reference.

The provisions of this § 208.242 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.242 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.243 Testing, examination and maintenance of circuit breakers; record.

The provisions of 30 CFR 77.800-2 (relating to testing, examination, and maintenance of circuit breakers; record) are incorporated by reference.

The provisions of this § 208.243 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.243 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.244 Grounding resistors.

The provisions of 30 CFR 77.801 (relating to grounding resistors) are incorporated by reference.

The provisions of this § 208.244 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.244 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.245 Grounding resistors; continuous current rating.

The provisions of 30 CFR 77.801-1 (relating to grounding resistors; continuous current rating) are incorporated by reference.

The provisions of this § 208.245 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.245 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.246 Protection of high-voltage circuits; neutral grounding resistors; disconnecting devices.

The provisions of 30 CFR 77.802 (relating to protection of high-voltage circuits; neutral grounding resistors; disconnecting devices) are incorporated by reference.

The provisions of this § 208.246 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.246 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.247 Fail safe ground check circuits on high-voltage resistance grounded systems.

The provisions of 30 CFR 77.803 (relating to fail safe ground check circuits on high-voltage resistance grounded systems) are incorporated by reference.

The provisions of this § 208.247 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.247 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.248 Fail safe ground check circuits; maximum voltage.

The provisions of 30 CFR 77.803-1 (relating to fail safe ground check circuits; maximum voltage) are incorporated by reference.

The provisions of this § 208.248 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.248 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.249 Ground check systems not employing pilot check wires; approval by the Secretary of the United States Department of Labor.

The provisions of 30 CFR 77.803-2 (relating to ground check systems not employing pilot check wires; approval by the Secretary) are incorporated by reference.

The provisions of this § 208.249 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.249 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.250 High-voltage trailing cables; minimum design requirements.

The provisions of 30 CFR 77.804 (relating to high-voltage trailing cables; minimum design requirements) are incorporated by reference.

The provisions of this § 208.250 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.250 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.251 Cable couplers and connection boxes; minimum design requirements.

The provisions of 30 CFR 77.805 (relating to cable couplers and connection boxes; minimum design requirements) are incorporated by reference.

The provisions of this § 208.251 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.251 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.252 Connection of single-phase loads.

The provisions of 30 CFR 77.806 (relating to connection of single-phase loads) are incorporated by reference.

The provisions of this § 208.252 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.252 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.253 Installation of high-voltage transmission cables.

The provisions of 30 CFR 77.807 (relating to installation of high-voltage transmission cables) are incorporated by reference.

The provisions of this § 208.253 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.253 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.254 High-voltage powerlines; clearances above ground.

The provisions of 30 CFR 77.807-1 (relating to high-voltage powerlines; clearances above ground) are incorporated by reference.

The provisions of this § 208.254 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.254 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.255 Booms and masts; minimum distance from high-voltage lines.

The provisions of 30 CFR 77.807-2 (relating to booms and masts; minimum distance from high-voltage lines) are incorporated by reference.

The provisions of this § 208.255 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.255 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.256 Movement of equipment; minimum distance from high-voltage lines.

The provisions of 30 CFR 77.807-3 (relating to movement of equipment; minimum distance from high-voltage lines) are incorporated by reference.

The provisions of this § 208.256 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.256 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.257 Disconnecting devices.

The provisions of 30 CFR 77.808 (relating to disconnecting devices) are incorporated by reference.

The provisions of this § 208.257 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.257 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.258 Identification of circuit breakers and disconnecting switches.

The provisions of 30 CFR 77.809 (relating to identification of circuit breakers and disconnecting switches) are incorporated by reference.

The provisions of this § 208.258 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.258 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.259 High-voltage equipment; grounding.

The provisions of 30 CFR 77.810 (relating to high-voltage equipment; grounding) are incorporated by reference.

The provisions of this § 208.259 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.259 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.260 Movement of portable substations and transformers.

The provisions of 30 CFR 77.811 (relating to movement of portable substations and transformers) are incorporated by reference.

The provisions of this § 208.260 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.260 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.271 Low-voltage and medium-voltage circuits serving portable or mobile three-phase alternating current equipment; circuit breakers.

The provisions of 30 CFR 77.900 (relating to low- and medium-voltage circuits serving portable or mobile three-phase alternating current equipment; circuit breakers) are incorporated by reference.

The provisions of this § 208.271 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.271 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.272 Testing, examination and maintenance of circuit breakers; procedures.

The provisions of 30 CFR 77.900-1 (relating to testing, examination, and maintenance of circuit breakers; procedures) are incorporated by reference.

The provisions of this § 208.272 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.272 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.273 Testing, examination and maintenance of circuit breakers; record.

The provisions of 30 CFR 77.900-2 (relating to testing, examination, and maintenance of circuit breakers; record) are incorporated by reference.

The provisions of this § 208.273 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.273 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.274 Protection of low-voltage and medium-voltage three-phase circuits.

The provisions of 30 CFR 77.901 (relating to protection of low- and medium-voltage three-phase circuits) are incorporated by reference.

The provisions of this § 208.274 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.274 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.275 Grounding resistor; continuous current rating.

The provisions of 30 CFR 77.901-1 (relating to grounding resistor; continuous current rating) are incorporated by reference.

The provisions of this § 208.275 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.275 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.276 Low-voltage and medium-voltage ground check monitor circuits.

The provisions of 30 CFR 77.902 (relating to low- and medium-voltage ground check monitor circuits) are incorporated by reference.

The provisions of this § 208.276 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.276 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.277 Fail safe ground check circuits; maximum voltage.

The provisions of 30 CFR 77.902-1 (relating to fail safe ground check circuits; maximum voltage) are incorporated by reference.

The provisions of this § 208.277 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.277 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.278 Approved ground check systems not employing pilot check wires.

The provisions of 30 CFR 77.902-2 (relating to approved ground check systems not employing pilot check wires) are incorporated by reference.

The provisions of this § 208.278 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.278 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.279 Attachment of ground conductors and ground check wires to equipment frames; use of separate connections.

The provisions of 30 CFR 77.902-3 (relating to attachment of ground conductors and ground check wires to equipment frames; use of separate connections) are incorporated by reference.

The provisions of this § 208.279 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.279 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.280 Disconnecting devices.

The provisions of 30 CFR 77.903 (relating to disconnecting devices) are incorporated by reference.

The provisions of this § 208.280 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.280 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.281 Identification of circuit breakers.

The provisions of 30 CFR 77.904 (relating to identification of circuit breakers) are incorporated by reference.

The provisions of this § 208.281 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.281 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.282 Connection of single-phase loads.

The provisions of 30 CFR 77.905 (relating to connection of single-phase loads) are incorporated by reference.

The provisions of this § 208.282 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.282 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.283 Trailing cables supplying power to low-voltage mobile equipment; ground wires and ground check wires.

The provisions of 30 CFR 77.906 (relating to trailing cables supplying power to low-voltage mobile equipment; ground wires and ground check wires) are incorporated by reference.

The provisions of this § 208.283 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.283 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.291 Highwalls, pits and spoil banks; plans.

The provisions of 30 CFR 77.1000 (relating to highwalls, pits and spoil banks; plans) are incorporated by reference.

The provisions of this § 208.291 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.291 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.292 Filing of plan.

The provisions of 30 CFR 77.1000-1 (relating to filing of plan) are incorporated by reference.

The provisions of this § 208.292 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.292 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.293 Stripping; loose material.

The provisions of 30 CFR 77.1001 (relating to stripping; loose material) are incorporated by reference.

The provisions of this § 208.293 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.293 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.294 Box cuts; spoil material placement.

The provisions of 30 CFR 77.1002 (relating to box cuts; spoil material placement) are incorporated by reference.

The provisions of this § 208.294 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.294 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.295 Benches.

The provisions of 30 CFR 77.1003 (relating to benches) are incorporated by reference.

The provisions of this § 208.295 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.295 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.296 Ground control; inspections and maintenance; general.

The provisions of 30 CFR 77.1004 (relating to ground control; inspection and maintenance; general) are incorporated by reference.

The provisions of this § 208.296 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.296 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.297 Scaling highwalls; general.

The provisions of 30 CFR 77.1005 (relating to scaling highwalls; general) are incorporated by reference.

The provisions of this § 208.297 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.297 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.298 Highwalls; men working.

The provisions of 30 CFR 77.1006 (relating to highwalls; men working) are incorporated by reference.

The provisions of this § 208.298 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.298 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.299 Drilling; general.

The provisions of 30 CFR 77.1007 (relating to drilling; general) are incorporated by reference.

The provisions of this § 208.299 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.299 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.300 Relocation of drills; safeguards.

The provisions of 30 CFR 77.1008 (relating to relocation of drills; safeguards) are incorporated by reference.

The provisions of this § 208.300 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.300 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.301 Drill; operation.

The provisions of 30 CFR 77.1009 (relating to drill; operation) are incorporated by reference.

The provisions of this § 208.301 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.301 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.302 Collaring holes.

The provisions of 30 CFR 77.1010 (relating to collaring holes) are incorporated by reference.

The provisions of this § 208.302 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.302 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.303 Drill holes; guarding.

The provisions of 30 CFR 77.1011 (relating to drill holes; guarding) are incorporated by reference.

The provisions of this § 208.303 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.303 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.304 Jackhammers; operation; safeguards.

The provisions of 30 CFR 77.1012 (relating to jackhammers; operation; safeguards) are incorporated by reference.

The provisions of this § 208.304 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.304 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.305 Air drills; safeguards.

The provisions of 30 CFR 77.1013 (relating to air drills; safeguards) are incorporated by reference.

The provisions of this § 208.305 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.305 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.311 Fire protection; training and organization.

The provisions of 30 CFR 77.1100 (relating to fire protection; training and organization) are incorporated by reference.

The provisions of this § 208.311 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.311 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.312 Escape and evacuation; plan.

The provisions of 30 CFR 77.1101 (relating to escape and evacuation; plan) are incorporated by reference.

The provisions of this § 208.312 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.312 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.313 Warning signs; smoking and open flame.

The provisions of 30 CFR 77.1102 (relating to warning signs; smoking and open flame) are incorporated by reference.

The provisions of this § 208.313 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.313 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.314 Flammable liquids; storage.

The provisions of 30 CFR 77.1103 (relating to flammable liquids; storage) are incorporated by reference.

The provisions of this § 208.314 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.314 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.315 Accumulations of combustible materials.

The provisions of 30 CFR 77.1104 (relating to accumulations of combustible materials) are incorporated by reference.

The provisions of this § 208.315 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.315 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.316 Internal combustion engines; fueling.

The provisions of 30 CFR 77.1105 (relating to internal combustion engines; fueling) are incorporated by reference.

The provisions of this § 208.316 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.316 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.317 Battery-charging stations; ventilation.

The provisions of 30 CFR 77.1106 (relating to battery-charging stations; ventilation) are incorporated by reference.

The provisions of this § 208.317 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.317 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.318 Belt conveyors.

The provisions of 30 CFR 77.1107 (relating to belt conveyors) are incorporated by reference.

The provisions of this § 208.318 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.318 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.319 Firefighting equipment; requirements; general.

The provisions of 30 CFR 77.1108 (relating to firefighting equipment; requirements; general) are incorporated by reference.

The provisions of this § 208.319 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.319 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.320 Type and capacity of firefighting equipment.

The provisions of 30 CFR 77.1108-1 (relating to type and capacity of firefighting equipment) are incorporated by reference.

The provisions of this § 208.320 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.320 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.321 Quantity and location of firefighting equipment.

The provisions of 30 CFR 77.1109 (relating to quantity and location of firefighting equipment) are incorporated by reference.

The provisions of this § 208.321 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.321 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.322 Examination and maintenance of firefighting equipment.

The provisions of 30 CFR 77.1110 (relating to examination and maintenance of firefighting equipment) are incorporated by reference.

The provisions of this § 208.322 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.322 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.323 Welding, cutting and soldering; use of fire extinguisher.

The provisions of 30 CFR 77.1111 (relating to welding, cutting, soldering; use of fire extinguisher) are incorporated by reference.

The provisions of this § 208.323 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.323 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.324 Welding, cutting or soldering with arc or flame; safeguards.

The provisions of 30 CFR 77.1112 (relating to welding, cutting, soldering with arc or flame; safeguards) are incorporated by reference.

The provisions of this § 208.324 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.324 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.331 Mine map.

The provisions of 30 CFR 77.1200 (relating to mine map) are incorporated by reference.

The provisions of this § 208.331 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.331 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.332 Certification of mine maps.

The provisions of 30 CFR 77.1201 (relating to certification of mine maps) are incorporated by reference.

The provisions of this § 208.332 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.332 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.333 Availability of mine map.

The provisions of 30 CFR 77.1202 (relating to availability of mine map) are incorporated by reference.

The provisions of this § 208.333 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.333 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.341 Personnel hoists and elevators.

The provisions of 30 CFR 77.1400 (relating to personnel hoists and elevators) are incorporated by reference.

The provisions of this § 208.341 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.341 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.342 Automatic controls and brakes.

The provisions of 30 CFR 77.1401 (relating to automatic controls and brakes) are incorporated by reference.

The provisions of this § 208.342 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.342 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.343 Rated capacity.

The provisions of 30 CFR 77.1402 (relating to rated capacity) are incorporated by reference.

The provisions of this § 208.343 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.343 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.344 Maximum load; posting.

The provisions of 30 CFR 77.1402-1 (relating to maximum load; posting) are incorporated by reference.

The provisions of this § 208.344 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.344 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.345 Daily examination of hoisting equipment.

The provisions of 30 CFR 77.1403 (relating to daily examination of hoisting equipment) are incorporated by reference.

The provisions of this § 208.345 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.345 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.346 Certifications and records of daily examinations.

The provisions of 30 CFR 77.1404 (relating to certifications and records of daily examinations) are incorporated by reference.

The provisions of this § 208.346 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.346 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.347 Operation of hoisting equipment after repairs.

The provisions of 30 CFR 77.1405 (relating to operation of hoisting equipment after repairs) are incorporated by reference.

The provisions of this § 208.347 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.347 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.351 Wire ropes; scope.

The provisions of 30 CFR 77.1430 (relating to wire ropes; scope) are incorporated by reference.

The provisions of this § 208.351 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.351 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.352 Minimum rope strength.

The provisions of 30 CFR 77.1431 (relating to minimum rope strength) are incorporated by reference.

The provisions of this § 208.352 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.352 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.353 Initial measurement.

The provisions of 30 CFR 77.1432 (relating to initial measurement) are incorporated by reference.

The provisions of this § 208.353 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.353 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.354 Examinations.

The provisions of 30 CFR 77.1433 (relating to examinations) are incorporated by reference.

The provisions of this § 208.354 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.354 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.355 Retirement criteria.

The provisions of 30 CFR 77.1434 (relating to retirement criteria) are incorporated by reference.

The provisions of this § 208.355 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.355 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.356 Load end attachments.

The provisions of 30 CFR 77.1435 (relating to load end attachments) are incorporated by reference.

The provisions of this § 208.356 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.356 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.357 Drum end attachment.

The provisions of 30 CFR 77.1436 (relating to drum end attachment) are incorporated by reference.

The provisions of this § 208.357 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.357 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.358 End attachment retermination.

The provisions of 30 CFR 77.1437 (relating to end attachment retermination) are incorporated by reference.

The provisions of this § 208.358 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.358 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.359 End attachment replacement.

The provisions of 30 CFR 77.1438 (relating to end attachment replacement) are incorporated by reference.

The provisions of this § 208.359 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.359 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.361 Loading and haulage; general.

The provisions of 30 CFR 77.1600 (relating to loading and haulage; general) are incorporated by reference.

The provisions of this § 208.361 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.361 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.362 Transportation of persons; restrictions.

The provisions of 30 CFR 77.1601 (relating to transportation of persons; restrictions) are incorporated by reference.

The provisions of this § 208.362 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.362 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.363 Trains and locomotives; authorized persons.

The provisions of 30 CFR 77.1603 (relating to trains and locomotives; authorized persons) are incorporated by reference.

The provisions of this § 208.363 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.363 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.364 Transportation of persons; overcrowding.

The provisions of 30 CFR 77.1604 (relating to transportation of persons; overcrowding) are incorporated by reference.

The provisions of this § 208.364 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.364 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.365 Loading and haulage equipment; installations.

The provisions of 30 CFR 77.1605 (relating to loading and haulage equipment; installations) are incorporated by reference.

The provisions of this § 208.365 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.365 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.366 Loading and haulage equipment; inspection and maintenance.

The provisions of 30 CFR 77.1606 (relating to loading and haulage equipment; inspection and maintenance) are incorporated by reference.

The provisions of this § 208.366 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.366 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.367 Loading and haulage equipment; operation.

The provisions of 30 CFR 77.1607 (relating to loading and haulage equipment; operation) are incorporated by reference.

The provisions of this § 208.367 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.367 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.368 Dumping facilities.

The provisions of 30 CFR 77.1608 (relating to dumping facilities) are incorporated by reference.

The provisions of this § 208.368 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.368 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.371 Communications in work areas.

The provisions of 30 CFR 77.1700 (relating to communications in work areas) are incorporated by reference.

The provisions of this § 208.371 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.371 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.372 First aid equipment; location; minimum requirements.

The provisions of 30 CFR 77.1707 (relating to first aid equipment; location; minimum requirements) are incorporated by reference.

The provisions of this § 208.372 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.372 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.373 Protective clothing; requirements.

The provisions of 30 CFR 77.1710 (relating to protective clothing; requirements) are incorporated by reference.

The provisions of this § 208.373 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.373 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.374 Distinctively colored hard hats or hard caps; identification for newly employed, inexperienced miners.

The provisions of 30 CFR 77.1710-1 (relating to distinctively colored hard hats or hard caps; identification for newly employed, inexperienced miners) are incorporated by reference.

The provisions of this § 208.374 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.374 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.375 Smoking prohibition: surface work areas.

(a) The provisions of 30 CFR 77.1711 (relating to smoking prohibition) are incorporated by reference.

(b) An individual who violates the mandatory safety standards relating to smoking, including the use of electronic liquid-vaporizing devices or e-cigarettes, shall be subject to a civil penalty assessed by the Department, which penalty:

(1) Shall be the maximum civil penalty provided under 30 CFR 100.5(d) (relating to determination of penalty amount; special assessment) adopted and incorporated by reference for each occurrence of this violation.

(2) May not preclude the Department from exercising any other remedy available to it.

The provisions of this § 208.375 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1); amended under sections 105(16) and 106.1(a) and (f)(2) of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-105(16) and 690-106(a) and (f)(2)).

The provisions of this § 208.375 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139; amended September 9, 2022, effective September 10, 2022, 52 Pa.B. 5813. Immediately preceding text appears at serial pages (379706) to (379707).

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.376 Smoking prohibition: underground areas.

(a) An individual may not smoke or use an open flame in any underground bituminous coal mine.

(b) An individual may not at any time enter a mine with or carry into the mine any smoking or smoker related articles, matches, pipes, cigars, cigarettes, electronic liquid-vaporizing devices, including e-cigarettes, or any device for making flames or fire not approved under section 350 of the act (52 P.S. § 690-350).

(c) In all mines the operator may search or cause to be searched any individual, including the individual’s clothing and material belongings, entering or about to enter the mine, or inside the mine, to prevent an individual from taking or carrying into the mine any of the articles prohibited by this section.

(d) An individual who violates the mandatory safety standards relating to smoking or the use or carrying of the items identified in subsection (b), shall be subject to a civil penalty assessed by the Department that:

(1) Shall be the maximum civil penalty provided under 30 CFR 100.5(d) (relating to determination of penalty amount; special assessment) adopted and incorporated by reference for each occurrence of this violation.

(2) May not preclude the Department from exercising any other remedy available to it.

The provisions of this § 208.376 added under sections 105(16) and 106.1(a) and (f)(2) of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-105(16) and 106.1(a) and (f)(2)).

The provisions of this § 208.376 added September 9, 2022, effective September 10, 2022, 52 Pa.B. 5813.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.381 Cutout switches.

The provisions of 30 CFR 77.1800 (relating to cutout switches) are incorporated by reference.

The provisions of this § 208.381 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.381 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.382 Overcurrent protection.

The provisions of 30 CFR 77.1801 (relating to overcurrent protection) are incorporated by reference.

The provisions of this § 208.382 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.382 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.383 Devices for overcurrent protection.

The provisions of 30 CFR 77.1801-1 (relating to devices for overcurrent protection) are incorporated by reference.

The provisions of this § 208.383 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P. S. § § 690-106 and 690-106.1).

The provisions of this § 208.383 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.384 Insulation of trolley wires, trolley feeder wires and bare signal wires; guarding of trolley wires and trolley feeder wires.

The provisions of 30 CFR 77.1802 (relating to insulation of trolley wires, trolley feeder wires and bare signal wires; guarding of trolley wires and trolley feeder wires) are incorporated by reference.

The provisions of this § 208.384 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.384 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.391 Slopes and shafts; approval of plans.

The provisions of 30 CFR 77.1900 (relating to slopes and shafts; approval of plans) are incorporated by reference, with the following addition:

The Department will approve plans relating to slope and shaft sinking and construction.

The provisions of this § 208.391 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.391 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.392 Compliance with approved slope and shaft sinking plans.

The provisions of 30 CFR 77.1900-1 (relating to compliance with approved slope and shaft sinking plans) are incorporated by reference.

The provisions of this § 208.392 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.392 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.393 Preshift and onshift inspections; reports.

The provisions of 30 CFR 77.1901 (relating to preshift and onshift inspections; reports) are incorporated by reference.

The provisions of this § 208.393 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.393 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.394 Methane and oxygen deficiency tests; approved devices.

The provisions of 30 CFR 77.1901-1 (relating to methane and oxygen deficiency tests; approved devices) are incorporated by reference.

The provisions of this § 208.394 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.394 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.395 Drilling and mucking operations.

The provisions of 30 CFR 77.1902 (relating to drilling and mucking operations) are incorporated by reference.

The provisions of this § 208.395 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.395 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.396 Permissible diesel-powered equipment.

The provisions of 30 CFR 77.1902-1 (relating to permissible diesel-powered equipment) are incorporated by reference.

The provisions of this § 208.396 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.396 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.397 Hoists and hoisting; minimum requirements.

The provisions of 30 CFR 77.1903 (relating to hoists and hoisting; minimum requirements) are incorporated by reference.

The provisions of this § 208.397 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.397 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.398 Communications between slope and shaft bottoms and hoist operators.

The provisions of 30 CFR 77.1904 (relating to communications between slope and shaft bottoms and hoist operators) are incorporated by reference.

The provisions of this § 208.398 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.398 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.399 Hoist safeguards; general.

The provisions of 30 CFR 77.1905 (relating to hoist safeguards; general) are incorporated by reference.

The provisions of this § 208.399 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.399 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.400 Hoists; daily inspection.

The provisions of 30 CFR 77.1906 (relating to hoists; daily inspection) are incorporated by reference.

The provisions of this § 208.400 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.400 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.401 Hoist construction; general.

The provisions of 30 CFR 77.1907 (relating to hoist construction; general) are incorporated by reference.

The provisions of this § 208.401 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.401 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.402 Hoist installations; use.

The provisions of 30 CFR 77.1908 (relating to hoist installations; use) are incorporated by reference.

The provisions of this § 208.402 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.402 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.403 Hoist operation; qualified hoistman.

The provisions of 30 CFR 77.1908-1 (relating to hoist operation; qualified hoistman) are incorporated by reference.

The provisions of this § 208.403 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.403 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.404 Explosives and blasting; use of permissible explosives and shot-firing units.

The provisions of 30 CFR 77.1909 (relating to explosives and blasting; use of permissible explosives and shot-firing units) are incorporated by reference.

The provisions of this § 208.404 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.404 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.405 Use of nonpermissible explosives and nonpermissible shot-firing units; approval by Health and Safety District Manager.

The provisions of 30 CFR 77.1909-1 (relating to use of nonpermissible explosives and nonpermissible shot-firing units; approval by Health and Safety District Manager) are incorporated by reference.

The provisions of this § 208.405 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.405 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.406 Explosives and blasting; general.

The provisions of 30 CFR 77.1910 (relating to explosives and blasting; general) are incorporated by reference, with the exception of the following modification:

(b) All explosive materials, detonators and any other related blasting material employed in the development of any slope or shaft shall be stored, transported, carried, charged and fired in accordance with Chapters 210 and 211 (relating to blasters’ licenses; and storage, handling and use of explosives). Except as provided in paragraph (c) of this section, all shots shall be fired from the surface.

The provisions of this § 208.406 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.406 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.407 Ventilation of slopes and shafts.

The provisions of 30 CFR 77.1911 (relating to ventilation of slopes and shafts) are incorporated by reference.

The provisions of this § 208.407 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.407 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.408 Ladders and stairways.

The provisions of 30 CFR 77.1912 (relating to ladders and stairways) are incorporated by reference.

The provisions of this § 208.408 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.408 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.409 Fire-resistant wood.

The provisions of 30 CFR 77.1913 (relating to fire-resistant wood) are incorporated by reference.

The provisions of this § 208.409 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.409 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.410 Electrical equipment.

The provisions of 30 CFR 77.1914 (relating to electrical equipment) are incorporated by reference.

The provisions of this § 208.410 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.410 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.411 Storage and handling of combustible materials.

The provisions of 30 CFR 77.1915 (relating to storage and handling of combustible materials) are incorporated by reference.

The provisions of this § 208.411 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.411 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.412 Welding, cutting and soldering; fire protection.

The provisions of 30 CFR 77.1916 (relating to welding, cutting, and soldering; fire protection) are incorporated by reference.

The provisions of this § 208.412 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.412 adopted December 18, 2015, effective December 19, 2015, 45 Pa.B. 7139.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

25 Pa. Code § 208.600 Sensitive ground fault.

All three-phase electrically operated equipment operated on a working section inby the last open crosscut must receive power from a circuit equipped with a sensitive ground fault protection as specified in this section.

(1) Sensitive ground fault.

(i) A sensitive ground fault protective device must be connected so that the associated circuit will be instantaneously interrupted upon the occurrence of a ground fault which may not exceed 300 milli-amperes nominally.

(ii) A sensitive ground fault protective device on these circuits on equipment utilizing variable speed drives must be connected so that the associated circuit will be instantaneously interrupted upon the occurrence of a ground fault which may not exceed 300 milli-amperes nominally. If nuisance tripping occurs on these circuits, the devices shall be permitted to be adjusted to the minimum setting necessary to prevent nuisance tripping. In no case shall a device be adjusted greater than the lower value of 500 milli-amperes or 1/2 of the neutral ground resistor’s current rating.

(iii) The secondary main circuit breaker protecting any sensitive ground fault circuit subject to this section must also provide backup sensitive ground fault protection. Relay settings may include a short time delay (250mS) or a higher current setting, or both, to provide coordination. In no case shall a device be adjusted greater than the lower value of 500 milli-amperes or 1/2 of the neutral ground resistor’s current rating.

(2) Implementation schedule. This section is effective January 13, 2018, for load centers that power equipment that operates inby the last open crosscut and that are purchased after January 13, 2018, and load centers that are rebuilt at new mines after January 13, 2018. For load centers that power equipment that operates inby the last open crosscut that are located in or at a mine on January 13, 2018, sensitive ground fault protection shall be installed by January 13, 2023.

The provisions of this § 208.600 issued under sections 106 and 106.1 of the Bituminous Coal Mine Safety Act (52 P.S. § § 690-106 and 690-106.1).

The provisions of this § 208.600 adopted January 12, 2018, effective January 13, 2018, 48 Pa.B. 251.

History

• Authority: The provisions of this Chapter 208 issued under sections 106, 106.
• Source: The provisions of this Chapter 208 adopted October 7, 2011, effective October 8, 2011, 41 Pa.

Chapter 210 Blasters’ Licenses

25 Pa. Code § 210.11 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: ATF—The United States Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives. Blaster—A person who is licensed by the Department under this chapter to detonate explosives and supervise blasting activities. Blaster learner—An individual who is learning to be a blaster and who participates in blasting activities under the direct supervision of a blaster. Blaster’s license—A license to detonate explosives and supervise blasting activities issued by the Department under this chapter. Demolition and demolition blasting—The act of wrecking or demolishing a structure with explosives. Explosives—Any chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes dynamite and other high explosives, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord and igniters. The term includes all items in the ‘‘List of Explosive Materials’’ provided for in 27 CFR 555.23 (relating to list of explosive materials). Limited—A classification of blaster’s license applicable to persons who supervise the loading or detonate explosives in operations in which the use of explosives is not related to excavation or demolition. Mine opening blasting—Blasting conducted for the purpose of constructing a shaft, slope, drift or tunnel mine opening for an underground mine, either operating or under development from the surface down to the point where the mine opening connects with the mineral strata to be or being extracted. Person—A natural person.

The provisions of this § 210.11 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).

The provisions of this § 210.11 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (335908).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.12 Scope.

This chapter applies to persons engaging in the detonation of explosives within this Commonwealth. Except for persons engaging in mine opening blasting, this chapter does not apply to persons authorized to detonate explosives or to supervise blasting activities under:

(1) The Pennsylvania Anthracite Coal Mine Act (52 P. S. § § 70.101—70.1405).

(2) The Pennsylvania Bituminous Coal Mine Act (52 P. S. § § 701-101—701-706).

The provisions of this § 210.12 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.4b); section 11 of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3311); and sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20).

The provisions of this § 210.12 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355. Immediately preceding text appears at serial page (303212).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.13 General.

(a) A person may not detonate explosives or supervise blasting activities unless the person has obtained a blaster’s license.

(b) A blaster’s license will only be issued or renewed after it is verified that the applicant is in compliance with 18 U.S.C.A. Chapter 40 and 27 CFR Part 555 (relating to commerce in explosives).

(c) The Department may exempt certain individuals from needing a blaster’s license if the person is detonating extremely small amounts of explosives for industrial or research purposes. The Department will consider a written request for an exemption from the person seeking the exemption.

(d) Upon request, a blaster shall exhibit a blaster’s license to the following:

(1) An authorized representative of the Department.

(2) The blaster’s employer or an authorized representative of the employer.

(3) A police officer acting in the line of duty.

(e) A blaster’s license is not transferable.

The provisions of this § 210.13 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).

The provisions of this § 210.13 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (335909).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.14 Eligibility requirements.

(a) To be eligible for a blaster’s license, a person shall:

(1) Be 21 years of age or older.

(2) Have at least 1 year of experience as a blaster learner in preparing blasts in the classification for which a license is being sought.

(3) Have taken the Department’s class on explosives. It is not necessary for a blaster to retake the class when adding an additional classification to a license.

(4) Have successfully passed the Department’s examination for a blaster’s license.

(b) The Department will not issue or renew a license if the applicant, as indicated by past or continuing violations, has demonstrated a lack of ability or intention to comply with the Department’s regulations concerning blasting activities.

The provisions of this § 210.14 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751.

This section cited in 25 Pa. Code § 210.17 (relating to issuance and renewal of licenses).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.15 License application.

(a) The license application shall be on forms provided by the Department and be accompanied by a check for $50 payable to the Commonwealth of Pennsylvania. The complete application shall be submitted to the Department at least 2 weeks prior to the examination.

(b) The license application shall include a signed notarized statement from a person who has direct knowledge of the applicant’s expertise, such as the blaster who supervised the applicant, or the applicant’s employer. The statement shall:

(1) Describe the applicant’s experience in blasting. In particular, the statement shall describe in detail how the applicant assisted in the preparation of the blasts and for how long.

(2) State whether the applicant is competent to prepare and detonate blasts in the classification for which the license is being sought.

The provisions of this § 210.15 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751.

This section cited in 25 Pa. Code § 210.17 (relating to issuance and renewal of licenses).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.16 Examinations.

(a) The Department will conduct examinations for specific types of blasting, as specified in § 210.17(a) (relating to issuance and renewal of licenses).

(b) The Department will schedule and conduct examinations as needed.

(c) An applicant failing to appear for a scheduled examination forfeits the application fee unless the applicant provides written notice to the Department 2 weeks prior to the examination date or submits a valid medical excuse in writing.

(d) Refund of the fee or admittance to a subsequent examination without a reapplication fee will be at the discretion of the Department.

The provisions of this § 210.16 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537 (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).

The provisions of this § 210.16 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (335910).

This section cited in 25 Pa. Code § 210.17 (relating to issuance and renewal of licenses).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.17 Issuance and renewal of licenses.

(a) A blaster’s license is issued for a specific classification of blasting activities. The classifications will be determined by the Department and may include general blasting (which includes all classifications except demolition, mine opening blasting and underground noncoal mining), trenching and construction, law enforcement, surface mining, underground noncoal mining, mine opening blasting, industrial, limited and demolition.

(b) A person may apply to amend the blaster’s license for other classifications by meeting the requirements of § 210.14 (relating to eligibility requirements) and by submitting a complete application.

(c) A blaster’s license will be issued for 3 years.

(d) A blaster’s license is renewable if the blaster can demonstrate that he has had a minimum of 8 hours of continuing education in Department-approved courses related to blasting and safety within the 3-year period.

(e) The blaster’s license may be renewed for a 3-year term by submitting a renewal application to the Department and a check for $30, payable to the ‘‘Commonwealth of Pennsylvania.’’

(f) A person who intends to be a blaster and whose blaster’s license was not renewed within 1 year of its expiration date shall apply for a new license under § § 210.14—210.16 (relating to eligibility requirements; license application; and examinations).

(g) A person who conducted demolition blasting under a general blaster’s license may conduct demolition blasting after July 14, 2001, by applying for and receiving a demolition blaster’s license. The Department may waive the examination required under under § 210.14 and the application fee if the blaster demonstrates at least 3 years of experience in demolition blasting. The demonstration must be in the form of a notarized statement from the blaster’s employer that describes the blaster’s experience.

The provisions of this § 210.17 amended under section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P. S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. § 3311(e)); sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. § § 510-17 and 510-20); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).

The provisions of this § 210.17 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended August 8, 2008, effective August 9, 2008, 38 Pa.B. 4355; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711 Immediately preceding text appears at serial pages (335910) to (335911).

This section cited in 25 Pa. Code § 210.14 (relating to eligibility requirements).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.18 Recognition of out-of-State blasters’ license.

(a) The Department may license a person who holds a blaster’s license or its equivalent in another state. The Department may issue the license if, in the opinion of the Department, that state’s licensing program provides training on the storage, handling and use of explosives and an examination that is equivalent to the requirements of this chapter.

(b) A request for a license under this section shall be made in writing. Copies of the other state’s explosives training and examination material and proof that the applicant holds a license in the other state shall be provided to the Department in order to make a proper evaluation.

The provisions of this § 210.18 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751.

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

25 Pa. Code § 210.19 Suspension, modification and revocation.

The Department may issue orders suspending, modifying or revoking a blaster’s license. Before an order is issued, the Department will give the blaster an opportunity for an informal meeting to discuss the facts and issues that form the basis of the Department’s determination to suspend, modify or revoke the license. The Department may suspend, modify or revoke a blaster’s license for violations of this chapter and Chapters 77, 87, 88 and 211.

The provisions of this § 210.19 amended under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.S. § § 510-17 and 510-20); section 4.2 of the Surface Mining Conservation and Reclamation Act (52 P.S. § 1396.4b); section 11(e) of the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. § 3311(e)); sections 7 and 11 of the act of July 1, 1937 (P.L. 2681, No. 537) (73 P.S. § § 157 and 161); sections 3 and 4 of the act of July 10, 1957 (P.L. 685, No. 362) (73 P.S. § § 166 and 167); Reorganization Plan No. 8 of 1981 (71 P.S. § 751-35); section 2(f) of the act of May 18, 1937 (P.L. 654, No. 174) (43 P.S. § 25-2(f)); and Reorganization Plan No. 2 of 1975 (71 P.S. § 751-22).

The provisions of this § 210.19 adopted July 13, 2001, effective July 14, 2001, 31 Pa.B. 3751; amended June 22, 2018, effective June 23, 2018, 48 Pa.B. 3711. Immediately preceding text appears at serial page (335912).

History

• Authority: The provisions of this Chapter 210 issued under sections 3 and 7 of the act of July 1, 1937 (P.
• Source: The provisions of this Chapter 210 adopted January 26, 1973, effective January 27, 1973, 3 Pa.

Chapter 215 General Provisions

25 Pa. Code § 215.1 Purpose and scope.

(a) This article establishes requirements for the protection of public health and safety as related to radiation sources and implements the requirements of the act.

(b) This article, except as otherwise specifically provided in the act, applies to persons who use, manufacture, produce, transport, transfer, receive, acquire, possess, own or dispose of a radiation source.

(c) A person who, when required, fails to register or obtain a license for radiation sources in the possession or control of the person, shall comply with the act or with this article.

(d) This article does not apply to the extent the person is subject to regulation by the NRC.

(e) Title 10 Chapter I (Nuclear Regulatory Commission) Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 37, 39, 40, 70, 71 and § § 150.1, 150.2, 150.3, 150.11 and 150.20 of the CFR are incorporated by reference with the exceptions set forth in paragraphs (1)—(15). Notwithstanding the requirements incorporated by reference, nothing in this article relieves or limits a person from complying with the laws of the Commonwealth, including the act and the Low-Level Radioactive Waste Disposal Act (35 P.S. § § 7130.101—7130.905).

(1) Sections 19.4, 19.5, 19.8, 19.11(b) and (e), 19.14(a), 19.30 and 19.40 are not incorporated.

(2) Sections 20.1006, 20.1009, 20.1406(b), 20.1905(g), 20.2203(c) and (d), 20.2206(a)(1), (3), (4) and (5), 20.2401 and 20.2402 are not incorporated.

(3) Sections 30.5, 30.6, 30.8, 30.21(c), 30.34(d) and (e)(1) and (3), 30.41(b)(6), 30.55, 30.63 and 30.64 are not incorporated. Paragraph 2 of the definition of ‘‘commencement of construction’’ and paragraph 9(ii) of the definition of ‘‘construction’’ in section 30.4 are not incorporated.

(4) Sections 31.4 and 31.14 are not incorporated.

(5) Sections 32.1(c)(1), 32.8, 32.11, 32.12, 32.14, 32.15, 32.16, 32.18, 32.19, 32.20, 32.21, 32.21a, 32.22, 32.23, 32.25, 32.26, 32.27, 32.28, 32.29, 32.30, 32.31, 32.32 and 32.40 are not incorporated.

(6) Sections 33.8, 33.21 and 33.23 are not incorporated.

(7) Sections 34.5, 34.8, 34.121 and 34.123 are not incorporated.

(8) Sections 35.8, 35.11(c), 35.13(a)(1), 35.4001 and 35.4002 are not incorporated.

(9) Sections 36.5, 36.8, 36.91 and 36.93 are not incorporated. Paragraph 2 of the definition of ‘‘commencement of construction’’ and paragraph 9(ii) of the definition of ‘‘construction’’ in section 36.2 are not incorporated.

(10) Sections 37.3(b)(2), 37.13, 37.73(d) and (e), 37.107 and 37.109 are not incorporated.

(11) Sections 39.5, 39.8, 39.101 and 39.103 are not incorporated.

(12) Sections 40.6, 40.8, 40.12(b), 40.13(c)(5)(iv), 40.23, 40.27, 40.28, 40.31(j), (k), (l) and (m), 40.32(d), (e) and (g), 40.33, 40.38, 40.41(d), (e)(1) and (3) and (g), 40.51(b)(6), 40.52, 40.53, 40.56, 40.64, 40.66, 40.67, 40.81, 40.82 and 10 CFR Part 40 Appendix A Criterion 11 A—F and Criterion 12 are not incorporated. Paragraph 2 of the definition of ‘‘commencement of construction,’’ paragraph 9(ii) of the definition of ‘‘construction’’ and the definitions of ‘‘foreign obligations’’ and ‘‘reconciliation’’ in section 40.4 are not incorporated.

(13) Sections 70.1(c), (d) and (e), 70.5, 70.6, 70.8, 70.13, 70.13a, 70.14, 70.20a, 70.20b, 70.21(a)(1), (c), (f), (g) and (h), 70.22(b), (c), (f), (g), (h), (i), (j), (k), (l), (m) and (n), 70.23(a)(6), (7), (8), (9), (10), (11) and (12) and (b), 70.23a, 70.24, 70.25(a), 70.31(c), (d) and (e), 70.32(a)(1), (4), (5), (6) and (7), 70.32(b)(1), (3) and (4), (c), (d), (e), (f), (g), (h), (i), (j) and (k), 70.37, 70.40, 70.42(b)(6), 70.44, 70.50(d), 70.51(c), (d) and (e), 70.52, 70.53, 70.54, 70.55(c)(1), (2) and (3), 70.56(c) and (d), 70.57, 70.58, 70.59, 70.60, 70.61, 70.62, 70.64, 70.65, 70.66, 70.71, 70.72, 70.73, 70.74, 70.76, 70.82 and 10 CFR Part 70 Appendix A are not incorporated. Paragraph 2 of the definition of ‘‘commencement of construction’’ and paragraph 9(ii) of the definition of ‘‘construction’’ in section 70.4 are not incorporated.

(14) Sections 71.2, 71.6, 71.11, 71.14(b), 71.19, 71.31, 71.33, 71.35, 71.37, 71.38, 71.39, 71.41, 71.43, 71.45, 71.51, 71.55, 71.59, 71.61, 71.63, 71.64, 71.65, 71.70, 71.71, 71.73, 71.74, 71.75, 71.77, 71.85, 71.91(b), 71.99, 71.100, 71.101(c)(2), (d) and (e), 71.107, 71.109, 71.111, 71.113, 71.115, 71.117, 71.119, 71.121, 71.123 and 71.125 are not incorporated. The definitions of ‘‘certificate holder’’ and ‘‘certificate of compliance (CoC)’’ in section 71.4 are not incorporated. The term ‘‘applicant’’ when used in 10 CFR Part 71 is not incorporated.

(15) The definition of ‘‘foreign obligations’’ in section 150.3 is not incorporated.

(f) If a provision of the CFR incorporated by reference in this article includes a section which is inconsistent with this title, this title controls to the extent Federal law does not preempt Commonwealth law. If a provision of the CFR incorporated by reference in this article is beyond the scope of authority granted the Department under statute, or is in excess of the statutory authority, the provisions shall be and remain effective only to the extent authorized by the Pennsylvania law.

(g) Appropriate parts of 10 CFR (relating to energy) may be obtained from the following:

(1) The United States Government Printing Office, Book Store, Room 118, Federal Building, 1000 Liberty Avenue, Pittsburgh, Pennsylvania 15222, (412) 664-2721.

(2) The United States Government Printing Office, Book Store, 100 North 17th Street, Robert Morris Building, Philadelphia, Pennsylvania 19103, (215) 597-0677.

(3) The United States Superintendent of Documents, United States Government Printing Office, Washington, D.C. 20402, (202) 783-3238.

(h) To reconcile differences between this chapter and the incorporated sections of Federal regulations and to effectuate their joint enforcement, the following words and phrases shall be substituted for the language of the Federal regulations:

(1) A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

(2) A reference to ‘‘NRC or agreement state’’ means Department, NRC or agreement state.

(3) The definition of ‘‘sealed source’’ includes NARM.

(4) A reference to ‘‘byproduct material’’ includes NARM.

(5) Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR shall be directed to the Department, except as noted in 10 CFR 37.27 (relating to requirements for criminal history records checks of individuals granted unescorted access to category 1 or category 2 quantities of radioactive material) and in 10 CFR 71.17(c)(3) (relating to general license: NRC-approved package).

The provisions of this § 215.1 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and the Radon Certification Act (63 P.S. § § 2001—2014).

The provisions of this § 215.1 amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended January 22, 2016, effective March 18, 2016, 46 Pa.B. 446; amended September 14, 2018, effective September 15, 2018, 48 Pa.B. 5723; amended October 31, 2025, effective November 1, 2025, 55 Pa.B. 7500. Immediately preceding text appears at serial pages (415079) to (415080) and (394019).

(Editor’s Note: For a document incorporating subsequent versions of 10 CFR Parts 30—32, 40 and 70, see 42 Pa.B. 6543 (October 13, 2012).)

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.2 Definitions.

The definitions in 10 CFR Chapter 1, Parts 19, 20, 30, 31, 32, 33, 34, 35, 36, 39, 40, 70, 71 and 150 are incorporated by reference in this article unless indicated otherwise. In addition, the following words and terms, when used in this article, have the following meanings, unless the context clearly indicates otherwise: AEC—United States Atomic Energy Commission. Accelerator-produced material—Material made radioactive by a particle accelerator. Act—The Radiation Protection Act (35 P.S. § § 7110.101—7110.703). Bioassay—The determination of kinds, quantities or concentrations, and, in some cases, the locations of radioactive material in the human body, whether by direct measurement, in vivo counting, or by analysis and evaluation of materials excreted or removed from the human body. For purposes of this article, ‘‘radiobioassay’’ is an equivalent term. Brachytherapy—A method of radiation therapy in which sealed sources are utilized to deliver a radiation dose at a distance of up to a few centimeters, by surface, intracavitary or interstitial application. Entrance or access point—An opening through which an individual or extremity of an individual could gain access to radiation areas or to licensed or registered radiation sources. The term includes entry or exit portals of sufficient size to permit human entry, irrespective of their intended use. FDA—The Federal Food and Drug Administration. Human use—The internal or external administration of radiation or radioactive material to human beings. Inspection—An official examination or observation including, but not limited to, tests, surveys and monitoring to determine compliance with this article, rules, orders, requirements and conditions of the Department. Ionizing radiation—Radiation consisting of directly ionizing charged particles—such as electrons, protons, alpha particles and the like—having sufficient kinetic energy to produce ionization by collision, or consisting of either indirectly ionizing uncharged particles—such as neutrons—or photons which can liberate directly ionizing particles or can initiate a nuclear transformation. License—Permission issued by the Department in accordance with this article to possess and use radiation sources. Types of licenses are as follows:

(i) General license—Permission to possess and use radioactive material without the formal review and issuance of documents by the Department.

(ii) Specific license—Written permission to possess and use radioactive material issued by the Department after the Department reviews and approves an application for the possession and use of the radiation sources. Licensed practitioner of the healing arts—An individual licensed by the Commonwealth to practice the healing arts, which for the purposes of this article shall be limited to medicine, surgery, dentistry, osteopathy, podiatry and chiropractic. Licensee—A person who is licensed by the Department under this article and the act. Licensing state—A state that has regulations equivalent to the Suggested State Regulations for Control of Radiation (United States Department of Health and Human Services) relating to, and has an effective program for, the regulatory control of NARM and which has been granted final designation as a licensing state by the Conference of Radiation Control Program Directors, Inc. Major X-ray system component—A tube housing assembly, X-ray control, X-ray high voltage generator, X-ray table, cradle, film changer, fixed cassette holder, beam limiting device, fluoroscopic or digital radiographic imaging assembly, spot film device, image intensifier or cephalometric device. NARM—A naturally occurring or accelerator-produced radioactive material. The term does not include by-product, source or special nuclear material. NORM—Naturally occurring radioactive material—A nuclide which is radioactive in its natural physical state—that is, not man-made—but does not include source or special nuclear material. NRC—United States Nuclear Regulatory Commission or its authorized representatives. Person—An individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency or political subdivision of this Commonwealth; another state or political subdivision or agency thereof; and a legal successor, representative, agent or agency of the entities listed in this paragraph. The term does not include Federal government agencies. Pharmacist—An individual licensed by the Commonwealth to compound and dispense drugs, prescriptions and poisons. Physician—An individual licensed by the Commonwealth to practice medicine or osteopathy in this Commonwealth. Prescribed dose for therapy using radiation-producing machines—For X-ray, electron or other particle beam therapy, the total dose and dose per fraction as documented in the written directive. Qualified expert—

(i) For radiation protection, an individual having the knowledge and training to measure ionizing radiation, to evaluate safety techniques and to advise regarding radiation protection needs; for example: individuals certified in the appropriate field by the American Board of Radiology, or the American Board of Health Physics, or the American Board of Medical Physics or those having equivalent qualifications.

(ii) For radiation therapy calibrations, an individual having, in addition to the qualifications in subparagraph (i), training and experience in the clinical applications of radiation physics to radiation therapy.

(iii) For diagnostic X-ray performance evaluations, an individual having, in addition to the qualifications of subparagraph (i), training and experience in the physics of diagnostic radiology. Radiation—Ionizing radiation. Radiation producing machine—A device capable of producing ionizing radiation except those devices with radioactive material as the only source of radiation. Radiation safety officer—An individual who has the knowledge and responsibility to apply appropriate radiation protection regulations. Radiation source—An apparatus, device, equipment, radiation-producing machine or material, other than a nuclear power reactor and nuclear fuel located on a plant site, emitting or capable of emitting ionizing radiation. Radioactive material—A material—solid, liquid or gas—which emits radiation spontaneously. Radioactivity—The transformation of unstable atomic nuclei accompanied by the emission of radiation. Registrant—A person who is legally obligated to register with the Department under this article and the act. Registration—The act of registering with the Department under this article. Roentgen (R)—The special unit of exposure to external X-ray and gamma radiation. One roentgen equals 2.58 x 10-4 coulombs/kilogram of air. See § 215.3 (relating to units of exposure). Traceable to a National standard—A system which has been calibrated by the National Institute of Science and Technology or by a Regional Calibration Laboratory accredited by the American Association of Physicists in Medicine. Waste handling licensees—Persons licensed to receive and store radioactive wastes prior to disposal or persons licensed to dispose of radioactive waste. Written directive for therapy using radiation-producing machines—An order in writing for a specific patient, dated and signed by an authorized user prior to the administration of a radiation therapy treatment:

(i) For X-ray therapy at potentials less than 1 MeV: the total dose, dose per fraction, treatment site, field sizes, tube potential and filtration, and overall treatment period.

(ii) For X-ray, electron or other particle beam therapy at energies of 1 MeV and above: the total dose, dose per fraction, treatment site, field size, beam type and energy, applicator, use of beam blocking or shaping devices, treatment geometry and overall treatment period.

The provisions of this § 215.2 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and the Radon Certification Act (63 P.S. § § 2001—2014).

The provisions of this § 215.2 amended November 17, 1995, effective November 18, 1995, 25 Pa.B. 5085; amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears at serial pages (304405) to (304408).

This section cited in 25 Pa. Code § 221.2 (relating to definitions); 25 Pa. Code § 221.201 (relating to definitions); 25 Pa. Code § 227a.2 (relating to definitions); and 25 Pa. Code § 236.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.3 Units of exposure.

As used in this article, the unit of exposure to external X-ray and gamma radiation expressed in standard international (SI) units is the coulomb per kilogram (C/kg) of air. This represents the quotient of dQ by dm where ‘‘dQ’’ is the absolute value of the total charge of the ions of one sign produced in air when all the electrons (negatrons and positrons) liberated by photons in a volume element of air having mass ‘‘dm’’ are completely stopped in air. The ‘‘roentgen’’ is a special unit of exposure. One roentgen is equal to 2.58 x 10-4 coulomb per kilogram of air. One milliroentgen (mR) is equal to 1/1000 roentgen.

The provisions of this § 215.3 adopted November 17, 1995, effective November 18, 1995, 25 Pa.B. 5085; amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239. Immediately preceding text appears at serial pages (249207) to (249208) and (203799).

This section cited in 25 Pa. Code § 215.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.5 Effect of incorporation of CFR.

(a) Title and name changes. To reconcile differences between this chapter and the incorporated sections of Federal regulations and to effectuate their joint enforcement, the following words and phrases shall be substituted for the language of the Federal regulations as follows:

(1) A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

(2) A reference to ‘‘NRC or agreement state’’ means ‘‘Department, NRC or agreement state.’’

(b) Forms and documents. References to forms in the Federal regulations incorporated by reference will be replaced by the appropriate forms prescribed by the Department.

(c) Notifications, reports and correspondence. Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR shall be directed to the Department and, for NRC licenses, to the NRC until agreement state status is in effect.

The provisions of this § 215.5 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.11 Records.

(a) Registrants shall maintain records showing the receipt, transfer and disposal of radiation producing machines.

(b) Licensees shall maintain records showing the receipt, transfer and disposal of radioactive material as described in 10 CFR 30.51 (relating to records).

The provisions of this § 215.11 amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239. Immediately preceding text appears at serial page (203799).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.12 Inspections and investigations.

(a) Maintenance of records. Licensees and registrants shall maintain records under this article and have these records available for inspection by the Department at permanent sites for facilities of use identified in a license or registration issued under this article.

(b) Rights of the Department. The Department and its agents and employees will:

(1) Have access to, and require the production of, books, papers, documents and other records and physical evidence pertinent to a matter under investigation.

(2) Require a registrant or licensee to make reports and furnish information as the Department may prescribe.

(3) Enter the premises of a licensee or registrant for the purpose of making an investigation or inspection of radiation sources and the premises and facilities where radiation sources are used or stored, necessary to ascertain the compliance or noncompliance with the act and this chapter and to protect health, safety and the environment.

(4) Secure or lock-down a device if a radiation source is abandoned or poses a threat to public health, safety or the environment.

(c) Inspections and investigations by the Department. The Department, its employees and agents may conduct inspections and investigations of the facilities and regulated activities of registrants of radiation-producing machines and licensees of radioactive material necessary to demonstrate compliance with the act or this article.

(d) Additional inspections and investigations. The Department, its employees and agents may conduct additional follow-up inspections and investigations if violations of the act or regulations promulgated thereunder were noted at the time of the original inspection, or if a person presents information, or circumstances arise which give the Department reason to believe that the health and safety of a person is threatened or that the act or this article are being violated.

The provisions of this § 215.12 amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (333920).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.13 Tests.

Licensees and registrants, upon instruction from the Department, shall perform, or permit the Department to perform, reasonable tests as the Department deems appropriate or necessary including, but not limited to, tests of:

(1) Radiation sources.

(2) Facilities in which radiation sources are used or stored.

(3) Radiation detection and monitoring instruments.

(4) Other equipment and devices in connection with utilization or storage of licensed or registered radiation sources.

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.14 Availability of records.

The following Department records will not be disclosed to the public or to a litigant absent a court order unless the Department determines that disclosure is in the public interest and is necessary for the Department to carry out its duties under the act:

(1) Trade secrets or secret industrial processes customarily held in confidence.

(2) A report of investigation which would disclose the institution, progress or results of an investigation undertaken by or at the direction of the Department or other governmental agency.

(3) Personnel, medical and similar records, the disclosure of which would be reasonably likely to result in a substantial and demonstrable risk of physical harm to or the personal security of an individual.

(4) Location, identification, safeguards, security measures or other security-related information relating to a radiation source.

(5) A record designated as classified by a Federal or State authority.

(6) A record exempt from disclosure under any Federal or State law or regulation, or judicial order or decree.

(7) Any other record maintained by the Department, the disclosure of which may endanger or threaten public health, safety or preparedness.

The provisions of this § 215.14 amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceeding text appears at serial page (333921).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.15 Additional requirements.

The Department may impose upon a person requirements additional to those established in this article which it may deem reasonable and necessary to protect the public health and safety. As an example, when necessary or desirable to determine the extent of an individual’s exposure to concentrations of radioactive material, the Department may require a licensee to provide to the individual appropriate bioassay services, medical services and the services of a qualified expert and to furnish a copy of the reports of these services to the Department.

The provisions of this § 215.15 amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239. Immediately preceding text appears at serial page (203801).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.21 Sale or installation of radiation sources.

No person may sell or install within this Commonwealth a radiation source which does not meet the requirements of this article.

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.22 Prohibited uses.

(a) No person may operate or maintain within this Commonwealth devices or machines which use X-ray or radiologic technology for human nonmedical use without prior written approval of the Department.

(1) A person requesting the Department to approve the nonmedical human use of radiation shall submit written information describing the proposed use to the Department for evaluation.

(2) The Department will consider efficacy of the device or procedure as a factor when evaluating the proposed nonmedical human use of radiation.

(b) Hand-held fluoroscopic screens may not be used.

The provisions of this § 215.22 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333921) to (333922).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.23 Penalties.

A person who violates this article is subject to the civil and criminal penalties in the act. At a minimum, civil penalties may be assessed in an amount sufficient to recover the costs expended by the Department in the correction of the violation or abatement of the resulting radiological nuisance.

The provisions of this § 215.23 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and the Radon Certification Act (63 P.S. § § 2001—2014).

The provisions of this § 215.23 amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears at serial page (304411).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.24 Human use.

(a) No human use of radiation sources may be permitted except under this article, and the following:

(1) Medical Practice Act of 1985 (63 P. S. § § 422.1—422.45).

(2) The Osteopathic Medical Practice Act (63 P. S. § § 271.1—271.18).

(3) The Chiropractic Registration Act of 1951 (63 P. S. § § 601—624).

(4) The Dental Law (63 P. S. § § 120—130g).

(5) The Podiatry Practice Act (63 P. S. § § 42.1—42.21c).

(b) Auxiliary personnel employed by a licensed practitioner of the healing arts at the location at which the licensed practitioner practices or employed by a health care facility may use radiation sources in the healing arts provided those individuals comply with the applicable requirements of 49 Pa. Code Part I, Subpart A (relating to professional and occupational affairs), located in the following chapters:

(1) Chapter 5 (relating to the State Board of Chiropractic).

(2) Chapter 16 (relating to the State Board of Medicine—general provisions).

(3) Chapter 17 (relating to the State Board of Medicine—medical doctors).

(4) Chapter 18 (relating to the State Board of Medicine—practitioners other than medical doctors).

(5) Chapter 25 (relating to the State Board of Osteopathic Medicine).

(6) Chapter 29 (relating to the State Board of Podiatry).

(7) Chapter 33 (relating to the State Board of Dentistry).

(c) Subsection (b) notwithstanding, human use of radiation sources is permitted by individuals enrolled in clinical training programs that satisfy the related accreditation requirements of the boards in subsection (b) and who are under the supervision of a licensed practitioner of the healing arts or of auxiliary personnel authorized under subsection (b) to use radiation sources in the healing arts.

The provisions of this § 215.24 amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333922) to (333923).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.25 Deliberate misconduct.

The requirements under 10 CFR 30.10 (relating to deliberate misconduct) are incorporated by reference. This requirement also applies to registrants.

The provisions of this § 215.25 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.26 Employee protection.

The requirements under 10 CFR 30.7 (relating to employee protection) are incorporated by reference. This requirement also applies to registrants.

The provisions of this § 215.26 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.27 Vacating premises.

In addition to the decommissioning requirements of 10 CFR 30.36 (relating to expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas) that are incorporated by reference under Chapter 217 (relating to licensing of radioactive material), a licensee shall notify the Department in writing of intent to vacate at least 30 days before vacating or relinquishing possession or control of premises which may have been contaminated with radioactive material as a result of the licensee’s activities. When deemed necessary by the Department, the licensee shall decontaminate the premises as the Department may specify.

The provisions of this § 215.27 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.28 Improper use of a monitoring device.

The deliberate exposure of, failure to use, or improper use of, an individual monitoring device or area monitoring device by an individual is prohibited.

The provisions of this § 215.28 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282337).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.31 Granting exemptions.

(a) The Department may grant exemptions from this article on its own initiative or upon application from a licensee when the Department determines that the exemptions do not result in significant risk to the health and safety of the public and safeguards that provide equivalent levels of protection in this article are implemented.

(b) The Department will not grant exemptions to the fee requirements in § 218.11 (relating to registration, renewal of registration and license fees).

The provisions of this § 215.31 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304413).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.32 Exemption qualifications.

The following sources, uses and types of users are exempt from Chapters 216—221, 223—228, 230, 232 and 240:

(1) A United States Department of Energy contractor or subcontractor and an NRC contractor or subcontractor of the following categories operating within this Commonwealth to the extent that the contractor or subcontractor under contract receives, possesses, uses, transfers, owns or acquires radiation sources:

(i) Prime contractors performing work for the United States Department of Energy at United States Government-owned or controlled sites, including the transportation of radiation sources to or from the sites and the performance of contract services during temporary interruptions of the transportation.

(ii) Prime contractors of the United States Department of Energy performing research in, or development, manufacture, storage, testing or transportation of, nuclear weapons or components thereof.

(iii) Prime contractors of the United States Department of Energy using or operating nuclear reactors or other nuclear devices in a United States Government owned vehicle or vessel.

(iv) Other prime contractors or subcontractors of the United States Department of Energy or of the NRC if the Commonwealth and the NRC jointly determine that, under the terms of the contract or subcontract, there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety and that the exemption of the contractor or subcontractor is otherwise appropriate.

(2) Federal government agencies.

(3) Electrical equipment that produces radiation incidental to its operation for other purposes if the dose equivalent rate averaged over an area of 10 square centimeters does not exceed .5 mrem (.005 mSv) per hour at 5 centimeters from an accessible surface. The equipment is not exempt when operated without adequate shielding during testing and servicing if radiation levels exceed those specified. Electron beam welders and electron microscopes are not exempt.

(4) Radiation-producing machines in transit or in storage incident thereto.

(5) A material, product or use specifically exempted from licensing requirements by the NRC, the Department or an agreement state or authorized for distribution to persons exempt from license requirements.

The provisions of this § 215.32 amended November 17, 1995, effective November 18, 1995, 25 Pa.B. 5085; amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceding text appears at serial pages (282337) to (282338).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 215.41 Contact information.

Communications and reports concerning this article and applications filed under it shall be addressed to the Bureau of Radiation Protection, Department of Environmental Protection, Post Office Box 8469, Harrisburg, Pennsylvania 17105-8469; (717) 787-2480; www.dep.pa.gov.

The provisions of this § 215.41 adopted November 17, 1995, effective November 18, 1995, 25 Pa.B. 5085; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304415).

This section cited in 25 Pa. Code § 230.5 (relating to communications).

History

• Authority: The provisions of this Chapter 215 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 215 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

Chapter 216 Registration of Radiation-Producing Machines and Radiation-Producing Machine Service Providers

25 Pa. Code § 216.1 Purpose and scope.

(a) This chapter establishes requirements for the registration of radiation-producing machines and radiation-producing machine service providers. A person who possesses a radiation-producing machine or provides services described in this chapter shall comply with this chapter.

(b) A person possessing an accelerator as defined in § 228.2 (relating to definitions) or a person performing electronic brachytherapy as defined in § 221.2 (relating to definitions) is exempt from the requirements of § 216.2 (relating to registration of radiation-producing machines).

(1) Accelerators are licensed under Chapter 228 (relating to radiation safety requirements for particle accelerators).

(2) Electronic brachytherapy operations are licensed under Chapter 221 (relating to X-rays in the healing arts) and must comply with § § 221.71—221.76 (relating to therapeutic X-ray systems with energies less than 1 MeV).

(c) License fees are specified in § 218.11(d) (relating to registration, renewal of registration and license fees).

The provisions of this § 216.1 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 216.1 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304417) to (304418).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.2 Registration of radiation-producing machines.

(a) A person possessing a radiation-producing machine shall:

(1) Register with the Department within 30 days after acquisition. Registration shall be completed on forms furnished by the Department and shall contain information required on the form and accompanying instructions.

(2) Designate on the registration form an individual to be responsible for radiation protection.

(3) Notify the Department in writing within 30 days of a change in name, address, owner or the individual designated under paragraph (2) to be responsible for radiation protection.

(4) Maintain a written inventory to include, at a minimum, the type and location of all radiation-producing devices.

(5) For registrants offering mobile services, have a current schedule, including the date and location where services are to be performed, available for inspection by the Department.

(b) The registration becomes valid upon receipt of the properly completed registration form and the fee required under Chapter 218 (relating to fees).

(c) A certificate of registration will be issued by the Department to a person whose registration becomes valid under subsection (b).

(d) A registrant shall have the currently valid certificate of registration available for inspection by the Department.

(e) A certificate of registration issued under this chapter may not be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, to any person without submitting a written request by the registrant to the Department.

The provisions of this § 216.2 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P.S. § § 7110.301, 7110.302 and 7110.401); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 216.2 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended January 1, 1988, effective January 2, 1988, 18 Pa.B. 11; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304418).

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); 25 Pa. Code § 216.4a (relating to expiration and termination of certificates of registration); 25 Pa. Code § 216.7 (relating to out-of-State radiation-producing machines); and 25 Pa. Code § 218.11 (relating to registration, renewal of registration and license fees).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.2a Registration of radiation-producing machine service providers.

A person who engages in the business of assembling or installing radiation-producing machines or who offers to assemble or install radiation-producing machines or who is in the business of furnishing or offering to furnish radiation-producing machine servicing or services or who is in the business of selling, leasing or lending radiation-producing machines in this Commonwealth shall apply for registration of the activities with the Department prior to furnishing or offering to furnish those services.

(1) Registration is for 12 months and is renewable.

(2) An application for registration or renewal will not be accepted unless accompanied by the appropriate fee specified in § 218.11(k) (relating to registration, renewal of registration and license fees). Fees are not refundable after issuance of a registration.

(3) An application for registration shall be submitted on forms provided by the Department. The Department will issue a certificate of registration for radiation-producing machine services to the applicant when the application is complete, contains all the information required by the Department and when the appropriate fee specified in § 218.11(k) has been paid.

(4) X-ray registrants who employ in-house service providers are exempt from this section but are subject to the requirements of 21 CFR 1020.30 (relating to diagnostic X-ray systems and their major components).

The provisions of this § 216.2a issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 216.2a adopted July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304418) to (304419).

This section cited in 25 Pa. Code § 216.3 (relating to exemptions); and 25 Pa. Code 216.4a (relating to expiration and termination of certificates of registration).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.2b Reporting and recordkeeping requirements for registered radiation-producing machine service providers.

(a) A radiation-producing machine service provider who installs, services, sells, leases or otherwise transfers a radiation-producing machine or major X-ray system component in this Commonwealth shall submit information to the Department and maintain records as described in this section.

(1) The following information shall be submitted in writing to the Department within 15 days of the action:

(i) The date of installation, service or transfer.

(ii) The name, address, telephone number and registration number, if registered, of the client facility.

(iii) The type of radiation-producing machine, the manufacturer’s name, model number and control panel serial number of each radiation-producing machine, or major X-ray system components involved in the transaction.

(iv) A contact name of the individual for the service action.

(2) A copy of the assembler’s report on United States Food and Drug Administration (FDA) Form 2579, prepared in compliance with the Federal diagnostic X-ray standard (21 CFR 1020.30(d)(1) (relating to diagnostic x-ray systems and their major components)), when completed in full and submitted to the Department within 15 days following the service, satisfies the requirements of paragraph (1) and subsection (d) for services provided under the assembler’s report.

(b) Services performed that do not involve replacement or refurbishing of major X-ray system components are exempt from the reporting requirements specified in this section except subsection (d).

(c) A radiation-producing machine service provider shall maintain a log or other record of radiation-producing machines installed or serviced in this Commonwealth. The record shall be maintained for 5 years for inspection by the Department and shall list the following information:

(1) The date the machine was installed or service provided.

(2) The name of the customer, address, telephone number and customer’s State registration number.

(3) The type of radiation-producing machine, the manufacturer’s name, model number and control panel serial number of each radiation-producing machine or major X-ray system component involved.

(4) The name of the individual performing the service.

(d) A radiation-producing machine service provider who services a radiation-producing machine in a radiation installation in this Commonwealth that is not registered shall report the service to the Department. The report shall be submitted in writing within 15 days after the services and contain the following information:

(1) The date service was provided.

(2) The name, address and telephone number of the client.

(3) The type of radiation-producing machine, the manufacturer’s name, model number and control panel serial number of each radiation-producing machine or major X-ray system component.

(4) The name of the individual performing the service.

(e) A radiation-producing machine service provider shall comply with the requirements of Chapter 219 (relating to standards for protection against radiation).

The provisions of this § 216.2b issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 216.2b adopted July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304419) to (304421).

This section cited in 25 Pa. Code § 216.6 (relating to transfer and disposal obligations).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.3 Exemptions.

The following radiation-producing machines or equipment are exempt from registration:

(1) Electrical equipment that produces radiation incidental to its operation for other purposes, if the dose equivalent rate averaged over an area of 10 square centimeters does not exceed 0.5 mrem (0.005 mSv) per hour at 5 centimeters from an accessible surface. The production, testing or factory servicing of the equipment are not exempt. Electron beam welders and electron microscopes are not exempt.

(2) Radiation-producing machines while in transit in the possession of a transport carrier.

(3) Radiation-producing machines in the possession of vendors, installers or persons engaged in the service or repair of the machines, if applicable persons who have these machines register their activities with the Department under § 216.6 (relating to transfer and disposal obligations).

(4) Accelerators, which are licensed under Chapter 228 (relating to radiation safety requirements for particle accelerators). Accelerator service providers are not exempt from registration of services under § 216.2a (relating to registration of radiation-producing machine service providers).

(5) Electronic brachytherapy operations, which are licensed under Chapter 221 (relating to X-rays in the healing arts) and comply with § § 221.71—221.76 (relating to therapeutic X-ray systems with energies less than 1 MeV).

The provisions of this § 216.3 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 216.3 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceeding text appears at serial page (304421).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.4 Renewal of certificate of registration.

(a) The Department will send an application for renewal of the certificate of registration to the registrant at least 2 months prior to the expiration date on the certificate of registration. The application for renewal will include references to the fee due under § 218.11 (relating to registration, renewal of registration and license fees).

(b) An applicant for renewal of a registration shall submit a signed application and the fee required under § 218.11 prior to the expiration date of the certificate of registration.

(c) The renewal becomes valid upon receipt of the properly completed application and the fee required under Chapter 218 (relating to fees).

The provisions of this § 216.4 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P. S. § § 7110.301, 7110.302 and 7110.401); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 216.4 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended December 31, 1987, effective January 2, 1988, 18 Pa.B. 11; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894. Immediately preceding text appears at serial page (203806).

This section cited in 25 Pa. Code § 216.4a (relating to expiration and termination of certificates of registration); and 25 Pa. Code § 218.11 (relating to registration, renewal of registration and license fees).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.4a Expiration and termination of certificates of registration.

(a) A certificate of registration expires on the date specified on the certificate of registration. Expiration of the certificate of registration does not relieve the registrant from the requirements of this article.

(b) When a registrant decides to terminate all activities involving radiation-producing machines under the certificate of registration, the registrant shall notify the Department immediately, in writing, and request termination of the certificate of registration. This notification and request for termination of the certificate of registration shall be in accordance with subsection (c).

(c) If a registrant does not submit a renewal for a certificate of registration under § 216.4 (relating to renewal of certificate of registration), the registrant shall, on or before the expiration date specified in the certificate of registration, do the following:

(1) Terminate use of all radiation-producing machines subject to registration under § 216.2 (relating to registration of radiation-producing machines) or cease all radiation-producing machine services subject to registration under § 216.2a (relating to registration of radiation-producing machine service providers).

(2) Transfer or dispose of all radiation-producing machines subject to registration under § 216.2 in accordance with § 216.6 (relating to transfer and disposal obligations).

(3) Remit any outstanding registration or renewal of registration fees owed to the Department under § 218.11 (relating to registration, renewal of registration and license fees).

(4) Request termination of the certificate of registration in writing to the Department.

The provisions of this § 216.4a issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 216.4a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (249211) to (249212).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.5 Approval not implied.

No person, in an advertisement, may refer to the fact that radiation-producing machines are registered by the Department nor state that an activity under the registration has been approved by the Department.

The provisions of this § 216.5 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235.

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.6 Transfer and disposal obligations.

(a) A person, distributor, retailer or other agent who, by selling, leasing, lending or gifting, transfers possession of radiation-producing machines or major X-ray system components in this Commonwealth that are not otherwise reported under § 216.2b (relating to reporting and recordkeeping requirements for registered radiation-producing machine service providers), shall notify the Department within 30 days of the following information:

(1) The name and address of persons who have received the machines or components.

(2) The manufacturer, model and serial number of a machine or component transferred.

(3) The date of transfer of a radiation-producing machine or major X-ray system component.

(b) A person who disposes of a radiation-producing machine shall notify the Department within 15 days of the method of disposal used.

The provisions of this § 216.6 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 216.6 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (249212) and (282341).

This section cited in 25 Pa. Code § 216.3 (relating to exemptions); and 25 Pa. Code § 216.4a (relating to expiration and termination of certificates of registration).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 216.7 Out-of-State radiation-producing machines.

(a) If a radiation-producing machine is brought into this Commonwealth for temporary use, the person proposing to do so or an authorized agent shall give written notice to the Department at least 2 working days before the machine enters this Commonwealth. The notice shall include the type of machine, the nature, duration and scope of use and the exact location where the machine is to be used. In addition, the person shall:

(1) Comply with this title.

(2) Supply the Department with other information as the Department may reasonably request.

(3) Not operate within this Commonwealth on a temporary basis in excess of 60 calendar days per year.

(b) If for a specific case, the 2-working-day period would impose an undue hardship, the person, upon application to the Department, may receive a waiver of this requirement.

(c) When a radiation-producing machine is brought into this Commonwealth for temporary use exceeding 60 days per year, a person possessing the machine shall register with the Department under § 216.2 (relating to registration of radiation-producing machines) within 15 days after the 60th day.

The provisions of this § 216.7 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P. S. § § 7110.301, 7110.302 and 7110.401); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 216.7 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended December 31, 1987, effective January 2, 1988, 18 Pa.B. 11; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282341).

This section cited in 25 Pa. Code § 225.5a (relating to reciprocity).

History

• Authority: The provisions of this Chapter 216 issued under section 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 216 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

Chapter 218 Fees

25 Pa. Code § 218.1 Purpose and scope.

(a) This chapter establishes fees for registration and licensing and provides for their payment. For the purpose of this chapter, radiation-producing machines under the same administrative control in a single building are registered or licensed as a single facility. Radiation-producing machines under the same administrative control at the same address or in a contiguous group of buildings may be registered or licensed as a single facility if the Department determines that it is appropriate.

(b) Except as otherwise specifically provided, this chapter applies to a person who:

(1) Is required to register or renew registration for radiation-producing machines or radiation-producing machine service providers under Chapter 216 (relating to registration of radiation-producing machines and radiation-producing machine service providers).

(2) Is an applicant for or holder of a radioactive material license issued under Chapter 217 (relating to licensing of radioactive material).

(3) Is an applicant for or holder of an accelerator license issued under Chapter 228 (relating to radiation safety requirements for particle accelerators).

(4) Is an applicant for or holder of an electronic brachytherapy license issued under Chapter 221 (relating to X-rays in the healing arts).

The provisions of this § 218.1 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 218.1 amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6280; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (342039) to (342040).

History

• Authority: The provisions of this Chapter 218 issued under sections 302 and 401 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 218 adopted December 31, 1987, effective January 2, 1988, 18 Pa.

25 Pa. Code § 218.11 Registration, renewal of registration and license fees.

(a) Annual registration fees for radiation-producing machines are the sum of an annual administrative fee and an annual fee for each X-ray tube or radiation generating device and shall be paid as follows:

(b) A registrant filing an initial registration under § 216.2 (relating to registration of radiation-producing machines) or an application for renewal of a certificate of registration under § 216.4 (relating to renewal of certificate of registration) shall remit the appropriate fee calculated by using the information on the registration or application form and the fee schedule in subsection (a). Fees for any initial registration under § 216.2 are payable upon the filing of the registration. Fees for the renewal of a certificate of registration are payable upon the submission of an application for a renewal of a certificate of registration. If the number of tubes increases after an initial registration or after an application for renewal has been filed with the Department, no additional fee is required until the time of the next registration. Likewise, if the number of tubes decreases during the year, no refund will be made for that year.

(c) Annual license fees for radioactive material shall be paid as set forth in Appendix A (relating to fees for radioactive material licenses).

(1) No refund will be made for termination of a license.

(2) If, by amendment or otherwise, a license changes to another fee category, the fee for the new category will take effect on the anniversary date of the license.

(d) Particle accelerators are licensed under Chapter 228 (relating to radiation safety requirements for particle accelerators). Annual fees are as follows:

(1) Accelerators, below 50 MeV, other than for ion implantation—$2,730 for the first accelerator at the facility plus $910 for each additional unit at that facility.

(2) Accelerators used for ion implantation—$910 plus $90 for each additional unit at the same facility.

(3) Accelerators 50 MeV and above—full cost of staff time to review license applications and conduct inspections as needed. (Hourly rate is $195 per hour). For the purpose of anticipating costs and compliance with subsections (e) and (f), a minimum annual fee of $2,730 for the first accelerator at the facility plus $910 for each additional unit is established. Additional invoices will be issued by the Department at regular intervals at least quarterly when net costs are incurred above the minimum annual fee.

(e) An initial application for a license or reciprocity shall be accompanied by a payment to the Department in accordance with the fee schedules in subsections (c) and (d). Thereafter, the Department will issue an annual fee invoice in accordance with the appropriate fee schedule at least 2 months prior to the license expiration. Fees shall be paid by the last day of the license expiration month as shown on the license fee invoice. This provision is not applicable to full cost recovery licenses specified in Appendix A.

(f) The Department will not accept an initial application for a license prior to payment of the fees required by subsections (c) and (d).

(g) If the registration involves more than one of the facilities in subsection (a), or if a license involves more than one of the categories in subsection (c), the highest applicable fee applies.

(h) The fee schedule in subsection (a) is not applicable to accelerators, emerging technology devices or electronic brachytherapy.

(i) Electronic brachytherapy devices are licensed under Chapter 221 (relating to X-rays in the healing arts). The annual fee is $1,300 for the first unit (controller) at the facility plus $130 for each additional unit at that facility.

(j) Emerging technology devices require Department safety review and approval prior to use. The registrant shall pay a fee equal to the full cost of Department staff time, as specified in Appendix A, for the review and approval process.

(k) A radiation-producing machine service provider shall pay an annual registration fee of $180.

(l) The Department will review the adequacy of the fees established in this section at least once every 3 years and provide a written report to the EQB. The report must identify any disparity between the amount of program income generated by the fees and the costs to administer these programs, and must contain recommendations to increase fees to eliminate the disparity, including recommendations for regulatory amendments to increase program fees.

The provisions of this § 218.11 amended under sections 301, 302 and 401 of the Radiation Protection Act (35 P.S. § § 7110.301, 7110.302 and 7110.401); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 218.11 adopted December 31, 1987, effective January 2, 1988, 18 Pa.B. 11; amended May 3, 1991, effective May 4, 1991, 21 Pa.B. 2005; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6280; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended November 14, 2008, effective January 1, 2009, 38 Pa.B. 6275; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791; amended June 23, 2023, effective 30 days after publication, 53 Pa.B. 3324. Immediately preceding text appears at serial pages (394066) to (394068).

This section cited in 25 Pa. Code § 215.31 (relating to granting exemptions); 25 Pa. Code § 216.1 (relating to purpose and scope); 25 Pa. Code § 216.2a (relating to registration of radiation-producing machine service providers); 25 Pa. Code § 216.4 (relating to renewal of certificate of registration); 25 Pa. Code § 216.4a (relating to expiration and termination of certificates of registration); 25 Pa. Code § 218.11a (relating to special provisions for calculating fees during agreement state transition period); and 25 Pa. Code § 228.21a (relating to notification and license requirements).

History

• Authority: The provisions of this Chapter 218 issued under sections 302 and 401 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 218 adopted December 31, 1987, effective January 2, 1988, 18 Pa.

25 Pa. Code § 218.12 Failure by registrant or licensee to pay required fee.

(a) A registrant or licensee who fails to pay an annual fee required under this chapter shall be subject to the civil and criminal penalties provided under the act.

(b) Nonpayment of fees required by this chapter shall be cause for revocation of licenses or registrations issued by the Department under the act.

The provisions of this § 218.12 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302).

The provisions of this § 218.12 amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6280. Immediately preceding text appears at serial page (249247).

History

• Authority: The provisions of this Chapter 218 issued under sections 302 and 401 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 218 adopted December 31, 1987, effective January 2, 1988, 18 Pa.

Chapter 220 Notices, Instructions and Reports to Workers; Inspections and Investigations

25 Pa. Code § 220.1 Purpose and scope.

This chapter establishes requirements for notices, instructions and reports by licensees or registrants to individuals engaged in activities under a license or registration. This chapter also establishes options available to the individuals in connection with Department inspections of licensees or registrants to ascertain compliance with the provisions of the act and regulations, orders and licenses issued thereunder regarding radiological working conditions. This chapter applies to persons who receive, possess, use, own or transfer radiation sources licensed by or registered with the Department under Chapters 216 and 217 (relating to registration of radiation-producing machines and radiation-producing machine service providers; and licensing of radioactive material).

History

• Authority: The provisions of this Chapter 220 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 220 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 220.2 Posting of notices to workers.

(a) A licensee or registrant shall post current copies of the following documents:

(1) This chapter and Chapter 219 (relating to standards for protection against radiation).

(2) The license, certificate of registration, conditions or documents incorporated into the license by reference and amendments thereto.

(3) The operating procedures applicable to activities under the license or registration.

(4) A notice of violation involving radiological working conditions, proposed imposition of civil penalty or order issued under Chapter 215 (relating to general provisions) and response from the licensee or registrant.

(b) If posting of a document specified in subsection (a)(1), (2) or (3) is not practicable, the licensee or registrant may post a notice which describes the document and states where it may be examined.

(c) Department Form 2900-FM-BRP0003, ‘‘Notice to Employees,’’ shall be posted by a licensee or registrant as required by this article.

(d) Department documents posted under subsection (a)(4) shall be posted within 2 working days after receipt of the documents from the Department; the licensee’s or registrant’s response shall be posted within 2 working days after dispatch from the licensee or registrant. The documents shall remain posted for a minimum of 5 working days or until action correcting the violation has been completed, whichever is later.

(e) Documents, notices or forms posted under this section shall appear in a sufficient number of places to permit individuals engaged in work under the license or registration to observe them on the way to or from the particular work location to which the document applies. The documents, notices or forms shall be conspicuous and shall be replaced if defaced or altered.

The provisions of this § 220.2 amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3283; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304473) to (304474).

History

• Authority: The provisions of this Chapter 220 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 220 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 220.9 Incorporation by reference.

(a) Except as provided in this chapter, the requirements of 10 CFR Part 19 (relating to notices, instructions and reports to workers; inspections and investigations) are incorporated by reference.

(b) Notwithstanding the requirements incorporated by reference, 10 CFR 19.4, 19.5, 19.8, 19.11(b) and (e), 19.14(a), 19.30 and 19.40 are not incorporated by reference.

The provisions of this § 220.9 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended October 31, 2025, effective November 1, 2025, 55 Pa.B. 7500. Immediately preceding text appears at serial page (394079).

History

• Authority: The provisions of this Chapter 220 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 220 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 220.10 Effect of incorporation of 10 CFR Part 19.

To reconcile differences between this chapter and the incorporated sections of 10 CFR Part 19 (relating to notices, instructions and reports to workers; inspection and investigations), the following words and phrases shall be substituted for the language in 10 CFR Part 19 as follows:

(1) A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

(2) A reference to ‘‘NRC or agreement state’’ means Department, NRC or agreement state.

(3) A reference to ‘‘license,’’ ‘‘licenses,’’ ‘‘licensed’’ and ‘‘licensed radioactive material’’ also include ‘‘registration,’’ ‘‘registrant’’ ‘‘registered,’’ and ‘‘registered source of radiation,’’ respectively.

(4) Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR (relating to energy) shall be directed to the Department.

The provisions of this § 220.10 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304475).

History

• Authority: The provisions of this Chapter 220 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 220 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

Chapter 221 X-rays in the Healing Arts

25 Pa. Code § 221.1 Purpose and scope.

This chapter establishes requirements for the use of X-ray equipment by or under the supervision of a licensed practitioner of the healing arts. A registrant or licensee who uses X-rays in the healing arts shall comply with this chapter. This chapter is in addition to, and not in substitution for, other applicable provisions of this article.

The provisions of this § 221.1 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.1 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (333927).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: AAPM—American Association of Physicists in Medicine. Air kerma—Kerma in air. Air kerma rate—Air kerma per unit time. Aluminum equivalent—The thickness of type 1100 aluminum alloy—the nominal chemical composition of type 1100 aluminum alloy is 99% minimum aluminum, 0.12% copper—affording the same attenuation, under specified conditions, as the material in question.

Automatic exposure control—A device which automatically controls one or more technique factors to obtain at preselected locations a desired quantity of radiation.

Beam axis—A line from the source through the centers of the X-ray fields.

Beam-limiting device—A device providing a means to restrict the dimensions of the X-ray field.

CBCT—Cone beam computed tomography—A digital volume tomography method used in some imaging applications using two-dimensional digital detector arrays and a cone-shaped X-ray beam, instead of fan-shaped, that rotates around to generate a high-resolution 3D image with high geometric accuracy. Reconstruction algorithms can be used to generate images of any desired plane.

CINE—Cineradiography—A motion picture record of successive images appearing on a fluoroscopic screen.

CR—Computed radiography—A digital X-ray imaging method in which a photo-stimulable phosphor is used to capture and store a latent image. The latent image is read out by stimulating the phosphor with a laser. CR systems may use cassettes to house the phosphor or it may be integrated into a DR system.

CT—Computed tomography—The production of a tomogram by the acquisition and computer processing of X-ray transmission data.

Cephalometric device—A device intended for the radiographic visualization and measurement of the dimensions of the human head. Certified components—Components of X-ray systems which are subject to regulations promulgated under the Radiation Control for Health and Safety Act of 1968 (42 U.S.C.A. § § 263b—263n). Certified system—An X-ray system which has one or more certified components. Changeable filter—A filter, exclusive of inherent filtration, which can be added to or removed from the useful beam through an electronic, mechanical or physical process.

Coefficient of variation (C)—The ratio of the standard deviation to the mean value of a population of observations. It is estimated using the following equation:

Control panel—The part of the X-ray control upon which are mounted the switches, knobs, pushbuttons and other hardware necessary for manually setting the technique factors. DDR—Direct digital radiography—An X-ray imaging method in which a digital sensor, usually incorporating a thin-film transistor, is used to capture an X-ray image. Some DDR systems use a scintillator to convert X-rays to light and a photodiode array to convert light to charge, while others use a photoconductor to convert X-rays directly to charge, which is stored on the thin-film transistor. DR—Digital radiography—

(i) An X-ray imaging method (or radiography) which produces a digital rather than film projection image.

(ii) The term includes CR and DDR. DRL—Diagnostic reference level—An investigational level, set as a standard by a recognized body (for example, the American College of Radiology, the American Association of Physicists in Medicine, the National Council on Radiation Protection and Measurements or similar), used to identify unusually high radiation doses for common diagnostic medical X-ray imaging procedures. DRLs are suggested action levels above which a facility should review its methods and determine if acceptable image quality can be achieved at lower doses. DRLs should not be applied to an individual patient. Dead-man switch—A switch so constructed that a circuit closing contact can be maintained only by continuous pressure on the switch by the operator. Dental panoramic system—A device intended to produce a radiographic image of both dental arches on one film. Diagnostic source assembly—The tube housing assembly with a beam-limiting device attached. Diagnostic X-ray system—An X-ray system designed for irradiation of a part of the human body for the purpose of diagnosis or visualization. Direct supervision—A licensed practitioner of the healing arts who exercises general supervision and is present in the facility and immediately available to furnish assistance and direction throughout the performance of the procedure. The licensed practitioner does not have to be present in the room when the procedure is being performed. Dose length product—The indicator of the integrated radiation dose from a complete CT examination. It addresses the total scan length by the following formula:

DLP (mGy - cm) = CTDIvol (mGy) x scan length (cm) Electronic brachytherapy—A modality of radiation therapy where an electrically generated source of ionizing radiation is placed in or near the tumor or target tissue to deliver therapeutic radiation dosage. X-ray devices specifically designed and solely used to treat skin cancer lesions are not considered electronic brachytherapy devices under this definition and must meet the applicable parts of this title pertaining to registration and use. Emerging technology—An innovative medical technology that uses an ionizing radiation source. Entrance exposure rate—The exposure in air per unit time at the point where the center of the useful beam enters the patient. FGI—Fluoroscopic-guided interventional procedures—An interventional diagnostic or therapeutic high-risk procedure performed by means of percutaneous or other access routes, usually with local anesthesia or intravenous sedation, which uses external ionizing radiation in the form of fluoroscopy to do all of the following:

(i) Localize or characterize a lesion, diagnostic site or treatment site.

(ii) Monitor the procedure.

(iii) Control and document the procedure. Field emission equipment—Equipment using an X-ray tube in which electrons are emitted from the cathode solely by the force between an electric field and the electrons. Filter—Material placed in the useful beam to modify the spectral energy distribution and flux of the transmitted radiation and preferentially absorb selected radiation. Filtration—The amount of material placed in the useful beam to modify the radiation’s characteristics, typically expressed in terms of millimeters of aluminum or copper equivalent. Fluoroscopic imaging assembly—A subsystem in which X-ray photons produce a fluoroscopic image. The term includes the image receptors such as the image intensifier and spot-film device, electrical interlocks, if any, and structural material providing linkage between the image receptor and diagnostic source assembly. Fluoroscopic system—See fluoroscopic imaging assembly. Focal spot—The area projected on the anode of the X-ray tube by the electrons accelerated from the cathode and from which the useful beam originates. General supervision—The overall direction and control of a licensed practitioner of the healing arts. The licensed practitioner is not required to be present during the performance of the procedure. HVL—Half-value layer—

(i) The thickness of specified material which attenuates the exposure rate by 1/2 when introduced into the path of a given beam of radiation. In this definition, the contribution of all scattered radiation, other than any which might be present initially in the beam concerned, is deemed to be excluded.

(ii) The term is used to describe the penetrating ability of the radiation. Healing arts screening—The testing of human beings using X-ray machines for the detection or evaluation of health indications when the tests are not specifically and individually ordered for the purpose of diagnosis or treatment by a licensed practitioner of the healing arts legally authorized to prescribe the X-ray tests. Health physics—An application of physics concerned with protection of people and the environment from the biological effects of radiation. High-risk procedure—Any radiologic procedure that uses energies of less than 1 million electron volts that could exceed skin doses of 200 rad (2.0 Gy). IORT—Intraoperative radiation therapy—A modality of therapy in which therapeutic levels of ionizing radiation are applied to a target area, such as a cancer tumor, while the area is exposed during surgery. Image intensifier—An image receptor with electronic amplification, installed in its housing, which instantaneously converts an X-ray pattern into a corresponding light image of higher energy density. Image receptor—A device, such as a fluorescent screen or radiographic film, which transforms incident X-ray photons either into a visible image or into another form which can be made into a visible image by further transformations. Intensifying screen—A fluorescent screen which transforms incident X-ray photons into a visible image. Intraoral dental radiography—A modality of dental radiography in which the image receptor is placed inside a patient’s oral cavity. kV—Kilovolts kVp—Peak tube potential (see kilovolts peak). Kerma—A measure of energy transferred from radiation to matter and means kinetic energy released per unit mass. It is related to, but not the same as, absorbed dose. Unit of measure is gray. Kilovolts peak (kVp)—The maximum value of the potential difference across the X-ray tube during an exposure. Lead equivalent—The thickness of lead affording the same attenuation, under specified conditions, as the material in question. Leakage radiation—Radiation emanating from the diagnostic or therapeutic source assembly except for the following:

(i) The useful beam.

(ii) Radiation produced when the exposure switch or timer is not activated. Leakage technique factors—The technique factors associated with the tube housing assembly which are used in measuring leakage radiation defined as follows:

(i) For capacitor energy storage equipment, the maximum-rated peak tube potential and the maximum-rated number of exposures in an hour for operation at the maximum-rated peak tube potential with the charge per exposure being 10 millicoulombs—10 milliampere seconds—or the minimum charge obtainable from the unit, whichever is larger.

(ii) For field emission equipment rated for pulsed operation, the maximum-rated peak tube potential and the maximum-rated number of X-ray pulses in an hour for operation at the maximum-rated peak tube potential.

(iii) For other equipment, the maximum-rated peak tube potential and the maximum-rated continuous tube current for the maximum-rated peak tube potential. Licensed practitioner of the healing arts—An individual licensed by the Commonwealth to practice the healing arts, which for the purposes of this article shall be limited to medicine, surgery, dentistry, osteopathy, podiatry and chiropractic. Light field—The area defined by the intersection of the light beam with a plane parallel with the plane of the image receptor. The edge of the field is defined by the points at which the light intensity is 25% of the maximum light intensity in the plane. Line-voltage regulation—The difference between the no-load and the load line potentials expressed as a percent of the load line potential calculated using the following equation:

Percent line-voltage regulation = 100 (Vn - V1)/V1

where

Vn = No-load line potential and

V1 = Load line potential. Low-risk procedure—Any radiologic procedure that is not a high-risk procedure. mA—Milliampere. mAs—Milliampere second. mR—Milliroentgen. Maximum line current—The root-mean-square current in the supply line of an X-ray machine operating at its maximum rating. Medical physics—An application of physics that addresses the needs of medicine or health care. Subfields of medical physics include the following:

(i) Therapeutic medical physics.

(ii) Diagnostic medical physics or imaging.

(iii) Nuclear medical diagnostic or molecular imaging and therapy.

(iv) Medical health physics or radiation protection. Mobile X-ray system—See X-ray equipment. Patient—An individual subjected to healing arts examination, diagnosis or treatment. Peak tube potential—The maximum value of the potential difference across the X-ray tube during an exposure. Performance phantom—A device specifically approved by the QMP or QE for evaluation of operational conformance with tolerances established by the QMP, QE or manufacturer. Personal supervision—A licensed practitioner of the healing arts who exercises general supervision and is present in the room or adjacent control area during the performance of the procedure. Phototimer—A method for controlling the radiation exposures to an image receptor by measuring the radiation which reaches a radiation monitoring device. The radiation monitoring device is part of an electronic circuit which controls the duration of time the tube is activated. Portable radiation system—See X-ray equipment. Portable X-ray system—See X-ray equipment. Position indicating device (PID)—A device on dental X-ray equipment used to indicate the beam position and to establish a definite source-surface (skin) distance. Positive beam limitation—The automatic or semiautomatic adjustment of an X-ray beam to the size of the selected image receptor, whereby an X-ray exposure cannot be made without an adjustment. Protective apron—An apron incorporating radiation absorbing materials. Protective barrier—A barrier of radiation absorbing material used to reduce radiation exposure. The term includes the following types:

(i) Primary protective barrier—Material used to reduce radiation exposure from the useful beam.

(ii) Secondary protective barrier—Material used to reduce exposure from stray, leakage or scattered radiation. QE—Qualified expert—The term as defined in § 215.2 (relating to definitions). QMP—Qualified medical physicist—An individual who is competent to independently provide clinical professional services and practices only in health or radiological physics, or in the subfields of medical physics.

(i) A QMP meets all of the following credentials:

(A) Certified in the field of medical physics, radiological physics, medical health physics or health physics by an appropriate national certifying body recognized by the Department.

(B) Complies with the certifying body’s requirements for continuing education and recertification.

(C) Provides clinical professional services and practices only in health/radiological physics or in one or more of the subfields of medical physics, consistent with the individual’s training and experience, and in accordance with the individual’s respective certifying body’s code of ethics.

(ii) An individual who does not meet the requirements of subparagraph (i) shall meet each of the following credentials to qualify as a QMP:

(A) Has earned a master’s or doctoral degree, or both, in physics, medical physics, biophysics, radiological physics, health physics or equivalent disciplines from an accredited college or university.

(B) Has 3 years of documented relevant clinical training and experience in each of the subfields in the definition of ‘‘medical physics,’’ under the supervision of a QMP who is qualified to practice in the same subfield, for each of the areas in which the individual intends to practice.

(C) Completes the continuing education requirements of an applicable certifying body of health/radiological physics or in one or more of the subfields of medical physics in which the individual practices.

(iii) An individual who has been practicing as a QMP in health/radiological physics or in one or more of subfields of medical physics for at least 5 years prior to January 24, 2019, is exempt from the requirements of subparagraphs (i) and (ii). Documentation of at least 5 years of practicing as a QMP in health/radiological physics or in one or more of the subfields of medical physics must be maintained for each of the fields or subfields, or both, in which the individual practices. As of January 24, 2019, an individual who qualifies as a QMP under this subparagraph shall meet the continuing education requirements in subparagraph (ii)(C). Radiation therapy simulation system—A radiographic or fluoroscopic X-ray system intended for localizing the volume to be exposed during radiation therapy and confirming the position and size of the therapeutic irradiation field. Radiograph—An image receptor on which an image is created directly or indirectly by an X-ray pattern and results in a permanent record. Radiographic imaging system—A system whereby an image is produced on an image receptor by the action of ionizing radiation. Radiological physics—See health physics. Rating—The operating limits specified by the component manufacturer. Registrant—A person who is legally obligated to register with the Department under this article and the act. Research—One of the following:

(i) Theoretical analysis, exploration or experimentation.

(ii) The extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental testing of models, devices, equipment, materials and processes. The term includes the external administration of X-ray radiation to human beings for diagnostic or therapeutic purposes or in an equivalent manner as a diagnostic or therapeutic procedure. SID—Source-image receptor distance—The distance from the source to the center of the input surface of the image receptor. SRDL—Substantial radiation dose level—An appropriately selected dose used to trigger additional dose-management actions during a procedure and medical follow-up for a radiation level that might produce a clinically relevant injury in an average patient. SSD—The distance between the source and the skin of the patient. Scattered radiation—Radiation that, during passage through matter, has been deviated in direction. Screening—See the definition of ‘‘healing arts screening.’’ Serial radiography—Radiographic images produced in regular sequence. Shutter—A device attached to the tube housing assembly which can totally intercept the useful beam and which has a lead equivalency not less than that of the tube housing assembly. Source—The focal spot of the X-ray tube. Specific prescription—A written or oral directive authorizing a radiographic or fluoroscopic examination of a specified individual. Spot check—A procedure to assure that a previous calibration continues to be valid. Spot film—A radiograph which is made during a fluoroscopic examination to permanently record conditions which exist during that fluoroscopic procedure. Spot-film device—A device intended to transport or position a radiographic image receptor between the X-ray source and fluoroscopic image receptor. The term includes a device intended to hold a cassette in front of the input end of an image intensifier for the purpose of making a radiograph. Stray radiation—The sum of leakage and scattered radiation. Technique factors—The following conditions of operation:

(i) For capacitor energy storage equipment, peak tube potential in kV and quantity of charge in mAs.

(ii) For field emission equipment rated for pulsed operation, peak tube potential in kV, number of X-ray pulses and either tube current or product of tube current and time.

(iii) For other equipment, peak tube potential in kV and either tube current in mA and exposure time in seconds or the product of tube current and exposure time in mAs. Therapeutic X-ray system—A system design for irradiation of a part of the human body for the purpose of treatment or alleviation of symptoms of disease. Timer—An electronic device which is capable of measuring an X-ray exposure. Tube—An X-ray tube, unless otherwise specified. Tube housing assembly—The tube housing with the X-ray tube installed. The term includes high-voltage or filament transformers, or both, and other appropriate elements when contained within the tube housing. Unintended dose—A radiation dose in diagnostic or interventional X-ray resulting from an error in procedure or equipment malfunction. Useful beam—The radiation which passes through the tube housing port and the aperture of the beam-limiting device when the exposure switch or timer is activated. Visible area—The portion of the input surface of the image receptor over which incident X-ray photons are producing a visible image. Wedge filter—An added filter effecting continuous progressive attenuation on all or part of the useful beam. X-ray control—A device which controls input power to the X-ray high-voltage generator or the X-ray tube, or both. The term includes equipment such as timers, phototimers, automatic brightness stabilizers and similar devices, which control the technique factors of an X-ray exposure. X-ray equipment—An X-ray system, subsystem or component thereof. Types of X-ray equipment are as follows:

(i) Mobile X-ray equipment—X-ray equipment mounted on a permanent base with wheels or casters for moving while completely assembled.

(ii) Portable X-ray equipment—X-ray equipment designed to be hand-carried.

(iii) Stationary X-ray equipment—X-ray equipment which is installed in a fixed location or vehicle. X-ray field—The area defined by the intersection of the useful beam with a plane parallel with the plane of the image receptor. The edge of the field is defined by the points at which the exposure rate is 25% of the maximum exposure rate in the plane. X-ray high-voltage generator—A device which transforms electrical energy from the potential supplied by the X-ray control to the tube operating potential. X-ray subsystem—A combination of two or more components of an X-ray system. X-ray system—An assembly of components for the controlled production of X-rays. The term includes minimally an X-ray high-voltage generator, an X-ray control, a tube housing assembly, a beam-limiting device and the necessary supporting structures. Additional components which function with the system are considered integral parts of the system. X-ray tube—An electron tube which is designed to be used primarily for the production of X-rays.

The provisions of this § 221.2 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and the Radon Certification Act (63 P.S. § § 2001—2014).

The provisions of this § 221.2 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333927) to (333934).

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); 25 Pa. Code § 219.229 (relating to diagnostic or interventional procedure medical reports); 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems); 25 Pa. Code § 221.201 (relating to definitions); and 25 Pa. Code § 227a.2 (relating to definitions).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.11 Registrant responsibilities.

(a) The registrant is responsible for directing the operation of X-ray systems under his administrative control and shall assure that the requirements of this article are met in the operation of the X-ray systems.

(b) An individual who operates an X-ray system shall be instructed adequately in the safe operating procedures and be competent in the safe use of the equipment. The instructions shall include items included in Appendix A (relating to determination of competence) and there shall be continuing education in radiation safety, biological effects of radiation, quality assurance and quality control.

(1) The operator or the individual who supervises the operation of a high-risk procedure shall have additional instruction, which may include certification or registration in the applicable specialty by a professional organization recognized by the Department. Continuing education for high-risk procedures shall occur, at a minimum, every 2 years.

(2) Continuing education for all other (low-risk) procedures shall occur, at a minimum, every 4 years.

(c) Protocol information, which specifies the techniques for examinations performed with the system, shall be provided in the vicinity of each diagnostic X-ray system’s control panel. The protocol shall include information pertinent to the particular examination, such as:

(1) The patient’s body part and anatomical size, or body part thickness, or age (for pediatrics), versus technique factors to be utilized.

(2) The type and size of the image receptor or film-screen combination.

(3) The type of grid, if any.

(4) The type and location of placement of patient shielding, for example, gonad, and the like.

(5) For mammography, indication of kVp/target/filter combination.

(6) Source to image receptor distance to be used, except for dental intraoral radiography.

(d) Written safety procedures and rules shall be available at a facility including restrictions of the operating technique required for the safe operation of the particular X-ray system. The operator shall be able to demonstrate familiarity with the rules.

(e) Except for patients who cannot be moved out of the room, only the staff and ancillary personnel or other persons required for the medical procedure or training shall be in the room during the radiographic exposure. The following apply for individuals other than the patient being examined:

(1) Individuals shall be positioned so that no part of the body will be struck by the useful beam unless protected by at least 0.5 millimeter lead equivalent material. The lead equivalent of the material is to be determined at 60 kV.

(2) All persons required for the medical procedure shall be protected from the stray radiation by protective aprons or whole protective barriers of at least 0.25 millimeter lead equivalent or shall be so positioned that the persons are not in the direct line of the useful beam and the nearest portion of the body is at least 2 meters from both the tube head and the nearest edge of the image receptor.

(3) A patient who cannot be removed from the room shall be protected from the stray radiation by protective barriers of at least 0.25 millimeter lead equivalent material unless the shield would compromise the health of the individual or shall be so positioned that the patient is not in the direct line of the useful beam and the nearest portion of the body is at least 2 meters from both the tube head and the nearest edge of the image receptor.

(4) No individual, other than the patient being examined, may be in the useful beam, unless required to conduct the procedure.

(f) During diagnostic procedures in which the gonads are in the useful beam, gonad shielding of at least 0.5 millimeter lead equivalent shall be used for patients except for cases in which this would interfere with the diagnostic procedure.

(g) An individual may not be exposed to the useful beam except for healing arts purposes or under § 221.15 (relating to use of X-rays in research on humans). An exposure shall be authorized by a licensed practitioner of the healing arts. This provision specifically prohibits deliberate exposure for the following purposes:

(1) Exposure of an individual for training, demonstration or other nonhealing arts purposes.

(2) Exposure of an individual for the purpose of healing arts screening except as authorized by the Department. When requesting authorization, the registrant shall submit the information outlined in § 221.13 (relating to information to be submitted by persons requesting approval to conduct healing arts screening).

(h) If a patient or image receptor requires auxiliary support during a radiation exposure the following apply:

(1) Mechanical holding devices shall be used when the technique permits.

(2) The human holder shall be protected as required by subsection (e).

(3) An individual may not be used routinely to hold image receptors or patients.

(i) Procedures and auxiliary equipment designed to minimize patient and personnel exposure commensurate with the needed diagnostic information shall be utilized.

(j) The screen and film system used shall be spectrally compatible. Defective screens may not be used for diagnostic radiological imaging.

(k) With the exception of intraoral dental radiography, film may not be used without intensifying screens for routine diagnostic radiological imaging.

(l) The registrant shall have a quality assurance program. This quality assurance program shall be documented and be in accordance with guidelines established by the Department or by another appropriate organization recognized by the Department. At a minimum, the quality assurance program shall address repeat rate, DRLs, image recording, processing and viewing, image quality and artifacts, and maintenance and modifications to the quality assurance program. For CT, each study shall be checked. If an artifact is present, the registrant shall take corrective action as appropriate. Records shall be maintained by the registrant for inspection by the Department for 5 years. The Department’s guidelines and a list of recognized organizations will be maintained and made available on the Department’s website and on request.

(m) Neither the X-ray tube housing nor the collimating device may be handheld during the exposure unless specifically designed to be handheld.

(n) Functional damage to a patient organ or a physiological system that results from a prescribed causative procedure shall be reported to the Department as outlined in § 219.229 (relating to diagnostic or interventional procedure medical reports).

(o) The registrant shall maintain records documenting the QMP’s qualifications and compliance with continuing education requirements.

The provisions of this § 221.11 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.11 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333934), (304487) to (304488) and (333935).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems); and 25 Pa. Code § 221.42a (relating to control of scattered radiation).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.12 Records, maintenance and associated information.

The registrant shall maintain records of surveys, calibrations, maintenance and modifications performed on the X-ray systems including the names of persons who performed the services. The registrant shall keep these records for inspection by the Department for 5 years.

The provisions of this § 221.12 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.12 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894. Immediately preceding text appears at serial page (123681).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.13 Information to be submitted by persons requesting approval to conduct healing arts screening.

(a) The Department will consider efficacy as a factor in evaluating healing arts screening procedures. In its review, the Department will consider National medical organization consensus statements as well as peer reviewed scientific and medical literature that addresses the efficacy of the proposed screening procedures. The review may also consider relevant information from appropriate Federal agencies. For procedures that result in an individual organ dose or deep dose equivalent greater than 1 mSv (100 mrem) to a screened individual the Department will consult with the Department of Health (DOH) for assistance in reviewing the efficacy of the proposed procedures but the final decision will remain that of the Department. The DOH will have access to all relevant materials when rendering its review.

(b) A person requesting that the Department approve a healing arts screening program other than mammography shall submit in writing the following information for evaluation by the Department. If information submitted to the Department becomes invalid or outdated, the registrant shall immediately notify the Department.

(1) The name and address of the applicant and, if applicable, the names and addresses of agents within this Commonwealth.

(2) The diseases or conditions for which the X-ray examinations are to be used.

(3) The description in detail of the X-ray examinations proposed in the screening program.

(4) A description of the population to be examined in the screening program—age, sex, physical condition and other appropriate information.

(5) An evaluation of all known alternate methods that could achieve the goals of the screening program and why these methods are not used in preference to the proposed X-ray examinations.

(6) An evaluation by a qualified expert of the X-ray systems to be used in the screening program. The evaluation must show that the systems satisfy the requirements of this article. The evaluation must include a measurement of patient entrance exposures and calculation of the maximum shallow dose, deep dose equivalent and organ dose from the X-ray examinations to be performed.

(7) A description of the diagnostic X-ray quality control program.

(8) A copy of the technique chart for the X-ray examination procedures to be used if exposure parameters are set manually or a description of how exposure parameters are determined.

(9) The qualifications of all individuals who will be operating the X-ray systems.

(10) The qualifications of the physician who will be supervising the operators of the X-ray systems. The extent of supervision and the method of work performance evaluation shall be specified.

(11) The name, address and qualifications of the individual who will interpret the screening procedure results.

(12) A description of the information and procedure for advising the individuals screened of the potential for false positive or negative results and the implications for the patient; the procedure for recording informed consent for the procedure following disclosure of this information; and the procedure for advising the individuals screened and their private practitioners of the healing arts of the results of the screening procedure and further medical needs indicated.

(13) A description of the procedures for the retention or disposition of the diagnostic images, data and other records pertaining to the X-ray examination.

(14) An approximation of the frequency of screening activities and duration of the entire screening program.

(c) Mammography facilities shall comply with 21 CFR Part 900 (relating to mammography).

The provisions of this § 221.13 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and the Radon Certification Act (63 P. S. § § 2001—2014).

The provisions of this § 221.13 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears at serial pages (304489) to (304491).

This section cited in 25 Pa. Code § 221.11 (relating to registrant responsibilities); and 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.15 Use of X-rays in research on humans.

(a) Registrants conducting research using X-rays involving human subjects are exempted from the requirements of this section if the research is conducted, funded, regulated or supported by a Federal agency which has implemented the Federal policy for the protection of human subjects or if the research is carried out in an institution which conducts other Federally funded or supported human research and follows all Federal requirements for protocol review and research subject protection.

(b) If not exempted under subsection (a), a person shall submit, in writing, the following information and evaluation to the Department and receive approval by the Department before conducting the research. If the information submitted to the Department becomes invalid or outdated, the person shall immediately, in writing, notify the Department.

(1) The name and address of the applicant and, if applicable, the names and addresses of agents within this Commonwealth.

(2) A description of the population to be examined in the research program, age, sex, physical condition and other appropriate information.

(3) An evaluation of all known alternate methods that could achieve the goals of the research program and why these methods are not used in preference to the X-ray examinations.

(4) An evaluation by a qualified expert of the X-ray system to be used in the research program. This evaluation shall show that the system satisfies the requirements of this article. The evaluation shall include a projected measurement of individual and cumulative patient exposures from the X-ray examinations to be performed.

(5) A description of the diagnostic X-ray quality control program.

(6) A copy of the technique chart which specifies the information for the X-ray examination procedures to be used if exposure parameters are set manually or a description of how exposure parameters are determined.

(7) The qualifications of all individuals who will be operating the X-ray system.

(8) The qualifications of the physician who will be supervising the operators of the X-ray systems. The extent of supervision and the method of work performance evaluation shall be specified.

(9) The name, address and qualifications of the individual who will interpret the data.

(10) A copy of the research protocol authorized by a committee consisting of at least three qualified persons. At least one of the committee members shall be knowledgeable in radiation effects on humans.

(11) The provisions for independent institutional review.

(c) Proposed subjects or their legal representative shall sign a statement acknowledging that they have been informed of their anticipated radiation exposure and possible consequences arising from this exposure.

The provisions of this § 221.15 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.15 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3238. Immediately preceeding text appears at serial pages (249287) to (249288).

This section cited in 25 Pa. Code § 221.11 (relating to registrant responsibilities); and 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.16 Training, competency and continuing education.

(a) Training and competency. The registrant shall ensure that:

(1) An individual who operates X-ray equipment during diagnostic or interventional procedures or supervises the operation of X-ray equipment during a procedure is trained and competent in all of the following subject areas, as applicable to the procedures performed and the specific equipment utilized:

(i) Basic properties of radiation.

(ii) Units of measurement.

(iii) Sources of radiation exposure.

(iv) Methods of radiation protection for patients and others.

(v) Biological effects of radiation exposure.

(vi) Facility-specific and modality-specific X-ray equipment.

(vii) Facility-specific and modality-specific image recording and processing.

(viii) Patient exposure and positioning.

(ix) Facility-specific and modality-specific procedures.

(x) Facility-specific and modality-specific quality assurance.

(xi) Facility-specific and modality-specific dose reduction, monitoring and recording procedures.

(xii) Units of measurement and dose, such as dose-area product values, CT dose index and air kerma.

(xiii) Factors affecting fluoroscopic outputs.

(xiv) High-level control options.

(xv) Dose management including dose reduction techniques, monitoring and recording.

(xvi) Principles and operation of the specific fluoroscopic X-ray system to be used.

(xvii) Fluoroscopic and fluorographic outputs of each mode of operation on the system to be used clinically.

(xviii) Applicable State and Federal regulations.

(2) An individual who operates X-ray equipment during potentially high-risk diagnostic or interventional procedures or supervises the operation of X-ray equipment during these procedures is registered or credentialed and privileged in the applicable specialty by a professional organization recognized by the Department.

(3) Documentation demonstrating compliance with this section is maintained for inspection by the Department.

(b) Continuing education.

(1) The registrant shall ensure that individuals who operate X-ray equipment during diagnostic or interventional procedures or supervise the operation of X-ray equipment during a procedure complete continuing education in biological effects of radiation, quality assurance and quality control, and radiation safety, including concepts for minimizing patient and occupational dose and emerging technologies.

(i) An individual who performs low-risk procedures shall complete continuing education every 4 years.

(ii) An individual who performs high-risk procedures shall complete continuing education every 2 years. In addition to the topics in this paragraph, the continuing education must include facility and X-ray unit-specific methods to manage patient dose.

(2) Documentation of continuing education must be maintained for inspection by the Department for 5 years.

The provisions of this § 221.16 issued under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 221.16 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

This section cited in 25 Pa. Code § 221.35a (relating to flouroscopic X-ray systems); 25 Pa. Code § 221.64 (relating to CBCT); and 25 Pa. Code § 221.205 (relating to operating procedures).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.21 Diagnostic equipment requirements.

(a) Diagnostic systems incorporating one or more certified components shall comply with 21 CFR 1020.30—1020.33.

(b) Equipment registered after January 24, 2019, must comply with 21 CFR 1010.2 (relating to certification).

The provisions of this § 221.21 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.21 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304493).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.22 Battery charge indicator.

On battery-powered X-ray generators, the control panel shall have means to indicate visually whether the battery is adequately charged for proper operation.

The provisions of this § 221.22 amended under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.22 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235. Immediately preceding text appears at serial page (4882).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.23 Leakage radiation from the diagnostic source assembly.

The leakage radiation from the diagnostic source assembly measured at a distance of 1 meter in any direction from the source may not exceed 100 milliroentgens (25.8 µC/kg) in 1 hour when the X-ray tube is operated at its leakage technique factors. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

The provisions of this § 221.23 amended under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.23 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235. Immediately preceding text appears at serial page (4882).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.24 Radiation from components other than the diagnostic source assembly.

The radiation emitted by a component other than the diagnostic source assembly may not exceed 2 milliroentgens (.516 µC/kg) in 1 hour at 5 centimeters from an accessible surface of the component when it is operated in an assembled X-ray system under conditions for which it was designed. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

The provisions of this § 221.24 amended under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.24 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235. Immediately preceding text appears at serial pages (4882) to (4883).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.25 Beam quality.

(a) Diagnostic X-ray systems shall have filtration that satisfies the requirements of Table I. The requirements of this section shall be considered to have been met if it can be demonstrated that the half value layer of the primary beam is not less than that shown in Table II.

1 Dental X-ray systems designed for use with intraoral image receptors and manufactured after December 1, 1980.

2 Dental X-ray systems designed for use with intraoral image receptors and manufactured before or on December 1, 1980, and all other X-ray systems subject to this section and manufactured before June 10, 2006.

3 All X-ray systems, except dental X-ray systems designed for use with intraoral image receptors, subject to this section and manufactured on or after June 10, 2006.

Note: Half-value layers for kilovoltages not listed in Table II may be determined by interpolation or extrapolation.

(b) Beryllium window tubes shall have a minimum of 0.5 millimeter aluminum equivalent filtration permanently installed in the useful beam.

(c) For capacitor energy storage equipment, compliance with this section shall be determined with the maximum quantity of charge per exposure.

(d) The required minimal aluminum equivalent filtration shall include the filtration contributed by materials which are always present between the source and the patient.

(e) For X-ray systems having variable filtration in the useful beam, a means shall be provided to prohibit exposure unless the filtration requirements of subsection (a) are met for the kVp selected.

The provisions of this § 221.25 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.25 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3238; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304494) to (304496).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.26 Multiple tubes.

If two or more radiographic tubes are controlled by one exposure switch, the tube or tubes which have been selected shall be clearly indicated prior to initiation of the exposure. This indication shall be both on the X-ray control panel and at or near the tube housing assembly which has been selected.

The provisions of this § 221.26 issued under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.26 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235.

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.27 Mechanical support of tube head.

The tube housing assembly supports shall be adjusted so that the tube housing assembly will remain stable during an exposure unless tube housing movement is a designed function of the X-ray system.

The provisions of this § 221.27 issued under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.27 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235.

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.28 Technique indicators.

(a) The technique factors for radiographic systems shall be indicated before exposure except for units utilizing automatic exposure controls, in which case the maximum mAs shall be indicated.

(b) The requirement of subsection (a) may be met by permanent markings on equipment having fixed technique factors. Indication of technique factors shall be visible from the operator’s position except in the case of spot films made by a fluoroscopist.

The provisions of this § 221.28 issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.27 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894. Immediately preceding text appears at serial page (123686).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.29 Kilovoltage (kV) accuracy.

(a) For variable kV units, the kV output may not vary from the set-indicated value by more than 10% over the range of technique factors normally used. Discrepancies of more than 10% between set-indicated and measured kV values shall be investigated by a qualified expert or service agent and appropriate action taken.

(b) For fixed kV units, the kV output may not vary from the set-indicated value by more than 20% over the range of technique factors normally used. Discrepancies of more than 20% between set-indicated and measured kV values shall be investigated by a qualified expert or service agent and appropriate action taken.

The provisions of this § 221.29 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.29 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceding text appears at serial pages (285672) to (285673).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.30 Exposure reproducibility.

The coefficient of variation of exposure reproducibility may not exceed 0.10 when technique factors are held constant. This requirement shall be deemed to have been met when four exposures are made. This requirement applies when either manual techniques or automatic exposure control is used.

The provisions of this § 221.30 issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); and the Radon Certification Act (63 P. S. § § 2001—2014).

The provisions of this § 221.30 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears on serial page (304498).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.31a Locks.

Position locking, holding and centering devices on X-ray systems shall function as intended.

The provisions of this § 221.31a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.31a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.32a Radiographic beam limitation.

(a) The useful beam shall be limited to the area of clinical interest.

(b) The beam limiting device shall do one of the following:

(1) Indicate numerically the field size in the plane of the image receptor to which it is adjusted to within 2% of the SID.

(2) Provide for visually defining the perimeter of the X-ray field except for systems designed for one image receptor size. The total misalignment of the edges of the visually defined field with the respective edges of the X-ray field may not exceed 2% of the distance from the source to the center of the visually defined field when the surface upon which it appears is perpendicular to the axis of the X-ray beam.

(c) A means shall be provided for stepless (continuous) adjustment of the size of the X-ray field except for systems which use removable fixed operation beam limiting devices.

(d) A means shall be provided to:

(1) Indicate when the axis of the X-ray beam is perpendicular to the plane of the image receptor if the angle between the axis of the X-ray beam and the plane of the image receptor is variable. This paragraph does not apply to portable, mobile or intraoral dental units.

(2) Align the center of the X-ray field with respect to the center of the image receptor to within 2% of the SID.

(3) Indicate the SID to within 2%.

(e) Intraoral dental X-ray systems designed for use with an intraoral image receptor shall be provided with means to limit SSD to not less than either of the following:

(1) Eighteen centimeters if operable above 50 kVp.

(2) Ten centimeters if not operable above 50 kVp.

(f) Indication of field size dimensions and SIDs shall be specified so that aperture adjustments result in X-ray field dimensions in the plane of the image receptor which correspond to those indicated by the beam-limiting device to within 2% of the SID when the beam axis is indicated to be perpendicular to the plane of the image receptor.

(g) Intraoral dental systems designed for use with an intraoral image receptor shall be provided with a means to limit the X-ray beam so that:

(1) Eighteen centimeters or more, the X-ray field at the minimum SSD shall be containable in a circle having a diameter of no more than 7 centimeters.

(2) Less than 18 centimeters, the X-ray field at the minimum SSD shall be containable in a circle having a diameter of no more than 6 centimeters.

(h) When positive beam limitation is used, the following conditions shall be met:

(1) The radiation beam may not be larger than the linear dimensions of the image receptor being used.

(2) The positive beam limitation device shall allow the operator to further reduce the size of the radiation field.

(i) Mobile or portable X-ray systems, other than intraoral dental X-ray systems, shall be provided with a means to limit the source-to-skin distance to at least 30 centimeters.

(j) Radiographic equipment designed for one or more image receptor sizes at a fixed SID shall be provided with a means to accomplish one of the following:

(1) Limit the field at the plane of the image receptor to dimensions no greater than those of the image receptor and align the center of the X-ray field with the center of the image receptor to within 2% of the SID.

(2) The X-ray field shall be sized and aligned so that at the plane of the image receptor, it does not extend beyond the edge of the image receptor by more than 2% of the SID.

The provisions of this § 221.32a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20) and the Radon Certification Act (63 P. S. § § 2001—2014).

The provisions of this § 221.32a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243. Immediately preceding text appears at serial pages (304499) and (304500).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.33a Radiation from capacitor energy storage equipment in standby status.

Radiation emitted from an X-ray tube when the exposure switch or timer in not activated may not exceed a rate of 2 milliroentgens (0.516 µC/kg) per hour at 5 centimeters from an accessible surface of a fully charged diagnostic source assembly, with the beam-limiting device fully open.

The provisions of this § 221.33a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.33a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282. Immediately preceding text appears at serial pages (249295) to (249296).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.34a Radiation exposure control.

(a) Radiation exposure control. A means shall be provided to initiate the radiation exposure by a deliberate action on the part of the operator, such as the depression of a switch. Radiation exposure may not be initiated without such an action.

(b) Visual indication and audible signal. A means shall be provided for visual indication observable from the operator’s protected position whenever X-rays are produced. In addition, a signal audible to the operator shall indicate that the exposure has terminated.

(c) Termination of exposure. A means shall be provided to terminate the exposure at a preset time interval, preset product of current and time, a preset number of pulses or a preset radiation exposure to the image receptor. Except for dental panoramic systems, termination of an exposure shall cause automatic resetting of the time to its initial setting or to ‘‘zero.’’

(d) Manual exposure control. An X-ray control shall be incorporated into each X-ray system which allows the operator to terminate an exposure at any time except for one or more of the following:

(1) Exposure of 1/2 second or less.

(2) During serial radiography in which case a means shall be provided to permit completion of any single exposure of the series in process.

(e) Automatic exposure control.

(1) Indication shall be made on the control panel when this mode of operation is selected.

(i) A means shall be provided to terminate irradiation at an appropriate exposure for the projection if the automatic exposure control fails to terminate irradiation.

(ii) A visible signal shall indicate when an exposure has been terminated at the limits required by subparagraph (i), and manual resetting shall be required before further automatically timed exposures can be made.

(2) For X-ray systems operating in automatic exposure control mode, and which lack engineered safeguards that prevent exposure in the event of either a malfunction or a mispositioned X-ray beam with respect to film cassette sensors, the back-up or default mAs shall be set by the operator to an appropriate maximum value for the projection.

(3) X-ray systems utilizing automatic exposure control, in which the back-up mAs values are preset and cannot be selected by the operator, shall prominently indicate the preset mAs value on the console, along with an appropriate warning notice to the operator.

(f) Exposure control location.

(1) Stationary X-ray systems shall have X-ray controls permanently mounted in a protected area and situated so that the operator is required to remain in that protected area during the entire exposure.

(2) For mobile and portable X-ray systems the exposure switch shall be arranged so that the operator can stand at least 2 meters from the patient and from the tube head and away from the direction of the useful X-ray beam.

The provisions of this § 221.34a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.34a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.35a Fluoroscopic X-ray systems.

(a) General requirements. Fluoroscopic X-ray systems shall use an image intensifier and, in addition to the requirements of § § 221.1—221.34a, shall meet the requirements of § § 221.36a—221.38a (relating to limitation of useful beam of fluoroscopic equipment; activation of fluoroscopic tube; and entrance exposure rate).

(b) Operator qualifications. In addition to the applicable sections of these regulations, the operation of a fluoroscopic X-ray system for clinical purposes is limited to:

(1) A licensed practitioner working within his scope of practice.

(2) A Department-recognized radiologist assistant working within his scope of practice and under the direct supervision of a licensed practitioner working within his scope of practice.

(3) An individual who passed the American Registry of Radiologic Technologists exam or equivalent, holds a valid certification and is under the personal supervision of a licensed practitioner working within his scope of practice.

(4) A medical resident, radiologist assistant or radiologic technology student in training who is under the personal supervision of a licensed practitioner working within his scope of practice.

(c) QMP evaluations. Fluoroscopic equipment shall be evaluated by or under the direction of a QMP within 30 days after installation and after any maintenance of the system that may affect the exposure rate. Thereafter, evaluations shall be made at intervals not to exceed 14 months from the date of the prior evaluation by or under the direction of a QMP. At a minimum, evaluations shall include all of the following:

(1) A measurement of entrance exposure rates over a representative range of attenuating materials in all modes clinically used, including fluoroscopy, high-level control, acquisition and CINE, when available. Measurements shall be performed with a dosimetry system calibrated within 2 years preceding the measurements. Records of these output measurements shall be maintained for 5 years for inspection by the Department. Measurements shall be made as follows:

(i) For systems without automatic exposure control, by utilizing an mA and kVp typical of the clinical use of the fluoroscopic system.

(ii) For systems with automatic exposure control, by utilizing sufficient attenuating material in the useful beam to produce an mA and kVp typical of the clinical use of the fluoroscopic system.

(2) A measurement and verification of compliance with maximum air kerma rate for fluoroscopy and high-level control, if available.

(3) An evaluation of high-contrast resolution and low-contrast resolution in both fluoroscopic and spot-film or digital acquisition modes.

(4) An evaluation of the operation of the 5-minute timer, warning lights, interlocks and collision sensors.

(5) An evaluation of the beam quality.

(6) An evaluation of the collimation in the fluoroscopy and spot-film or digital acquisition modes.

(7) An evaluation of the availability and accuracy of technique indicators and integrated radiation dose displays.

(8) An evaluation of any changes that may impact patient and personnel exposure.

(d) Additional requirements for facilities performing FGI.

(1) The registrant utilizing FGI studies shall establish and implement written procedures, or procedures documented in an electronic reporting system, that include all of the following:

(i) Identification of individuals who are authorized to use fluoroscopic systems for interventional purposes.

(ii) A method to be used to monitor patient radiation dose during FGI.

(iii) Dose notification levels, as appropriate, at which the physician is notified for actions that may be taken for patient safety.

(iv) SRDL values referencing or consistent with nationally-recognized standards.

(v) Actions to be taken for cases when an SRDL is exceeded, which may include patient follow-up.

(vi) A review of the established procedures at an interval not to exceed 12 months.

(2) Records of policies and procedures shall be maintained for inspection by the Department. If the registrant revises a policy or procedure, documentation shall be maintained that includes the justification for the revision.

(3) A record of radiation output information shall be maintained so the radiation dose to the skin may be estimated in accordance with established protocols. The record must include all of the following:

(i) Patient identification.

(ii) Type and date of examination.

(iii) Identification of the fluoroscopic system used.

(iv) Peak skin dose, cumulative air kerma or dose area product used if the information is available on the fluoroscopic system.

(4) If the peak skin dose, cumulative air kerma or dose area product is not displayed on the fluoroscopic system, records must include other information necessary to estimate the radiation dose to the skin in accordance with established protocol or one or more of the following:

(i) Fluoroscopic mode, such as high-level or pulsed mode of operation.

(ii) Cumulative fluoroscopic exposure time.

(iii) Number of films or recorded exposures.

(5) The registrant shall maintain records for 5 years for inspection by the Department.

The provisions of this § 221.35a issued and amended under sections 301 and 302 of the Radiation Protection Act (31 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.35a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304503).

This section cited in 25 Pa. Code § 221.43a (relating to mobile fluoroscopes); and 25 Pa. Code § 221.61 (relating to radiation therapy simulation systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.36a Limitation of useful beam of fluoroscopic equipment.

(a) The fluoroscopic imaging assembly shall be provided with a primary protective barrier which intercepts the entire cross section of the useful beam at any source-to-image receptor distance.

(b) The X-ray tube used for fluoroscopy may not produce X-rays unless a barrier is in position to intercept the useful beam and the imaging device is in place and operable.

(c) A means shall be provided for stepless (continuous) adjustment of the field size.

(d) The minimum field size at the greatest source to image receptor distance shall be containable in a square of 5 centimeters by 5 centimeters unless otherwise provided in 21 CFR 1020.32(b) (relating to fluoroscopic equipment).

(e) Equipment may not be operated at a source to skin distance less than 30 centimeters or as required under 21 CFR 1020.32(g).

(f) The width of the X-ray field in the plane of the image receptor may not exceed that of the visible area of the image receptor by more than 3% of the source to image receptor distance. The sum of the excess length and the excess width may not be greater than 4% of the source to image receptor distance.

(g) For rectangular X-ray fields used with a circular image receptor, the error in alignment shall be determined along the length and width dimensions of the X-ray field which passes through the center of the visible area of the image receptor.

(h) Compliance with subsections (a)—(g) shall be determined with the beam axis perpendicular to the plane of the image receptor.

(i) Spot-film devices shall meet the following additional requirements:

(1) A means shall be provided between the source and the patient for adjustment of the X-ray field size to the size of the portion of film which has been selected on the spot-film selector.

(2) The adjustments shall be automatically accomplished except when the X-ray field size in the plane of the film is smaller than that of the film.

(3) The total misalignment of the edges of the X-ray field with the respective edges of the selected portion of the image receptor along the length or width dimensions of the X-ray field in the plane of the image receptor may not exceed 3% of the source-to image receptor when adjusted for full coverage of the selected portion of the image receptor.

(4) The sum, without regard to sign, of the misalignment along any two orthogonal dimensions, may not exceed 4% of the source to image receptor distance.

(5) The center of the X-ray field in the plane of the film shall be aligned with the center of the film within 2% of the source to image receptor distance.

The provisions of this § 221.36a issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.36a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceding text appears at serial pages (285678) to (285679).

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems); and 25 Pa. Code § 221.43a (relating to mobile fluoroscopes).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.37a Activation of fluoroscopic tube.

X-ray production in the fluoroscopic mode shall be controlled by a device which requires continuous pressure by the fluoroscopist for the entire time of the exposure (dead-man switch). When recording serial fluoroscopic images, the fluoroscopist shall be able to terminate X-ray exposures at any time, but means may be provided to permit completion of any single exposure of the series in process.

The provisions of this § 221.37a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.37a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems); 25 Pa. Code § 221.43a (relating to mobile fluoroscopes); and 25 Pa. Code § 221.61 (relating to radiation therapy simulation systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.38a Entrance exposure rate.

(a) Fluoroscopic systems without high level control. The exposure rate may not exceed 10 roentgens (2.58 mC/kg) per minute except during recording of fluoroscopic images.

(b) Fluoroscopic systems with high level control.

(1) When the high level control is activated, the maximum exposure rate shall be 20 roentgens (5.16 mC/kg) per minute.

(2) When the high level control is not activated, the maximum exposure rate shall be 10 roentgens (2.58 mC/kg) per minute.

(3) Special means of activation of high level controls are required. The high level control shall only be operable when continuous manual activation is provided by the operator.

(4) There shall be an indication to the fluoroscopist that the high level control is being used.

(c) Frequency of output measurements. Output measurements to show compliance with this section shall be made at least annually and after maintenance that could affect the output of the machine.

(d) Compliance requirements. Compliance with subsections (a)—(c) shall be determined as follows:

(1) If the source is below the table, the exposure rate shall be expressed for the center of the useful beam 1 centimeter above the tabletop or cradle with the image intensifier 30 centimeters above the tabletop or cradle.

(2) If the source is above the table, the exposure rate shall be measured at 30 centimeters above the tabletop with the end of the beam-limiting device or spacer positioned as closely as possible to the point of measurement.

(3) In a c-arm type of fluoroscope, the exposure rate shall be measured at 30 centimeters from the input surface of the fluoroscopic imaging assembly with the source at its closest possible position of operation.

(4) The tube potential and current shall be set to give the maximum exposure possible from the X-ray system. For systems with automatic exposure control, at least 3 millimeters of lead shall be placed between the measuring device and image receptor.

(5) The measurement shall be made at the center of the useful beam.

The provisions of this § 221.38a issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.38a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823.

This section cited in 25 Pa. Code § 221.35a (relating to fluoroscopic X-ray systems); and 25 Pa. Code § 221.43a (relating to mobile fluoroscopes).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.39a Barrier transmitted radiation rate limits.

The protective barrier may not transmit more than 2 milliroentgens (.516 µmC/kg) per hour at 10 centimeters from an accessible surface of the fluoroscopic imaging assembly for each roentgen per minute of entrance exposure rate.

The provisions of this § 221.39a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.39a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.43a (relating to mobile fluoroscopes).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.40a Indication of tube voltage and current.

During fluoroscopy and cinefluorography, the voltage and the current shall be continuously indicated.

The provisions of this § 221.40a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.40a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.43a (relating to mobile fluoroscopes); and 25 Pa. Code § 221.61 (relating to radiation therapy simulation systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.41a Fluoroscopic timer.

A cumulative timing device activated by the fluoroscope switch shall be provided. It shall indicate the passage of a predetermined period of irradiation either by an audible signal or by temporary or permanent interruption of the irradiation when the increment of exposure time exceeds a predetermined limit not exceeding 5 minutes.

The provisions of this § 221.41a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.41a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.43a (relating to mobile fluoroscopes); and 25 Pa. Code § 221.61 (relating to radiation therapy simulation systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.42a Control of scattered radiation.

(a) Fluoroscopic table designs when combined with normal operating procedures shall be of a type so no unprotected part of the staff or an ancillary individual’s whole body is exposed to unattenuated scattered radiation which originates from under the table. The attenuation required may be not less than .25 millimeter lead equivalent.

(b) Equipment configuration when combined with normal operating procedures shall be of a type so that no portion of the staff or an ancillary individual’s whole body, except the extremities, is exposed to the unattenuated scattered radiation emanating from above the table top unless one of the following criteria is met:

(1) The individual is at least 120 centimeters from the center of the useful beam.

(2) The radiation has passed through at least .25 millimeter of lead equivalent material—for example, drapes, bucky-slot cover (film-tray cover panel), sliding or folding panel or self supporting curtains—in addition to lead equivalency provided by the protective apron referred to in § 221.11(e) (relating to registrant responsibilities).

The provisions of this § 221.42a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.42a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.43a (relating to mobile fluoroscopes).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.43a Mobile fluoroscopes.

In addition to the other requirements of § § 221.35a—221.42a, mobile fluoroscopes shall provide image intensification.

The provisions of this § 221.43a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.43a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.50 Facilities using CR or DR.

(a) When exposure indicators are available, the facility shall establish, document and post an acceptable range for the exposure values for examinations routinely performed at the facility. The indicated exposure values for each image shall be compared to the established range. Consistent deviations from established ranges shall be investigated, corrective actions taken as necessary and results documented.

(b) Facilities shall establish and follow an image QC program in accordance with the recommendations of a QMP, the system manufacturer or a nationally-recognized organization.

(c) Facilities other than dental, podiatric and veterinary shall complete phantom image evaluation using a phantom approved by a QMP, system manufacturer or the Department. The evaluation shall be completed on a quarterly basis and include, at a minimum, all of the following:

(1) Artifacts.

(2) Spatial resolution.

(3) Contrast/noise.

(4) Workstation monitors.

(5) Exposure indicator constancy.

(d) In addition to subsections (a)—(c), CR facilities shall erase all CR cassettes, at a minimum, on a weekly basis.

(e) Dental and podiatric facilities shall maintain and operate photostimulable storage phosphor and DDR systems in accordance with manufacturer specifications.

(f) The facility shall maintain records for 5 years for inspection by the Department.

The provisions of this § 221.50 issued under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 221.50 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.61 Radiation therapy simulation systems.

(a) Fluoroscopic systems used solely for radiation therapy simulations shall only comply with § § 221.35a(a) and (b), 221.37a, 221.40a and 221.41a. The requirements in § 221.41a (relating to fluoroscopic timer) may also be satisfied if a means is provided to indicate the cumulative time that an individual patient has been exposed to X-rays. In this case, procedures shall require that the timer be reset between examinations.

(b) CT units used solely for therapy simulations shall comply with § § 221.202(h)(1), (7) and (8) and 221.203 (relating to equipment requirements; and facility design requirements).

The provisions of this § 221.61 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.61 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (333943).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.63 Therapy imaging guidance systems.

(a) The QMP shall develop QC procedures and tolerances for therapy imaging guidance systems following nationally-recognized standards or those recommended by the manufacturer.

(b) If a system is a CBCT, it must conform to the requirements of § 221.64 (relating to CBCT).

The provisions of this § 221.63 issued under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 221.63 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.64 CBCT.

(a) The following radiation measurements shall be evaluated annually and as soon as practical after a component repair or change which, in the opinion of the QMP or QE, may affect the performance of the CBCT unit:

(1) Beam alignment. The X-ray field in the plane of the image receptor may not exceed beyond the edge of the image receptor by more than 2% of the SID, when the axis of the X-ray beam is perpendicular to the plane of the image receptor. In addition, the center of the X-ray field must be aligned with the center of the image receptor to within 2% of the SID.

(2) A performance evaluation shall be performed by or under the direct supervision of a QMP or QE. The evaluation shall follow nationally-recognized standards and tolerances or those recommended by the manufacturer. The evaluation shall be performed within 30 days of initial installation, at intervals not to exceed 14 months, and within 30 days after any change or replacement of components which could cause a change in the radiation output or image quality.

(3) The registrant shall document and implement QC guidelines in accordance with nationally-recognized guidelines.

(4) The registrant shall document and implement a policy addressing deviations from established protocols.

(5) In addition to the requirements of § 221.16 (relating to training, competency and continuing education), the CBCT X-ray system shall only be operated by an individual who has been specifically trained in its operation.

(6) The facility shall maintain documentation of the established standards and tolerances and testing results for 5 years for inspection by the Department.

(b) The CBCT operator shall have instructions on all of the following:

(1) Performing routine QC, including the use of the CBCT phantom.

(2) A schedule of routine QC appropriate for the system.

(3) Allowable variations set by the QMP, if required, for the indicated parameters.

(4) The results of at least the most recent routine QC completed on the system.

(c) CBCT systems are exempt from § 221.202(a) (relating to equipment requirements).

The provisions of this § 221.64 issued under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 221.64 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

This section cited in 25 Pa. Code § 221.63 (relating to therapy imaging guidance systems).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.65 X-ray attenuation systems.

CT systems solely used to calculate attenuation coefficients or for image registration in nuclear medicine studies must meet the requirements in § § 221.202—221.205 unless otherwise exempted as follows:

(1) CT systems identified in this section are exempt from § § 221.202(a) and 221.204(a)(4)(xi) (relating to equipment requirements; and performance evaluations, routine QC and surveys).

(2) Instead of § 221.204(a) (relating to performance evaluations, routine QC and surveys), the registrant shall complete a performance evaluation on the CT system following the recommendations of a QMP, the system manufacturer or a nationally-recognized organization at intervals not to exceed 14 months.

(3) Instead of § 221.204(b), checks shall be established and documented by the registrant following nationally-recognized guidelines or those recommended by the manufacturer.

The provisions of this § 221.65 issued under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 221.65 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.71 Equipment requirements.

(a) When the tube is operated at its leakage technique factors, the leakage radiation may not exceed:

(1) One hundred milliroentgens (25.8µC/kg) per hour at 5 centimeters from the surface of the tube housing assembly for contact therapy systems.

(2) One roentgen (.258 mC/kg) per hour at 1 meter from the source for 0-150 kVp systems manufactured or installed prior to December 19, 1987.

(3) One hundred milliroentgens (25.8µC/kg) per hour at 1 meter from the source for 0-150 kVp systems manufactured on or after December 19, 1987.

(4) One roentgen (.258 mC/kg) per hour at 1 meter from the source for 151 to 500 kVp systems.

(5) One-tenth percent of the exposure rate of the useful beam 1 meter from the source for 501 to 999 kVp systems at 1 meter from the source.

(b) Fixed diaphragms or cones used for limiting the useful beam must provide at least the same protection as required by the tube housing assembly.

(c) Beam limiting devices may, for the portion of the useful beam blocked by these devices, transmit not more than 5% of the original X-ray beam intensity at the maximum voltage and maximum treatment filter. This requirement does not apply to auxiliary blocks or materials placed in the useful beam to shape the useful beam to the individual patient.

(d) The filter system shall be designed so that:

(1) Filters cannot be accidentally displaced from the useful beam at any possible tube orientation.

(2) The radiation at 5 centimeters from the filter insertion slot opening does not exceed 30 roentgens (7.74 mC/kg) per hour under operating conditions.

(3) A filter is marked as to its material of construction and its thickness. For wedge filters, the wedge factor and wedge angle shall appear on the wedge or wedge tray.

(4) On equipment purchased after January 1, 1971, a filter indication system shall be used on therapy machines using changeable filters. The system must indicate from the control panel the presence or absence of a filter and be designed to permit easy recognition of an added filter in place.

(5) An X-ray system equipped with a beryllium or other low-filtration window shall be clearly labeled as such upon the tube housing assembly and at the control panel.

(e) The tube housing assembly shall be immobilized during stationary treatments.

(f) The tube housing assembly shall be so marked that it is possible to determine the location of the focal spot to within 5 millimeters, and the marking shall be readily accessible for use during calibration procedures.

(g) Contact therapy tube housing assemblies shall have a removable shield of at least .5 millimeter lead equivalency at 100 kVp that can be positioned over the entire useful beam exit port during periods when the beam is not in use.

(h) Systems of greater than 150 kVp manufactured after December 19, 1987, must have a beam monitor system which meets the following requirements:

(1) Not allow irradiation until a preselected value of exposure has been made at the treatment control panel.

(2) Independently terminate irradiation when the preselected exposure has been reached.

(3) Be designed so that, in the event of a system malfunction or electrical power failure or other interruption, the dose administered to a patient prior to the interruption can be accurately determined.

(4) Have a control panel display which maintains the reading until intentionally reset to zero.

(5) Have a control panel display which does not have scale multiplying factors and utilizes a design so that increasing dose is displayed by increasing numbers.

(i) The following apply to timers on the equipment:

(1) A timer shall be provided which has a display at the control panel. The timer must be graduated in minutes and fractions of minutes. The timer must have a preset time selector and an elapsed time indicator.

(2) The timer must be a cumulative timer which activates with the radiation and retains its reading after irradiation is interrupted or terminated. After irradiation is terminated and before irradiation can be reinitiated, it shall be necessary to reset the timer to zero.

(3) The timer must terminate irradiation when a preselected time has elapsed if a dose monitoring system present has not previously terminated irradiation.

(4) The timer must permit accurate presetting and determination of exposure time as short as 1 second.

(5) The timer may not permit an exposure if set at zero.

(6) The timer may not activate until the shutter is opened when patient irradiation is controlled by a shutter mechanism.

(j) The control panel, in addition to the displays required in this section, must have:

(1) An indication of power status.

(2) An indication of X-ray production.

(3) The means of indicating X-ray tube current and voltage.

(4) The means of terminating an exposure.

(k) When a control panel may energize more than one X-ray tube, the following requirements shall be met:

(1) It must be possible to activate only one X-ray tube at one time.

(2) There must be an indication at the control panel identifying which X-ray tube is energized.

(3) There must be an indication at the tube housing assembly when that tube is energized.

(l) There must be a means of determining the SSD to within 5 millimeters.

(m) Unless it is possible to bring the X-ray output to the prescribed exposure parameters within 5 seconds, the entire useful beam shall be automatically attenuated by a shutter having a lead equivalency not less than that of the tube housing assembly.

(1) After the unit is at operating parameters, the shutter shall be controlled electrically by the operator from the control panel.

(2) An indication of shutter position must appear at the control panel.

(n) Electronic brachytherapy devices are exempt from the requirements in subsections (k)—(m).

The provisions of this § 221.71 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and the Radon Certification Act (63 P.S. § § 2001—2014).

The provisions of this § 221.71 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333944) to (333946).

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); and 25 Pa. Code § 216.3 (relating to exemptions).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.72 Facility design requirements for systems capable of operating above 50 kVp.

(a) Provision shall be made to permit continuous observation of and communication with the patient during irradiation.

(b) Windows, mirror systems or closed-circuit television viewing screens used for observing the patient shall be so located that the operator can maintain direct surveillance over both the control panel and the patient.

(c) Treatment rooms which contain an X-ray system capable of operating above 150 kVp shall meet the following additional requirements:

(1) Necessary shielding, except for a beam interceptor, shall be provided by fixed barriers.

(2) The control panel shall be outside the treatment room or in a shielded booth.

(3) Doors of the treatment room shall be electrically interlocked to the control panel so that X-ray production cannot occur unless entrance doors are closed.

(4) Interlocks shall be provided so that, when a door of the treatment room is opened, either the machine will shut off automatically or the radiation level within the room will be reduced to an average of not more than two milliroentgens (.52 µC/kg) per hour and a maximum of ten milliroentgens (2.58 µC/kg) per hour at a distance of 1 meter in any direction from the target; or interlocks shall energize a conspicuous visible or audible alarm signal so that the individual entering and the operator are made aware of the entry. After a shut-off or reduction in output, it shall be possible to restore the machine to full operation only from the control panel.

(5) Treatment room entrances shall be provided with warning lights, which will indicate when the useful beam is on, in a readily observable position near the outside of access doors.

The provisions of this § 221.72 issued under section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.72 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235.

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); and 25 Pa. Code § 216.3 (relating to exemptions).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.73 Surveys.

(a) A facility shall have a survey made by, or under the direction of, a qualified expert. The survey shall also be done after a change in the facility or equipment which might cause a change in radiation levels.

(b) The qualified expert or radiological physicist shall report the survey results in writing to the individual in charge of the facility and a copy of the report shall be maintained by the registrant for inspection by the Department. The facility shall be operated in compliance with limitations indicated by the survey.

The provisions of this § 221.73 issued under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.73 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (249309).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.74 Calibration.

(a) The calibration of an X-ray system shall be performed at intervals not to exceed 1 year and after a change of replacement of components which could cause a change in the radiation output.

(b) The calibration of the radiation output of the X-ray system shall be performed by or under the direction of a qualified expert for radiation therapy calibration who is physically present at the facility during the calibration.

(c) The calibration of the radiation output of an X-ray system shall be performed with a calibrated instrument. The calibration of the instrument shall be traceable to a National standard. The instrument shall have been calibrated within the preceding 2 years.

(d) Calibrations made under this section shall be made so that the dose at a reference point in soft tissue may be calculated as accurately as possible but with an uncertainty of no greater than 5%.

(e) The calibration of the X-ray system shall include, but is not limited to, the following determinations:

(1) The exposure rates for each combination of field size, technique factors, filter and treatment distance used.

(2) The degree of congruence between the radiation field and the field indicated by the localizing device if a device is present.

(3) An evaluation of the uniformity of the largest radiation field used.

(f) Records of calibration performed under this section shall be maintained by the registrant for at least 5 years after completion of the calibration.

(g) A copy of the most recent X-ray system calibration shall be available at the control panel.

The provisions of this § 221.74 issued under section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.74 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceding text appears at serial pages (249309) to (249310).

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); 25 Pa. Code § 216.3 (relating to exemptions); and 25 Pa. Code § 221.75 (relating to spot checks).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.75 Spot checks.

Spot checks shall be performed on X-ray systems capable of operation at greater than 150 kVp. The spot checks shall meet the following requirements:

(1) The procedures shall be in writing and shall have been developed by a qualified expert for radiation therapy calibration.

(2) If a radiological physicist does not perform the spot check measurements, the results of the spot check measurements shall be reviewed by a radiological physicist within 15 days.

(3) The measurements taken during the spot checks shall demonstrate the degree of consistency of the operating characteristics which can affect the radiation output of the X-ray system.

(4) The spot-check procedure shall specify the frequency at which tests or measurements are to be performed and the acceptable tolerance for each parameter measured in the spot check when compared to the value for that parameter determined in the calibration specified in § 221.74 (relating to calibration).

(5) The procedure shall also note conditions which require that the system be recalibrated under § 221.74.

(6) Records of spot-check measurements performed under this section shall be maintained by the registrant for 5 years following the measurement.

(7) Spot check measurements shall be performed using a dosimetry system that has been calibrated under § 221.74(c). Alternatively, a dosimetry system used solely for spot check measurements may be calibrated by direct intercomparison with a system that has been calibrated under § 221.74(c). The alternative calibration method shall have been performed within the previous year and after each servicing that may have affected the system calibration.

The provisions of this § 221.75 issued under section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.75 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceding text appears at serial pages (249310) to (249311).

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); and 25 Pa. Code § 216.3 (relating to exemptions).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.76 Operating procedures.

(a) Therapeutic X-ray systems shall be secured to prevent unauthorized use whenever the system is unattended.

(b) If a patient is held in position for radiation therapy, mechanical supporting or restraining devices shall be used.

(c) The tube housing assembly may not be held by an individual during exposures.

(d) No individual other than the patient may be in the treatment room during irradiation unless protected by a shielded booth.

(e) Interlocks, on-off beam control mechanisms and safety and warning devices shall be checked and appropriately serviced at least once in a calendar year.

The provisions of this § 221.76 issued under section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.76 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235.

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope); and 25 Pa. Code § 216.3 (relating to exemptions).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.201 Definitions.

In addition to the definitions in § § 215.2 and 221.2 (relating to definitions), the following words and terms, when used in this section and § § 221.202—221.205, have the following meanings, unless the context clearly indicates otherwise: Alert value—A dose index value (for example, CTDIvol (mGy) or of DLP (mGy-cm)) that is set by the registrant or licensee, or both, to trigger an alert to the operator prior to scanning within an ongoing examination. The alert value represents a value well above the registrant’s or licensee’s established range for the examination that warrants more stringent review and consideration before proceeding. CS—Contrast scale—The change in the linear attenuation coefficient per CT number relative to water; that is:

CS = (Ux - Uw)/((CT)x - (CT)w)

Where:

Ux = Linear attenuation coefficient of the material of interest

Uw = Linear attenuation coefficient of water

(CT)x = CT number of the material of interest

(CT)w = CT number of water CT—Computed tomography—The production of a tomogram by the acquisition and computer processing of X-ray transmission data. CT conditions of operation—The selectable parameters governing the operation of a CT X-ray system including, but not limited to, nominal tomographic section thickness, filtration and the technique factors as defined in this chapter. CT dosimetry phantom—The phantom used for determination of the dose delivered by a CT X-ray system. CT number—The number used to represent the X-ray attenuation associated with each elemental area of the CT image:

where:

k = A constant, a normal value of 1,000 when the Hounsfield scale of CTN is used.

µx = Linear attenuation coefficient of the material of interest.

µw = Linear attenuation coefficient of water. CTDI—Computed tomography dose index—

(i) The integral of the dose profile along a line perpendicular to the tomographic plane divided by the product of the nominal tomographic section thickness and the number of tomograms produced in a single scan.

where:

z = Position along a line perpendicular to the tomographic plane.

D(z) = Dose at position z.

T = Nominal tomographic section thickness (cm).

N = Number of tomograms produced in a single scan.

(ii) This definition assumes that the dose profile is centered around z = 0 and that, for a multiple tomogram system, the scan increment between adjacent scans is NT. CTDI100—An accumulated multiple scan dose at the center of a 100-mm scan that requires integration of the radiation dose profile from a single axial scan over specific integration limits. In the case of CTDI100, the integration limits are +50 mm, which corresponds to the 100-mm length of the commercially available ‘‘pencil’’ ionization chamber. CTDI100 is acquired using a 100-mm long, 3-cc active volume CT ‘‘pencil’’ ionization chamber, one of the two standard CTDI acrylic phantoms (16 and 32 cm diameter) and a stationary patient table. CTDIvol—Volume Computed Tomography Dose Index—A radiation dose parameter derived from the CTDIw (weighted or average CTDI given across the field of view), that is:

CTDIvol = (N)(T)(CTDIw)/I,

where:

N = number of simultaneous axial scans per X-ray source rotation,

T = thickness of one axial scan (mm), and

I = table increment per axial scan (mm).

Thus,

CTDIvol = (1 / pitch) x CTDIw CTDIw—Weighted Computed Tomography Dose Index—The estimated average CTDI100 across the field of view. The equation is:

CTDIw = 1/3 CTDI100.center + 2/3 CTDI100.edge

Where 1/3 and 2/3 approximate the relative areas represented by the center and edge values derived using the 16 cm or 32 cm acrylic phantom. CTDIw uses CTDI100 and an f-factor for air (0.87 rad/R for exposure or 1.0 mGy for air kerma measurements). Detector—A device that provides a signal or other indication suitable for measuring one or more quantities of incident radiation. Dose profile—The dose as a function of position along a line. Elemental area—The smallest area within a tomogram for which the X-ray attenuation properties of a body are depicted. Gantry—The tube housing assemblies, beam-limiting devices, detectors, transformers, if applicable, and the supporting structures and frames which hold these components. Lux—A unit illumination equivalent to 1 lumen per square centimeter or 0.0929 foot-candles. Modulation transfer function—The modulus of the Fourier transform of the impulse response of the system. Multiple tomogram system—A CT X-ray system which obtains X-ray transmission data simultaneously during a single scan to produce more than one tomogram. Noise—The standard deviation of the fluctuations in the CT number expressed as a percentage of the attenuation coefficient of water. Its estimate (Sn) is calculated using the following expression:

Sn = 100 x CS x S/Uw

Where:

CS = Contrast scale

Uw = Linear attenuation coefficient of water.

S = Estimated standard deviation of the CT number of picture elements in a specified area of the CT image. Nominal tomographic section thickness—The full-width at half-maximum of the sensitivity profile taken at the center of the cross-sectional volume over which X-ray transmission data are collected. Notification value—A dose index value (for example, CTDIvol (mGy) or DLP (mGy-cm)) that is set by the registrant to trigger a notification to the operator prior to scanning when the dose index exceeds the established range for the examination. Performance phantom—A phantom which has a capability of providing an indication of CS, noise, nominal tomographic section thickness, the resolution capability of the CT system for low and high contrast objects, and measuring the mean CT number for water or other reference materials. Picture element—See elemental area. Pixel—See elemental area. Reference plane—A plane which is at a known fixed distance—which could be zero—to the tomographic plane and parallel to it. Scan—The complete process of collecting X-ray transmission data for the production of a tomogram. Data may be collected simultaneously during a single scan for the production of one or more tomograms. Scan increment—The amount of relative displacement of the patient with respect to the CT X-ray system between successive scans measured along the direction of the displacement. Scan sequence—A preselected set of two or more scans performed consecutively under preselected CT conditions of operation. Scan time—The period of time between the beginning and end of X-ray transmission data accumulation for a single scan. Sensitivity profile—The relative response of the CT X-ray system as a function of position along a line perpendicular to the tomographic plane. Single tomogram system—A CT X-ray system which obtains X-ray transmission data during a scan to produce a single tomogram. Technique factors—The conditions of operation, specified as follows:

(i) For CT equipment designed for pulsed operations, peak tube potential, scan time in seconds, X-ray pulse width in seconds and the number of X-ray pulses per second or per mAs.

(ii) For CT equipment not designed for pulsed operation, peak tube potential, and either tube current and scan time in seconds or the product of tube current and exposure time in mAs. Tomogram—The depiction of the X-ray attenuation properties of a section through a body. Tomographic plane—The geometric plane which is identified as corresponding to the output tomogram. Tomographic section—The volume of an object whose X-ray attenuation properties are imaged in a tomogram.

The provisions of this § 221.201 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); and amended under the Radon Certification Act (63 P.S. § § 2001—2014).

The provisions of this § 221.201 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended May 16, 2008, effective May 17, 2008, 38 Pa.B. 2243; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333947) to (333950).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.202 Equipment requirements.

(a) Accreditation. All diagnostic CT X-ray systems must be accredited by an accrediting organization recognized by the Department within 1 year from first patient use.

(b) Technical and safety information. The technical and safety information relating to the conditions of operation, dose information and imaging performance provided by the CT manufacturer shall be maintained by the facility and readily accessible to the operators.

(c) Termination of exposure. The operator shall be able to terminate the X-ray exposure at any time during a scan, or series of scans under X-ray system control, of greater than 0.5 second duration. Termination of the X-ray exposure shall necessitate resetting of the conditions of operation prior to initiation of another scan.

(d) Tomographic plane indication and alignment.

(1) For any single tomogram system, a means shall be provided to permit visual determination of the tomographic plane or a reference plane offset from the tomographic plane.

(2) For any multiple tomogram system, a means shall be provided to permit visual determination of the location of a reference plane. This reference plane may be offset from the location of the tomographic plane.

(e) Status indicators and control switches.

(1) The CT X-ray control and gantry shall provide visual indication whenever X-rays are produced and, if applicable, whether the shutter is open or closed.

(2) The emergency buttons or switches shall be clearly labeled as to their function.

(3) Each individual scan or series of scans shall require initiation by the operator.

(f) Indication of CT conditions of operation. The CT X-ray system shall be designed so that the CT conditions of operation to be used during a scan or a scan sequence are indicated prior to the initiation of a scan or a scan sequence. On equipment having all or some of these conditions of operation at fixed values, this requirement may be met by permanent markings. Indication of CT conditions of operation shall be visible from any position from which scan initiation is possible.

(g) Leakage radiation. The leakage radiation from the diagnostic source assembly measured at a distance of 1 meter in any direction from the source may not exceed 100 milliroentgens (25.8 µC/kg) in 1 hour when the X-ray tube is operated at its leakage technique factors. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

(h) Additional requirements applicable to CT X-ray systems containing a gantry manufactured after September 3, 1985.

(1) The total error in the indicated location of the tomographic plane or reference plane by the light field or laser indicator may not exceed 5 millimeters.

(2) If the X-ray production period is less than 0.5 second, the indication of X-ray production shall be actuated for at least 0.5 second. Beam-on and shutter status indicators at or near the gantry shall be discernible from any point external to the patient opening where insertion of any part of the human body into the primary beam is possible.

(3) The CT X-ray system shall be normalized to water.

(4) The CT number for water for a region of interest, not exceeding 100 square millimeters, shall be 0 ± 7.0 CT number units. The facility’s performance phantom shall be utilized, with the technique factors specified by the QMP, to confirm compliance. In instances when a CTN of 0 for water is inappropriate, as in 3D treatment planning, the QMP may establish and maintain an equivalent value.

(5) With the performance phantom, the mean CT number of water of one group of pixels may not differ from the mean CT number of water of a second group of pixels equal size within the same image by more than the manufacturer’s published specifications, or those established by the QMP.

(6) The noise, utilizing the facility’s performance phantom, may not exceed the manufacturer’s published specifications.

(7) The total error between the indicated and actual slice thickness may not exceed 2.0 millimeters.

(8) A distance of at least 100 millimeters measured in a CT image shall agree with the actual distance to within ± 5%.

(9) Premature termination of the X-ray exposure by the operator shall necessitate resetting the CT conditions of operation prior to the initiation of another scan.

The provisions of this § 221.202 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.202 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (333950) and (304519) to (304520).

This section cited in 25 Pa. Code § 221.61 (relating to radiation therapy simulation systems); 25 Pa. Code § 221.64 (relating to CBCT); 25 Pa. Code § 221.65 (relating to X-ray attenuation systems); 25 Pa. Code § 221.201 (relating to definitions); and 25 Pa. Code § 223.31 (relating to registrant responsibilities).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.203 Facility design requirements.

(a) Oral communication. Provision shall be made for oral communication between the patient and the operator at the control panel.

(b) Viewing systems.

(1) A means shall be provided to permit continuous observation of the patient during irradiation and shall be located so that the operator can observe the patient from the control panel.

(2) If the primary viewing system is by electronic means, an alternate viewing system, which may be electronic, shall be available for use in the event of failure of the primary viewing system.

The provisions of this § 221.203 issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 221.203 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 221.61 (relating to radiation therapy simulation systems); 25 Pa. Code § 221.65 (relating to X-ray attenuation systems); 25 Pa. Code § 221.201 (relating to definitions); and 25 Pa. Code § 223.31 (relating to registrant responsibilities).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.204 Performance evaluations, routine QC and surveys.

(a) Performance evaluations.

(1) The performance evaluation of the CT X-ray system shall be performed by or under the direction of a QMP.

(2) Evaluation standards and tolerances shall be established by a QMP and maintained by the facility. These standards and tolerances must meet nationally-recognized standards and tolerances for the CT X-ray system.

(3) The performance evaluation of a CT X-ray system shall be performed after initial installation and before use on human patients. Thereafter, the evaluation shall be made at intervals not to exceed 14 months.

(4) The performance evaluation must include all of the following:

(i) Geometric factors and alignment, including alignment light accuracy and table incrementation accuracy.

(ii) Slice localization from scanned projection radiograph (localization image).

(iii) Slice thickness.

(iv) Image quality including high-contrast (spatial) resolution, low-contrast resolution, image uniformity, noise and artifact evaluation.

(v) CT number accuracy.

(vi) Image quality for acquisition workstation display devices (video and hard copy when applicable).

(vii) A review of the results of the routine QC required under subsection (b).

(viii) A safety evaluation of audible and visual signals and posting requirements.

(ix) A review of commonly used CT protocols along with the evaluation for appropriateness of dose and image quality, in comparison with the older protocols. The review should be by the QMP along with the radiologist and lead CT technologist.

(x) For dosimetry, a review of the protocols deemed appropriate by the QMP which could result in significant doses. This review must include acquisition and reconstruction parameters, and radiation dose. At a minimum, the QMP shall review the following clinical protocols, if performed, at intervals not to exceed 14 months:

(A) Pediatric head (1 year of age).

(B) Pediatric abdomen (5 years of age; 40—50 lbs. (about 20 kg)).

(C) Adult head.

(D) Adult abdomen (70 kg).

(E) Brain perfusion.

(xi) Review DRL, notification values and alert values for the procedures reviewed under subparagraph (x).

(xii) Review actions to be taken when a dose alert value is exceeded including patient follow-up.

(xiii) Review the process determining who has access and authority to make changes to the protocol management systems, including a policy or procedure to prevent inadvertent or unauthorized modifications to a CT protocol.

(5) A performance evaluation shall be made within 30 days after any change or replacement of components which, in the opinion of the QMP, could cause a change in the radiation output or image quality.

(6) Dose measurements of a CT unit shall be performed with a calibrated dosimetry system. The calibration of the system shall be traceable to a national standard. The dosimetry system must have been calibrated within the preceding 2 years.

(b) Routine QC.

(1) Written routine QC procedures shall be developed by a QMP. These procedures shall be available for review by the Department.

(2) The routine QC procedures must include, at a minimum, all of the following using the facility’s performance phantom:

(i) Noise.

(ii) Mean CT number for water.

(iii) Artifact evaluation.

(3) The routine QC shall be performed at intervals not to exceed 1 week.

(4) The QMP need not be present during the routine QC.

(5) Routine QC shall include acquisition of images obtained with the performance phantom using the same processing mode and CT conditions of operation as are used to perform the measurements required by subsection (a).

(c) Radiation protection surveys.

(1) CT X-ray systems shall have a survey performed at the time of installation by or under the direction of a QMP. In addition, a survey shall be performed after a change in the facility or equipment which might cause a significant increase in radiation hazard.

(2) The registrant shall obtain a written report of the survey from the QMP, and a copy of the report shall be made available to the Department upon request.

(d) Records. Records of the performance evaluations and surveys shall be maintained for inspection by the Department for at least 5 years. Routine QC records shall be maintained for at least 1 year.

The provisions of this § 221.204 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.204 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceeding text appears at serial pages (304520) to (304522).

This section cited in 25 Pa. Code § 221.65 (relating to X-ray attenuation systems); 25 Pa. Code § 221.201 (relating to definitions); and 25 Pa. Code § 223.31 (relating to registrant responsibilities).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 221.205 Operating procedures.

(a) In addition to the training requirements in § 221.16 (relating to training, competency and continuing education), a CT X-ray system shall be operated only by an individual who has been specifically trained in its operation.

(b) All of the following information must be readily available to the CT operator:

(1) Instructions on the use of the CT phantoms and a process for reporting deviations in protocols including a schedule of routine QC appropriate for the system, allowable variations for the indicated parameters and the results of at least the most recent performance evaluation conducted on the system.

(2) Current protocol information available at the control panel which specifies for each routine examination the CT conditions of operation.

(c) If the radiation measurements and performance evaluation of the CT X-ray system indicates that a system operating parameter has exceeded a tolerance established by the QMP, the use of the CT X-ray system on patients shall be limited to those uses permitted by established written instructions of the QMP.

The provisions of this § 221.205 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 221.205 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304522) to (304523).

This section cited in 25 Pa. Code § 221.65 (relating to X-ray attenuation systems); 25 Pa. Code § 221.201 (relating to definitions); and 25 Pa. Code § 223.31 (relating to registrant responsibilities).

History

• Authority: The provisions of this Chapter 221 issued under section 301 of the The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 221 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

Chapter 223 Veterinary Medicine

25 Pa. Code § 223.1 Purpose and scope.

This chapter establishes radiation safety requirements for persons utilizing radiation sources in veterinary medicine. Persons who use radiation sources for veterinary medicine or research on animals shall comply with this chapter. The requirements of this chapter are in addition to and not in substitution for other applicable requirements of this article.

The provisions of this § 223.1 adopted February 1, 1972, effective February 2, 1972, 2 Pa.B. 212; amended December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (282392).

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.2a Definitions.

As used in this chapter, the following words and terms have the following meanings, unless the context clearly indicates otherwise: C—Coefficient of variation—The ratio of the standard deviation to the mean value of a population of observations. Dead-man switch—A switch so constructed that a circuit closing contact can be maintained only by continuous pressure on the switch by the operator. Fluoroscopic imaging assembly—A subsystem in which X-ray photons produce a fluoroscopic image. The term includes the image receptors such as the image intensifier and spot-film device, electrical interlocks, if any, and structural material providing linkage between the image receptor and diagnostic source assembly. Image receptor—A device, such as a fluorescent screen or radiographic film, which transforms incident X-ray photons either into a visible image or into another form which can be made into a visible image by further transformations. Leakage radiation—Radiation emanating from the diagnostic or therapeutic source assembly except for the following:

(i) The useful beam.

(ii) Radiation produced when the exposure switch or timer is not activated.

The provisions of this § 223.2a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.2a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.7 Structural shielding.

Facilities regularly used for diagnostic or therapeutic veterinary X-ray procedures shall have protective barriers sufficient to assure compliance with § 219.51 (Reserved).

The provisions of this § 223.7 issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110-301 and 7110-302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.7 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.8 Operating procedures.

(a) Individuals, whose presence is not necessary to conduct the X-ray procedures, shall be located in a shielded area or at least 2 meters from the primary X-ray beam and X-ray tubehead.

(b) Mechanical supporting or restraining devices shall be used during X-ray procedures to hold the animal patient or films in position, when the technique permits.

(c) Individuals whose presence is necessary to conduct X-ray procedures and who are not located behind protective barriers or at least 2 meters from the X-ray tubehead and primary X-ray beam shall be protected with appropriate shielding devices such as lead aprons and gloves, and be positioned so that no part of their body except hands and forearms will be exposed to the primary beam. Appropriate shielding devices shall have a lead equivalent at least 0.25 millimeters of lead.

(d) X-ray exposures shall be authorized by a veterinarian.

The provisions of this § 223.8 issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.8 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 223.12a (relating to fluoroscopic equipment).

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.11 Radiographic equipment.

(a) Leakage radiation.

(1) The leakage radiation from the tube housing assembly with a beam-limiting device attached measured at a distance of 1 meter in any direction from the source may not exceed 100 milliroentgens (25.8 µC/kg) in 1 hour when the X-ray tube is operated at its maximum technique factors. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

(2) The radiation emitted by a component other than the tube housing assembly with a beam-limiting device attached may not exceed 2 milliroentgens (0.516 µC/kg) in 1 hour at 5 centimeters from an accessible surface of the component when it is operated in an assembled X-ray system under conditions for which it was designed. Compliance shall be determined by measurements averaged over an area of 100 square centimeters with no linear dimension greater than 20 centimeters.

(b) X-ray beam restriction.

(1) The primary X-ray beam shall be restricted to the area of clinical interest and equal to or smaller than the image receptor.

(2) Collimating devices capable of limiting the primary beam to the appropriate image receptor to within 2% of the source to image distance shall be provided and used. They shall provide the same degree of protection as is required in subsection (a)(1) for a diagnostic source assembly.

(3) A means shall be provided to align the center of the X-ray field to the center of the image receptor to within 2% of the source to image distance.

(c) X-ray beam filtration. The total filtration permanently in the useful beam may not be less than .5 millimeters aluminum equivalent for machines operating up to 50 kVp, 1.5 millimeters aluminum equivalent for machines operating between 50—70 kVp and 2.5 millimeters aluminum equivalent for machines operating above 70 kVp.

(d) Exposure control devices.

(1) An exposure control device shall be provided to terminate the exposure after a preset time interval, preset product of current and time, a preset number of pulses or a preset radiation exposure to the image receptor. Termination of an exposure shall cause automatic resetting of the timer to its initial setting or to zero. It may not be possible to initiate an exposure with the exposure control device in the zero or off position, if either position is available, unless equipped for current adjustment.

(2) A means shall be provided to initiate the radiation exposure by a deliberate action on the part of the operator such as the depression of a switch. The switch shall be of the dead man type.

(e) The coefficient of variation for exposure may not exceed 0.10 when all technique factors are held constant. This requirement shall be deemed to have been met if, when 4 exposures are made at identical technique factors, the value of the average exposure (a) is greater than or equal to 5 times the maximum exposure (e(max)) minus the minimum exposure (e(min)).

(f) Veterinary portable X-ray units shall be supported by a tube stand when the technique permits unless the unit is designed to be hand held during X-ray procedures.

(g) The X-ray control shall provide indication of the production of X-rays that is observable from the operator’s position. The technique factors that are set prior to the exposure shall be indicated on the X-ray control and shall be visible to the operator from the operator’s position.

The provisions of this § 223.11 amended under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.11 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; reserved October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894. Immediately preceding text appears at serial page (203901).

This section cited in 25 Pa. Code § 223.12a (relating to fluoroscopic equipment).

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.12a Fluoroscopic equipment.

(a) The fluoroscopic imaging assembly shall be provided with a primary protective barrier that intercepts the entire cross section of the primary beam at the maximum source to image receptor distance.

(b) The X-ray tube used for fluoroscopy may not produce X-rays unless the primary barrier is in position to intercept the entire primary beam.

(c) X-ray production in the fluoroscopic mode shall be controlled by a dead-man switch for the duration of any exposure. When recording serial fluoroscopic images, the fluoroscopist shall be able to terminate the X-ray exposures at any time. A means may be provided to permit completion of a single exposure of the series in process.

(d) The protective barrier may not transmit more than 2 milliroentgens (.516 µC/kg) per hour at 10 centimeters from an accessible surface of the fluoroscopic imaging assembly for each roentgen per minute of entrance exposure rate.

(e) During fluoroscopy and cinefluorography, the voltage and the current shall be continuously indicated.

(f) A cumulative timing device activated by the fluoroscope switch shall be provided. It shall indicate the passage of a predetermined period of irradiation either by an audible signal or by temporary or permanent interruption of the irradiation when the increment of exposure time exceeds a predetermined limit not exceeding 5 minutes.

(g) Fluoroscopic table designs when combined with normal operating procedures shall be of a type that no unprotected part of the staff or an ancillary individual’s whole body is exposed to unattenuated scattered radiation which originates from under the table. The attenuation required may be not less than 0.25 millimeter lead equivalent.

(h) Equipment configuration when combined with normal operating procedures shall be of a type that no portion of the staff or an ancillary individual’s whole body, except the extremities, is exposed to the unattenuated scattered radiation emanating from above the tabletop unless one of the following criteria is met:

(1) The individual is at least 120 centimeters from the center of the primary beam.

(2) The radiation has passed through at least 0.25 millimeter of lead equivalent material—for example, drapes, bucky-slot cover (film-tray cover panel), sliding or folding panel or self-supporting curtains—in addition to the lead equivalency provided by the protective apron referred to in § 223.8(c) (relating to operating procedures).

(i) In addition to the other requirements of this section, mobile fluoroscopes shall have image intensification.

The provisions of this § 223.12a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.12a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.13a Therapeutic systems.

(a) When the tube is operated at its maximum technique factors, the leakage radiation may not exceed any of the following:

(1) One hundred milliroentgens (25.8 µC/kg) per hour at 5 centimeters from the surface of the tube housing assembly for contact therapy systems.

(2) One roentgen (.258 mC/kg) per hour at 1 meter from the source for 0-500 kVp systems.

(3) One-tenth percent of the exposure rate of the primary beam at 1 meter from the source for 501-999 kVp systems.

(b) Beam limiting devices used for limiting the primary beam shall provide at least the same protection as required by the tube housing assembly.

(c) Therapeutic X-ray systems shall be secured to prevent unauthorized use whenever the system is unattended.

(d) Interlocks shall be provided so that, when a door of the treatment room is opened, either the machine will shut off automatically or the radiation level within the room will be reduced to an average of not more than 2 milliroentgens (0.516 µC/kg) per hour and a maximum of 10 milliroentgens (2.58 µC/kg) per hour at a distance of 1 meter in any direction from the target; or interlocks will energize a conspicuous visible or audible alarm signal so that the individual entering and the operator are made aware of the entry. After a shut-off or reduction in output, it shall be possible to restore the machine to full operation only from the control panel.

(e) Interlocks, on-off beam control mechanisms and safety and warning devices shall be checked and appropriately serviced at least once in a calendar year.

(f) Treatment room entrances shall be provided with warning lights, which will indicate when the primary beam is on, in a readily observable position near the outside of access doors.

(g) Exposure factors shall be displayed on the control panel.

(h) Provision shall be made to permit continuous observation of the animal patient from the control panel during irradiation.

(i) A registrant may not permit an individual to operate a therapeutic X-ray system until the individual has received a copy of, and instruction in, the operating procedures for the system and has demonstrated understanding of the operating procedures and competence in the use of the system.

The provisions of this § 223.13a issued under sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.13a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.21 In vitro testing.

A veterinarian who uses radioactive material for in vitro testing shall comply with 10 CFR 31.11 (relating to general license for use of by-product material for certain in vitro clinical or laboratory testing) but is exempt from 10 CFR Part 20 Subpart K (relating to waste disposal).

The provisions of this § 223.21 issued under section 302 of the Radiation Protection Act (35 P. S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20); amended under the Radiation Protection Act (35 P. S. § § 7110.101—7110.703); and the Low-Level Radioactive Waste Disposal Act (35 P. S. § § 7130.101—7130.906); and sections 301 and 302 of the Radiation Protection Act (35 P. S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P. S. § 510-20).

The provisions of this § 223.21 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended June 19, 1992, effective June 20, 1992, 22 Pa. B. 3135; amended November 17, 1995, effective November 18, 1995, 25 Pa.B. 5085; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceding text appears at serial page (282396).

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.22 Sealed and unsealed sources.

A veterinarian who uses sealed or unsealed sources for therapeutic treatment of animals shall comply with 10 CFR Parts 30 and 31.11 (relating to rules of general applicability to domestic licensing of byproduct material; and general license for use of byproduct material for certain in vitro clinical or laboratory testing).

The provisions of this § 223.22 issued under section 302 of the Radiation Protection Act (35 P.S. § 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20); amended under the Radiation Protection Act (35 P.S. § § 7110.101—7110.703); the Low-Level Radioactive Waste Disposal Act (35 P.S. § § 7130.101—7130.906); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 223.22 adopted December 18, 1987, effective December 19, 1987, 17 Pa.B. 5235; amended June 19, 1992, effective June 20, 1992, 22 Pa. B. 3135; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304526) to (304527).

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

25 Pa. Code § 223.31 Registrant responsibilities.

(a) The registrant is responsible for directing the operation of X-ray systems under the registrant’s administrative control and shall assure that the requirements of this article are met for the operation of the X-ray systems.

(b) A person who operates an X-ray system shall be instructed adequately about safe X-ray operating procedures and be competent in the safe use of X-ray equipment. The instructions must include the subjects listed in Chapter 221, Appendix A (relating to determination of competence). The person shall receive continuing education at least every 4 years in radiation safety, biological effects of radiation, species-specific positioning techniques, QA and QC.

(c) Written safety procedures and rules shall be available at the facility and include restrictions of the operating technique required for the safe operation of the particular X-ray system. The operator shall be able to demonstrate familiarity with these procedures and rules.

(d) Only the staff, ancillary facility personnel or other persons required for the medical procedure or training may be within 2 meters of the device during the radiographic exposure. All of the following requirements apply to persons involved with the examination:

(1) An individual or extremity may not be positioned in the useful beam unless required to conduct the procedure.

(2) Individuals shall be positioned so that no part of the body will be struck by the useful beam unless protected by at least 0.5 millimeter lead equivalent material. The lead equivalent of the material is to be determined at 60 kV.

(3) Each person shall be protected from stray radiation by protective aprons or whole protective barriers of at least 0.25 millimeter lead equivalent or shall be positioned so that no person is in the direct line of the useful beam and the nearest portion of the body is at least 2 meters from both the tube head and the nearest edge of the image receptor.

(e) If an animal or image receptor requires auxiliary support during a radiation exposure, all of the following requirements apply:

(1) Mechanical holding devices or chemical restraint shall be used when the technique permits.

(2) An individual may not be used routinely to hold image receptors or subjects. Procedures and auxiliary equipment designed to minimize personnel exposure commensurate with the needed diagnostic information shall be used.

(3) An individual who holds the animal or image receptor shall be protected as required under subsection (d).

(f) The registrant shall have a QA program. The QA program must be documented and be in accordance with guidelines established by the Department or by another appropriate organization recognized by the Department. At a minimum, the QA program must address radiation safety to personnel and modifications to the QA program.

(g) Neither the X-ray tube housing nor the collimating device may be handheld during the exposure unless specifically designed and shielded to be handheld.

(h) CT systems used solely for nonhuman imaging are exempt from § § 221.202—221.205.

The provisions of this § 223.31 issued under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 223.31 adopted October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791.

History

• Authority: The provisions of this Chapter 223 issued under section 301 of The Atomic Energy Development and Radiation Control Act (73 P.
• Source: The provisions of this Chapter 223 adopted February 1, 1972, effective February 2, 1972, 2 Pa.

Chapter 226 Licenses and Radiation Safety Requirements for Well Logging

25 Pa. Code § 226.1 Purpose and scope.

This chapter establishes radiation safety requirements for persons using radiation sources for well logging in a single well, radioactive markers, uranium sinker bars and subsurface tracer studies. Persons who use radiation sources for well logging operations shall comply with this chapter, which is in addition to and not in substitution for other applicable requirements of this article, in particular, the requirements of Chapters 215, 217—220, 228 and 230.

The provisions of this § 226.1 amended September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239. Immediately preceding text appears at serial page (203978).

History

• Authority: The provisions of this Chapter 226 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 226 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 226.3a Abandonment of a sealed source.

In addition to incorporation by reference of 10 CFR 39.15 and 39.77 (relating to agreement with well owner or operator; and notification of incidents and lost sources; abandonment procedures for irretrievable sources), the requirements of § 78.111 (relating to abandonment) shall also be met.

The provisions of this § 226.3a adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282428).

History

• Authority: The provisions of this Chapter 226 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 226 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 226.4 Incorporation by references.

(a) Except as provided in this chapter, the requirements of 10 CFR Part 39 (relating to licenses and radiation safety requirements for well logging) are incorporated by reference.

(b) Notwithstanding the requirements incorporated by reference, 10 CFR 39.5, 39.8, 39.101 and 39.103 are not incorporated by reference.

The provisions of this § 226.4 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

History

• Authority: The provisions of this Chapter 226 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 226 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 226.5 Effect of incorporation of 10 CFR Part 39.

To reconcile differences between this chapter and the incorporated sections of 10 CFR Part 39 (relating to licenses and radiation safety requirements for well logging), the following words and phrases shall be substituted for the language in 10 CFR Part 39 as follows:

(1) A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

(2) A reference to ‘‘NRC or agreement state’’ means Department, NRC or agreement state.

(3) The definition of ‘‘sealed source’’ includes NARM.

(4) The definition of ‘‘licensed material’’ includes NARM.

(5) Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR (relating to energy) shall be directed to the Department.

The provisions of this § 226.5 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (384200) and (282429).

History

• Authority: The provisions of this Chapter 226 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 226 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 226.61 Particle accelerators.

(a) A licensee or registrant may not permit aboveground testing of particle accelerators designed for use in well logging which results in the production of radiation, except in areas or facilities controlled or shielded so that the requirements of 10 CFR 20.1301 (relating to radiation dose to dose limits for individual members of the public) are met.

(b) The use of particle accelerators for well logging shall be conducted under the licensing provisions of Chapter 228 (relating to radiation safety requirements for particle accelerators).

The provisions of this § 226.61 adopted September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239.

The provisions of this Appendix A reserved September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239. Immediately preceding text appears at serial page (203990).

The provisions of this Appendix B reserved September 14, 2001, effective September 15, 2001, 31 Pa.B. 5239. Immediately preceding text appears at serial page (203991).

History

• Authority: The provisions of this Chapter 226 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 226 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

Chapter 228 Radiation Safety Requirements for Particle Accelerators

25 Pa. Code § 228.1 Purpose and scope.

This chapter establishes radiation safety requirements for persons utilizing particle accelerators for industrial, research or medical purposes. Persons who use particle accelerators shall comply with this chapter. The requirements in this chapter are in addition to and not in substitution for other applicable requirements of this article.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.2 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Accelerator or particle accelerator—A radiation-producing machine capable of accelerating electrons, protons, deuterons, or other charged particles in a vacuum and of discharging the resultant particulate or other radiation into a medium at energies usually in excess of 1 megaelectron volt (MeV). Applicator—A structure which determines the extent of the treatment field at a given distance from the virtual source. Beam-limiting device—A device providing a means to restrict the dimensions of the X-ray field. Beam scattering filter—A filter used to scatter a beam of electrons. Central axis of the beam—A line passing through the virtual source and the center of the plane figure formed by the edge of the first beam limiting device. Dose monitoring system—A system of devices for the detection, measurement and display of quantities of radiation. Dose monitor unit—A unit response from the dose monitoring system from which the absorbed dose can be calculated. Existing equipment—Systems manufactured on or before October 3, 1998. Field flattening filter—A filter used to provide dose uniformity over the area of a useful beam of X-rays at a specified depth. Field size—The configuration of the radiation field along the major axes of an area in a plane perpendicular to the specified direction of the beam of incident radiation at the normal treatment distance and defined by the intersection of the major axes and the 50% isodose line. Filter—Material placed in the useful beam to modify the spectral energy distribution and flux of the transmitted radiation and remove radiation that does not contribute to the efficacy of the useful beam. Isocenter—A fixed point in space located at the center of the smallest sphere through which the central axes of the beams pass. Leakage radiation—Radiation emanating from the source assembly except for the following:

(i) The useful beam.

(ii) Radiation produced when the exposure switch or timer is not activated. Moving beam therapy—Radiation therapy with relative displacement of the useful beam and the patient during irradiation. New equipment—Systems manufactured after January 1, 1985. Normal treatment distance—

(i) For isocentric equipment, the isocenter.

(ii) For nonisocentric equipment, the target to patient skin distance along the central axis as specified by the manufacturer. Particle accelerator—See the definition of ‘‘accelerator.’’ Phantom—A volume of material behaving in a manner similar to tissue with respect to the attenuation and scattering of radiation. Primary dose monitoring system—A system which will monitor the useful beam during irradiation and which will terminate irradiation when a preselected number of dose monitor units have been attained. Radiation detector—A device which provides a signal or other indication suitable for measuring one or more quantities of incident radiation. Radiation head—The structure from which the useful beam emerges. Secondary dose monitoring system—A system which will terminate irradiation in the event of failure of the primary dose monitoring system. Shadow tray—A device attached to the radiation head to support auxiliary beam limiting material. Spot check—A procedure to assure that a previous calibration continues to be valid. Stationary beam therapy—Radiation therapy without relative displacement of the useful beam and the patient during irradiation. Subsystem—A combination of two or more components of an accelerator. Target—The part of a radiation source which intercepts a beam of accelerated particles with subsequent emission of other radiation. Tube housing assembly—The term includes high-voltage or filament transformers, or both, and other appropriate elements when contained within the tube housing. Useful beam—The radiation which passes through the tube housing port and the aperture of the beam-limiting device when the exposure switch or timer is activated. Virtual source—The nominal location of either the first scattering foil (for equipment providing electrons only) or the photon focal spot (for equipment capable of delivering both photons and electrons). Wedge filter—An added filter effecting continuous progressive attenuation on all or part of the useful beam.

The provisions of this § 228.2 amended October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended August 11, 2023, effective 90 days after publication, 53 Pa.B. 4977. Immediately preceding text appears at serial pages (304573) to (304574) and (394153).

This section cited in 25 Pa. Code § 216.1 (relating to purpose and scope).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.3 Sale and installation.

A person may not sell or install an accelerator that does not meet the provisions of this article.

The provisions of this § 228.3 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.11a Licensee responsibilities.

(a) A person may not possess, operate or permit the operation of an accelerator unless the accelerator and installation meet the applicable requirements of this article.

(b) Written safety procedures and rules shall be available at a facility, including restrictions of the operating technique required for the safe operation of the particular accelerator. The operator shall be able to demonstrate familiarity with the rules. The operator of an accelerator used for healing arts shall have additional instruction, including certification in the applicable specialty by a professional organization recognized by the Department.

(c) An individual may not be exposed to the useful beam except for healing arts purposes. An exposure shall be authorized by a licensed practitioner of the healing arts.

The provisions of this § 228.11a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304575).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.12 Information and maintenance record and associated information.

The licensee shall maintain records of surveys, calibrations, maintenance, machine malfunctions and modifications performed on the accelerators, including the names of persons who performed the services. The licensee shall keep these records for inspection by the Department for 5 years.

The provisions of this § 228.12 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (249530).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.21a Notification and license requirements.

(a) A person who intends to purchase, construct or acquire an accelerator shall notify the Department of this intent by filing an application for a specific license within 90 days after the initial order is issued to obtain any or all parts of the accelerator.

(1) The application shall be filed in duplicate on a form prescribed by the Department and shall be accompanied by the required fee as described in § 218.11(d) (relating to registration, renewal of registration and license fees).

(2) The application shall contain pertinent information to permit the Department to evaluate the accelerator facility for compliance with the act and this article.

(b) In addition to the notification requirement in subsection (a), a person who intends to install an accelerator shall notify the Department within 30 days after the initial construction or installation begins.

(c) The Department may, after the filing of an original application, and before the expiration of the license, require further information to enable the Department to determine whether the application will be granted or denied or whether a license will be modified or revoked.

(d) The application shall be signed by the applicant or licensee, or an individual authorized by the applicant or licensee.

(e) A license issued under this chapter may not be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, to any person except through submission of a written request by the licensee to the Department for approval.

The provisions of this § 228.21a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304576) to (304577).

This section cited in 25 Pa. Code § 228.24a (relating to renewal of licenses); and 25 Pa. Code § 228.25a (relating to amendment of license at the request of the licensee).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.22a Issuance of specific licenses.

(a) Upon determination that an application meets the requirements of the act and this article, the Department will issue a specific license authorizing the proposed activity and containing conditions and limitations as it deems appropriate or necessary.

(b) After the issuance of the license, the Department may, by appropriate regulations or order, incorporate additional requirements and conditions with respect to the licensee’s receipt, possession, use and transfer of the accelerator subject to this chapter as it deems appropriate or necessary in order to:

(1) Protect the public health and safety or property.

(2) Prevent loss or theft of material subject to this chapter.

The provisions of this § 228.22a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282. Immediately preceding text appears at serial page (249351).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.23a Expiration and termination of a license.

(a) Except as provided in § 228.24a (relating to renewal of licenses), and subject to subsection (d)(5)(ii), a specific license expires on the date specified in the license. A license is effective for 5 years.

(b) A licensee shall notify the Department in writing when the licensee decides to permanently discontinue activities involving the accelerator authorized under the license and request termination of the license. The notification and request for termination shall include the reports and information specified in subsection (d)(3)—(5). The licensee is subject to subsections (d) and (e), as applicable, until termination.

(c) At least 30 days before the expiration date specified in a specific license, the licensee shall do one of the following:

(1) Submit an application for license renewal under § 228.24a.

(2) Notify the Department in writing if the licensee decides not to renew the license.

(d) If the licensee does not submit an application for license renewal under § 228.24a on or before the expiration date specified in the license, the licensee shall:

(1) Terminate the use of, and transfer or dispose of the accelerator.

(2) Properly dispose of incidental radioactive material generated by the operation of the accelerator.

(3) Submit a completed Department Form 2900-PM-RP0314, ‘‘Certificate of Disposition of Materials,’’ describing the disposition of materials in paragraph (2).

(4) Submit a radiation survey report to confirm the absence of radioactive materials or establish the levels of residual radioactive contamination unless the Department determines a radiation survey report is not necessary. This report shall include:

(i) The levels of beta and gamma radiation (in units of microrems or microsieverts, or in microrads or micrograys per hour) at 1 centimeter and gamma radiation at 1 meter from surfaces, levels of removable and fixed alpha, beta and gamma contamination on surfaces (in becquerels or microcuries per 100 square centimeters), and concentrations of contamination in soils (in units of picocuries or becquerels per gram) or in water (in units of picocuries or becquerels per liter) where soil and water concentrations are reported.

(ii) The survey instrumentation used to perform these surveys.

(5) Proceed with one of the following:

(i) Submit a certification that no detectable radioactive contamination was found if no residual contamination attributable to activities conducted under the license is detected. If the information submitted under this section is adequate, the Department will notify the licensee in writing that the license is terminated.

(ii) Continue the license in effect beyond the expiration date. If necessary, with respect to possession of residual radioactive material present as contamination if detectable levels of residual radioactive contamination attributable to activities conducted under the license are found, until the Department notifies the licensee in writing that the license is terminated. During this time, the licensee shall comply with subsection (e), in addition to the information submitted under paragraphs (3) and (4) and this paragraph, the licensee shall submit a plan for decontamination, if necessary.

(e) A licensee who possesses residual radioactive material under subsection (d)(5)(ii) following the expiration date specified in the license, shall:

(1) Limit activities involving radioactive materials to those activities which are solely related to decontamination and other activities related to preparation for release for unrestricted use.

(2) Continue to control entry to restricted areas until the restricted areas are suitable for release for unrestricted use and until the Department notifies the licensee in writing that the license is terminated.

The provisions of this § 228.23a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (285702) and (249353).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.24a Renewal of licenses.

(a) An application for renewal of a specific license shall be filed under § 228.21a (relating to notification and license requirements).

(b) If a renewal application is filed prior to 30 days before the expiration of a license, the existing license does not expire until definitive notice has been given by the Department of its action on the renewal application. This subsection also applies to new license applications incorporating other licenses.

The provisions of this § 228.24a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 228.23a (relating to expiration and termination of a license).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.25a Amendment of license at the request of the licensee.

A licensee filing an application for an amendment shall utilize the procedures in § 228.21a (relating to notification and license requirements). The application shall specify the requested amendment and the reason for the amendment.

The provisions of this § 228.25a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.26a Department action on applications to renew and amend.

In considering an application by a licensee to renew or amend a license, the Department will apply criteria in the act and this article.

The provisions of this § 228.26a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.31a Limitations.

(a) The facility shall operate within the terms and conditions of the license issued for the operation of the accelerator.

(b) A licensee may not permit an individual to act as an operator of an accelerator until the individual:

(1) Has been instructed in radiation safety and has demonstrated an understanding thereof.

(2) Has received copies of and instruction in this chapter and Chapters 219 and 220 (relating to standards for protection against radiation; and notices, instructions and reports to workers; inspections and investigations), pertinent license conditions and the licensee’s operating and emergency procedures and demonstrated understanding thereof.

(3) Has demonstrated competence to use the accelerator, related equipment and survey instruments which will be utilized in that individual’s assignment.

(c) The radiation safety officer shall have the authority to restrict or terminate operations at an accelerator facility if the action is necessary to minimize danger to health and safety, property or the environment.

The provisions of this § 228.31a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (249354) and (282437).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.32a Shielding and safety design requirements.

(a) The licensee shall consult a qualified expert for radiation protection concerning the shielding design of an accelerator installation.

(b) An accelerator facility shall have primary and secondary protective barriers that are necessary to assure compliance with 10 CFR Part 20, Subpart D (relating to dose limits for individual members of the public).

The provisions of this § 228.32a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282437).

This section cited in 25 Pa. Code § 228.39 (relating to records).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.33a Facility and shielding requirements.

In addition to the requirements in Chapter 219 (relating to standards for protection against radiation), the following are required:

(1) The control panel shall be located outside the treatment or irradiation room.

(2) For accelerators not used in the healing arts, provision shall be made to permit continuous observation of the material being irradiated and any transfer or conveyance of material within the irradiation room.

(3) For accelerators used in the healing arts, provision shall be made to permit continuous observation of and communication with the patient during irradiation.

(4) Windows, mirror systems or closed-circuit television viewing screens used for observing the patient or the material being irradiated shall be located so that the operator can maintain direct surveillance over both the control panel and the patient or the material being irradiated.

(5) If the surveillance conducted under paragraph (4) is provided solely by electronic means, and if a malfunction of this surveillance equipment occurs, irradiation activities shall cease until repair of that surveillance equipment is performed and the equipment is found to be functioning normally.

(6) Irradiation or treatment room entrances shall be provided with warning lights in a readily observable position near the outside of access doors. These will indicate when the useful beam is on.

(7) Interlocks shall be provided so that entrance or access doors are closed before irradiation or treatment can be initiated or continued.

(8) For accelerators used to irradiate materials by means of a transfer or conveyance system, a means shall be provided which either terminates the irradiation or prevents entry if an individual attempts access to the irradiation room.

The provisions of this § 228.33a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.34a Accelerator controls and interlock systems.

(a) Instrumentation, readouts and controls on the accelerator control console shall be clearly identified and easily discernible.

(b) Entrances into a target room or high radiation areas shall have interlocks that meet the requirements of 10 CFR Part 20, Subpart G (relating to control of exposure from external sources in restricted areas) and 10 CFR 20.1902 (relating to posting requirements). If the radiation beam is interrupted by a door opening, it shall be possible to reinitiate the radiation exposure only by closing the door first and then by manual action at the control panel.

(c) When an interlock system has been tripped, it shall only be possible to resume operation of the accelerator by manually resetting controls at the interlock position, and lastly at the main control console.

(d) Safety interlocks shall be fail-safe, that is, designed so that a defect or component failure in the interlock system prevents operation of the accelerator.

(e) A scram button or other emergency power cutoff switch shall be located and easily identifiable in all high radiation areas. The cutoff switch shall include a manual reset so that the accelerator cannot be restarted from the accelerator control console without resetting the cutoff switch.

The provisions of this § 228.34a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (282438) and (285703).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.35 Operating procedures.

(a) Accelerators, when not in operation, shall be secured to prevent unauthorized use.

(b) An interlock may not be used to turn off the accelerator beam except in an emergency or for testing the interlock.

(c) Each safety and warning device, except interlocks, shall be checked at least every 3 months for proper functioning and shall be repaired as necessary. Interlocks shall be checked at least annually. Results of these checks and records of repairs shall be maintained for 5 years at the accelerator facility for inspection by the Department.

(d) In the event of a malfunction of a safety or warning device, the accelerator may not be operated unless appropriate interim precautions are instituted to provide equivalent protection.

(e) If it is necessary to intentionally bypass a safety interlock system or component thereof, the action shall be the following:

(1) Authorized in writing by the radiation safety officer.

(2) Recorded in a permanent log and a notice posted at the accelerator operator’s position.

(3) Terminated as soon as possible.

(f) A copy of the current operating and emergency procedures shall be maintained in the accelerator operator area.

(g) For accelerators used in the healing arts, operating procedures shall meet the following requirements:

(1) No individual other than the patient is in the treatment room during treatment of a patient.

(2) If a patient must be held in position during treatment, mechanical supporting or restraining devices shall be used.

(3) The system may not be used in the administration of radiation therapy unless the requirements of this chapter have been met.

(4) A medical reportable event for radiation-producing machine therapy, as defined in § 219.3 (relating to definitions), shall be reported as required under § 219.228 (relating to reports of medical reportable events for radiation-producing machine therapy).

(5) An individual who operates an accelerator system shall be instructed adequately in the safe operating procedures and be competent in the safe use of the equipment. The instructions shall include, but not be limited to, items included in Appendix A (relating to determination of competence). There shall be continuing education in radiation safety, biological effects of radiation, quality assurance and quality control.

(h) An individual who operates an accelerator system shall be instructed adequately in the safe operating procedures and be competent in the safe use of the equipment. The instructions must include items included in Appendix A (relating to determination of competence) for medical accelerator operations, as well as basic radiation protection for nonmedical accelerator operations. There shall be continuing education in radiation safety, biological effects of radiation, quality assurance and quality control.

The provisions of this § 228.35 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304583) to (304584).

This section cited in 25 Pa. Code § 228.39 (relating to records).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.36 Radiation monitoring requirements.

An independent radiation monitoring system shall be provided so that the individuals entering or present in a potential very high radiation area become aware of the existence of the hazard. Independent radiation monitors shall be tested for response daily and after each servicing or repair.

The provisions of this § 228.36 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended November 16, 2001, effective November 17, 2001, 31 Pa.B. 6282; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304584).

This section cited in 25 Pa. Code § 228.39 (relating to records).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.37 Production of radioactive material.

(a) A licensee who produces radioactive material incidental to the operation of an accelerator shall comply with the general license requirements of § 217.144 (relating to incidental radioactive material produced by a particle accelerator).

(b) A licensee possessing radioactive material intentionally produced by bombarding nonradioactive material with the accelerator beam shall comply with the specific license requirements of Chapter 217 (relating to licensing of radioactive material).

The provisions of this § 228.37 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282441).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.38 Radiation safety surveys.

(a) Prior to first use, a facility shall have a survey made by, or under the direction of, a qualified expert for radiation protection. A survey shall also be done after a change in the facility or equipment, including a relocation of the equipment within the irradiation or treatment room.

(b) The qualified expert shall report the survey results in writing to the individual in charge of the facility and a copy of the initial report shall be maintained by the licensee for inspection by the Department for the life of the facility. Other survey reports shall be maintained for inspection by the Department for 4 years. The facility shall be operated in compliance with limitations indicated by the survey.

(c) The report of the survey results shall include:

(1) The date of the measurements.

(2) The reason the survey is required.

(3) The manufacturer’s name, model number and serial number of the therapeutic radiation machine accelerator.

(4) The instrument used to measure radiation levels.

(5) A plan of the areas surrounding the treatment room that were surveyed.

(6) The measured dose rate at several points in each area expressed in microsieverts or millirems per hour.

(7) The calculated maximum level of radiation over a period of 1 year for each restricted and unrestricted area.

(8) The signature of the individual who conducted or is responsible for conducting the survey.

(d) If the survey required by subsection (a) indicates that an individual in an unrestricted area may be exposed to levels of radiation greater than those permitted by 10 CFR 20.1201 (relating to occupational dose limits for adults) or 10 CFR 20.1301 (relating to dose limits for individual members of the public), the licensee shall do the following:

(1) Either equip the unit with beam direction interlocks or add additional radiation shielding to ensure compliance with Chapter 219 (relating to standards for protection against radiation).

(2) Perform the survey required by subsection (a) again.

(3) Prepare and submit the report required by subsection (a). The report shall also include:

(i) The results of the initial survey.

(ii) A description of the modification made to comply with this section.

(iii) The results of the second survey.

The provisions of this § 228.38 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (282441) to (282442).

This section cited in 25 Pa. Code § 228.39 (relating to records).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.39 Records.

In addition to the requirements of 10 CFR Part 20, Subpart L (relating to records), the licensee shall maintain:

(1) Records of the tests and safety and warning devices described in § 228.35 (relating to operating procedures).

(2) The surveys described in § § 228.32a and 228.38 (relating to shielding and safety design requirements; and radiation safety survey).

(3) The radiation monitoring equipment calibrations and repairs of that equipment under § 228.36 (relating to radiation monitoring requirements).

The provisions of this § 228.39 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282442).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.41a Warning devices.

(a) A location designated as a high radiation area and an entrance to the location shall be equipped with easily observable warning lights that operate only when radiation is being produced.

(b) A high radiation area shall meet the requirements of 10 CFR 20.1601 (relating to control of access to high radiation areas).

The provisions of this § 228.41a adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282443).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.42 Circuit diagrams.

Electrical circuit diagrams of the accelerator and the associated safety, warning and interlock systems shall be kept current and maintained for inspection by the Department and shall be available to the operator at an accelerator facility.

The provisions of this § 228.42 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.43 Radiation surveys.

(a) Periodic surveys shall be made to determine the amount of airborne radioactivity present in areas of airborne hazards.

(b) Periodic smear surveys shall be made to determine the amount of contamination in target and other pertinent areas.

(c) Area surveys shall be made in accordance with the written procedures established by a qualified expert for radiation protection or the radiation safety officer of the accelerator facility.

(d) Records of surveys shall be kept current and on file at an accelerator facility. Records of surveys shall be maintained as described in 10 CFR Part 20, Subpart L (relating to records).

The provisions of this § 228.43 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial page (282443).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.44 Ventilation systems.

(a) A licensee shall control the concentration of radioactive material in air to meet the requirements of 10 CFR 20.1204 (relating to determination of internal exposure).

(b) A licensee may not vent, release or otherwise discharge airborne radioactive material to an unrestricted area which does not meet the requirements of 10 CFR 20.1301 (relating to dose limits for individual members of the public). Every reasonable effort shall be made to maintain releases of radioactive material to uncontrolled areas as far below these limits as practicable. Compliance with this section shall be demonstrated as described in 10 CFR 20.1302 (relating to compliance with dose limits for individual members of the public).

The provisions of this § 228.44 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (282443) to (282444).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.45 Portable or mobile accelerators.

Portable or mobile accelerators used for industrial radiography or research shall comply with Chapter 225 (relating to radiation safety requirements for industrial radiographic operations).

The provisions of this § 228.45 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.61 Leakage radiation to the patient area.

(a) Equipment must meet all of the following requirements:

(1) For operating conditions producing maximum leakage radiation, the dose due to leakage radiation, including X-rays, electrons and neutrons, at any point on a circle of 2 meters radius centered on and perpendicular to the central axis of the beam at the isocenter or normal treatment distance and outside the maximum useful beam size, may not exceed 0.1% of the maximum dose of the unattenuated useful beam measured at the point of intersection of the central axis of the beam and the plane surface. Measurements, excluding those for neutrons, shall be averaged over an area up to, but not exceeding, 100 square centimeters at the position specified. Measurements of the portion of the leakage radiation dose contributed by neutrons shall be averaged over an area up to, but not exceeding, 200 square centimeters.

(2) For each system, the licensee shall determine or obtain from the manufacturer the leakage radiation existing at the positions specified in paragraph (1) for the specified operating conditions. The licensee shall maintain records for 5 years on leakage radiation measurements for inspection by the Department.

(b) Equipment manufactured or installed prior to July 17, 2004, must meet all of the following requirements:

(1) For operating conditions producing maximum leakage radiation, the absorbed dose due to leakage radiation, including neutrons, at any point on a circle of 2 meters radius centered on and perpendicular to the central axis of the beam 1 meter from the virtual source, may not exceed 0.1% of the maximum absorbed dose of the unattenuated useful beam measured at the point of intersection of the central axis of the beam and the surface of the circular plane. Measurements shall be averaged over an area up to but not exceeding 100 square centimeters at the positions specified.

(2) For each system, the licensee shall have available the leakage radiation data existing at the positions specified in paragraph (1) for the specified operating conditions. The licensee shall maintain records on radiation leakage for 5 years for inspection by the Department.

The provisions of this § 228.61 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304588) to (304589).

This section cited in 25 Pa. Code § 228.62 (relating to leakage radiation outside the patient area for new equipment).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.62 Leakage radiation outside the patient area for new equipment.

(a) The absorbed dose due to leakage radiation except in the area specified in § 228.61(a)(1) (relating to leakage radiation to the patient area) when measured at any point 1 meter from the path of the charged particles, before the charged particles strike the target or window, may not exceed 0.1% for X-ray leakage nor 0.5% for neutron leakage of the maximum absorbed dose of the unattenuated useful beam measured at the point of intersection of the central axis of the beam and the circular plane specified in § 228.61(a)(1).

(b) The licensee shall determine or obtain from the manufacturer, the actual leakage radiation existing at the positions specified in subsection (a) for specified operating conditions. Radiation measurements, including neutrons, shall be averaged over an area up to but not exceeding 200 square centimeters.

The provisions of this § 228.62 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.63 Beam limiting devices.

Adjustable or interchangeable beam limiting devices shall be provided and the devices may transmit no more than 5% of the useful beam at the normal treatment distance. The neutron component of the useful beam may not be included to comply with this requirement.

The provisions of this § 228.63 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.64 Filters.

(a) A filter which is removable from the system shall be clearly identified. Documentation shall contain a description of the filter which includes a drawing showing dimensions and noting materials of construction.

(b) For new equipment which utilizes a system of wedge filters, interchangeable field flattening filters or interchangeable beam scattering filters the following apply:

(1) Irradiation may not be possible until a selection of a filter has been made at the control panel.

(2) An interlock system shall be provided to prevent irradiation if the filter selected is not in the correct position.

(3) An interlock shall be provided to prevent irradiation if a filter selection operation carried out in the treatment room does not agree with the filter selection operation carried out at the control panel.

The provisions of this § 228.64 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.65 Electron beam quality.

The licensee shall determine that the following beam quality requirements are met:

(1) The absorbed dose resulting from X-rays in a useful electron beam at a point on the central axis of the beam 10 centimeters greater than the practical range of the electrons may not exceed the values in Table I. Linear interpolation shall be used for values not stated.

(2) Compliance with paragraph (1) shall be determined using:

(i) A measurement within a phantom with the incident surface of the phantom at the normal treatment distance and normal to the central axis of the beam.

(ii) The largest field size available which does not exceed 15 centimeters by 15 centimeters.

(iii) A phantom whose cross-sectional dimensions exceed the measurement radiation field by at least 5 centimeters and whose depth is sufficient to perform the required measurement.

(3) The licensee shall determine, or obtain from the manufacturer, the maximum percentage absorbed dose due to stray neutrons in the useful beam for specified operating conditions.

The provisions of this § 228.65 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.66 Beam monitors.

(a) Therapy systems shall be provided with radiation detectors in the radiation head.

(b) New equipment shall be provided with at least two radiation detectors incorporated into two separate dose monitoring systems.

(c) Existing equipment shall be provided with at least one radiation detector incorporated into a primary dose monitoring system.

(d) The detector in a dose monitoring system shall be:

(1) Permanently installed and interlocked to prevent incorrect positioning.

(2) Part of a dose monitoring system that provides readings in dose monitor units which can be used to calculate the absorbed dose at a reference point in the treatment volume.

(3) Capable of independently monitoring and controlling the useful beam.

(e) For new equipment, the design of dose monitoring systems shall assure that:

(1) The malfunctioning of one system does not affect the correct functioning of the second system.

(2) The failure of an element common to both systems which could affect the correct function of both systems terminates irradiation.

(f) A dose monitoring system shall have a legible display at the control panel. For new equipment, a display shall:

(1) Maintain a reading until intentionally reset to zero.

(2) Have only one scale and no scale multiplying factors.

(3) Utilize a design so that increasing dose is displayed by increasing numbers and that the absorbed dose may be accurately determined under all conditions of use.

(4) Provide that, in the event of a power failure, the dose monitoring information required in this subsection displayed at the control panel at the time of failure shall be retrievable.

The provisions of this § 228.66 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 228.74 (relating to absorbed dose rate).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.67 Beam symmetry.

(a) In new equipment inherently capable of producing useful beams with asymmetry exceeding 5%, at least four different parts of the radiation beam shall be monitored before the beam passes through the beam limiting device.

(b) If the difference in dose rates between two of the different parts required in subsection (a) exceeds 10%, the irradiation shall be terminated.

The provisions of this § 228.67 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.68 Selection and display of dose monitor units.

(a) Irradiation may not be possible until a selection of a number of dose monitor units has been made at the control panel.

(b) The preselected number of dose monitor units shall be displayed at the control panel until reset manually to zero before subsequent treatment can be initiated.

The provisions of this § 228.68 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.69 Termination or irradiation by the dose monitoring system or systems.

(a) A dose monitoring system shall be capable of independently terminating irradiation.

(b) A primary system shall terminate irradiation when the preselected number of dose monitor units has been detected by the system.

(c) A secondary dose monitoring system shall terminate irradiation when either 110% of the preselected number of dose monitor units or 10 dose monitor units (whichever is greater) has been detected by the secondary dose monitoring system.

(d) For new equipment, an indicator on the control panel shall show which dose monitoring system has terminated irradiation.

The provisions of this § 228.69 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.70 Interruption and termination switches.

The operator shall be able to interrupt or terminate irradiation and equipment movement at any time from the control panel. Following an interruption, the operator shall be able to resume irradiation without reselection of operating conditions.

The provisions of this § 228.70 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

This section cited in 25 Pa. Code § 228.73 (relating to selection of stationary beam therapy or moving beam therapy).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.71 Timer.

(a) The control panel shall have a timer that is graduated in minutes and fractions of minutes or seconds. The timer shall have a preset time selector and an elapsed time indicator.

(b) The timer shall be cumulative and activated only during irradiation and shall retain its reading after irradiation is interrupted or terminated.

(c) The timer shall terminate irradiation when a preselected time has elapsed if the dose monitoring systems fail to do so.

The provisions of this § 228.71 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.72 Selection of radiation type.

Equipment capable of X-ray therapy or electron therapy, or both, must meet all of the following additional requirements:

(1) Irradiation may not be possible until a selection of radiation type and appropriate energy has been made and displayed at the control panel.

(2) An interlock system shall be provided to insure that the equipment can emit only the radiation type which has been selected.

(3) An interlock system shall be provided to prevent irradiation if selected operations carried out in the treatment room do not agree with the selected operations carried out at the control panel.

(4) An interlock system shall be provided to prevent:

(i) Irradiation with X-rays except to obtain a port film when electron applicators are fitted.

(ii) Irradiation with electrons when accessories specific for X-ray therapy are fitted.

(5) For new equipment, a system shall be provided to terminate irradiation if the energy of the electrons striking either the X-ray target or electron window deviates by more than +20% or 3 MeV, whichever is smaller, from the selected nominal energy.

The provisions of this § 228.72 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (304593).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.73 Selection of stationary beam therapy or moving beam therapy.

Equipment capable of stationary beam therapy or moving beam therapy, or both, must meet all of the following additional requirements:

(1) Irradiation may not be possible until a selection of stationary beam therapy or moving beam therapy has been made at the control panel.

(2) An interlock system shall be provided to insure that the equipment can operate only in the mode which has been selected.

(3) An interlock system shall be provided to prevent irradiation if any selected operations carried out in the treatment rooms do not agree with the selected operations carried out at the control panel.

(4) The mode of operation shall be displayed at the control panel.

(5) An interlock system shall be provided to terminate irradiation if one of the following occurs:

(i) Movement of the gantry during stationary beam therapy.

(ii) Movement of the gantry stops during moving beam therapy unless the stoppage is a preplanned function.

(6) An interlock system shall be provided to terminate irradiation if the number of dose monitor units delivered along an arc differs by more than 10% from the selected value. Termination of irradiation shall be as required by § 228.70 (relating to interruption and termination switches).

The provisions of this § 228.73 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304593) to (304594).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.74 Absorbed dose rate.

New equipment shall have a system that provides information from which the absorbed dose rate at a reference point in the treatment volume can be calculated. The radiation detectors specified in § 228.66 (relating to beam monitors) may form part of this system. The dose monitor unit rate shall be displayed at the control panel.

The provisions of this § 228.74 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894.

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.75 Calibrations.

(a) The calibration of systems subject to this subchapter shall be performed in accordance with an established calibration protocol. The calibration protocol published by the American Association of Physicists in Medicine is accepted as an established protocol. Other protocols which are equivalent will be accepted, but the user shall submit that protocol to the Department for concurrence that the protocol is equivalent. The calibration shall be performed as follows:

(1) Before the system is first used for irradiation of a patient and, at time intervals which do not exceed 1 year.

(2) After a change which alters the calibration, spatial distribution or other characteristics of the therapy beam.

(b) The calibration shall be performed by, or under the direct supervision of, a qualified expert for radiation therapy calibrations.

(c) Calibration radiation measurements required by subsection (a) shall be performed using a dosimetry system meeting the following specifications:

(1) The system has an exposure calibration factor appropriate to the beam energy measured and traceable to a National standard.

(2) The system has been calibrated within the previous 2 years and after servicing that may have affected its calibration.

(3) The system has been calibrated so that an uncertainty can be stated for the radiation quantities monitored by the system.

(4) The system has had constancy checks performed on the system as specified by a qualified expert for radiation therapy calibrations.

(d) Calibrations made under this section shall be made so that the dose at a reference point in soft tissue may be calculated as accurately as possible but with an uncertainty of no greater than 5%.

(e) The calibration of the therapy beam shall include, but is not limited to, the following determinations:

(1) Verification that the equipment is operating in compliance with the design specifications concerning the light localizer, the side light and back-pointer alignment with the isocenter when applicable, variation in the axis of rotation for the table, gantry and beam limiting device (collimator) system.

(2) The absorbed dose rate at various depths (depth dose) and beam profile measured in water and the beam flatness and symmetry for the range of field sizes used, for each beam energy, and if applicable, for each flattening filter free mode.

(3) The uniformity of the radiation field and a dependency upon the direction of the useful beam.

(4) Verification of depth-dose data and isodose curves applicable to the specific machine.

(5) Verification of the applicability of transmission factors of accessories such as wedges, shadow trays, compensators and their effects on electron buildup.

(6) The dose per monitor unit, end effect, linearity and dose rate dependence of the dose monitor systems.

(7) For photon beams, the congruence of the light field and the radiation field.

(8) For electron beams, the validity of commissioning data for virtual source distances or effective source-to-skin distances is to be verified at a single electron energy with a beam restriction device. When the replacement of a beam restriction device occurs, the determination will be required for each electron energy.

(f) Records of calibration measurements under subsection (a) and dosimetry system calibrations under subsection (c) shall be preserved for 5 years.

(g) A copy of the latest calibration performed under subsection (a) shall be available at the facility.

The provisions of this § 228.75 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823; amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial pages (304594) to (304596).

This section cited in 25 Pa. Code § 228.76 (relating to spot checks).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

25 Pa. Code § 228.76 Spot checks.

Spot checks shall be performed on systems subject to this subchapter during full calibrations and thereafter once in each calendar month. The spot checks shall meet the following requirements:

(1) The procedures shall be in writing and developed by a qualified expert for radiation therapy calibrations.

(2) If a qualified expert does not perform the spot check measurements, the results of the spot check measurements shall be reviewed by a qualified expert within 15 days of the completion of the spot check.

(3) The measurements taken during spot checks shall demonstrate the degree of consistency of the operating characteristics which can affect the radiation output of the system or the radiation delivered to a patient during a therapy procedure.

(4) The spot-check procedures shall specify the acceptable tolerance for each parameter measured in the spot check when compared to the value for that parameter determined in the full calibration.

(5) If a spot check indicates a change in the operating characteristics of a system, as specified in the qualified expert’s spot-check procedures, the system shall be recalibrated as required in § 228.75 (relating to calibrations).

(6) Records of spot-check measurements performed under this section shall be maintained by the licensee for 5 years after completion of the spot-check measurements and necessary corrective actions.

(7) Spot check measurements shall be performed using a dosimetry system that has been calibrated in accordance with § 228.75(c). Alternatively, a dosimetry system used solely for spot check measurements may be calibrated by direct intercomparison with a system that has been calibrated in accordance with § 228.75(c). This alternative calibration method shall have been performed within the previous year and after a servicing that may have affected the system calibration.

The provisions of this § 228.76 adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (249370) to (249371).

The licensee shall ensure training on the subjects listed in Appendix A has been conducted. The individual shall be trained and competent in the general operation of the radiation therapy equipment and its functions, and in the following subject areas, as applicable to the procedures performed and the specific equipment utilized:

(1) Basic properties of radiation.

(2) Units of measurement.

(3) Sources of radiation exposure.

(4) Methods of radiation protection.

(5) Biological effects of radiation exposure.

(6) Medical accelerator operation.

(7) Treatment planning and execution.

(8) Patient positioning and protection.

(9) Operating and emergency procedures.

(10) Quality assurance.

(11) Regulations.

The provisions of this Appendix A adopted October 2, 1998, effective October 3, 1998, 28 Pa.B. 4894; amended July 16, 2004, effective July 17, 2004, 34 Pa.B. 3823. Immediately preceeding text appears at serial pages (249371) to (249372).

This appendix cited in 25 Pa. Code § 228.35 (relating to operating procedures).

History

• Authority: The provisions of this Chapter 228 issued and amended under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 228 adopted December 18, 1987, effective December 19, 1987, 17 Pa.

Chapter 232 Licenses and Radiation Safety Requirements for Irradiators

25 Pa. Code § 232.1 Purpose and scope.

(a) This chapter contains the requirements for the issuance of a license authorizing the use of radioactive materials in sealed sources to irradiate objects or materials with gamma radiation.

(b) The requirements of this chapter are in addition to, and not in substitution for, other applicable requirements in this article, in particular, the requirements and provisions of Chapters 215, 217—220 and 230.

History

• Authority: The provisions of this Chapter 232 issued under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 232 adopted September 14, 2001, effective September 15, 2001, 31 Pa.

25 Pa. Code § 232.2 Incorporation by reference.

(a) Except as provided in this chapter, the requirements of 10 CFR Part 36 (relating to licenses and radiation safety requirements for irradiators) are incorporated by reference.

(b) Notwithstanding the requirements incorporated by reference, § § 36.5, 36.8, 36.91 and 36.93 are not incorporated by reference. Paragraph 2 of the definition of ‘‘commencement of construction’’ and paragraph 9(ii) of the definition of ‘‘construction’’ in section 36.2 are not incorporated.

The provisions of this § 232.2 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of The Administrative Code of 1929 (71 P.S. § 510-20).

The provisions of this § 232.2 amended September 14, 2018, effective September 15, 2018, 48 Pa.B. 5723. Immediately preceding text appears at serial page (282453).

History

• Authority: The provisions of this Chapter 232 issued under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 232 adopted September 14, 2001, effective September 15, 2001, 31 Pa.

25 Pa. Code § 232.3 Effect of incorporation of 10 CFR Part 36.

To reconcile differences between this chapter and the incorporated sections of 10 CFR Part 36 (relating to licenses and radiation safety requirements for irradiators), the following words and phrases shall be substituted for the language in 10 CFR Part 36 as follows:

(1) A reference to ‘‘NRC’’ or ‘‘Commission’’ means Department.

(2) A reference to ‘‘NRC or agreement state’’ means Department, NRC or Agreement State.

(3) The definition of ‘‘sealed source’’ includes NARM.

(4) Notifications, reports and correspondence referenced in the incorporated parts of 10 CFR (relating to energy) shall be directed to the Department.

The provisions of this § 232.3 amended under sections 301 and 302 of the Radiation Protection Act (35 P.S. § § 7110.301 and 7110.302); and section 1920-A of the Administrative Code (71 P.S. § 510.20).

The provisions of this § 232.3 amended October 26, 2018, effective January 24, 2019, 48 Pa.B. 6791. Immediately preceding text appears at serial page (393726).

History

• Authority: The provisions of this Chapter 232 issued under sections 301 and 302 of the Radiation Protection Act (35 P.
• Source: The provisions of this Chapter 232 adopted September 14, 2001, effective September 15, 2001, 31 Pa.

Chapter 241 Designer’s Reports for Regulated Facilities

25 Pa. Code § 241.1 Scope.

This chapter applies to drawings, specifications and designer’s reports having to do with water works, bottled water establishments, bathing places, public camps, mausoleums and other facilities which affect public health and safety.

History

• Authority: The provisions of this Chapter 241 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 241 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 241.2 Preparation by registered professional engineer.

Drawings, specifications and designer’s reports submitted for the approval of the Department shall be prepared by or under the supervision of a registered professional engineer, legally qualified to practice in this Commonwealth.

History

• Authority: The provisions of this Chapter 241 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 241 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 241.3 Preparation by a registered surveyor.

Drawings and specifications for minor work not involving safety to life or health may, as provided by law, be submitted by a registered surveyor.

History

• Authority: The provisions of this Chapter 241 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 241 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 241.4 Preparation by registered architect.

Reports, plans and specifications for swimming pools and mausoleums may be prepared by a registered architect.

History

• Authority: The provisions of this Chapter 241 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 241 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 241.5 Seal of registered engineer, surveyor or architect.

(a) The front cover or flyleaf of each set of drawings, specifications, and designer’s reports shall bear the imprint or facsimile of the seal of the registered engineer, surveyor, or architect by or under whom it was prepared as provided in this chapter.

(b) Each drawing submitted shall bear an imprint or a legible facsimile of such seal.

History

• Authority: The provisions of this Chapter 241 issued under section 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 241 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

Chapter 243 Nuisances

25 Pa. Code § 243.1 General.

(a) Applicability. This chapter applies in all counties of this Commonwealth and applies equally to persons including individuals, partnerships, firms, corporations, municipal authorities and political subdivisions.

(b) Identity. When used in this chapter, the term ‘‘waters of this Commonwealth’’ means streams and springs and bodies of surface and groundwater, whether natural or artificial, within the boundaries of this Commonwealth.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.2 Construction and use of receptacles.

(a) A sewage system, privy, urinal, cesspool or other receptacle for human excrement may not be constructed, maintained or used so that vectors (insects and rodents capable of carrying disease) may have access to the excrementitious matter contained therein.

(b) A sewage system, privy, urinal, cesspool or other receptacle for human excrement may not be constructed, maintained or used which directly or indirectly drains or discharges over or upon the surface of the ground or into waters of this Commonwealth.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.3 Cleansing of receptacles.

Sewage systems, privies, urinals, cesspools or other receptacles for human excrement shall be emptied or cleansed at sufficiently frequent intervals to prevent the contents from overflowing.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.4 Transportation of excrement.

The transportation of human excrement shall be accomplished in water-tight containers with tight-fitting covers. The containers shall be thoroughly cleansed after each use.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.5 Disposal of excrement.

(a) Human excrement or material containing human excrement may not be placed on the surface of the ground, buried or otherwise disposed of where it is likely to gain access to waters of this Commonwealth. Its use as fertilizer shall be permitted, however, if it is not allowed to become a health hazard or nuisance and is not used to fertilize crops eaten without cooking.

(b) The contents of sewage systems, privies, urinals, cesspools or other receptacles for human excrement may not be used on ground on which vegetables which are eaten uncooked by humans are being grown.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.6 Public accommodations.

Sufficient and suitable free privy or toilet accommodations, well-lighted and ventilated and separated for each sex, shall be provided at buildings and premises open to the public.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.7 Accessibility of public sewers.

A sewage system, privy, cesspool or similar receptacle for human excrement may not be constructed, maintained or used on premises where a public sewer is accessible.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.8 Discharge of wash water.

Kitchen or laundry water may not be allowed to discharge or flow into a gutter, street, roadway or public place.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.9 Disposal of organic waste.

(a) Garbage, offal, pomace, dead animals, decaying matter or organic waste substance of any kind may not be thrown or deposited in a ravine, ditch or gutter, on a street or highway, into waters of this Commonwealth or be permitted to remain exposed upon the surface of the ground.

(b) The transportation of organic waste shall be affected in watertight vehicles or containers, properly covered to avoid spillage and cleansed at sufficient intervals to prevent obnoxious odors.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.10 Accumulation of manure.

Manure may not be allowed to accumulate in places where it may contaminate a source of drinking water or where it may contribute to the breeding of vectors.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.11 Dead animal carcasses.

(a) The carcass of a dead animal not killed for food shall be removed and disposed of by burial or incineration or some other sanitary method within 24 hours after death.

(b) If the carcass is buried it shall be placed so that every part shall be covered by at least 2 feet of earth and at a location not less than 100 feet from waters of this Commonwealth, and not subject to overflow by the waters.

(c) In all cases of death from communicable disease the carcass shall be thoroughly enveloped in unslaked lime.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.12 Stagnant water.

A person may not maintain or permit to be maintained, a pond, privy vault, cesspool, well, cistern, rain barrel or other receptacle containing water unless the receptacle is constructed or maintained in a manner to prevent the breeding of mosquitoes.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.13 Objectionable establishments and industrial wastes.

(a) A person maintaining a slaughterhouse, rendering works, depository of dead animals, glue works, tannery, wool-washing establishment, paper mill, byproduct coke oven, dye works, oil refinery, dairy, creamery, cheese factory, milk station or similar establishment; or engaged in the manufacture of gas chemicals, explosives, fertilizers or similar products; or in the business of soapmaking, fish oil extraction, bone boiling or a similar occupation, may not allow any of the following:

(1) Noxious gases, which are deleterious or detrimental to public health, to escape into the air.

(2) A substance which is deleterious or detrimental to public health to:

(i) Accumulate upon the premises.

(ii) Be thrown or allowed to discharge into any street, roadway or public place.

(iii) Be thrown or allowed to discharge into waters of this Commonwealth.

(b) Slaughterhouses, rendering works, bone boiling establishments, depositories for dead animals, garbage disposal works, piggeries and similar establishments handling organic matters shall have an adequate water supply for the purpose of keeping the place clean and sanitary. Floors shall be constructed of concrete or other impervious material, and shall have adequate provision for drainage to a cesspool, to a sewer or to a treatment works approved by the Department.

(c) A pigsty or piggery may not be built or maintained on marshy ground or land subject to overflow, nor where it may prejudicially affect a water supply, nor where, as a source of vector breeding, it may become a menace to the public health, particularly in the following circumstances:

(1) If garbage is fed to pigs, provisions shall be made so that unconsumed garbage is removed daily and disposed of by burial or incineration.

(2) Garbage shall be handled and fed upon platforms of concrete or other impervious material.

(3) Unslaked lime, hypochlorite of lime, borax or mineral oil shall be used daily in sufficient quantities to prevent the breeding of vectors.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

25 Pa. Code § 243.14 Water supply.

An owner or occupant of a premise may not maintain a well, spring, cistern or other source of water supply used for drinking or household purposes to which the public has or may have access and which is polluted or which is so situated or constructed that it may become polluted which may render the water supply injurious to health.

History

• Authority: The provisions of this Chapter 243 issued under sections 1917-A and 1920-A of The Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 243 adopted November 5, 1971, effective November 6, 1971, 1 Pa.

Chapter 253 Administration of the Uniform Environmental Covenants Act

25 Pa. Code § 253.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Activity and use limitations—

(i) Restrictions or obligations with respect to real property created under this chapter.

(ii) The term includes engineering controls and institutional controls. Agency—Any of the following:

(i) The Department.

(ii) A Federal agency which determines or approves an environmental response project pursuant to which the environmental covenant is created. Common interest community—A condominium, cooperative or other real property, with respect to which a person, by virtue of ownership of a parcel of real property or of ownership of an interest in real property, is obligated to pay for property taxes, insurance premiums, maintenance or improvement of other real property described in a recorded covenant which creates the common interest community. Eminent domain proceeding—An acquisition of property by an entity acting with the power of eminent domain, whether by condemnation or in lieu of condemnation. Engineering controls—

(i) Remedial actions directed exclusively toward containing or controlling the migration of regulated substances through the environment.

(ii) The term includes slurry walls, liner systems, caps, leachate collection systems and groundwater recovery trenches. Environmental covenant—A servitude arising under an environmental response project which imposes activity and use limitations under UECA. Environmental response project—A plan or work performed for environmental remediation of real property conducted under one of the following:

(i) A Federal program governing environmental remediation of real property.

(ii) A Commonwealth program governing environmental remediation of real property.

(iii) Incident to closure of a solid or hazardous waste management unit if the closure is conducted with approval of an agency.

(iv) A Commonwealth voluntary cleanup program authorized by statute. Final report—A report filed with the Department by a remediator documenting attainment of one or a combination of cleanup standards under the Land Recycling Act under § 250.204, § 250.312 or § 250.411 (relating to final report). Holder—A person that is the grantee of an environmental covenant as specified in section 6503(a) of UECA (relating to nature of rights; subordination of interests). Institutional controls—

(i) Measures undertaken to limit or prohibit certain activities which may interfere with the integrity of a remedial action or result in exposure to regulated substances at a site.

(ii) The term includes fencing and restrictions on the future use of the site. Instrument—A deed restriction, restrictive covenant or other similar document that imposes activity or use limitations filed with a recorder of deeds. Land Recycling Act—The Land Recycling and Environmental Remediation Standards Act (35 P. S. § § 6026.101—6026.908). Person—

(i) Any individual, corporation, partnership, association or other entity recognized by law as the subject of rights, duties or obligations.

(ii) The term includes the United States of America, a Federal agency, the Commonwealth, an agency or instrumentality of this Commonwealth and a political subdivision. Political subdivision—Any county, city, borough, township, or incorporated town. Record—Information which is:

(i) Inscribed on a tangible medium or stored in an electronic or other medium.

(ii) Retrievable in perceivable form. Regulated substance—The term has the same meaning given to it in section 103 of the Land Recycling Act (35 P. S. § 6026.103). Remedial Action Completion Report—A corrective action report filed with the Department by a remediator documenting attainment of one or a combination of cleanup standards under the Land Recycling Act pursuant to the Storage Tank Act under either § 245.310(b) or § 245.313 (relating to site characterization report; and remedial action completion report). Storage Tank Act—The Storage Tank and Spill Prevention Act (35 P. S. § § 6021.101—6021.2104). UECA—The Uniform Environmental Covenants Act (27 Pa.C.S. § § 6501—6517).

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.2 Contents and form of environmental covenant.

(a) An environmental covenant must contain the following:

(1) A statement that the instrument is an environmental covenant executed under UECA.

(2) A legally sufficient description of the real property subject to the environmental covenant.

(3) A brief narrative description of the contamination and the remedy.

(4) A description of the activity and use limitations on the real property.

(5) An identification of every holder.

(6) The signatures, with the formalities required for a deed, by the following:

(i) The agency, unless the environmental covenant has been deemed approved under subsection (c)(4).

(ii) Every holder.

(iii) Every owner in fee simple of the real property subject to the environmental covenant, unless waived by the agency.

(7) The name and location of any administrative record for the environmental response project reflected in the environmental covenant.

(8) A clause that the covenant may be amended or terminated as to any portion of the real property subject to the covenant that is acquired for use as highway right of way by the Commonwealth, providing that:

(i) The Department waives the requirements for an environmental covenant and for conversion under section 6517 of UECA (relating to relationship to other laws) to the same extent that the environmental covenant is amended or terminated.

(ii) The Department determines that termination or modification of the environmental covenant will not adversely affect human health or the environment.

(iii) The Department will provide 30-days advance written notice to the current property owner, each holder, and, as practicable, each person that originally signed the environmental covenant or successors in interest to those persons.

(b) An environmental covenant may contain other information, restrictions and requirements agreed to by the persons who signed it, including the following:

(1) The requirements for notice following transfer of a specified interest in, or concerning proposed changes in use of, applications for building permits for or proposals for any site work affecting the contamination on the property subject to the environmental covenant.

(2) The requirements for periodic reporting describing compliance with the environmental covenant.

(3) The rights of access to the property granted in connection with implementation or enforcement of the environmental covenant.

(4) The restrictions or limitations on amendment or termination of the environmental covenant in addition to those contained in sections 6509 and 6510 of UECA (relating to duration; and amendment or termination by consent).

(5) The rights of the holder in addition to its right to enforce the environmental covenant under section 6511 of UECA (relating to enforcement of environmental covenant).

(6) A detailed narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure and the location and extent of the contamination.

(7) Limitations on the duration of the environmental covenant.

(c) Agency review will be as follows:

(1) Prior to signing an environmental covenant, an agency may review the covenant and provide its conditions for approval, including subordination under § 253.8 (relating to subordination), if the conditions are applicable to the implementation of a remedy (including any postremediation care plan that is part of the remediation).

(2) In addition to other conditions for its approval of an environmental covenant, an agency may require those persons specified by the agency that have interests in the real property to sign the covenant.

(3) Except as set forth in paragraph (4), signature by an agency on an environmental covenant constitutes its approval of the environmental covenant. Disapprovals of an environmental covenant by the Department will be made in writing to the person submitting the environmental covenant and will describe the basis for the disapproval.

(4) Failure of the Department to approve or disapprove an environmental covenant within 90 days of receipt of all information reasonably required by the Department to make a determination shall be deemed an approval of the environmental covenant, unless the Department and the remediator agree to an extension of time.

(5) The date the Department receives an environmental covenant for review and the information reasonably required by the Department to make a determination concerning the approval or disapproval of the environmental covenant, shall be the date of receipt under section 6504(c)(4) of UECA (relating to contents of environmental covenant) and for purposes of this chapter.

(6) The Department’s decision to approve or not approve an environmental covenant is appealable to the EHB.

(d) An environmental covenant may be in the form of the Model Covenant posted on the Department’s web site or may be in any other form acceptable to the agency.

(e) If the environmental covenant covers commonly owned property in a common interest community, the covenant may be signed by any person authorized by the governing board of the owners association.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.3 Notice of environmental covenant.

(a) The environmental covenant must indicate to whom copies are to be provided, when those copies are to be provided and by whom the copies are to be provided. A grantor, a holder or any person who signed the environmental covenant may be designated as the individual responsible for distributing copies of the environmental covenant. File-stamped copies shall be provided no later than 90 days after the recording of the environmental covenant by the county recorder of deeds, unless the Department agrees to an extension of time.

(b) Unless waived by the Department in writing, copies of the environmental covenant shall be provided to the following persons:

(1) Each person who signed the environmental covenant.

(2) Each person holding a recorded interest in that portion of the real property subject to the environmental covenant.

(3) Each person in possession of that property.

(4) If the environmental covenant covers commonly owned property in a common interest community, the copies of the environmental covenant may be provided to any person authorized by the governing board of the owners association.

(5) Each political subdivision in which that property is located.

(6) Other persons designated by the agency, based upon the rights or interests that the other persons have in receiving a copy of the environmental covenant.

(c) A person submitting an environmental covenant to an agency may request waiver of the requirement that copies of the environmental covenant be provided. The request must be in writing and include the reasons for the requested waiver.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.4 Requirements for and waiver of environmental covenants.

(a) Unless waived by the Department, activity and use limitations used to demonstrate or maintain attainment of a remediation standard under the Land Recycling Act or the Storage Tank Act must be in the form of an environmental covenant. An environmental covenant may be used with other types of environmental response projects.

(b) Remediation measures undertaken pursuant to the special industrial area provisions of the Land Recycling Act which include land use restrictions limiting use of the property to the intended purpose shall implement those land use restrictions in the form of an environmental covenant.

(c) For remediations that require an environmental covenant under subsection (a), requests and justifications for waivers from the requirement to develop and record an environmental covenant shall be submitted to the Department in writing no later than at the time of submission of the Remedial Action Completion Report or the Final Report. Any waivers that are granted by the Department will be issued in writing.

(d) An environmental covenant will not be required, but may be used, for property owned by the Federal government before transfer of the property to a non-Federal entity or individual. At least 120 days before the transfer of a property owned by the Federal government, at which engineering or institutional controls are used to demonstrate or maintain attainment of a remediation standard under the Land Recycling Act or the Storage Tank Act, the Department shall be notified of the proposed transfer of the property and be provided with a draft environmental covenant. The requirement for providing notice and a draft environmental covenant to the Department shall be incorporated into an installation’s master plan or other similar and appropriate remedial documentation.

This section cited in 25 Pa. Code § 253.5 (relating to submission of environmental covenants and related information).

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.5 Submission of environmental covenants and related information.

(a) For remediations that require an environmental covenant under § 253.4 (relating to requirements for and waiver of environmental covenants), the remediator shall provide the environmental covenant to the Department no later than 30 days after receipt of written approval from the Department of the Remedial Action Completion Report or the Final Report.

(b) For remediations that require an environmental covenant under § 253.4, the person who submits the environmental covenant to the agency shall provide the agency with the name and current address of each person occupying or otherwise in possession of the real property subject to the environmental covenant and each person owning a recorded interest in that property. If the environmental covenant covers commonly owned property in a common interest community, only the person as is authorized by the governing board of the owners association to receive the covenant needs to be included under this subsection. The information shall be provided no later than when the Remedial Action Completion Report or the Final Report is submitted to the agency.

(c) Within 90 days after the environmental covenant has been approved and signed by the Department, the person who submitted the environmental covenant shall provide the Department with proof of recordation of either the approved environmental covenant or the substitute notice allowed under section 6512(b) of UECA (relating to registry; substitute notice), unless the Department agrees to an extension of time.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.6 Requirements for county recorder of deeds.

Within 45 days after the filing of an environmental covenant, or the substitute notice allowed under section 6512 of UECA (relating to registry; substitute notice), with a county recorder of deeds, the recorder of deeds shall provide the person who filed the document with a copy of the recorded document which indicates where the recorder has indexed the document.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.7 Fees.

(a) A nonrefundable fee of $500 shall be submitted to the Department with each environmental covenant appropriately signed by all parties other than the Department.

(b) A fee is not required for environmental covenants submitted under § 253.10 (relating to conversion and waiver of conversion) where the person submitting the environmental covenant did not cause or contribute to the contamination described in the environmental covenant.

(c) At least every 3 years, the Department will provide the EQB with an evaluation of the fees in this chapter and recommend regulatory changes to the EQB to address any disparity between the program income generated by the fees and the Department’s cost of administering the program with the objective of ensuring fees meet all program costs and programs are self-sustaining.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.8 Subordination.

(a) As a condition of approving an environmental covenant, the Department may require that an owner of a prior interest subordinate its interest to the environmental covenant.

(b) If the Department requires subordination of a prior interest to the environmental covenant, it will notify the person submitting the environmental covenant and the owner of the prior interest of this condition in writing and describe the basis for requiring subordination.

(c) A subordination agreement may be contained in the environmental covenant or in a separate record. If contained in a separate record, a copy of the subordination document shall be provided to the Department prior to approval of the environmental covenant, unless the Department agrees to an extension of time. If the environmental covenant covers commonly owned property in a common interest community, the agreement or record may be signed by any person authorized by the governing board of the owners association.

(d) An agreement by a person to subordinate a prior interest to an environmental covenant affects the priority of the person’s interest but does not itself impose an affirmative obligation on the person with respect to the environmental covenant nor does it affect the person’s existing environmental liabilities.

This section cited in 25 Pa. Code § 253.2 (relating to contents and form of environmental covenant).

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.9 Duration.

(a) Duration of covenant. An environmental covenant is perpetual except as provided under section 6509 of UECA (relating to duration).

(b) Eminent domain. When the Department is the agency referenced in section 6509(a)(5) of UECA, notice and request for consent must be made in writing and submitted to the Department at least 30 days prior to commencement of the eminent domain proceeding.

(c) Judicial termination or amendment. Where the Department is the agency referenced in section 6509(b) of UECA, the notice and request for determination must be made in writing and submitted to the Department at least 90 days prior to commencement of the judicial proceeding.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.10 Conversion and waiver of conversion.

(a) An instrument created before February 18, 2008, which establishes activity and use limitations to demonstrate attainment or maintenance of one or a combination of cleanup standards under the Land Recycling Act or to demonstrate satisfaction of a corrective action requirement under the Storage Tank Act shall be converted to an environmental covenant by February 18, 2013, unless waived by the Department or as otherwise provided in this section.

(b) The current owner of a property subject to an instrument covered in subsection (a) shall have the responsibility to convert the existing instrument to an environmental covenant in accordance with the requirements of UECA and this chapter. The Department will not require, but may allow, such an environmental covenant to contain information, restrictions or requirements, including activity and use limitations, not contained in the existing instrument or a Department-approved postremediation care plan.

(c) The obligation to convert an instrument covered in subsection (a) shall be waived until the property is transferred to a new owner if the current owner of the property requests the waiver in writing and provides the Department with proof of recordation of the instrument covered by subsection (a).

(d) The Department may waive the requirement to convert an instrument. Waivers that are granted by the Department will be issued in writing.

This section cited in § 253.7 (relating to fees).

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

25 Pa. Code § 253.11 Assignment of interest.

When the Department’s consent is required for a holder to assign its interest, or for the removal and replacement of a holder, request for the consent must be made in writing and submitted to the Department at least 30 days prior to the assignment, unless waived by the Department.

History

• Authority: The provisions of this Chapter 253 issued under section 6515 of UECA and section 1920-A of the Administrative Code of 1929 (71 P.
• Source: The provisions of this Chapter 253 adopted November 19, 2010, effective November 20, 2010, 40 Pa.

Part III Coal and Clay Mine Subsidence Insurance Board

Chapter 401 Mine Subsidence Fund

25 Pa. Code § 401.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The act of August 23, 1961 (P. L. 1068, No. 484) (52. P. S. § § 3201—3226). Agent—Employees of the Department who work on behalf of the Board. Association—One of the following:

(i) The unit owners’ association organized under 68 Pa.C.S. § 3301 (relating to organization of unit owners’ association) for condominiums.

(ii) The proprietary lessees’ association organized under 68 Pa.C.S. § 4301 (relating to organization of association) for cooperatives. Board—The Coal and Clay Mine Subsidence Insurance Board. Commissions—Payment to insurance producers as compensation for the applications they submit to the Board. Common elements—All portions of a condominium or cooperative other than the units. Condominium—Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Ownership of the real estate is in accordance with 68 Pa.C.S., Subpart B (relating to Uniform Condominium Act). Cooperative—Real estate owned by an association, each of whose members is entitled, by virtue of an ownership interest in the association, to exclusive possession of a unit. Ownership of the real estate is in accordance with 68 Pa.C.S., Subpart C (relating to Real Estate Cooperative Act). Fund—The Coal and Clay Mine Subsidence Insurance Fund established by the act. Insurance policy—An insurance certificate, an insuring agreement, and application for mine subsidence insurance and endorsements to the insurance policy. Insurance producer—A person that sells, solicits or negotiates contracts of insurance. Mine subsidence—The movement of the ground’s surface as a result of the collapse of underground coal or clay mine workings. Mine workings—The roof, floor or pillars within an underground coal or clay mine. Owner of structure—A person, corporation, organization or association holding title to a structure within the anthracite or bituminous coal or clay mine region as defined by the Board. Structure—A complete building, which contains a roof, walls and a foundation that firmly attaches the building to the earth, and its appurtenances as defined in the insurance policy. Units—

(i) Specific areas of a building that are separate and distinct from other areas of the building, having an individual entrance accessing either a common entry or the building’s exterior.

(ii) For the purposes of the definition of ‘‘common elements’’ and § 401.11(b)(2) (relating to eligibility for insurance), the following apply:

(A) Units in a condominium are portions of the condominium designated for separate ownership, the boundaries of which are described in the condominium declaration.

(B) Units in a cooperative are physical portions of the cooperative designated for separate occupancy under a proprietary lease.

The provisions of this § 401.1 amended under section 19 of the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.1 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended April 29, 2005, effective April 30, 2005, 35 Pa.B. 2628; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial page (311158).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.2 Approval of forms.

Only forms of certificates of insurance and other related forms approved by the Board are in force and effective.

The provisions of this § 401.2 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.11 Eligibility for insurance.

(a) Structures located within the coal and clay regions of this Commonwealth are eligible for coverage.

(b) Only an owner of a structure may be named as the insured.

(1) If there is more than one owner of a structure, the owners shall designate one owner whose name shall appear on the insurance policy for billing purposes. The other owners shall be listed in the application for insurance as additional insureds.

(2) For a structure owned as a condominium or a cooperative:

(i) The insurance must cover all the common elements and units when the association is acquiring the insurance.

(ii) Only an association can acquire insurance covering a structure comprised of vertically stacked units.

(iii) For otherwise configured structures when the association does not acquire insurance coverage, a unit owner may purchase coverage for their unit and the related common elements necessary for the owner’s use of the unit. Related common elements include the unit’s roof, walls, floors, foundation, as well as, a fence, retaining wall, paved or improved patio, walk, or driveway. However, the association shall be listed in the application as an additional insured. Renewals will be sent to the unit owner.

(c) Structures which are at least 50% residential are eligible for residential rates.

(d) If a structure is damaged by mine subsidence or by another cause, and the Board, based upon an inspection of the structure, determines that either:

(1) The damage jeopardizes the structure’s integrity, the Board will not issue a policy until the damages identified by the inspection have been repaired as directed by the Board.

(2) The damage could not be separated or apportioned from subsequent damage and the damage does not jeopardize the structure’s integrity, the Board will issue a policy if the applicant either:

(i) First repairs the damages identified by the inspection as directed by the Board.

(ii) Submits to the Board an estimate, prepared by a reputable expert, of the cost to repair the damages to the Board’s satisfaction. The cost to repair, adjusted for inflation, would be excluded from any damage claim settlement. However, a policy would not be issued if the cost to repair exceeded the replacement cost of the structure or the policy limit, whichever is less, because the policy would have no value.

(e) The Board may refuse to issue a policy while the structure to be covered is being damaged by mine subsidence or by another cause, until the Board determines that the cause of damage has ceased.

(f) Multiple unit structures are insured as follows:

(1) Structures comprised of vertically stacked units are only insurable under a single policy.

(2) Other unit configurations are insurable under a single or multiple policy at the owner’s discretion.

The provisions of this § 401.11 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.11 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial page (312597).

This section cited in 25 Pa. Code § 401.1 (relating to definitions); and § 401.13 (relating to coverage limits and premiums for insurance).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.12 Photographs of existing damage.

In considering an application for insurance, the Board or its agents, will have the right to photograph existing damage to a structure of the applicant.

The provisions of this § 401.12 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.12 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial page (156729).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.13 Coverage limits and premiums for insurance.

(a) The maximum amount of insurance, the term or duration of the policy, and the premium rate will be determined by the Board.

(b) An insurance policy is effective upon the date a complete application and its premium are received by the Board or its agent and provided that the applicant and structure meet the eligibility requirements in the act and in § 401.11 (relating to eligibility for insurance).

The provisions of this § 401.13 amended under section 19 of the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.13 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended October 4, 1974, effective October 5, 1974, 4 Pa.B. 2134; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended April 29, 2005, effective April 30, 2005, 35 Pa.B. 2628; corrected August 5, 2005, effective April 30, 2005, 35 Pa.B. 4309; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial page (312598).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.14 Assignment of an insurance policy.

It shall be permissible to assign a financial interest in an insurance policy with the consent of the Board, or its agents, by attachment of an endorsement to the insurance policy.

The provisions of this § 401.14 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.14 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial page (156730).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.15 Cancellation of an insurance policy.

An insurance policy cannot be canceled by the Board, or its agents, or by the insured during the term of coverage except as provided in the insurance policy or the act. When the Board, or its agents, cancels an insurance policy, it will send a written notice of the cancellation to the insured.

The provisions of this § 401.15 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.15 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial page (311161).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.16 Renewal of an insurance policy.

The renewal premium for an insurance policy shall be in accordance with the current rate for the amount of insurance shown on the insurance policy. The premium shall be received prior to the end of the policy period shown on the insurance policy, but the Board, or its agents, will not cancel the insurance policy until 30 days after the final day of that period.

The provisions of this § 401.16 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.16 adopted December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial pages (156730) to (156731).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.17 Refunds of premiums.

The Board, or its agents, will refund premiums whenever it cancels an insurance policy as provided in the insurance policy or in the act. The refunds will be calculated on a pro rata basis.

The provisions of this § 401.17 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.17 adopted August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.21 Description of coverage.

The insurance policy applies only to the direct loss or damage of the insured’s structure described within the policy when the loss or damage is caused by mine subsidence and when the direct loss or damage occurs during the period in which the insurance policy is in effect.

The provisions of this § 401.21 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.21 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial page (156731).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.22 Loss deductible amount.

Every insurance policy must include a loss deductible amount for which the Fund is not liable. The amount will be determined by the Board and may be changed as experience may warrant, and will be included in the schedule of premium rates adopted by the Board. The loss deductible will be waived if the cost to repair the damage exceeds the amount of coverage under the policy.

The provisions of this § 401.22 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.22 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial page (311162).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.23 Other insurance and other sources of remuneration.

If an eligible owner of a structure has or secures other insurance or other sources of remuneration against a loss covered by the insurance policy, the Fund will be liable for only that portion of the loss which is not covered by the other insurance or the other sources of remuneration.

The provisions of this § 401.23 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.23 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended December 21, 1979, effective December 22, 1979, 9 Pa.B. 4163; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial page (156731).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.24 Changes in coverage.

Additions in the amount of insurance may be made by completion of an amendment to the application by the insured after a reinspection of the property. Premiums for additions shall be prorated for the remainder of the insurance policy period in accordance with the current schedule of premium rates. The new amount of insurance will be effective immediately upon payment of the additional premium.

The provisions of this § 401.24 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.24 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial pages (156731) to (156732).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.31 Settlement of claims.

Claims may be settled through the Board, or its agents, or through independent adjusters selected by the Board, or its agents.

The provisions of this § 401.31 amended under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.31 adopted December 10, 1971, effective January 1, 1972, 1 Pa.B. 2288; amended May 3, 1974, effective May 4, 1974, 4 Pa.B. 880; amended August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687. Immediately preceding text appears at serial page (156732).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.32 Obligations after claim settlement.

Insureds shall contact the Board, or its agents, within 1 year of the claim settlement and permit an inspection of the insured structure to verify that the damage described in the claim settlement has been repaired. If the insured fails to contact the Board, or its agents, or refuses to permit the inspection the Board, or its agents, may refuse to issue or renew an insurance policy for the insured structure.

The provisions of this § 401.32 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § § 3201—3225).

The provisions of this § 401.32 adopted August 6, 1993, effective August 7, 1993, 23 Pa.B. 3687; amended December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953. Immediately preceding text appears at serial pages (311163) to (311164).

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.41 Submission of applications.

Insurance producers may only submit applications for mine subsidence insurance to the Board electronically from the Board’s web site.

The provisions of this § 401.41 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.41 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.42 Commission rates.

The Board, at an open meeting, will annually establish commission rates. The commission rate will be posted on the Fund’s web site (www.pamsi.org).

The provisions of this § 401.42 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.42 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.43 Payment of commissions.

The insurance producer shall retain the commission from the premium collected. The Board, at an open meeting, may authorize other forms of payment. Alternative forms of paying commissions will be posted on the Fund’s web site (www.pamsi.org).

The provisions of this § 401.43 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.43 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.44 Repayment of commissions.

Commissions in excess of $5 that are unearned due to the Board’s rejection of a mine subsidence insurance application or the cancellation of a policy shall be repaid to the Board upon its demand. Failure by an insurance producer to repay commissions within 60 days of the Board’s written request may result in exclusion from participation with the Fund. The Board’s decision to exclude an insurance producer from participating with the Fund is appealable to the Environmental Hearing Board under to the Environmental Hearing Board Act (35 P. S. § § 75.11—75.16).

The provisions of this § 401.44 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.44 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.45 Confidentiality of insureds information.

Insurance producers are responsible to safeguard all applicant and insureds information in accordance with the Insurance Department’s regulations found in 31 Pa. Code Chapters 146a and 146c (relating to privacy of consumer information and standards for safeguarding information). Failure by an insurance producer to safeguard applicant and insureds information may result in exclusion from participation with the Fund. The Board’s decision to exclude an insurance producer from participating with the Fund is appealable to the Environmental Hearing Board under the Environmental Hearing Board Act (35 P. S. § § 75.11—75.16).

The provisions of this § 401.45 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.45 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

25 Pa. Code § 401.51 Loans and grants.

Each year the Board may authorize up to 1% of the Fund’s Unreserved Fund Balance, as declared by the Board under section 10(c) of the act (52 P. S. § 3210(c)), to be used to provide loans and grants to entities that develop technologies, perform services or engage in other activities that benefit the Fund by improving its ability to provide mine subsidence insurance coverage or to improve the efficiency, economy and effectiveness of the Fund’s operations.

The provisions of this § 401.51 issued under the act of August 23, 1961 (P. L. 1068, No. 484) (52 P. S. § 3219).

The provisions of this § 401.51 adopted December 11, 2009, effective December 12, 2009, 39 Pa.B. 6953.

History

• Authority: The provisions of this Chapter 401 issued under section 19 of the act of August 23, 1961 (P.
• Source: The provisions of this Chapter 401 adopted December 10, 1971, effective January 1, 1972, 1 Pa.

Part IV Susquehanna River Basin Commission

Chapter 801 General Provisions

25 Pa. Code § 801.1 Incorporation by reference.

The regulations set forth in 18 CFR Part 801 (relating to general policies) are incorporated by reference and made part of this title.

The provisions of this § 801.1 added October 11, 2024, effective September 25, 2024, 54 Pa.B. 6424.

History

• Source: The provisions of this Chapter 801 adopted April 6, 2018, effective March 19, 2018, 48 Pa.

Chapter 806 Review and Approval of Projects

25 Pa. Code § 806.1 Incorporation by reference.

The regulations and procedures for review of projects as set forth in 18 CFR Part 806 (2021) (relating to review and approval of projects) are incorporated by reference and made part of this title.

The provisions of this § 806.1 adopted February 16, 2007, effective January 1, 2007, 37 Pa.B. 774; amended February 1, 2008, effective March 15, 2008, 38 Pa.B. 610; amended January 2, 2009, effective January 15, 2009, 39 Pa.B. 19; amended October 9, 2009, effective November 1, 2009, 39 Pa.B. 5909; amended November 5, 2010, effective November 1, 2010, 40 Pa.B. 6399; amended April 20, 2012, effective April 1, 2012, 42 Pa.B. 2193; amended May 2, 2014, effective June 1, 2014, 44 Pa.B. 2640; amended January 2, 2015, effective January 23, 2015, 45 Pa.B. 16; amended December 31, 2015, effective December 11, 2015, 46 Pa.B. 17; amended July 28, 2017, effective July 1, 2017, 47 Pa.B. 4107; amended April 3, 2020, effective April 1, 2020, 50 Pa.B. 1931; amended October 22, 2021, effective October 1, 2021, 51 Pa.B. 6593. Immediately preceding text appears at serial page (401387).

History

• Source: The provisions of this § 806.

Chapter 807 Water Withdrawal Registration

25 Pa. Code § 807.1 Incorporation by reference.

The regulations and procedures for special regulations and standards as set forth in 18 CFR Part 807 (2007) (relating to water withdrawal registration) are incorporated by reference and made part of this title.

History

• Source: The provisions of this Chapter 807 adopted February 16, 2007, effective January 1, 2007, 37 Pa.

Chapter 808 Hearings and Enforcement Actions

25 Pa. Code § 808.1 Incorporation by reference.

The regulations and procedures for hearings/enforcement actions as set forth in 18 CFR Part 808 (2010) (relating to hearings and enforcement actions) are incorporated by reference and made part of this title.

The provisions of this § 808.1 adopted February 16, 2007, effective January 1, 2007, 37 Pa.B. 774; amended February 1, 2008, effective March 15, 2008, 38 Pa.B. 610; amended October 9, 2009, effective November 1, 2009, 39 Pa.B. 5909; amended November 5, 2010, effective November 1, 2010, 40 Pa.B. 6399. Immediately preceding text appears at serial page (345491).

History

• Source: The provisions of this § 808.

Part V Delaware River Basin Commission

Chapter 901 General Provisions

25 Pa. Code § 901.1 Rules of Practice and Procedure.

The rules of practice and procedure as set forth in 18 CFR Part 401 (2024) are hereby incorporated by reference and made a part of this title.

The provisions of this § 901.1 amended June 28, 1978, effective June 28, 1978, 8 Pa.B. 2725; amended September 22, 1987, effective September 22, 1987, 17 Pa.B. 4722; amended December 12, 1990, effective December 12, 1990, 21 Pa.B. 1287; amended June 19, 1991, effective June 19, 1991, 21 Pa.B. 3326; amended December 9, 1992, effective December 9, 1992, 23 Pa.B. 1136; amended February 23, 1994, effective June 1, 1994, 24 Pa.B. 3438; amended November 19, 1997, effective November 19, 1997, 27 Pa.B. 6558; amended August 23, 2002, effective August 23, 2002, 32 Pa.B. 4125; amended March 4, 2016, effective March 4, 2016, 46 Pa.B. 1417; amended December 14, 2016, effective January 1, 2017, 47 Pa.B. 313; amended February 25, 2021, effective May 31, 2021, 51 Pa.B. 2629; amended June 5, 2024, effective July 22, 2024, 54 Pa.B. 4117. Immediately preceding text appears at serial page (413345).

History

• Source: The provisions of this Chapter 901 adopted February 10, 1978, effective February 11, 1978, 8 Pa.

25 Pa. Code § 901.2 Water Code and Water Quality Regulations.

The Water Code and Water Quality Regulations as set forth in 18 CFR Part 410 (2023), are hereby incorporated by reference and made a part of this title.

The provisions of this § 901.2 adopted May 24, 1978, effective October 14, 1978, 8 Pa.B. 2817; amended July 30, 1986, effective July 30, 1986, 16 Pa.B. 3935; amended April 22, 1987, effective August 1, 1987, 17 Pa.B. 3208; amended January 13, 1988, effective April 2, 1988, 18 Pa.B. 1488; amended September 28, 1988, effective September 28, 1988, 18 Pa.B. 4942; amended September 28, 1988, effective September 28, 1988, 19 Pa.B. 1177; amended February 22, 1989, effective February 22, 1989, 19 Pa.B. 1729; amended May 24, 1989, effective May 24, 1989, 19 Pa.B. 3574; amended May 22, 1991, effective May 22, 1991, 21 Pa.B. 2893; amended June 19, 1991, effective July 1, 1991, 21 Pa.B. 3141; amended January 22, 1992, effective January 22, 1992, 22 Pa.B. 1424; amended December 9, 1992, effective December 9, 1992, 23 Pa.B. 1139; amended February 23, 1994, effective June 1, 1994, 24 Pa.B. 3438; amended October 23, 1996, effective January 1, 1997, 26 Pa.B. 5973; amended February 15, 2002, effective February 16, 2002, 32 Pa.B. 878; amended September 9, 2005, effective immediately, 35 Pa.B. 5005; amended May 19, 2006, effective immediately, 36 Pa.B. 2391; amended August 24, 2007, effective August 25, 2007, 37 Pa.B. 4620; amended September 12, 2008, effective September 13, 2008; amended June 24, 2011, effective June 25, 2011, 41 Pa.B. 3187; amended February 8, 2013, effective February 9, 2013, 43 Pa.B. 830; amended May 16, 2014, effective May 17, 2014, 44 Pa.B. 2849, 44 Pa.B. 2850; amended February 10, 2023, effective February 11, 2023, 53 Pa.B. 830; amended June 5, 2024, effective July 22, 2024, 54 Pa.B. 4117. Immediately preceding text appears at serial pages (413345) to (413346).

History

• Source: The provisions of this Chapter 901 adopted February 10, 1978, effective February 11, 1978, 8 Pa.

25 Pa. Code § 901.3 Water supply charges.

The Basin Regulations—Water Supply Charges as set forth in 18 CFR Part 420 (2017) are hereby incorporated by reference and made a part of this title.

The provisions of this § 901.3 adopted October 25, 1978, effective December 23, 1978, 8 Pa.B. 3640; amended October 26, 1988, effective October 26, 1988, 19 Pa.B. 991; amended December 7, 1994, effective December 7, 1994, 25 Pa.B. 144; amended December 14, 2016, effective January 1, 2017, 47 Pa.B. 313. Immediately preceding text appears at serial page (380036).

History

• Source: The provisions of this Chapter 901 adopted February 10, 1978, effective February 11, 1978, 8 Pa.

25 Pa. Code § 901.4 Flood plains.

The basin regulations—flood plains—as set forth at 18 CFR Part 415 (1978) are hereby incorporated by reference and made part of this title.

The provisions of this § 901.4 amended November 10, 1976, effective January 1, 1977, 10 Pa.B. 4665. Immediately preceding text appears at serial page (53989).

History

• Source: The provisions of this Chapter 901 adopted February 10, 1978, effective February 11, 1978, 8 Pa.

Chapter 902 Groundwater Protection Areas

25 Pa. Code § 902.1 Groundwater protection area, Southeastern Pennsylvania.

The basin regulations, groundwater protection, Southeastern Pennsylvania, as set forth in 18 CFR Part 430 (2018), are hereby incorporated by reference and made part of this title.

History

• Source: The provisions of this Chapter 902 adopted February 25, 2021, effective May 31, 2021, 51 Pa.

Chapter 903 Hydraulic Fracturing in Shale and Other Formations

25 Pa. Code § 903.1 Hydraulic fracturing in shale and other formations.

The hydraulic fracturing in shale and other formation regulations, as set forth in 18 CFR Part 440 (2023), are hereby incorporated by reference and made part of this title.

The provisions of this § 903.1 amended February 10, 2023, effective February 11, 2023, 53 Pa.B. 830. Immediately preceding text appears at serial page (404611).

History

• Source: The provisions of this Chapter 903 adopted February 25, 2021, effective May 31, 2021, 51 Pa.

Part VI Water Facilities Loan Board

Chapter 951 Water Facilities Restoration Loans

25 Pa. Code § 951.1 Definitions.

The following words and phrases, when used in this chapter have the following meanings unless the context clearly indicates otherwise: Act—32 Pa.C.S. Chapter 75 (relating to Water Facilities Restoration Act). Administrative staff—Staff specifically assigned by the Department of Environmental Resources to administer the regular business of the Board. Board—The Water Facilities Loan Board. Community water supply system—A system for the provision to the public of piped water for human consumption which services at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents. The term includes water supply dams, reservoirs or other sources and any collection, treatment, storage or distribution facilities. Pumping and transmission facilities are included within the term ‘‘distribution facilities.’’ Dam facility—Dams other than water supply dams and flood control dams. Department—The particular department serving as staff to the board under section 7504 of the act (relating to Water Facilities Loan Board). In matters relating to community water supply systems, flood control facilities, and dam facilities, the term means the Department of Environmental Resources. In matters relating to port facilities, the term means the Department of Transportation. Flood control facility—Structural or nonstructural projects and measures to correct, prevent, or reduce flood damages including, but not limited to, dams, dikes, other flood control works, floodproofing and storm water management projects. Loan category—The three funding categories established in section 7510 of the act (relating to apportionment and appropriation of funds), specifically:

(i) Community water supply system loans.

(ii) Flood control facility and supply dam facility loans.

(iii) Port facility loans. Municipality—A city, borough, incorporated town, township, county or municipal authority. Port facility—A facility which enhances interstate or international commerce upon tidal and inland waters of this Commonwealth. The term includes piers, wharves, docks and similar structures to which vessels may be secured; buildings on or contiguous to them; and equipment and materials essential to the use of the structures and buildings for shipping and commerce. The term includes only those facilities which are actively engaged in interstate or international commerce destined to or from any of the following Commonwealth ports:

(i) Erie Port. The lake-front area of Lake Erie in this Commonwealth between the Ohio state border on the west and the New York state border on the east.

(ii) Philadelphia Port. River-front property on the western bank of the Delaware River; those river-islands in the Delaware River under the jurisdiction of the Commonwealth commencing at the Morrisville-Trenton Railroad Bridge and flowing through the Counties of Bucks, Philadelphia, and Delaware to the Pennsylvania-Delaware border; and river-front and river-island property on both banks of the Schuylkill River from River Mile 0 (‘‘RM’’) at the junction of the Delaware River and Schuylkill River in Philadelphia County flowing north to RM 6 at the University Avenue Bridge.

(iii) Pittsburgh Port. All river-island and river-front property on both sides of the Monongahela River commencing at the Pennsylvania-West Virginia border (RM 91.4) and flowing through the counties of Greene, Fayette, Washington, Westmoreland, and Allegheny to the Point (RM 0) at Pittsburgh; all river-island and river-front property on both sides of the Allegheny River commencing at RM 72.0, the terminus of the Allegheny River navigation channel (above East Brady, Pennsylvania), flowing through the counties of Clarion, Armstrong, Westmoreland, and Allegheny to the Point (RM 0) at Pittsburgh; and all river-island and river-front property on both sides of the Ohio River commencing at the Point (RM 0) at Pittsburgh and flowing through the counties of Allegheny and Beaver to the Pennsylvania-Ohio border (RM 40.0). Project—The combined eligible costs in a water facilities loan application which the Board has determined to be eligible for loan financing. The term includes the activities and eligible costs described in an approved loan application which are within the scope of the act. Storm water management project—A project designed to manage the quantity, quality, velocity, or direction of storm water runoff resulting from precipitation and snow or ice melt in a manner which decreases the likelihood of injury to people or property. Water facility—A community water supply sytem, flood control facility, dam facility, or port facility.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.2 Purpose.

The purpose of this chapter is to establish administrative procedures and criteria for the award of loans under the act.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.3 Scope.

This chapter applies to all municipalities and the owners and operators of water facilities making application for a loan under the act for the repair, construction, reconstruction, rehabilitation, extension, or improvement of community water supply systems and for the repair, reconstruction, or rehabilitation of flood control, dam, and port facilities.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.4 Eligible costs.

In addition to the costs enumerated in 32 Pa.C.S. § 7512(a) (relating to costs eligible for loan financing), the following costs of approved projects shall be eligible for loan financing:

(1) Acquisition of property rights and equipment that are preliminary to or a necessary part of a water facilities project.

(2) Administrative costs of the applicant generated by the water facilities project and specifically included in the loan agreement.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.5 Applicant eligibility.

(a) Any owner or operator of a water facility including any person, corporation, regional authority, municipality, political subdivision, or instrumentality thereof is an eligible water facility project sponsor and may apply for a water facility loan.

(b) If the water facility project sponsor is a lessee or operator, the project sponsor must apply jointly with the water facilities owner for a water facility loan.

This section cited in 25 Pa. Code § 951.9 (relating to application procedure).

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.6 Additional requirements for applications for community water supply system loans.

(a) Each potential applicant shall attend a preapplication conference with the Department to discuss project eligibility, scope, alternatives, feasibility, and any other information relating to the project prior to initiating a formal application.

(b) Each potential applicant shall undertake a prefeasibility assessment in consultation with the Department in order to clarify and resolve issues related to the project including but not limited to conservation; water allocation; user charges; and legal, financial, and institutional issues prior to initiating a formal application.

(c) In addition to the information required in 32 Pa.C.S. § 7514 (relating to application requirements and criteria for obtaining loan), an applicant for a community water supply system loan shall provide all of the following unless expressly waived by the Board:

(1) Copies of the plans, specifications, and other supporting information for building the project.

(2) Copies of all necessary water allocation permits issued under the act of June 24, 1939 (P. L. 842, No. 365) (32 P. S. § § 631—641) and all necessary discharge permits issued under The Clean Streams Law (35 P. S. § § 691.1—691.1001).

(3) Copies of applications for all other permits required for the project under programs administered by the Department.

(4) A description of the major tasks necessary to implement the project including identification of all permits and easements, time schedule, and identification of persons responsible for each task.

(5) A detailed budget for the proposed project including specific cost components to accommodate determination of eligible costs for the project.

(6) Estimated rate increases resulting from the proposed project.

This section cited in 25 Pa. Code § 951.9 (relating to application procedure).

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.7 Additional requirements for applications for flood control facility loans and dam facility loans.

(a) Each potential applicant shall attend a preapplication conference with the Department to discuss project eligibility, scope, alternatives, feasibility, and any other information relating to the project prior to initiating a formal application.

(b) Each potential applicant shall undertake a prefeasibility assessment in consultation with the Department in order to clarify and resolve issues related to the project including but not limited to dams and encroachment permits; basic design alternatives; and legal, financial, and institutional issues prior to initiating a formal application.

(c) In addition to the information required in 32 Pa.C.S. § 7514 (relating to application requirements and criteria for obtaining loan), an applicant for a flood control facility or dam facility loan shall provide all of the following unless expressly waived by the Board:

(1) Copies of the plans and specifications and other supporting information for building the project.

(2) Copies of applications for all necessary permits required by programs administered by the Department.

(3) A description of the major tasks necessary to implement the project including identification of all permits and easements, time schedule, and identification of persons responsible for each task.

(4) A detailed budget for the proposed project including specific cost components to accommodate determination of eligible costs for the project.

This section cited in 25 Pa. Code § 951.9 (relating to application procedure).

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.8 Additional requirements for applications for port facility loans.

In addition to that information necessary under 32 Pa.C.S. 7514 (relating to application requirements and criteria for obtaining loan), the applicant shall provide all of the following unless expressly waived by the Board:

(1) A copy of plans and specifications for the project, including copies of all necessary permits issued by the appropriate authorities.

(2) A description of the major tasks necessary to implement the project, the time schedule, and the persons responsible for each task.

(3) A detailed budget for the proposed project, including specific cost components to accommodate determination of eligible costs for the project.

(4) A statement of approval from the governing port authority and regional planning commission certifying that the proposed project is consistent with current development plans.

(5) A financial statement prepared by public accountants covering the applicant’s activity for the 3 years prior to the date of application.

This section cited in 25 Pa. Code § 951.9 (relating to application procedure).

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.9 Application procedure.

(a) All applications shall be made on forms approved by the Board and shall be addressed to the Board.

(b) Each application received by the Board shall be reviewed by the administrative staff for completeness and eligibility, based upon the criteria in 32 Pa.C.S. § 7514 (relating to application requirements and criteria for obtaining loan) and § § 951.5—951.8 (relating to applicant eligibility and additional requirements for applications for community water supply system loans; flood control facility loans and dam facility loans; and port facility loans).

(c) All applications determined to be eligible and complete by the administrative staff or by the Board shall be numbered in the order of final receipt by the Board, relative to other applications in the same loan category, and shall be dated and forwarded to the Department for review.

(d) If the administrative staff determines an application is ineligible or incomplete, it shall return the application to the applicant with a written explanation of the reasons for the determination.

(e) The administrative staff’s determination that an application is incomplete or ineligible shall be reviewed by the Board if the applicant files a written request with the Board within 30 days of receipt of the determination.

(f) To the extent possible, the Department will review the applications in the order assigned by the Board. The Department shall exercise due diligence to assure that all applications dated and forwarded at least 90 days prior to a regularly scheduled Board meeting are evaluated by the Department and submitted to the Board for its consideration at that meeting.

(g) The Department shall submit the reviewed applications together with its evaluations and recommendations to the Board at least 2 weeks prior to each regularly scheduled Board meeting. The Department shall provide the Board with a written evaluation of each application together with a recommended ranking of all project applications within each loan category based upon the factors in section 7515 of the act (relating to priorities for loans).

(h) The Board will provide notice to each applicant in writing advising it of the meeting at which its application will be considered.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.10 Priority of applications.

(a) At each regularly scheduled meeting the Board will consider the Department’s recommendations and other competent information relating to the applications before the Board and will establish a priority list among the approved applications in each loan category, subject to the following conditions:

(1) The Board will approve, deny or defer each loan application under consideration and will decide upon the priority among the aproved applications in each loan category in accordance with factors in section 7515 of the act (relating to priorities for loans).

(2) The Board may approve applications and place them on the priority lists until it has committed all of the funds allocated for loans in the Water Facilities Loan Fund plus not more than 50% of the funds forecast by the Office of Budget for the Water Facilities Loan Program from the next issue of Water Facilities Loan Program bonds.

(3) The Board will commit funds to approved project applications in the numerical order that each project appears on the priority list within each loan category. Successive Board actions will add to, but will not rearrange, the priority lists.

(4) A deferred application will have no higher priority or ranking at any subsequent Board meeting than any other application under consideration.

(b) The Board retains the discretion to modify procedures in emergencies or other extraordinary circumstances.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.11 Project implementation and reporting.

(a) The following general requirements will apply to all water facilities projects:

(1) Before beginning any construction work, the applicant shall have a preconstruction conference with the applicant’s contractor or engineer and the Department, to include a survey of work to be accomplished and the scheduling of periodic examinations by the Department. The applicant shall begin implementing the project, in accordance with its application, within 12 months of loan approval by the Board. If the applicant does not begin implementation within 12 months, the loan may be withdrawn by the Board.

(2) The applicant shall not deviate from the scope or time schedule for any project unless written approval is given by the Board.

(3) The applicant shall maintain project progress and financial records to substantiate all expenditures and activities shown in the approved organization and management plan and budget for the project.

(4) The applicant shall furnish the Board with semiannual project status reports until the project is completed. The applicant shall also provide the Board with its annual financial report for each year throughout the repayment period of the loan.

(b) The following project reporting procedures shall apply to port facilities projects only:

(1) Using approved forms, the applicant shall submit a detailed forecast of eligible costs for each quarter of the Commonwealth’s fiscal year, identifying the costs to be incurred, consistent with the project budget.

(2) The applicant shall submit the forecast to the Department at least 45 days in advance of each quarter for approval.

(3) Loan funds will be disbursed to the applicant prior to the beginning of each quarter based upon the Department’s approval of the costs included in the quarterly forecast request.

(4) Within 30 days after the close of each quarter, the applicant shall submit to the Department a report detailing project progress and actual costs incurred to date.

(5) The Department will adjust any funding disbursements to the applicant as may be necessary, based upon the quarterly report to actual costs incurred as compared to prior funding forecasts.

(c) If the applicant fails to comply with this section, the Board may withdraw the remaining funds allocated to the project.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

25 Pa. Code § 951.12 Loan disbursement and loan repayment.

An appropriate schedule and requirements for disbursements and repayment of loan funds shall be established for each project and made a part of the loan agreement.

History

• Authority: The provisions of this Chapter 951 issued under the Water Facilities Restoration Act, 32 Pa.
• Source: The provisions of this Chapter 951 adopted July 15, 1983, effective August 13, 1983, 13 Pa.

Part VII Pennsylvania Infrastructure Investment Authority

Chapter 961 Pennsylvania Infrastructure Investment Authority Guidelines

25 Pa. Code § 961.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Act—The Pennsylvania Infrastructure Investment Authority Act (35 P. S. § § 751.1—751.20). Administrative staff—Staff specifically assigned to administer the regular business of the Board. Authority—The Pennsylvania Infrastructure Investment Authority. Board—The Board of Directors of the Authority. Bonds—Bonds, notes or other evidences of indebtedness issued by the Authority under the act. Eligible cost—The cost of labor, materials, machinery and equipment, lands, property, rights and easements, plans and specifications, surveys or estimates of costs and revenues, prefeasibility studies, engineering and legal services and other expenses necessary or incident to the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a project. Governmental unit—An agency of the Commonwealth or a county, municipality or school district, or an agency, instrumentality, authority or corporation thereof, or a public body having local or regional jurisdiction or power. Industrial wastewater project—The eligible costs associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system for the collection, treatment or disposal of industrial wastewater resulting from manufacturing or industry or from another establishment. Project—The eligible costs associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system, whether publicly or privately owned, for the collection, treatment or disposal of wastewater, including industrial waste, or for the supply, treatment, storage or distribution of drinking water. Sewerage project—The eligible cost associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a sewerage facility or sewerage system for the collection, treatment or disposal of municipal or domestic wastewater. Wastewater project—An industrial wastewater project or a sewerage project. Water Facilities Loan Board—The Board established under 32 Pa.C.S. § 7504 (relating to Water Facilities Loan Board). Water project—The eligible cost associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system whether publicly or privately owned for the supply, treatment, storage or distribution of drinking water. Water system—A system which provides water to the public for human consumption which has at least 15 service connections used by year-round residents or regularly serves at least 25 of the same persons over 6 months per year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under that control which are used in connection with the system.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.2 Applicant eligibility.

(a) An owner or operator of a facility or system for the collection, treatment or disposal of wastewater, including industrial waste, or for the supply, treatment, storage or distribution of drinking water is an eligible project sponsor and may apply for financial assistance. The owner or operator may be either a public or private entity, including a person, corporation, partnership, association, municipal authority or governmental unit.

(b) If the applicant is a lessee or operator, the applicant shall apply jointly with the facility or system owner for financial assistance.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.3 Financial assistance criteria.

(a) The Board will consider the following criteria when considering applications for financial consideration:

(1) Whether the project will improve the health, safety, welfare or economic well being of the people of this Commonwealth.

(2) Whether the proposed project will lead to an effective or complete solution to the problems experienced with the water supply or sewage treatment system to be aided, including compliance with State and Federal laws, regulations or standards.

(3) The cost-effectiveness of the proposed project in comparison with other alternatives, including other institutional, financial and physical alternatives.

(4) The consistency of the proposed project with other State and regional resource management and economic development plans. These plans may include, but are not limited to, the State Water Plan, the municipal sewerage plan for the area served adopted under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20) and the State’s Economic Development Strategy.

(5) Whether the applicant has demonstrated its ability to operate and maintain the project in a proper manner.

(6) Whether the project encourages consolidation of water or sewer systems where the consolidation would enable the customers of the systems to be more effectively and efficiently served.

(7) The availability of other sources of funds at reasonable rates to finance all or a portion of the project and the need for authority assistance to finance the project or to attract the other sources of funding. The Board may require the applicant to participate in financing a project when it determines that the applicant has the financial capability to do so and that the participation is desirable.

(8) No project will be considered for financial assistance which will have a detrimental impact on this Commonwealth’s air, land or water, or on the natural scenic, historic or aesthetic values of the environment unless the environmental harm can be satisfactorily mitigated.

(b) The Board may approve the request for financial assistance for projects which address emergency public health and safety needs or economic development opportunities.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.4 Application procedure.

(a) An application shall be made on forms approved by the Board and be addressed to the Authority.

(b) The Department of Environmental Resources and the Department of Commerce will provide the administrative staff of the Board with a written evaluation of each application.

(c) The fundamental objectives that will guide project selection are improvements to public health, public safety and the environment. Performance on other criteria will also influence project evaluations and selection. The following are the general criteria that will be used in evaluating projects, and specific examples of performance in each of these criteria.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.5 Wastewater project evaluation criteria.

(a) Public health and safety.

(1) Direct human impact due to onlot malfunctions or inadequately treated sewage.

(2) Severity of individual or public water supply contamination.

(3) Degree of impact on public bathing areas.

(4) Severity of safety hazards from deteriorated facilities.

(b) Environmental impact.

(1) Damage to fish and aquatic life.

(2) Loss of boating and recreation opportunity.

(3) Impact on industrial water supply uses.

(4) Impact on crop irrigation.

(5) Degradation of streams used for stock watering.

(6) Reduction in pollution as called for in the Chesapeake Bay Agreements.

(c) Economic development.

(1) Development activity and job creation/retention resulting directly or indirectly from the project.

(2) Opportunity to use other State programs, such as the Business Infrastructure Development, Site Development and Community Facilities programs, to fund the project.

(3) Degree of local distress in the county where the project is located.

(d) Compliance.

(1) Enforcement status of project.

(2) Existence of overload conditions.

(e) Adequacy, efficiency and social impact.

(1) Extent that regionalization or consolidation of facilities will be accomplished.

(2) Population directly affected.

(3) Median household income in comparison to Statewide median.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.6 Water project evaluation criteria.

(a) Public health.

(1) Elimination of an ongoing public health hazard. Example: Correcting VOC or Giardia contamination.

(2) Elimination of a periodic or potential health hazard. Example: Correcting malfunctioning disinfection system.

(3) Preventive maintenance—related to health hazards. Example: Covering of finished water reservoir.

(b) Public safety.

(1) Elimination of an ongoing hazard. Example: Elimination of methane gas contamination—explosion potential.

(2) Elimination of a periodic or potential safety hazard. Example: Providing sufficient water for fire fighting when current supply is inadequate.

(3) Preventive maintenance—related to safety hazards. Example: Installation of fire hydrants where none exist.

(c) Economic development.

(1) Development activity and job creation/retention resulting directly or indirectly from the project.

(2) Opportunity to use other State programs, such as the Business Infrastructure Development, Site Development and Community Facilities programs, to fund the project.

(3) Degree of local distress in the county where the project is located.

(d) Compliance. Improvement in water system compliance. Example: Installing filtration plant to treat for Giardia contamination.

(e) Environmental and social impact.

(1) Beneficial environmental and social impacts. Example: Construction of a new public water system to replace onlot water supplies.

(2) Beneficial environmental impact only. Example: Installation of new sludge handling facilities at a filtration plant.

(3) Beneficial social impact only. Example: A project that improves public health or public safety.

(f) Adequacy and efficiency. Increase in availability of water, consolidation of systems, water conservation or improvement in aesthetic water quality. Examples: Installation of treatment for iron removal; replacement of leaking water lines; installation of water meters.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.7 Eligible costs.

(a) In addition to the costs enumerated in the act, eligible project costs considered by the Board may include, but not be limited to, the following:

(1) Project design and engineering, including the development of prefeasibility, feasibility and planning studies, plans, specifications, cost estimates, surveys and project inspection and management.

(2) Financial condition and audit reports required for financial assistance application.

(3) Administrative costs, including financial reporting costs, generated by the project and specifically included in the financial assistance agreement.

(4) Acquisition of property rights and equipment that are preliminary to or a necessary part of the project. Acquisition of property rights may include the costs associated with the acquisition, including taxes, fees, surveys, title insurance and relocation fees specifically included in the financial assistance agreement.

(5) Legal service fees generated by the project.

(6) Permit fees.

(7) Insurance or bonds associated with the construction of the project.

(8) Security bonds, necessary reserves and costs of establishing and securing total financing arrangements for the project.

(9) Interest during construction or financing of the project and allowance for funds used during construction.

(10) Project construction, including labor, materials, machinery, equipment and site preparation associated with the project.

(11) Other costs determined by the Board to be necessary or incidental to the project.

(b) Funds encumbered or advanced for the project which are not used for eligible costs in the project shall be returned to the fund or account from which they originated for reallocation and use in other projects.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.8 Ineligible costs.

(a) Sewerage. The following activities conducted in conjunction with sewerage project development and construction are not eligible for financial assistance:

(1) Cost of acquisition or construction of house laterals and interior plumbing.

(2) Projects that have not secured planning and permit approvals under Chapters 71, 91 and 92 (relating to administration of sewage facilities program; general provisions; and National Pollutant Discharge Elimination System permitting, monitoring and compliance).

(3) Costs associated with the purchase of land that is not a component in the physical, biological or chemical treatment process.

(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.

(5) Costs associated with replanning or redesign subsequent to loan approval except where unforeseen site conditions discovered during construction requires replanning or redesign.

(6) Costs associated with the development of an approvable Official Sewage Plan under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20).

(7) Costs associated with refinancing projects, as specified in section 10(m) of the act (35 P. S. § 751.10(m)).

(b) Industrial wastewater. The following activities conducted in conjunction with industrial wastewater project development and construction are not eligible for financial assistance:

(1) Cost of acquisition or construction of interior plumbing.

(2) Projects which have not secured planning and permit approvals under Chapters 91 and 92.

(3) Costs associated with the purchase of land that is not a component in the physical, biological or chemical treatment process.

(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.

(5) Costs associated with replanning or redesign subsequent to financial assistance approval except if unforeseen site conditions discovered during construction requires replanning or redesign.

(6) Costs associated with the extraction for profit of minerals or other resources from wastewater or sludges.

(7) Costs associated with refinancing projects, as specified in section 10(m) of the act.

(c) Water systems. The following activities conducted in conjunction with water project development and construction are not eligible for financial assistance.

(1) Projects or those portions of projects not related to a water system.

(2) The cost of acquisition or construction of interior plumbing and fixtures.

(3) Legal or professional fees associated with litigation of a Commonwealth enforcement action.

(4) Projects for water systems which are not in compliance with requirements established under the Pennsylvania Safe Drinking Water Act (35 P. S. § § 721.1—721.17), unless the purpose of the project is to bring the water system into compliance.

(5) Costs associated with refinancing projects, as specified in section 10(m) of the act.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.9 Grants.

(a) Grants will be considered only when the Board determines that the financial condition of the recipient is such that repayment of a loan is unlikely and that the recipient will not be able to proceed with the project without a grant. If the Board determines that a grant is appropriate, the Board will attempt to mix the grant funds with loan funds, if financially possible.

(b) In determining whether a grant should be offered, and, if so, what proportion of the financial assistance offered should constitute a grant and what portion should constitute a loan, the Board will consider the ultimate effect that financing a project’s costs will have on the rates that customers will have to pay. A rate increase will be compared with local incomes and ability to pay in assessing the need for a grant. In doing this assessment, the Board may consider factors including, but not limited to, the following:

(1) The median household income of the system’s service area.

(2) Existing and projected user fees.

(3) The financial condition of the applicant, including revenues, expenses, debt structure, equity position, available collateral and financial condition of an owner or parent organization.

(4) The social, economic and financial condition of the community served, including population change, percentage of senior citizens and percentage of low and moderate income persons.

(5) The inability of the applicant to secure grant funding from other sources.

(c) The Board may limit individual grant awards to whatever amount it deems desirable.

(d) Grants will be made subject to the terms and conditions that the Board establishes.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.10 Loans.

(a) The term of loans shall normally be 20 years from the day the loan agreements are executed. The Board may specify different terms in cases that it deems necessary or desirable to do so.

(b) The borrower shall pay interest at the determined rate on funds disbursed during construction. Upon completion of the project and its acceptance by the Board, or upon 3 years from the date the loan agreements are executed, whichever comes first, payments of principal and interest shall become due and payable upon an amortization schedule to be established by the Board. The Board may defer the initiation of the repayment of principal up to 5 years from the date the loan agreements are executed. The borrower may begin principal and interest payments sooner than required in this subsection if it so chooses.

(c) The minimum rate of interest to be paid on a loan shall be 1%. The maximum rate of interest may not exceed the following:

(1) For projects in counties where the unemployment rate exceeds the Statewide unemployment rate by 40% or more, 1% for the first 5 years and 25% of the bond interest rate for the remainder of the loan.

(2) For projects in counties where the unemployment rate exceeds the Statewide unemployment rate, but exceeds it by less than 40%, 30% of the bond interest rate for the first 5 years and 60% of the bond interest rate for the remainder of the loan.

(3) For other projects, 60% of the bond interest rate for the first 5 years and 75% of the bond interest rate for the remainder of the loan.

(4) For projects located within municipalities for which unemployment rates exist that would qualify the project for lower interest rates than if the relevant county unemployment rates were used, the unemployment rate of that municipality may be used in determining the interest rate on the loan.

(d) For purposes of this subsection, the phrase ‘‘unemployment rate of the county’’ means the average unemployment rate for the county in the most recent calendar year for which data have been finalized. For the projects which serve multiple counties, the highest unemployment rate of the counties involved shall be used. The unemployment data utilized shall be data reported by the Department of Labor and Industry. For purposes of this subsection, the phrase ‘‘bond interest rate’’ is the rate of interest paid by the Commonwealth immediately preceding the date of the loan for the general obligation bonds used to finance the loan.

(e) In establishing the interest rate of a loan, the Board will consider the ultimate effect that the financing of a project’s costs will have on the rates customers will have to pay. A rate increase will be compared with local incomes and ability to pay in determining a loan’s interest rate. In the process of setting an interest rate, the Board may consider factors including, but not limited to:

(1) The current market interest rate.

(2) The financial, social and economic condition of the area served by the project including, but not limited to, the unemployment rate in the project county as it compares to the Statewide average unemployment rate.

(3) The financial condition of the applicant.

(4) The median household income in the system’s service area.

(5) Historical, existing and projected user fees.

(6) The financial condition of the Authority and the necessity to maintain the Authority’s funds in a financially sound manner.

(f) Loans shall be made subject to the terms and conditions that the Board establishes.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.11 Funding limitations.

In no case may total assistance to a single project total more than $11 million or $20 million if a project serves more than one municipality, except that the Board by an affirmative vote of at least nine members may authorize loans in excess of $20 million to comprehensive projects providing or proposing consolidated services to a region encompassing all or parts of four or more municipalities.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

25 Pa. Code § 961.12 Project implementation and reporting.

For each project approved by the Board, the administrative staff will develop financial assistance documents which will, among other things, define the terms and conditions under which the financial assistance is offered, the project management plans, project cost breakdown, project scope, reporting requirements and other legal documents as determined to be necessary by the Authority.

History

• Authority: The provisions of this Chapter 961 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 961 adopted July 22, 1988, effective July 23, 1988, 18 Pa.

Chapter 963 Pennsylvania Infrastructure Investment Authority Assistance

25 Pa. Code § 963.1 Definitions.

The following words and terms, when used in this chapter, have the following meaning, unless the context clearly indicates otherwise: Act—The Pennsylvania Infrastructure Investment Authority Act (35 P. S. § § 751.1—751.20). Administrative staff—The staff specifically assigned to administer the regular business of the Board. Applicant—An owner or operator of a facility or system for the collection, treatment or disposal of wastewater, including industrial wastewater, or for the collection, treatment, storage or distribution of drinking water or of nonpoint source projects or estuary protection projects that submits a written application requesting financial assistance. Approved applicant—An applicant whose application for financial assistance has been approved by the Board. Authority—The Pennsylvania Infrastructure Investment Authority. Binding commitment—A legal obligation between the Authority and an approved applicant that defines the terms and conditions for financial assistance from the Authority including assistance from the Clean Water State Revolving Fund. Board—The Board of Directors of the Authority. Bonds—Bonds, notes or their evidences of indebtedness issued by the Authority under the act. Borrower—An approved applicant who has entered into a binding commitment with the Authority. Clean Streams Law—The Clean Streams Law (35 P. S. § § 691.1—691.1001). Clean Water Act—The Federal Water Pollution Control Act of 1977, as amended by the Water Quality Act of 1987 (33 U.S.C.A. § § 1251—1387). Comprehensive Water Facilities Plan—A comprehensive plan for wastewater disposal and piped drinking water facilities prepared by the Department under section 11 of the act (35 P. S. § 751.11). Construction—Actions necessary for the erection, building, acquisition, alteration, remodeling, improvement or expansion of drinking water or sewerage facilities or nonpoint source projects or estuary protection projects. County-prepared watershed plans—Stormwater management plans for the watershed prepared under the Storm Water Management Act. Department—The Department of Environmental Protection of the Commonwealth. EPA—The United States Environmental Protection Agency. Eligible cost—The cost of labor, materials, machinery and equipment, lands, property, rights and easements, plans and specifications, surveys or estimates of costs and revenues, prefeasibility studies, engineering and legal services and other expenses necessary or incident to the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a project. Estuary protection project—A project necessary for development and implementation of an estuary conservation and management plan under section 320 of The Clean Water Act (33 U.S.C.A. § 1330). Governmental unit—An agency of the Commonwealth or a county, municipality or school district, or an agency, instrumentality, authority or corporation thereof; or a public body having local or regional jurisdiction or power. Industrial wastewater project—The eligible costs associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system for the collection, treatment or disposal of industrial wastewater resulting from manufacturing or industry or from another establishment. Nonpoint source project—A project which does not have a discernable or confined discrete conveyance, and which is necessary for the implementation of a nonpoint source pollution control program under section 319 of the Clean Water Act (33 U.S.C.A. § 1329). Operation/maintenance costs—Costs associated with activities required to assure the dependable, efficient and economical function of wastewater or drinking water facilities, nonpoint source projects and estuary protection projects or costs associated with the preservation of the functional integrity and efficiency of equipment and structures, including preventative maintenance and replacement equipment. Part I Permit—A National Pollutant Discharge Elimination System (NPDES) permit issued by the Department under section 5 of The Clean Streams Law (35 P. S. § 691.5) and section 402 of the Clean Water Act (33 U.S.C.A. § 1342). Part II permit—A Water Quality Management permit issued by the Department under section 5 of The Clean Streams Law. Project—The eligible costs associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of any system or facility, whether publicly or privately owned:

(i) For the collection, treatment or disposal of wastewater, including industrial waste, or for nonpoint source projects or estuary protection projects.

(ii) For the supply, treatment, storage or distribution of drinking water.

(iii) In a public system or facility for the control of stormwater, which may include, the transport, storage and infiltration of stormwater, or costs for the best management practices to address point or nonpoint source pollution associated with stormwater runoff, or other innovative techniques identified in the county-prepared watershed plan under the Storm Water Management Act. Regional stormwater facility—A stormwater facility located at a strategic location in a watershed, generally at the confluence of a stream and its tributaries, to provide optimum detention/retention and water quality benefits. Second opinion project review—A review and evaluation of a project engineering design which shall include the analysis of the basic functions of a facility, system or process and shall identify alternatives, if any, for achieving these basic functions at lower costs or increased revenues. The evaluation shall be conducted by a design engineer or design engineering firm, at the discretion of the applicant. The design engineer or design engineering firm chosen by the applicant shall be independent of the project engineer and shall be a professional engineer licensed by the Commonwealth. Sewerage facilities—Devices and systems for the storage, treatment, recycling and reclamation of municipal or domestic wastewater or necessary to reliably recycle or reuse water at the most economical cost over the useful life of the works. The term includes intercepting sewers, outfall sewers, sewage collection systems, individual systems, pumping, power, and other equipment and their appurtenances; extensions, improvement, remodeling, additions and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and works, including site acquisition of the land that will be an integral part of the treatment process or is used for ultimate disposal of residues resulting from treatment, including land for composting sludge and temporary storage of the compost and land used for the storage of treated wastewater in land treatment systems before land application; or another method or system for preventing, abating, reducing, storing, treating, separating or disposing of municipal waste or industrial waste, including waste in combined stormwater and sanitary sewer systems. Sewage Facilities Act—The Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20). Sewerage project—The eligible cost associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a sewerage facility or sewerage system for the collection, treatment or disposal of municipal or domestic wastewater. Sewerage system—An organized method, device or technique considered as an operable unit for preventing, abating, reducing, collecting, storing, conveying, treating, separating or disposing of municipal or domestic wastewater, including waste in combined stormwater and sanitary sewers. Stormwater—Drainage runoff from the surface of the land resulting from precipitation or snow or ice melt. Stormwater facility—A structure to capture, hold, treat or convey stormwater runoff to reduce peak rates or volumes of runoff or enhance water quality, or both. Storm Water Management Act—35 P. S. § § 680.1—680.17. Stormwater system—A group of stormwater facilities considered an operating unit to reduce peak rates or volumes of stormwater runoff or enhance water quality, or both. Useful life—The period of time for which a facility operates and serves its intended purpose. User—A single connection to a system. Wastewater project—An industrial wastewater project or a sewerage project. Water Facilities Loan Board—The board established under 32 Pa.C.S. § 7504 (relating to Water Facilities Loan Board). Water facility—A part of a water system used for collection, treatment, storage or distribution of drinking water. Water project—The eligible cost associated with the acquisition, construction, improvement, expansion, extension, repair or rehabilitation of all or part of a facility or system whether publicly or privately owned for the supply, treatment, storage or distibution of water for human consumption. Watershed—The entire region or area drained by a river or other body of water, whether natural or artificial. Water system—A system which provides water to the public for human consumption which has at least 15 service connections used by year-round residents or regularly serves at least 25 of the same persons over 6 months per year. The term includes collection, treatment, storage and distribution facilities under control of the operator of the system and used in connection with the system. The term includes collection or pretreatment storage facilities not under such control which are used in connection with the system.

The provisions of this § 963.1 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720; amended November 21, 1997, effective November 22, 1997, 27 Pa.B. 6080. Immediately preceding text appears at serial pages (197551) to (197554).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.2 Purpose.

This chapter establishes procedures and criteria for the awarding of financial assistance under the act.

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.3 Scope.

This chapter applies to owners and operators of water, wastewater or stormwater facilities who apply for financial assistance under the act for the acquisition, construction, improvement, expansion, repair or rehabilitation of water, wastewater or stormwater systems.

The provisions of this § 963.3 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial page (136455).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.4 Applicant eligibility.

(a) An owner or operator of a facility or system for the collection, treatment or disposal of wastewater, including industrial wastewater, or an owner or operator of a facility or system for the collection, treatment, storage or distribution of drinking water, is an eligible project sponsor and may apply for financial assistance. The owner or operator shall be a public or private entity, including a person, corporation, partnership, association, municipal authority or governmental unit who has legal and financial responsibility for the project during the term of the financial assistance provided by the Authority.

(b) If the applicant is a lessee or operator, the applicant shall apply jointly with the facility or system owner for financial assistance.

(c) A municipality that is not an owner, operator or lessee may sponsor a project and apply for financial assistance from the Authority if the following conditions are met:

(1) The applicant pledges sufficient collateral, provides sufficient guarantees or otherwise makes financial provisions to assure the Authority, to its satisfaction, that a loan it makes to the applicant will be repaid or that a loan or bond guarantee it provides the applicant will not be compromised.

(2) The applicant enters into agreements with the operator of the project being financed by the Authority and a larger system of which it is a part, to assure the competent, professional operation of the project and system, as well as compliance with section 10(j) of the act (35 P. S. § 751.10(j)) as implemented in § 963.19 (relating to continuing education of system operators).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.5 Financial assistance criteria.

(a) The Board will consider the following criteria when considering applications for financial assistance:

(1) Whether the project will improve the health, safety, welfare or economic well being of the people of this Commonwealth.

(2) Whether the proposed project will lead to an effective or complete long-term solution to the problems experienced with the water supply, sewage treatment or stormwater system to be aided, including compliance with State and Federal statutes, regulations or standards.

(3) The cost-effectiveness of the proposed project in comparison with other alternatives, including other institutional, financial and physical alternatives, known to the Board at the time of its funding decision.

(4) The consistency of the proposed project with other State and regional resource management and economic development plans. These plans may include the State Water Plan, the official sewage plan for the area served adopted under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20), the Comprehensive Water Facilities Plan, when available and the State’s Economic Development Strategy.

(5) Whether the applicant has demonstrated its ability to operate and maintain the project in a proper manner.

(6) Whether the project encourages consolidation of water or sewer systems if the consolidation would enable the customers of the systems to be more effectively and efficiently served.

(7) Whether a stormwater project is sponsored by more than one municipality and is located at strategic locations determined by the basin-wide studies undertaken under the Storm Water Management Act, or other joint municipal or county efforts.

(8) The availability of other sources of funds at reasonable rates to finance all or a portion of the project and the need for Authority assistance to finance the project or to attract the other sources of funding. The Board may require the applicant to participate in financing a project when it determines that the applicant has the financial capability to do so. The extent of applicant participation in financing a project and the reasonableness of interest rates on alternative sources of financing will both be determined by the effect that a project’s financing will have on user rates, relative to users’ ability to pay. To the extent that data availability permits, the Authority will consider the relationship between an applicant’s projected user rates and ability to pay and compare it with systems in comparable socio-economic circumstances. Comparisons will be made separately for sewerage systems, water systems and stormwater systems.

(9) A project will not be considered for financial assistance which will have a detrimental impact on the Commonwealth’s air, land or water, or on the natural scenic, historic or aesthetic values of the environment, unless the environmental harm can be satisfactorily mitigated.

(b) In making comparisons between systems, the Authority recognizes that projects funded by the Authority may entail higher costs for users than those paid by other users in comparable socio-economic circumstances. Reasons for these cost differences could include improved services provided by the new project and construction cost increases that occur over time and that lead to cost differences among projects built at different times.

The provisions of this § 963.5 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (136456) to (136457).

This section cited in 25 Pa. Code § 963.18 (relating to project implementation and reporting).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.6 Funds and accounts.

(a) The Authority may establish separate funds and accounts, under section 5(c) of the act (35 P. S. § 751.5(c)).

(b) On an annual basis, the Board will adopt a budget which will include an estimate by fund and account of monies anticipated to be available to the Authority during the fiscal year and monies anticipated to be committed for projects during the fiscal year.

(c) The Authority will establish the Water Pollution Control Revolving Fund to receive funds under section 603 of the Water Quality Act of 1987 (33 U.S.C.A. § 1383).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.7 Application procedure.

(a) A potential applicant shall first participate in a planning consultation with the Department’s Project Engineer serving the potential applicant’s county. The purpose of the planning consultation is to:

(1) Discuss relevant water supply, wastewater abatement and stormwater management needs.

(2) Perform a prefeasibility assessment to identify and screen alternative solutions, including opportunities for consolidating water systems and other institutional alternatives.

(3) Examine alternative funding sources.

(4) Discuss procedures and information needed to complete the application and implement the project.

(b) The Department’s Project Engineer will follow up the planning consultation with a report sent to the potential applicant describing the meeting contents and decisions reached.

(c) A wastewater project shall meet the planning requirements described in Chapter 71 (relating to administration of sewage facilities program). If the potential applicant is a municipality or municipal authority, it shall prepare or update its Official Sewage Plan under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20). If the potential applicant is a private entity, it shall ensure that its facility is included in the Official Sewage Plan prepared by the municipality in which its wastewater facility is located.

(d) An application shall be made on forms acceptable to the Authority and shall be addressed to the Authority.

(e) A complete application shall be received by the Authority administrative staff by the application cutoff date associated with each regular meeting. The application cutoff dates will be established and published at the same time as the regular meeting schedule for the fiscal or calendar year is established, under the Sunshine Act (65 P. S. § § 271—286). The application cutoff date can be waived by the Board if the project addresses an emergency situation which threatens public health or safety, or the project makes possible an economic development project resulting in retention of existing jobs or the creation of new jobs where the opportunity may be lost without prompt Authority action. The Authority will seek independent confirmation from the Department or the Pennsylvania Emergency Management Agency that a public health or safety emergency does exist, or will seek independent confirmation from the Department of Commerce that an economic development opportunity will be lost without Board action.

(f) An application received by the Authority will be reviewed by the administrative staff for completeness and eligibility. Substantive issues affecting material elements of an applicant’s project shall be resolved to the Authority’s satisfaction at the time of the Authority Board meeting. An application shall include a statement of the status of the permits necessary for the construction and operation of the proposed project which can be obtained prior to construction. For projects which include acquisition, permits are not required until the applicant has the legal authority to submit applications to receive those permits. Construction may not begin until the required permits are in place and written permission is obtained from the Authority.

(g) An application determined to be eligible and complete by the administrative staff will be logged in the order of final receipt by the Authority, and will be dated and forwarded to the Department and the Department of Commerce for review.

(h) If the administrative staff determines an application is ineligible or incomplete, it will provide the applicant with a written explanation of the reasons for the determination.

(i) If an application is determined to be ineligible by the administrative staff, the Board will review the decision if the applicant files a written request with the Authority within 30 days of receipt of the determination.

(j) The Department and the Department of Commerce will provide the administrative staff with a written evaluation of each application. The evaluation by the Department of Commerce will address the economic development criterion while the Department evaluation will address other criteria contained in § § 963.8 and 963.9 (relating to wastewater project evaluation criteria; and water project evaluation criteria).

(k) The administrative staff will provide to the Authority prior to each regularly scheduled Board meeting a written evaluation of each application based upon the criteria in section 10 of the act (35 P. S. § 751.10), including a recommendation to accept, deny or defer. The administrative staff shall provide a recommendation on the amount, types and terms of the financial assistance.

(l) The administrative staff shall provide notice to each applicant, in writing, advising it of the meeting at which its application will be considered.

(m) Following each Board meeting, applicants will be notified in writing of the action taken on their applications.

(n) The fundamental objectives that will guide project selection are long-term improvements to public health, public safety and the environment. Performance on other criteria will also influence project evaluations and selection. Sections 963.8 and 963.9 contain the general criteria that will be used in evaluating projects, and specific examples of performance in each of these criteria.

The provisions of this § 963.7 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (136458) to (136459).

This section cited in 25 Pa. Code § 963.13 (relating to advance funding).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.8 Wastewater project evaluation criteria.

The following are wastewater project evaluation criteria:

(1) Public health and safety.

(i) Direct human impact due to onlot system malfunctions or inadequately treated sewage.

(ii) Severity of individual or public water supply contamination.

(iii) Degree of impact on public bathing areas.

(iv) Severity of safety hazards from deteriorated facilities.

(2) Environmental impact.

(i) Damage to fish and aquatic life.

(ii) Loss of boating and recreation opportunity.

(iii) Impact on industrial water supply uses.

(iv) Impact on crop irrigation.

(v) Degradation of streams used for stock watering.

(vi) Reduction in pollution required in section 117 of the Water Quality Act of 1987 (33 U.S.C.A. § 1267), known as the Chesapeake Bay Agreements.

(3) Economic development.

(i) Development activity and job creation/retention resulting directly or indirectly from the project.

(ii) Opportunity to use other State programs, such as the Business Infrastructure Development, Site Development and Community Facilities programs, to fund the project.

(iii) Degree of local distress in the county where the project is located.

(4) Compliance.

(i) Enforcement status of the project.

(ii) Existence of overload conditions.

(5) Adequacy, efficiency and social impact.

(i) Extent that reorganization or consolidation of facilities will be accomplished.

(ii) Population directly affected.

(iii) Median household income in comparison to Statewide median.

(iv) The ongoing ability of the applicant to operate and maintain the project facilities and system.

(v) An increase in the reliability of service.

(vi) Efficiency of the proposed solution when compared with other alternatives.

This section cited in 25 Pa. Code § 103.5 (relating to preparation of project lists); 25 Pa. Code § 963.7 (relating to application procedure); and 25 Pa. Code § 963.11 (relating to eligible costs).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.9 Water project evaluation criteria.

The following are water project evaluation criteria:

(1) Public health.

(i) Elimination of an ongoing public health hazard.

(ii) Elimination of a periodic or potential health hazard.

(iii) Preventive maintenance—related to health hazards.

(2) Public safety.

(i) Elimination of an ongoing safety hazard.

(ii) Elimination of a periodic or potential safety hazard.

(iii) Preventive maintenance—related to safety hazards.

(3) Economic development.

(i) Development activity and job creation/retention resulting directly or indirectly from the project.

(ii) Opportunity to use other State programs, such as the Business Infrastructure Development, Site Development and Community Facilities programs, to fund the project.

(iii) Degree of local distress in the county where the project is located.

(4) Compliance-improvement in water system compliance.

(5) Environmental and social impact.

(i) Beneficial environmental and social impacts.

(ii) Beneficial environmental impact only.

(iii) Beneficial social impact only.

(6) Adequacy and efficiency.

(i) Increase in availability of water, consolidation of systems, water conservation or improvement in aesthetic water quality.

(ii) The ongoing ability of the applicant to operate and maintain the project facilities and system.

(iii) An increase in the reliability of service.

(iv) Efficiency of the proposed solution when compared with other alternatives.

This section cited in 25 Pa. Code § 963.7 (relating to application procedure); and 25 Pa. Code § 963.11 (relating to eligible costs).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.9a Stormwater project evaluation criteria.

The following are stormwater project evaluation criteria:

(1) Public health and safety.

(i) Elimination of critical ongoing safety or health hazard.

(ii) Elimination of a chronic safety or health hazard which frequently occurs.

(iii) Elimination of a potential safety or health hazard associated with periodic flooding.

(2) Environmental impact.

(i) The improvement or prevention of a problem to the environment or to natural resources.

(ii) Whether the project is located in areas of karst topography and susceptible to sinkhole development or has no natural watercourse within the municipal boundaries encompassing the project.

(3) Economic development.

(i) Development, activity and job creation retention resulting directly or indirectly from a project.

(ii) Opportunity to use other State programs, such as the Business Infrastructure Development, Site Development and Community Facilities Programs, to fund the project.

(iii) Degree of local distress in the county where the project is located.

(4) Compliance.

(i) Improvement of compliance with existing laws, rules and regulations if compliance will eliminate the necessity to issue an order.

(ii) Compliance with law, an order, decree, agreement or a deadline specified in regulation.

(5) Adequacy and efficiency.

(i) The extent that the project proposes facility regionalization or system consolidation to improve operation, maintenance or function of the stormwater facility.

(ii) The extent that the project involves multiple-governmental participation.

(iii) The extent that the project has a sponsoring municipal entity which has a population less than or equal to 12,000 residents as reported in the latest census.

The provisions of this § 963.9a adopted July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720.

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.10 Approval of applications: priority of loans.

(a) At each regularly scheduled meeting, the Board will approve, deny or defer each application presented at the meeting.

(b) The deferral of an application will not have an effect on its priority or ranking at a subsequent Board meeting.

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.11 Eligible costs.

(a) In addition to the costs eligible for assistance enumerated in the act, eligible project costs considered by the Board include the following:

(1) Project design and engineering incorporated in the final project, including the development of prefeasibility, feasibility and planning studies, plans, specifications, cost estimates, surveys, project inspection and management and costs associated with the completion of a second opinion project review required under § 963.20 or § 965.7 (relating to second opinion project review).

(2) Financial condition and audit reports required for financial assistance application.

(3) Administrative costs, including financial reporting costs, generated by the project and specifically included in the financial assistance agreement. These costs include the cost associated with completing the application itself.

(4) Acquisition of property rights, including that of necessary easements or rights-of-way, and equipment that are preliminary to or a necessary part of the project. Acquisition of property rights may include the costs associated with the acquisition, including taxes, fees, surveys, title insurance and relocation fees specifically included in the financial assistance agreement.

(5) Capital contributions to be paid by the applicant for the use of existing treatment, storage, distribution or related capacity. Section 963.17 (relating to funding limitations) applies to the payment of capital contributions. In particular, capital contributions paid prior to approval by the Authority, and in the absence of a letter of no prejudice issued by the Authority, will not be considered eligible costs. Capital contributions are eligible costs only when the following conditions are met:

(i) The use of the capacity by the applicant is either acquired for the life of the capacity or is leased for a sufficiently long period and with rights and privileges as to be tantamount, in the Authority’s judgment, to acquisition.

(ii) The price charged for the capacity does not exceed the sum of the following:

(A) The applicant’s proportionate share of the unpaid principal of a debt incurred to finance construction of the capacity. The applicant’s proportionate share equals the percentage of the existing capacity that the applicant is acquiring or leasing.

(B) Costs incurred by the capacity’s owner to modify the capacity to make it available for the applicant’s use.

(iii) The financing of capital contributions by the authority does not result in rate reductions to existing users beyond those attributable to the mere spreading of common costs over a larger number of users, comprised of existing users and those represented by the applicant.

(iv) If the capacity being acquired or leased is already in use, the evaluation of the project under the criteria in § § 963.8 and 963.9 (relating to wastewater project evaluation criteria; and water project evaluation criteria) is on a net benefit basis. Only benefits that are in excess of the benefits already being generated by use of the capacity shall be counted in evaluating the project.

(v) The financing of capital contributions by the authority neither directly nor indirectly jeopardizes a source of authority funds. In particular, that portion of a capital contribution financed by the Authority equal to the unpaid principal of a tax-exempt debt incurred to finance construction of the capacity shall be used to retire that debt.

(vi) The financing of capital contributions by the authority does not directly or indirectly duplicate the assistance provided by the Authority for a project.

(6) Legal service fees generated by the project.

(7) Permit fees.

(8) Insurance or bonds associated with the construction of the project.

(9) Security bonds, necessary reserves and costs of establishing and securing total financing arrangements for the project.

(10) Interest during construction or financing of the project and allowance for funds used during construction.

(11) Project construction, including labor, materials, machinery, equipment, site preparation and restoration costs associated with the project.

(12) Other costs the Board has determined to be necessary or incident to the project. The applicant shall demonstrate that the activities associated with these costs are integral to the proposed project and that the costs are unavoidable.

(b) Eligible costs incurred prior to an application being considered by the Board may be reimbursed in assistance provided by the Board, except that acquisition and construction costs are not reimbursable unless the applicant obtains a letter of no prejudice under § 963.17(b).

(c) Funds encumbered or advanced for the project which are not used for eligible costs in the project shall be returned to the fund or account from which they originated for reallocation and use in other projects.

The provisions of this § 963.11 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 771; amended May 3, 1991, effective May 4, 1991, 21 Pa.B. 2006; amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720; amended November 21, 1997, effective November 22, 1997, 27 Pa.B. 6080. Immediately preceding text appears at serial pages (197562) to (197564).

This section cited in 25 Pa. Code § 963.12 (relating to ineligible costs).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.12 Ineligible costs.

(a) Sewerage. The following activities conducted in conjunction with sewerage project development and construction are not eligible for financial assistance:

(1) Costs of acquisition or construction of interior plumbing and that portion of house laterals that is neither owned by, nor the responsibility of, the applicant wastewater system.

(2) Projects that have not secured planning and permit approvals under Chapters 71, 91 and 92 (relating to administration of sewage facilities planning program; general provisions; and National Pollutant Discharge Elimination System permitting, monitoring and compliance).

(3) Costs associated with the purchase of land that is not a component in the collection process or the physical, biological or chemical treatment process or are costs which would not qualify as ‘‘eligible costs’’ under § 963.11(a)(4) (relating to eligible costs).

(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.

(5) Costs associated with replanning or redesign subsequent to loan approval except where unforeseeable site conditions discovered during construction require replanning or redesign. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in examining site conditions before planning and design were finalized. The Authority may also approve replanning or redesign costs if the replanning or redesign would result in cost savings sufficient, in the Authority’s judgment, to justify those costs.

(6) Costs associated with the development of an approvable official sewage plan under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20).

(7) Costs associated with the extraction for profit of minerals or other resources from wastewater or sludges unless, in the case of public facilities, the profits from the extraction will be used solely to reduce system user costs.

(b) Industrial wastewater. The following activities conducted in conjunction with industrial wastewater project development and construction are not eligible for financial assistance:

(1) Costs of acquisition or construction of interior plumbing.

(2) Projects which have not secured planning and permit approvals under Chapters 91 and 92.

(3) Costs associated with the purchase of land that is not a component in the collection process or the physical, biological or chemical treatment process or costs which would not qualify as eligible costs under § 963.11(a)(4).

(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.

(5) Costs associated with replanning or redesign subsequent to financial assistance approval except where unforeseeable site conditions discovered during construction requires replanning or redesign. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in examining site conditions before planning and design were finalized.

(6) Costs associated with the extraction for profit of minerals or other resources from wastewater or sludges.

(c) Water systems. The following activities conducted in conjunction with water project development and construction are not eligible for financial assistance:

(1) Projects or those portions of projects not related to a water system.

(2) Costs of acquisition or construction of interior plumbing and fixtures.

(3) Costs associated with the purchase of land that is not a component in the collection, treatment or distribution process; or are costs which would not qualify as eligible costs under § 963.11(a)(4).

(4) Legal or professional fees associated with litigation of a Commonwealth enforcement action.

(5) Projects for water systems which are not in compliance with requirements established under the Pennsylvania Safe Drinking Water Act (35 P. S. § § 721.1—721.17) unless the purpose of the project is to bring the water system into compliance.

(6) Costs associated with replanning or redesign subsequent to loan approval except where unforeseeable site conditions discovered during construction require replanning or redesign. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in examining site conditions before planning and design were finalized.

(d) Stormwater projects. The following costs associated with stormwater projects development are not eligible for financial assistance:

(1) Costs associated with a stormwater project located within a watershed for which a county has not adopted a watershed stormwater management plan, as required by the Storm Water Management Act, shall be ineligible for financial assistance under the act, except that:

(i) Costs associated with a project within a watershed which includes land in more than one county and for which the Department has required that a joint plan for the entire watershed be submitted by the affected counties shall be ineligible for financial assistance under the act only if any county in which the project is located is found to have failed to cooperate in the development of the joint plan.

(ii) A stormwater project specifically designed to maintain or improve, or both, existing water quality and to comply with the National Pollutant Discharge Elimination System (NPDES) stormwater permitting requirements shall be eligible for financial support under the act.

(iii) Costs associated with a project located in a municipality which has enacted a stormwater management ordinance requiring land owners and persons engaged in the alteration or development of land to implement measures to ensure that the maximum rate of stormwater runoff is no greater after the development than prior to development activities or to manage the quantity, velocity and direction of resulting stormwater runoff in a manner which otherwise adequately protects the health and property of residents from the possibility of injury as required by the Storm Water Management Act shall be eligible for financial support under the act.

(2) Costs associated with a stormwater project located within a municipality which is not implementing ordinances under an existing county-prepared and Department-approved watershed plan.

(3) Costs associated with a project in which work is done within the stream, including activities such as widening/realignment of channel, improvements along banks and bed of the channel and increasing capacity of the channel.

(4) Costs associated with projects or those portions of projects not related to a stormwater system as determined by project staff. The staff determination will be submitted to the applicant in writing.

(5) Costs associated with legal or professional fees directly related to litigation of a Commonwealth enforcement action.

(6) Costs associated with projects for stormwater systems which are not in compliance with the requirements established under the Storm Water Management Act unless the purpose of the project is to bring the stormwater system into compliance.

(7) Costs associated with replanning or redesign subsequent to loan approval except where unforeseeable site conditions discovered during construction require replanning or redesigning. The applicant/borrower shall demonstrate to the Authority that extensive effort was made in existing site conditions before planning and design were finalized. The Authority may also approve replanning and redesign costs if the replanning or redesign would result in cost savings sufficient, in the Authority’s judgment, to justify those costs.

The provisions of this § 963.12 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 771; amended May 3, 1991, effective May 4, 1991, 21 Pa.B. 2006; amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (159276) to (159277).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.13 Advance funding.

(a) Advance funding assistance. The Authority may make funding available to finance those activities undertaken prior to application for construction financing—for example, feasibility analyses, design and engineering work. Definitions, provisions, restrictions, procedures and authorizations that are enumerated in the act and in this chapter apply in the same manner to advance funding assistance as they do to construction financing assistance, except as modified by subsections (b)—(i).

(b) Types of assistance.

(1) Drinking water projects. Advance funding assistance may be available for two separate types of activities, each requiring the submittal of its own application as follows:

(i) Feasibility analyses. Costs associated with prefeasibility and feasibility studies may be funded. Applicants shall complete an Advance Funding Application for Feasibility Analyses to apply for the funding needed to help identify problems, possible solutions, alternative sources of financing, and the like, and to perform related tasks undertaken prior to, but not including, the design and engineering of a potential construction project.

(ii) Design and engineering. Costs associated with design and engineering work can be funded by financial assistance obtained by completing an Advance Funding Application for Design and Engineering. Eligible costs include those incurred between the point of completing a feasibility analysis and the point of applying for construction financing, although prior costs incurred for feasibility analysis may be reimbursed by this financial assistance.

(2) Wastewater projects. Advance funding will be available only for design and engineering. Costs incurred prior to this will not be eligible for financing by advance funding as long as 50% grants remain available for reimbursing costs incurred under the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20).

(3) Stormwater systems.

(i) Feasibility analyses. Section 963.7(a) and (b) (relating to application procedure) applies. After the tasks described in § 963.7(a) and (b) are complete, an applicant may submit to the Authority an Advance Funding Application for Feasibility Analyses.

(ii) Design and engineering. Section 963.7(a) and (b) applies. After the tasks described in § 963.7(a) and (b) are complete, an applicant may submit to the Authority an Advance Funding Application for Design and Engineering.

(c) Terms of loans. Advance funding loans will be for a term of up to 5 years. Repayment will begin at the completion of the feasibility analysis or design and engineering work—as applicable—funded by this loan. If the recipient of an advance funding loan subsequently receives a higher level of Authority assistance—for example, for either design and engineering or construction, as applicable—the outstanding balance of the advance funding loan may be subsumed in this assistance and, in the case of a subsequent loan, carry the terms established by that subsequent loan.

(d) Funding limitations. Section 963.17 (relating to funding limitations) applies, with the exception that the applicable funding limits shall be 10% of the amounts specified in § 963.17(f). In other cases, the provisions established pursuant to construction are applicable to feasibility analyses or design and engineering, as is appropriate.

(e) Total amount of available advance funding assistance. It will be the Authority’s general goal to set aside up to 10% of total available financial assistance for advance funding during a fiscal year. This percentage can be exceeded with an affirmative vote of nine members of the Board.

(f) Additional requirements for applications.

(1) Drinking water systems.

(i) Feasibility analyses. Section 963.7(a) and (b) applies. After the tasks described in § 963.7(a) and (b) are complete, an applicant may submit to the Authority, an Advance Funding Application for Feasibility Analyses.

(ii) Design and engineering. Section 963.7(a) and (b) applies. After the tasks described in § 963.7(a) and (b) are complete, an applicant may submit to the Authority an Advance Funding Application for Design and Engineering.

(2) Wastewater systems. Section 963.7(a)—(c) applies. After the tasks described in § 963.7(a)—(c) are complete, an applicant may submit to the Authority an Advance Funding Application for Design and Engineering.

(g) Continuation of overall project. A recipient of financial assistance for advance funding shall initiate construction of the proposed project in accordance with the time frames established by the Authority at the time of approval. If the recipient fails to implement the proposed project in accordance with either the original approved time frame schedule or an amended schedule approved by the Authority, funds disbursed to the recipient by the Authority shall immediately be due and payable. The Authority will exercise power it deems necessary or appropriate under section 6 of the act (35 P. S. § 751.6) to effectuate the repayment of these amounts.

(h) Effect of advance funding assistance. The awarding of advance funding assistance will not have an effect on the priority or ranking of subsequent applications submitted by the recipient for higher levels of Authority assistance.

(i) Limitation. Advance funding assistance will not be made available that might jeopardize or compromise a source of Authority funds.

The provisions of § 963.13 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (159278) to (159279) and (136467).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.14 Grants.

(a) A grant will be considered only when the Board determines that the financial condition of the recipient indicates that repayment of a loan is unlikely and that the recipient will not be able to proceed with the project without a grant. If the Board decides to award a grant, the Board will attempt to mix the grant funds with loan funds.

(b) In determining whether a grant should be offered, and, if so, what proportion of the financial assistance offered should constitute a grant and what portion should constitute a loan, the Board will consider the ultimate effect that financing a project’s costs will have on the rates that customers will have to pay. A rate increase will be compared with local incomes and ability to pay in assessing the need for a grant. In doing this assessment, the Board may consider factors including, but not limited to, the following:

(1) The median household income of the system’s service area.

(2) Existing and projected user fees.

(3) The financial condition of the applicant, including revenues, expenses, debt structure, equity position, available collateral and financial condition of an owner or parent organization.

(4) The social, economic and financial condition of the community served by the project in comparison with communities in similar socio-economic circumstances.

(5) The inability of the applicant to secure grant funding from other sources.

(c) The Board may limit individual grant awards to whatever amount it deems desirable.

(d) A grant will be made subject to terms and conditions the Board establishes.

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.15 Loans.

(a) The term of loans shall normally be 20 years from the day the loan agreements are executed. The Board may specify different terms in cases that it deems necessary or desirable to do so.

(b) The borrower shall pay interest at the determined rate on funds disbursed during construction. Upon completion of the project and its acceptance by the Board, or upon 3 years from the date the loan agreements are executed, whichever comes first, payments of principal and interest shall become due and payable upon an amortization schedule to be established by the Board. The Board may defer the initiation of the repayment of principal up to 5 years from the date the loan agreements are executed. The borrower may begin principal and interest payments sooner than required here, if it so chooses.

(c) The minimum rate of interest to be paid on a loan is 1%. The maximum rate of interest may not exceed the following:

(1) For projects in counties where the unemployment rate exceeds the Statewide unemployment rate by 40% or more, 1% for the first 5 years and 25% of the bond interest rate for the remainder of the loan.

(2) For projects in counties where the unemployment rate exceeds the Statewide unemployment rate, but exceeds it by less than 40%, 30% of the bond interest rate for the first 5 years and 60% of the bond interest rate for the remainder of the loan.

(3) For other projects, 60% of the bond interest rate for the first 5 years and 75% of the bond interest rate for the remainder of the loan.

(4) For projects within municipalities for which unemployment rates exist which would qualify the project for lower interest rates than if the relevant county unemployment rates were used, the unemployment rate of that municipality may be used in determining the interest rate on the loan.

(5) As used in this subsection, ‘‘unemployment rate of the county’’ means the average unemployment rate for the county in the most recent calendar year for which data have been finalized. For the projects which serve multiple counties, the highest unemployment rate of the counties involved shall be used. The unemployment data utilized shall be data reported by the Department of Labor and Industry.

(6) As used in this subsection, ‘‘bond interest rate’’ means the rate of interest paid by the Commonwealth immediately preceding the date of the loan for the general obligation bonds used to finance the loan.

(d) In establishing the interest rate of a loan, the Board will consider the ultimate effect that financing a project’s costs will have on the rates that customers will have to pay. A rate increase will be compared with local incomes and ability to pay in determining a loan’s interest rate. In the process of setting an interest rate, the Board may consider factors including, but not limited to, the following:

(1) The current market interest rate.

(2) The financial, social and economic condition of the area served by the project in comparison with communities in similar socio-economic circumstances.

(3) The financial condition of the applicant.

(4) The median household income in the system’s service area.

(5) Historical, existing and projected user fees.

(6) The financial condition of the Authority and the necessity to maintain the Authority’s funds in a financially sound manner.

(e) A loan will be made subject to terms and conditions the Board establishes.

(f) A loan made to a governmental unit is subject to the Local Government Unit Debt Act (53 P. S. § § 6780-1—6780-609).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.16 Other forms of assistance.

The Authority may provide other forms and methods of assistance in addition to loans and grants, as provided in section 10(h) of the act (35 P. S. § 751.10(h)). Other forms and methods include, but are not limited to, bond and loan guarantees and the purchase or insurance of bonds.

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.17 Funding limitations.

(a) Refinancing.

(1) As provided in section 10(m) of the act (35 P. S. § 751.10(m)), financial assistance will not be available for refinancing of a project, except that the Water Pollution Control Revolving Fund may be used to the extent authorized by the Water Quality Act of 1987 (33 U.S.C.A. § § 1251—1387; 1414a) for a project commenced after March 7, 1985.

(2) The provision of financial assistance by the Authority will be prohibited under this section when one of the following conditions applies for an applicant’s project:

(i) Construction is initiated prior to the time that application to the Board for financial assistance is approved, and, except as otherwise provided in subsection (b) or (h), a Letter of No Prejudice has not been issued by the Authority.

(ii) The applicant has adequate long-term financing in place prior to initiation of construction, and completion of the project with this financing will result in reasonable user rates, relative to the project users’ ability to pay, and the rates paid by users of systems in comparable socio-economic circumstances.

(3) For purposes of this section, the term ‘‘long-term financing’’ excludes a credit accommodation—including a loan, line of credit, bond financing or other credit facility—which:

(i) Has a final maturity date not exceeding the later of one of the following:

(A) Five years from the date the credit accommodation was consummated.

(B) Six months following the anticipated completion of construction, as evidenced by a certificate of the consulting engineer to the applicant or other evidence acceptable to the Authority.

(ii) Can be prepaid by the applicant on or before a date which is not later than 90 days following the date upon which the financial assistance is provided by the Authority.

(b) Letters of No Prejudice.

(1) Exceptions to the general prohibition against initiation of construction prior to consideration by the Board may be made when a project is required to proceed before an application for financial assistance can be approved by the Board. In this case, a potential applicant may apply to the Authority for a Letter of No Prejudice, wherein the Authority agrees to consider a future application for financial assistance without limitation or prejudice even if project construction has begun at that time. If the Authority issues a Letter of No Prejudice, project construction can begin without jeopardizing or benefiting a future application.

(2) A Letter of No Prejudice may be granted by the Authority if a project is required to be initiated to accomplish one of the following:

(i) Comply with a State or Federal regulatory order; for example, a Department Consent Order and Agreement.

(ii) Attend to some demonstrable public health or safety emergency.

(iii) Make possible an economic development project resulting in retention of existing jobs or the creation of new jobs where the opportunity may be lost because of delay.

(3) The Authority will seek independent confirmation from the Department or other appropriate State or Federal agencies that a public health or safety emergency justifying issuance of a Letter of No Prejudice does in fact exist. The Authority will seek similar confirmation from the Department of Commerce regarding the possible loss of an economic development opportunity.

(c) Partial funding.

(1) The Authority reserves the right to provide funding for only a portion of the total costs of a project or only a portion of the amount requested in a financial assistance application. Partial funding will be considered when the Authority’s ability to pay analysis indicates that a project’s user fees, relative to ability to pay, would be below those of systems in comparable socio-economic circumstances when the amount of assistance requested in an application is financed at the maximum interest rates defined in section 10(f) of the act. In that case, the amount of assistance provided by the Authority will be reduced below that requested by the applicant until resulting user rates are equivalent to those systems in comparable socio-economic circumstances.

(2) The Authority may also provide only partial funding when it determines that action is necessary to protect the Authority’s financial integrity.

(d) Alternative sources of financing.

(1) An applicant shall explore possible sources of financing for the proposed project before applying to the Authority. The Authority will continue to encourage and assist even a successful applicant to seek alternative resources of financing to supplement financing provided by the Authority.

(2) The extent to which the Authority will require an applicant to rely on available alternative financing will depend upon the effect this financing has on user rates, relative to a project users’ ability to pay and in relation to systems in comparable socio-economic circumstances. This evaluation shall apply to financing secured by an applicant prior to initiation of the application process, as well as financing secured thereafter.

(e) Other forms of assistance. As provided in section 10(h) of the act, the Authority may make full use of other forms of assistance to applicants, in addition to providing loans and grants. This alternative assistance can include bond and loan guarantees and the purchase of bond insurance.

(f) Total funding limits. Total assistance to a single project will not total more than $11 million or $20 million if a project serves more than one municipality, except that the Board by an affirmative vote of at least nine members may authorize loans in excess of $20 million to comprehensive projects providing or proposing consolidated services to a region encompassing all or parts of four or more municipalities.

(g) Limitation. Financial assistance will not be made available that might jeopardize or compromise a source of Authority funds.

(h) Limited exception. Failure by an applicant to request a Letter of No Prejudice prior to initiating construction of a project will not render a subsequent application for financial assistance to the Authority ineligible if the following conditions apply:

(1) The construction was initiated between the dates of March 1, 1988, and February 25, 1989.

(2) The applicant would have otherwise qualified for a Letter of No Prejudice under this chapter.

The provisions of this § 963.17 amended under the Pennsylvania Infrastructure Investment Authority Act (35 P. S. § § 751.1—751.20).

The provisions of this § 963.17 adopted February 24, 1989, effective February 25, 1989, 19 Pa.B. 771; amended October 26, 1990, effective October 27, 1990, 20 Pa.B. 5425; amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (151744) and (171139) to (171140).

This section cited in 25 Pa. Code § 963.11 (relating to eligible costs); 25 Pa. Code § 963.13 (relating to advance funding); and 25 Pa. Code § 965.4 (relating to eligible costs).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.18 Project implementation and reporting.

(a) For each project approved by the Board, the administrative staff will develop financial assistance documents which will, among other things, define the terms and conditions under which the financial assistance is offered, the project management plan, project cost breakdown, project scope and other legal documents determined to be necessary by the Authority.

(b) Before beginning construction work, the applicant and its engineer shall confer with the Department project engineer to confirm the scope and schedule of the project and schedule periodic inspections by the Department. The applicant shall begin construction of the project, in accordance with its application, within 12 months of approval by the Board. If the applicant does not begin implementation within 12 months and continue work without unreasonable interruption, the financial assistance may be withdrawn by the Board.

(c) The applicant may not deviate from the scope, approved design or time schedule for a project unless written approval is given by the Authority.

(1) Scope changes.

(i) If the deviation or change involves one or more of the following it is considered a scope change:

(A) An increase or decrease in the scale of a project that results in either more or fewer people being served.

(B) A change in process that uses a different method to achieve the same result.

(C) Performing a different function within a project.

(ii) Scope changes shall be submitted in writing to the Authority for review and approval, whether they result in a change to an existing contract or not. Failure to do so may jeopardize funding.

(iii) Funding for scope changes will be approved only in the following circumstances:

(A) The change in scope is a result of new or revised State or Federal requirements, not in effect at the time the application was approved for funding by the Board, and enacted prior to the scheduled conclusion of construction as presented to the Authority in the Applicant’s original Organization and Management Plan.

(B) The change in scope is necessary to protect the structural or process integrity of the facilities.

(C) Adverse conditions are identified during the construction of the facilities which could not have been foreseen by the design engineer prior to encountering the condition. The applicant/borrower shall demonstrate to the Board that extensive effort was made in examining site conditions before planning and design were finalized.

(D) The change is necessary to relieve emergency conditions occurring during construction of the facilities.

(2) Change order.

(i) A deviation or change in the design, construction or time schedule of a project not considered a scope change is a change order.

(ii) Change orders shall be submitted in writing to the Authority for review and approval whether they result in a change to an existing contract or not.

(iii) If change orders exceed $25,000 or 2% of the amount of the project’s construction cost, whichever is smaller, or the aggregate cost of all change orders of the project exceed 10% of the project’s construction cost, written prior approval will be required from the Authority and Department.

(3) Funding eligibility. Funding eligibility for scope changes and change orders will be based on the criteria described in section 10 of the act (35 P. S. § 751.10) and § 963.5 (relating to financial assistance criteria).

(4) Consent to changes. Consent of the Authority to a scope change or change order will not be deemed to increase the amount of financial assistance provided without the express approval of the Board.

(5) Refunds. The Authority has the right to request a refund for a cost paid by the Authority including a cost of the project, scope changes or change orders which are deemed to be ineligible.

(d) A request for a disbursal of financial assistance shall be on forms approved by the Authority and shall be submitted on a schedule approved by the Authority.

(e) The applicant shall maintain project progress and financial records, to substantiate expenditures and activities shown on the approved Organization and Management Plan and budget for the project.

(f) The applicant shall furnish the Authority with status reports at the Authority’s request until the project is completed. The applicant shall also provide the Authority with its annual financial report for each year throughout the repayment period of a loan provided by the Authority.

(g) If the applicant fails to comply with this section, the Authority may withdraw the remaining funds allocated to the project, as well as take other action to which it is legally entitled to take.

The provisions of this § 963.18 amended July 7, 1995, effective July 8, 1995, 25 Pa.B. 2720. Immediately preceding text appears at serial pages (151747) to (151748).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.19 Continuing education of system operators.

(a) An applicant for financial assistance shall include a 5-year operator training plan as part of the assistance application. The operator training plan shall be reviewed and updated at 5-year intervals—or more often if appropriate—and shall be submitted to the Authority for approval within 3 months of the end of each 5-year cycle. The 5-year training plan shall specify the education programs in which identified system operators or supporting staff plan to participate each year. The minimum level of educational topics included in the training plan shall correlate to the classification of the treatment facility being operated.

(b) Education sources to be included in the 5-year training plan may include the following:

(1) Water and wastewater treatment facility operator training courses conducted or certified by the Department of Community Affairs or equivalent courses conducted or approved by the Department.

(2) Appropriate related courses provided by an accredited university or institution or approved by the Department.

(3) Specialty courses, professional seminars or operator outreach training programs conducted or sponsored by State or Federal agencies, organizations such as the Water Pollution Control Federation, the Water Pollution Control Association of Pennsylvania, the American Water Works Association, the American Society of Civil Engineers and the National Rural Water Association.

(4) Reasonable substitutions or modifications may be made to the plan if projected training courses are unavailable or become inappropriate.

(c) Certification or other documentation demonstrating participation in the education programs, as identified in each 5-year training plan, shall be submitted as support to training plan renewals.

(d) Failure to submit, maintain, update or follow the approved operator training plan may result in the Authority ceasing financial assistance and recovering prior payments including, but not limited to, the immediate repayment of outstanding loans and interest and grants.

This section cited in 25 Pa. Code § 963.4 (relating to applicant eligibility).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

25 Pa. Code § 963.20 Second opinion project review.

(a) If the total estimated construction cost plus any amount allocated for contingency for a project is greater than $10 million, the applicant shall have a second opinion project review completed.

(1) Prior to project design, an applicant shall participate in a project consultation with the Department and, if required by this section, shall make plans for a second opinion project review.

(2) An applicant shall provide the Department with a time line indicating the anticipated beginning and end dates of the second opinion project review if a review is required by this section.

(b) An applicant shall meet the following requirements when undertaking a second opinion project review:

(1) The second opinion project review shall be planned for and completed by the time the project design is 20% to 40% complete, unless the applicant requests in writing from the Authority an extension of time due to some reasonable and unforeseen circumstance.

(2) The second opinion project review shall focus primarily on the treatment facilities but shall also include an analysis of the total project design. In either case, the review shall include an evaluation of cost effectiveness, complexity and impact of the project on the community.

(3) Upon completion of the second opinion project review, the reviewer shall provide a written report to the applicant which summarizes findings and describes proposed implementation of recommendations. The written report of the second opinion project review shall be issued under seal of a professional engineer licensed to practice in this Commonwealth.

(4) The applicant shall cause the implementation of the reported recommendations to the maximum extent feasible.

(5) A copy of the second opinion project review shall be submitted to the Authority along with a proposal addressing each recommendation and their incorporation into the project design unless to do so would not be cost effective, reliable or reasonable based upon the delay it would cause in the project or because to do so would cause an unreasonable burden upon a factor critical to the treatment or collection system and the environmental impact of the project. The copy of the second opinion project review and the applicant’s proposal shall be submitted to the Authority within 90-calendar days from the completion of the review.

(i) If the Authority disagrees with the reason set forth by the applicant for not adopting a second opinion project review recommendation, the administrative staff may not recommend approval of financial assistance to the Board for that portion of the project.

(ii) An applicant may appeal the administrative staff’s recommendation to the Board, in accordance with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

(c) The second opinion project review report may be used by the administrative staff in the cost effectiveness evaluation performed during the application review process.

The provisions of this § 963.20 adopted November 21, 1997, effective November 22, 1997, 27 Pa.B. 6080.

This section cited in 25 Pa. Code § 963.11 (relating to eligible costs).

History

• Authority: The provisions of this Chapter 963 issued under section 6 of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 963 adopted February 24, 1989, effective February 25, 1989, 19 Pa.

Chapter 965 Clean Water State Revolving Fund

25 Pa. Code § 965.1 Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise: Ad valorem tax—A tax based on the value of real property. Affirmative performance certificate—A certification by the borrower 1 year following the date of initiation of operation stating that the wastewater treatment portion of the project is capable of meeting the design specifications and effluent limitations in the NPDES Part I Permit. CWSRF—Clean Water State Revolving Fund—The funding account established in accordance with the requirements of both the act and the Water Quality Act for the purpose of establishing an environmental infrastructure revolving loan program. Capital financing plan—A 10-year plan which projects future requirements for wastewater treatment service within the applicant’s jurisdiction which includes a description of necessary future expansions or reconstruction for wastewater treatment services, or both, and how this future expansion or reconstruction will be financed. Corrective action report—A report submitted by the borrower if an affirmative performance certification cannot be provided following the 1-year performance period containing an analysis of the causes of the inability to certify, a schedule for the necessary corrective actions and a date that an affirmative performance certification is expected. General facilities plan—The plans and studies which directly relate to sewerage facilities and which are needed to comply with the Water Quality Act and The Clean Streams Law. IUP—Intended Use Plan—A plan identifying the intended uses of the moneys in the CWSRF and describing how those uses support the goals of the CWSRF. Infiltration—Groundwater entering a sewer system through broken pipes, defective pipe joints or illegal connections of foundation drains. Inflow—Surface water runoff that enters a sewer system through manhole covers; exposed, broken and defective pipe joints; cross connections between storm sewers and sanitary sewers; and illegal connections of roof leaders, cellar drains, yard drains or catch basins. Initiation of operation—The date specified by the borrower when the project begins operation for the use for which it was planned, designed and built. The term includes only essential facilities considered functional and does not include nonoperational facilities such as landscaping which may not be or have been completed. NEPA—The National Environmental Policy Act of 1969 (42 U.S.C.A. § § 4321—4347) NPDES permit—A National Pollutant Discharge Elimination System permit. A permit issued by the Department of Environmental Protection under section 5 of The Clean Streams Law (35 P. S. § 691.5) and section 402 of the Clean Water Act (33 U.S.C.A. § 1342). Project priority list—The list of identified public sewerage project needs in this Commonwealth established in accordance with Chapter 103 (relating to financial assistance). SERP—State Environmental Review Processes—Processes based upon adopted State regulations set forth in Chapters 71, 109, 963 and 965 which include procedures substantially equivalent to a NEPA review, as described by 40 CFR Part 6, Subparts A—E. Sewer use ordinance—An ordinance or resolution adopted by a governmental unit establishing the requirements for the users of the sewerage facilities. The requirements include:

(i) The prohibition of new connections from inflow sources.

(ii) The design and construction of new connections in accordance with local municipal plumbing codes.

(iii) Wastewater may not contain toxics or pollutants in amounts which endanger public safety or the physical integrity of the sewerage facilities as determined by criteria in 40 CFR Part 403 (relating to general pretreatment regulations for existing and new sources of pollution).

(iv) The prohibition against violations of effluent limits or water quality limits as outlined in the NPDES permit. User charge system—The method by which charges are levied on users of sewerage systems, or that portion of the ad valorem taxes paid by a user, for the user’s proportionate share of the cost of debt service, operation and maintenance (including replacement) of that system. The user’s proportionate share shall be based on the ratio of the user’s contribution to the total wastewater loading from all users. The user charge system shall also include the following:

(i) A provision that each user will receive annual written notice of the user rate which may be in the form of a bill or a form satisfactory to the Authority.

(ii) A provision for a financial management system which will accurately account for revenues and expenditures of the sewer system. Water Quality Act—The Water Quality Act of 1987 (33 U.S.C.A. § § 1251—1387).

This section cited in 52 Pa. Code § 66.32 (relating to definitions).

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.2 Applicability.

(a) This chapter applies to governmental units which own sewerage facilities and which apply for financial assistance for sewerage projects and governmental units or private individuals who are constructing or maintaining nonpoint source projects or estuary protection projects.

(b) Chapter 963 (relating to Pennsylvania Infrastructure Investment Authority Assistance) also applies to this chapter except to the extent it is inconsistent with this chapter.

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.3 Eligibility.

Eligible applicants are governmental units which own or will own sewerage facilities or governmental units and private individuals who are constructing or maintaining nonpoint source projects or estuary protection projects.

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.4 Eligible costs.

Eligible costs include:

(1) Costs approved by the Board which are necessary for construction of public sewerage facilities.

(2) Costs approved by the Board which are necessary for construction associated with secondary treatment or advanced treatment, or both.

(3) Costs approved by the Board which are necessary for construction associated with cost-effective alternatives to secondary treatment or advanced treatment, or both.

(4) Costs approved by the Board which are necessary for the construction of interceptor sewers.

(5) Costs approved by the Board which are necessary for construction associated with the correction of an infiltration/inflow problem.

(6) Costs approved by the Board which are necessary for construction associated with the rehabilitation or replacement of collector sewer systems only when the applicant demonstrates that the collector sewer system is necessary to assure the total integrity of the sewerage system.

(7) Costs approved by the Board which are necessary for construction of new collector systems only when the applicant demonstrates that sufficient treatment capacity exists.

(8) Costs associated with the completion of the second opinion project review required under § 965.7 (relating to second opinion project review).

(9) Other eligible costs as defined under § 963.1 (relating to definitions) which are approved by the Board, except that costs associated with the purchase of land for rights of way or easements under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. § § 4601—4655), are not eligible.

(10) Costs associated with the refinancing of local debt incurred after March 5, 1985, only when the applicant demonstrates the following:

(i) The construction started after March 5, 1985, but before March 1, 1988.

(ii) The original debt was incurred to comply with a State or Federal compliance schedule.

(iii) The project has met the requirements of the Water Quality Act.

(iv) The project has undergone an environmental review as required by the Department.

(11) Costs associated with the refinancing of local debt incurred after March 1, 1988, only when the applicant demonstrates that it meets the requirements of § 963.17 (relating to funding limitations).

(12) Costs approved by the Board which are necessary for the implementation of a nonpoint source project or estuary protection project.

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.5 Preapplication procedures.

An applicant may be required to attend a preapplication conference during which financial assistance documents will be identified and explained. This conference will not be considered as part of the formal application procedure and verbal statements made during the conference will not bind the Authority, the Department or the applicant.

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.6 Application procedures.

(a) In addition to the requirements under Chapter 963 (relating to Pennsylvania Infrastructure Investment Authority Assistance), an applicant for sewerage facilities shall also include the following information in the application:

(1) An ordinance or resolution passed by the governmental unit authorizing the filing of the application and identifying the individuals authorized to sign the application and act on behalf of the governmental unit.

(2) Two separate ordinances or resolutions authorizing the governmental units to file an application and designate the governmental unit to be the lead applicant and a draft of an intermunicipal agreement, if two or more governmental units are filing one application.

(3) A written statement that the applicant will comply with applicable Federal and State laws and regulations required for projects funded by the CWSRF.

(4) A comprehensive official sewage plan or update revision developed in accordance with the Pennsylvania Sewage Facilities Act (35 P. S. § § 750.1—750.20) and Chapter 71 (relating to administration of sewage facilities planning program) and which includes the following requirements of projects funded by the CWSRF:

(i) A written certification that innovative and alternative technologies were considered and evaluated when developing solutions to the applicant’s needs.

(ii) A written certification that the applicant had one public meeting before the adoption of its comprehensive official sewage plan.

(5) A written certification that the project is included in the governmental unit’s official sewage plan or revision approved by the Department under the Pennsylvania Sewage Facilities Act.

(6) A written certification that the project will comply with the CWSRF program and will undergo the SERP as required by the Department and the Authority.

(7) A copy of permits or approvals necessary for the completion of the project as designed except for permits or approvals which cannot be obtained until construction is started.

(8) A copy of a draft sewer ordinance and a draft ordinance establishing a user charge system.

(9) A copy of a draft engineering agreement for building services.

(10) A copy of the Capital Financing Plan.

(11) Other information which may be required by the Authority to demonstrate the applicant’s compliance with the laws of the Commonwealth and to effectuate the purposes of the act and the CWSRF.

(b) In addition to the requirements under Chapter 963, applicants for nonpoint source projects or estuary protection projects shall also include a written certification that the applicant will comply with applicable Federal and State laws and regulations required for projects funded by the CWSRF.

(c) An applicant is not required to supply duplicate copies of information when satisfying the application requirement of this section. The applicant may meet this requirement by referencing another part of the application where this information is being supplied.

(d) The IUP will be prepared by the Authority based upon a proposed annual budget and the project priority list and will contain proposed fundable projects. The IUP will consist of those projects which are expected to be funded. A project on the IUP may be bypassed when the Authority determines that the project on the approved IUP list is not ready to proceed, the applicant has other funds available at reasonable rates, or the project is ineligible under the act or this chapter. A project from the project priority list may replace a project from the IUP. These projects shall be ready to proceed and also meet the requirements of this chapter.

(e) The IUP may be amended to remove projects which are ineligible or add projects from project priority list.

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.7 Second opinion project review.

(a) If the total estimated construction cost plus any amount allocated for contingency for a project is greater than $10 million, the applicant shall have a second opinion project review completed.

(1) Prior to project design, the applicant shall participate in a project consultation with the Department and, if required by this section, shall make plans for a second opinion project review.

(2) When a second opinion project review is required, applicant shall provide the Department with a time line indicating the anticipated beginning and end dates for the review

(b) An applicant shall meet the following requirements when undertaking a second opinion project review:

(1) The second opinion project review shall be planned for and completed by the time the project design is 20% to 40% complete, unless the applicant requests from the Authority in writing an extension of time due to some reasonable and unforeseen circumstance.

(2) The second opinion project review shall focus primarily on the treatment facilities but shall also include an analysis of the total project design and shall include an evaluation of the cost effectiveness, complexity and impact of the project on the community.

(3) Upon completion of the second opinion project review, the reviewer shall provide a written report to the applicant which summarizes findings and describes proposed implementation of recommendations. The second opinion project review report shall be issued under seal of a professional engineer licensed to practice in this Commonwealth.

(4) The applicant shall cause the implementation of the reported recommendations to the maximum extent feasible.

(5) A copy of the second opinion project review report shall be submitted to the Authority along with a proposal submitted by applicant discussing each recommendation and its incorporation in the project design except when to do so would be cost ineffective or unreliable or would cause unreasonable delay in the project or would result in some other unreasonable burden upon a factor critical to the treatment or collection system and the environmental impact of the project. The second opinion project review and the proposal shall be submitted by the applicant to the Authority within 90-calendar days following the completion of the second opinion project review.

(i) If the Authority disagrees with the reason set forth by the applicant for not adopting a second opinion project review recommendation, the administrative staff may not recommend approval of financial assistance to the Board for that portion of the project.

(ii) An applicant may appeal the Board recommendation of the administrative staff to the Board in accordance with 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).

(c) The second opinion project review report may be used by the administrative staff in the cost effectiveness evaluation performed during the application review process.

This section cited in 25 Pa. Code § 963.11 (relating to eligible costs); and 25 Pa. Code § 965.4 (relating to eligible costs).

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.8 Terms of financial assistance.

Financial assistance from the CWSRF shall be in the form of loans and the loans may not be longer than the term permitted by section 603(d)(1)(A) of the Water Quality Act (33 U.S.C.A. § 1383(d)(1)(A)).

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.9 Loan conditions.

(a) The borrower shall certify in writing that it has the legal, institutional and financial capability to implement the project over its entire design life. For sewerage facilities, this certification shall include the following:

(1) A certified copy of its sewer use ordinance which shall be enacted prior to receiving 95% of the loan funds.

(2) A certified copy of its ordinance or resolution establishing a user charge system, which shall be implemented prior to receiving 95% of the loan funds.

(b) The borrower shall certify in writing that the project has met the requirements of the CWSRF and undergone a SERP as required by the Department and the Authority.

(c) The borrower shall meet project performance standards within 1 year after the initiation of operation in accordance with The Clean Streams Law design specifications and the effluent requirements of its NPDES permit.

(d) The borrower shall submit an affirmative performance certification within 1 year after the initiation of operation.

(e) If the borrower cannot submit an affirmative performance certification, the borrower shall submit a corrective action report.

(f) The borrower shall provide the Authority with the right to audit its sewer use ordinance or its user charge system.

(g) The borrower shall provide the Authority with status reports at the Authority’s request until the project is completed.

(h) The borrower shall maintain financial records in accordance with governmental accounting standards and conduct an annual audit of the financial records as required by the CWSRF and the Single Audit Act of 1984 (31 U.S.C.A. § § 7501—7507) and the corresponding regulations at 15 CFR Part 8 Subpart A (relating to general provisions; prohibitions: nondiscrimination clause; applicability to programs).

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

25 Pa. Code § 965.10 Statutory and procurement requirements.

(a) The borrower shall comply with State and Federal laws, including those listed in Appendix A, for project-related activities, including related procurement actions for equipment, construction, engineering, management, financial, legal or other services or goods.

(b) The Authority may approve a noncompetitive procurement proposal under one or more of the following circumstances:

(1) The borrower can only obtain the equipment, goods or services from a single source.

(2) The borrower demonstrates that there is a public emergency. The Authority will seek independent confirmation from the Department or other appropriate State or Federal agencies that a public emergency justifying a noncompetitive procurement proposal exists.

The requirements for funds received from the CWSRF shall include requirements found in the following Federal statutes, Executive Orders and regulations:

(1) The act of May 24, 1974 (Pub. L. No. 93-291,88 Stat.174) (16 U.S.C.A. § § 469—469c), known as the Archaeological and Historical Preservation Act of 1974.

(2) Section 176(c) of the Clean Air Act (42 U.S.C.A. § 7506 (c)).

(3) Sections 2—17 of the Endangered Species Act of 1973 (16 U.S.C.A. § § 1531—1543).

(4) Executive Order 11593, Protection and Enhancement of the Cultural Environment.

(5) Executive Order 11988, Floodplain Management.

(6) Executive Order 11990, Protection of Wetlands.

(7) Title XV of the Farmland Protection Policy Act (7 U.S.C.A. § § 4201—4209).

(8) The Fish and Wildlife Coordination Act (16 U.S.C.A. § § 661—666(c)).

(9) The National Historic Preservation Act of 1966 (16 U.S.C.A. § § 470—470 W-6).

(10) Section 1424(e) of the Safe Drinking Water Act (42 U.S.C.A. § 300 H-3).

(11) The Wild and Scenic Rivers Act (16 U.S.C.A. § § 1271—1287).

(12) The Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C.A. § § 3301—3374).

(13) Section 306 of the Clean Air Act (42 U.S.C.A. § 7601) and section 508 of the Clean Water Act (33 U.S.C.A. § 1368), including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans.

(14) The Age Discrimination Act of 1975 (42 U.S.C.A. § § 6101—6107).

(15) The Civil Rights Act of 1964 (42 U.S.C.A. § § 1981—2000g).

(16) Executive Order 11246, 30 FR 12319, as amended by Executive Order 11375, 32 FR 1403, as amended by Executive Order 11478, 34 FR 12985, as amended by Executive Order 12007, 42 FR 34617 (Women and Minority Business Enterprise).

(17) Executive Order 11625, 36 FR 19967, as amended by Executive Order 12007, 42 FR 42839, and Executive Order 12138, 44 FR 29637, as amended by Executive Order 12608, 42 FR 34617 (Women and Minority Business Enterprise).

(18) The Rehabilitation Act of 1973 (29 U.S.C.A. § § 701—796(h) (including Executive Orders 11914 and 11250).

(19) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.A. § § 4601—4655).

(20) Executive Order 12549, 51 FR 6370 (Debarment and Suspension).

(21) The Single Audit Act of 1984 (31 U.S.C.A. § § 7501—7507) and the corresponding regulations at 15 CFR Part 8 Subpart A (relating to general provisions; prohibitions: nondiscrimination clause; applicability to programs).

History

• Authority: The provisions of this Chapter 965 issued under sections 5(c)(2) and 6(4) of the Pennsylvania Infrastructure Investment Authority Act (35 P.
• Source: The provisions of this Chapter 965 adopted November 21, 1997, effective November 22, 1997, 27 Pa.

Part IX Environmental Hearing Board

Chapter 1021 Practice and Procedure

25 Pa. Code § 1021.1 Scope of chapter.

(a) This chapter governs practice and procedure before the Board.

(b) This chapter is not applicable to a proceeding to the extent that the applicable statute governing or authorizing the proceeding sets forth inconsistent practice or procedure.

(c) Except when inconsistent with this chapter, 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) is applicable insofar as it relates to adjudicatory proceedings. When the term ‘‘agency’’ is used in 1 Pa. Code Part II, ‘‘Board’’ is to be understood; when the term ‘‘participant’’ is used in 1 Pa. Code Part II, ‘‘party’’ is to be understood.

(d) Subsections (a)—(c) supplement 1 Pa. Code § 31.1 (relating to scope of part).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.2 Definitions.

(a) The following words and terms, when used in this chapter, have the following meanings unless the context clearly indicates otherwise: Act—The Environmental Hearing Board Act (35 P. S. § § 7511—7516). Action—An order, decree, decision, determination or ruling by the Department affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of a person including, but not limited to, a permit, license, approval or certification. Board—The Environmental Hearing Board, consisting of its chairperson and four members, all of whom are administrative law judges appointed by the Governor to hear appeals from actions of the Department. Business day—A day that is not a Saturday, Sunday or a legal holiday. Conventional filing—Presenting documents to the Board by hand, mail or other personal delivery services, for purposes of filing. Department—The Department of Environmental Protection or other governmental entities whose decisions are appealable to the Board. Dispositive motion—A motion that seeks to resolve the issues in an appeal without the need for hearing or further hearing. The term includes a motion to quash appeal, a motion to dismiss, a motion for summary judgment, and a motion for partial summary judgment, but not a motion in limine. Electronic filing—The electronic transmission of documents to the Board through the electronic filing provider for purposes of filing. Electronic filing provider—The entity providing electronic filing and electronic service of documents by means of the Internet in Board proceedings. Electronic service—The electronic transmission of documents through the electronic filing provider to a party, attorney or representative under this chapter. Facsimile filing—The transmission of documents to the Board, for purposes of filing, using a machine that can send and receive a facsimile transmission either as a stand-alone device or as part of a computer system. Facsimile transmission—The transmission of a source document between locations by encoding the document into electronic signals, transmitting the signals over the telephone system and reconstructing the electronic signals to print a duplicate of the document at the receiving destination. Hearing examiner—A person other than a Board member designated by the Board to preside at hearings or conferences. Intervenor—A person who has been permitted to intervene by the Board, as provided by § 1021.81 (relating to intervention). Legal holiday—A day designated as a holiday by the President or Congress of the United States or by the Commonwealth. Pa.R.A.P.—Pennsylvania Rules of Appellate Procedure, 42 Pa.C.S.; 210 Pa. Code. Pa.R.C.P.—Pennsylvania Rules of Civil Procedure, 42 Pa.C.S.; 231 Pa. Code. Party—An appellant, appellee, plaintiff, defendant, permittee or intervenor. Permittee—The recipient of a permit, license, approval or certification issued by the Department. Person—An individual, partnership, association, corporation, political subdivision, municipal authority or other entity. Pleading—A complaint filed under § 1021.71, § 1021.72 or § 1021.73 (relating to complaints filed by the Department; complaints filed by other persons; and transferred matters) or answer filed under § 1021.74 (relating to answers to complaints). Documents filed in appeals, including the notice of appeal, are not pleadings. Registered user—An individual who has submitted a registration statement to the Board and to whom the Board has issued a password authorizing electronic filing and electronic service. Registration statement—A completed application to use the electronic filing provider for electronic filing and electronic service in Board proceedings. Supersedeas—A suspension of the effect of an action of the Department pending proceedings before the Board. Third-party appeal—The appeal of an action by a person to whom the action is not directed or issued.

(b) Subsection (a) supplements 1 Pa. Code § 31.3 (relating to definitions) except for ‘‘pleading’’ which supersedes the definition of ‘‘pleading’’ in 1 Pa. Code § 31.3.

The provisions of this § 1021.2 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.2 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial pages (391778) and (372791).

Action

Petitioner appealed suspension of review of permit application by Environmental Hearing Board to construct a waste transfer station due to conflict between proposed facility and township zoning laws; Department’s decision to suspend technical review of permit was not an appealable decision since it did not result in any action being taken against a party and did not affect any property rights, privileges or liabilities. HJC, LLC v. Department of Environmental Protection, 949 A.2d 350, 353 (Pa. Cmwlth. 2008)

Where compliance orders previously issued are withdrawn, there is no ‘‘action’’ from which to appeal; therefore, the appeal is moot and dismissal of the appeal is appropriate. Horsehead Resource Development Co. v. Department of Environmental Protection, 780 A.2d 856 (Pa. Cmwlth. 2001); appeal denied 796 A.2d 987 (Pa. 2002).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.3 Amendments to rules.

(a) The Board retains continuing jurisdiction under section 5 of the act (35 P.S. § 7515) to adopt the amendments and additions to this chapter as may be appropriate.

(b) The Board is authorized to establish forms as may be required to implement the act.

(c) Subsections (a) and (b) supersede 1 Pa. Code § 31.6 (relating to amendments to rules).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.4 Construction and application of rules.

The rules in this chapter shall be liberally construed to secure the just, speedy and inexpensive determination of every appeal or proceeding in which they are applicable. The Board at every stage of an appeal or proceeding may disregard any error or defect of procedure which does not affect the substantial rights of the parties.

The provisions of this § 1021.4 adopted September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683. Immediately preceding text appears at serial page (247059).

This section cited in 25 Pa. Code § 1021.82 (relating to consolidation).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.5 Citations to Board decisions.

(a) Citations to Board decisions in briefs, legal memoranda and other documents filed with the Board shall contain the names of the parties, and the year and page number of the Environmental Hearing Board Reporter (Opinion and Adjudication volumes) located on the Board’s web site. The citation shall be provided using the following format: Name of Appellant v. DEP, 2021 EHB 43. Pinpoint citations shall be preceded with a comma and a space, in the following format: Name of Appellant v. DEP, 2021 EHB 43, 45.

(b) If the Environmental Hearing Board Reporter has not been published for a particular year, the citation shall be to the slip opinion which can be found on the Board’s web site. The citation shall include the names of the parties, the docket number, the type of decision being issued (that is, Adjudication or Opinion) and the date of issuance, using the following format: Name of Appellant v. DEP, EHB Docket No.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.11 Effective dates of Board adjudications and preliminary orders.

(a) Adjudications and orders of the Board will be effective as of the date of entry.

(b) Subsection (a) supersedes 1 Pa. Code § 31.14 (relating to effective dates of agency orders).

The provisions of this § 1021.11 reserved September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (274914).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.12 Extensions of time.

(a) The time fixed or the period of time prescribed for the filing of a document required or permitted to be filed under this chapter, other than the notice of appeal, may be extended by the Board for good cause upon motion.

(b) The motion in subsection (a) shall conform to the provisions in § 1021.92 (relating to procedural motions).

(c) Subsections (a) and (b) supersede 1 Pa. Code § 31.15 (relating to extensions of time).

The provisions of this § 1021.12 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.13 Computation of time.

(a) Except as otherwise provided by law, in computing a period of time prescribed or allowed by the rules of the Board or another provision of law, time shall be computed to exclude the first day of the action, event or filing. Time shall be computed to include the last day unless it falls on a Saturday, Sunday or legal holiday in which event the day will be omitted from the computation and the period shall run until the end of the next business day. Intervening Saturdays, Sundays and legal holidays shall be included in the computation.

(b) Subsection (a) supersedes 1 Pa. Code § 31.12 (relating to computation of time).

The provisions of this § 1021.13 issued under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.13 adopted October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.21 Representation.

(a) Parties, except individuals appearing on their own behalf, shall be represented by an attorney in good standing at all stages of the proceedings subsequent to the filing of the notice of appeal or complaint.

(b) Corporations shall be represented by an attorney of record.

(c) Individuals may appear in person on their own behalf; however, they are encouraged to appear through counsel and may be required to appear through counsel if the Board determines that they are not merely appearing on their own behalf.

(c.1) Parties may be represented by an attorney in good standing and admitted to practice before the highest court of another state on a motion pro hac vice filed by an attorney in this Commonwealth.

(d) Subsections (a)—(c.1) supersede 1 Pa. Code § § 31.21—31.23 (relating to appearance in person; appearance by attorney; and other representation prohibited at hearings).

Payment of the Interest on Lawyers Trust Account fee under 204 Pa. Code § 81.505(a) (relating to fees) is not required as a condition to pro hac vice admission in a proceeding before the Board.

The provisions of this § 1021.21 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.21 reserved September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial page (388218).

This section cited in 25 Pa. Code § 1021.51 (relating to commencement, form and content).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.22 Notice of appearance.

(a) Entries of appearance shall be filed with the Board and served upon the other parties to the proceedings.

(b) Subsection (a) supplements 1 Pa. Code § § 31.22 and 31.25 (relating to appearance by attorney; and form of notice of appearance).

The provisions of this § 1021.22 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4693; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (270919) to (270920).

This section cited in 25 Pa. Code § 1021.51 (relating to commencement, form and content).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.23 Withdrawal of appearance.

(a) An attorney’s appearance for a party may be withdrawn without leave of the Board if another attorney has entered or simultaneously enters an appearance for the party and the change of attorneys does not delay any stage of the litigation.

(b) In ruling on a motion for withdrawal of appearance under other circumstances, the Board will consider the following factors: the reasons why withdrawal is requested; any prejudice withdrawal may cause to the litigants; delay in resolution of the case which would result from withdrawal; and the effect of withdrawal on the efficient administration of justice.

(c) In the event withdrawal of counsel will result in an unrepresented party before the Board, counsel seeking to withdraw shall provide the Board with a single contact person for future service in all proceedings.

Comment: This rule permits the automatic withdrawal and concurrent entry of appearance of substitute counsel under ordinary circumstances. Leave of the Board must be obtained where withdrawal would have an adverse effect on the interests of the client. Rule 1.16(b) of the Rules of Professional Conduct sets forth the bases for withdrawal for good cause; however, Rule 1.16(c) provides, ‘‘When ordered to do so by a tribunal, the lawyer shall continue representation notwithstanding good cause for terminating the representation.’’

The provisions of this § 1021.23 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (270920).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.24 Referral to pro bono counsel.

(a) The Secretary to the Board is authorized to refer persons who appear before the Board on a pro se basis, and who claim not to be able to afford a lawyer, to one of the following:

(1) The pro bono committee of the Pennsylvania Bar Association’s Environmental and Energy Law Section.

(2) A county bar association lawyer referral service.

(b) The financial standard for determining a person’s inability to afford a lawyer will be the standard adopted by the appropriate bar association at the time of referral.

The provisions of this § 1021.24 adopted January 19, 2001, effective January 20, 2001, 30 Pa.B. 428.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.25 Amicus curiae.

(a) Anyone interested in legal issues involved in a matter pending before the Board may request leave to file an amicus curiae brief or memorandum of law, in regard to those legal issues. The amicus curiae shall state in its request the legal issues to be addressed in the brief and shall serve a copy of the request on all parties.

(b) If the Board grants a request, the amicus curiae shall file the brief within the time prescribed by the Board and shall serve a copy on all parties. Any party may file a response to a brief amicus curiae which is adverse to its interests.

(c) The amicus curiae may present oral argument only as the Board may direct.

The provisions of this 1021.25 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.31 Signing.

(a) Every document directed to the Board and every discovery request or response of a party represented by an attorney shall be signed by at least one attorney of record in the attorney’s individual name or, if a party is not represented by an attorney, shall be signed by the party. Each document must state the signer’s mailing address, e-mail address and telephone number.

(b) The signature to a document described in subsection (a) constitutes a certification that the person signing, or otherwise presenting it to the Board, has read it, that to the best of his knowledge or information and belief there is good ground to support it, and that it is submitted in good faith and not for any improper purpose such as to harass, cause unnecessary delay or needless increase in the cost of litigation. There is good ground to support the document if the signer or presenter has a reasonable belief that existing law supports the document or that there is a good faith argument for the extension, modification or reversal of existing law.

(c) The Board may impose an appropriate sanction in accordance with § 1021.161 (relating to sanctions) for a bad faith violation of subsection (b).

The provisions of this § 1021.31 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.31 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328. Immediately preceding text appears at serial page (345889).

This section cited in 25 Pa. Code § 1021.32 (relating to filing).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.32 Filing.

(a) General filing requirements. The following documents shall be conventionally filed or facsimile filed:

(1) A complaint that is original process naming a defendant or defendants.

(2) A motion to be excused from the Board’s mandatory electronic filing requirement.

(3) An entry of appearance filed under § 1021.51(j) (relating to commencement, form and content).

(4) A document filed on behalf of a person who is not a party to the proceeding at the time of the filing.

(b) Filing of notice of appeal. An original notice of appeal may be filed electronically, conventionally or by facsimile.

(c) Electronic filing.

(1) Documents except those listed in subsections (a) and (b) shall be electronically filed unless the Board orders otherwise in a particular proceeding. Persons wishing to be excused from the mandatory filing requirements shall file a motion under § 1021.92 (relating to procedural motions). The Board will excuse persons from the mandatory electronic filing requirement, with respect to all filings or with respect to specific filings, if the Board determines that the requirement would impose an unreasonable burden on the potential filer.

(2) Documents filed electronically may not also be filed by other means unless the Board orders otherwise or the document to be filed includes an original bond or check. When electronically filing documents including an original bond or check, a copy of the document, including a copy of the original bond or check, shall be electronically filed. The original, including the original bond or check, shall be deposited in the mail, addressed to the Board’s headquarters at the address provided in subsection (e)(1).

(3) Electronic filing can be performed only by registered users. Individuals who are not registered users can become registered users by submitting a registration statement to the Board and receiving authorization for electronic filing and service from the electronic filing provider. The registration statement consists of an electronic form prepared by the Board and accessed on its electronic filing web site. The prospective registered user shall provide a name, mailing address, e-mail address, telephone number and attorney identification number (if the registered user is an attorney).

(4) When registration is complete, a registered user may not withdraw from the electronic filing and electronic service system except with leave from the Board.

(5) Filers are responsible for providing an objective description of documents electronically filed. The description must include:

(i) The party filing or serving the document.

(ii) The title of the document (for example, Appellant ABC Corporation’s Motion for Summary Judgment, Appellant Smith’s Motion to Compel Permittee XYZ, Inc. to Produce Documents).

(6) When a document has been filed electronically, the official record is the electronic document filed with the Board and the filer is bound by the document as filed.

(7) The registered user’s log-in and password required to file documents using the electronic filing provider serve as the registered user’s signature on electronic documents filed with the Board. The log-in and password serve as a signature for purposes of § 1021.31 (relating to signing) and other purposes for which a signature is required in connection with proceedings before the Board.

(8) If an electronically filed document does not bear the actual signature of the registered user, the name of the registered user under whose log-in and password the document is submitted must be preceded by “s/” and typed in the space in the document’s signature block where the signature would otherwise appear (for example, “s/ Jane Doe”).

(9) No registered user or other person may knowingly permit or cause a registered user’s password to be used by anyone other than an authorized agent of the registered user.

(10) A document that is electronically filed and requires an original signature other than that of the registered user shall be maintained by counsel or, if the party is not represented, by the party itself, for 1 year after periods for appeals expire. Documents shall be maintained by the filer and produced at the request of the Board or other party within 14 days of the request.

(11) Documents may be electronically filed in Microsoft Word format, PDF format or other formats as the Board may permit. The electronic filing provider automatically converts uploaded documents not already in PDF format to PDF format. A document may exceed page limitation rules if the additional pages result solely from the electronic conversion by the electronic filing provider.

(12) To the extent practicable, electronically filed documents must be formatted in accordance with subsection (e)(4).

(13) An electronic filing completed before midnight Eastern Time will be considered to be filed on that date. Upon completion of the filing, the electronic filing provider will issue a transaction receipt that includes the date and time the document was received. The transaction receipt serves as proof of filing.

(14) Except in the case of notices of appeal, which are governed by § 1021.53a (relating to nunc pro tunc appeals), if electronic filing or service does not occur or is made untimely because of a technical issue, the party affected may seek appropriate relief from the Board.

(15) A registered user shall submit as exhibits or attachments only excerpts of the referenced documents that are directly germane to the matter under consideration by the Board. Excerpted information must be clearly and prominently identified as such. A registered user who files excerpts of documents as exhibits or attachments under this paragraph does so without prejudice to his right to timely file additional excerpts or the complete document and shall, upon request, provide responding parties with the complete document. A responding party may timely file the complete document or additional excerpts that it believes are directly germane.

(d) Facsimile filing.

(1) Documents permitted under subsections (a), (b) and (c)(1) and (2) to be filed by facsimile shall be transmitted to the Board’s facsimile line at (717) 783-4738.

(2) The date of facsimile filing is the date the document is received by the Board.

(3) For documents more than ten pages long, the facsimile filed must consist of the certificate of service and the first five pages and last five pages of each document except exhibits. Exhibits shall be omitted from the filing transmitted to the Board’s facsimile line.

(4) On the same day a document is transmitted to the Board’s facsimile line, the original (including exhibits) shall be deposited in the mail, addressed to the Board’s headquarters at the address provided in subsection (e)(1). When facsimile filing a document including an original bond or check, a copy of the bond or check must be included with the document transmitted by facsimile. The original bond or check must be included with the original of the document deposited in the mail.

(5) Documents must be formatted in accordance with subsection (e)(4).

(6) Except in the case of filing a notice of appeal, which is governed by § 1021.53a, if facsimile filing or service does not occur or is made untimely because of a technical issue, the party affected may seek appropriate relief from the Board.

(e) Conventional filing.

(1) Documents permitted to be conventionally filed with the Board under subsections (a), (b) and (c)(1) and (2) shall be filed at the Board’s headquarters—2nd Floor, Rachel Carson State Office Building, 400 Market Street, Post Office Box 8457, Harrisburg, Pennsylvania 17105-8457.

(2) The date of conventional filing is the date the document is received by the Board.

(3) Only hard copies may be conventionally filed unless the filer has secured prior approval from the Board to conventionally file documents in other formats, such as CDs, DVDs or other digital storage media.

(4) With the exception of exhibits, documents filed with the Board must be typewritten on letter-size paper (approximately 8 to 8 1/2 inches by 10 1/2 to 11 inches) and pages after the first must be numbered. With the exception of exhibits, notices of appeal and complaints, documents filed must be double spaced, except that footnotes must be single spaced and quotations in excess of a few lines must be single spaced and indented. Photocopied documents will be accepted as typewritten, provided that all copies are legible.

(f) Format of filing. Failure to comply with subsection (c)(5), (d)(5) or (e)(4) will not result in dismissal of a filing, but the Board may request that the party resubmit the document in proper form.

Attorneys and pro se appellants who register for electronic filing will be unable to file electronically until they receive a confirmation e-mail advising them that they have been approved for electronic filing. If registration occurs during non-business hours, the confirmation will not occur until the next business day. Until such confirmation occurs, a registrant has the option of filing by means other than electronic filing to ensure timely filing.

The provisions of this § 1021.32 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.32 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial pages (388221) to (388224).

This section cited in 25 Pa. Code § 1021.33 (relating to service by the Board); and 25 Pa. Code § 1021.34 (relating to service by a party).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.32a Privacy issues.

A person filing documents shall refrain from including, or shall redact when inclusion is necessary, the following personal identifiers from documents filed with the Board, including exhibits, unless filed under seal or otherwise ordered by the Board:

(1) Social Security numbers.

(2) Financial account numbers.

(3) Dates of birth.

(4) Names of minor children.

The provisions of this § 1021.32a issued under section 5 of the Environmental Hearing Board Act (35 P. S. § 7515).

The provisions of this § 1021.32a adopted August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.33 Service by the Board.

(a) The Board will serve the orders, notices and other documents it issues upon counsel designated on the docket. For any parties not represented by counsel, the Board will serve the person who filed the complaint or notice of appeal, or the person upon whom the notice of appeal or complaint was served.

(b) The Board will serve documents it enters or issues upon registered users participating in the proceeding through the electronic filing provider, subject to the provisions in this chapter. The Board will serve persons who have been excused from electronic filing under § 1021.32(c)(1) (relating to filing) by mail or in person.

(c) An order filed electronically without the original signature of an administrative law judge has the same force and effect as if the administrative law judge had affixed a signature to a paper copy of the order.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 33.31 (relating to service by the agency).

The provisions of this § 1021.33 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.33 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (372801).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.34 Service by a party.

(a) Notices of appeal shall be served as provided in § 1021.51 (relating to commencement, form and content). Complaints filed by the Department will be served as provided in § 1021.71(b) (relating to complaints filed by the Department).

(b) Copies of each document filed with the Board shall be served upon every party to the proceeding on or before the day that the document is filed with the Board. Service upon a party represented by an attorney in the matter before the Board shall be made by serving the attorney.

(c) Electronic service of documents to other registered users through the electronic filing provider shall be considered valid and effective service and have the same legal effect as serving an original paper document. Registered users who receive documents by electronic service shall access the documents using the electronic filing provider.

(d) Documents filed electronically shall be served by hand, mail, other personal delivery or facsimile upon parties who have been excused from electronic filing under § 1021.32(c)(1) (relating to filing).

(e) Subpoenas and documents that must be conventionally filed with the Board under § 1021.32(b) shall be served by hand, mail or other personal delivery. Documents that are conventionally or facsimile filed with the Board under § 1021.32(a) shall be served by hand, mail, other personal delivery or facsimile.

(f) If a party does not receive electronic service in a matter involving a request for expedited disposition, service shall be made upon that party within 24 hours of filing the document with the Board. For purposes of this subsection, service means actual receipt by the party served.

(g) If a person filing electronically becomes aware that the notice of electronic filing was not successfully transmitted to a registered user, or that the notice transmitted to the registered user is defective, the filer shall serve the electronically filed document upon the registered user by hand, mail, other personal delivery or facsimile by 4:30 p.m. on the business day following notification of the deficiency. The filer may also effect service by e-mail, provided the registered user consents to service in that manner.

(h) The filing of a registration statement constitutes a certification that the registered user will accept electronic service of documents permitted to be electronically filed.

(i) Subsections (a)—(h) supersede 1 Pa. Code § 33.32 (relating to service by a participant).

The provisions of this § 1021.34 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.34 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial pages (388225) to (388227).

This section cited in 25 Pa. Code § 1021.71 (relating to complaints filed by the Department); 25 Pa. Code § 1021.72 (relating to complaints filed by other persons); 25 Pa. Code § 1021.73 (relating to transferred matters); 25 Pa. Code § 1021.94 (relating to dispositive motions other than summary judgment motions); and 25 Pa. Code § 1021.94a (relating to summary judgment motions).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.35 Date of service.

(a) For electronic service, the date of service of a document is the date that the electronic filing provider transmits the notice of electronic filing. For other types of service, the date of service is the date the document served is mailed, delivered in person or transmitted to the party’s facsimile line.

(b) For the sole purpose of computing the deadlines under this chapter for responding to documents:

(1) Documents served by electronic service shall be deemed served, for purposes of responding, when notice of the electronic filing is transmitted to registered users in the proceeding, provided the transmission is complete before 4:30 p.m. Eastern Time on a business day. Otherwise, documents served by electronic service shall be deemed served the next business day.

(2) Documents served by facsimile shall be deemed served, for purposes of responding, when transmission of the facsimile is complete, provided the transmission is complete before 4:30 p.m. Eastern Time on a business day. Otherwise, documents served by facsimile shall be deemed served the next business day.

(3) Documents served by mail shall be deemed served 3 calendar days after the date of actual service.

(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.34 (relating to date of service).

The provisions of this § 1021.35 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.35 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B 5328; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial page (388227).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.36 Certificate of service.

(a) Each document filed with the Board must include a certificate of service which certifies the date and manner of service and the name and mailing address of the person served, except as provided in subsection (b).

(b) For electronic service, it shall be sufficient for the certificate to state that the document was filed using the electronic filing provider and to identify the registered users in the proceedings.

(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.35 (relating to proof of service).

The provisions of this § 1021.36 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.36 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328. Immediately preceding text appears at serial page (345892).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.36a E-mail addresses.

A registered user shall maintain an active e-mail address to receive electronic notice and electronic service from the electronic filing provider. A registered user has a duty to promptly update his e-mail account information with the electronic filing provider when there is a change in e-mail address.

The provisions of this § 1021.36a issued under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.36a adopted August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.37 Number of copies.

(a) When a document is electronically filed, the filer shall electronically file one copy of the document.

(b) For conventional filings and hard copies mailed to the Board in association with a facsimile filing, one original shall be filed unless the Board orders otherwise.

(c) One copy of all documents submitted to the Board shall be served on the other parties to the proceeding.

The provisions of this § 1021.37 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.37 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328. Immediately preceding text appears at serial pages (345892) to (345893).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.38 Publication of notice.

Publication of a notice of action or proposed action by the Department or Board in the Pennsylvania Bulletin shall constitute notice to or service upon all persons, except a party, effective as of the date of publication.

The provisions of this § 1021.38 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial pages (289939) to (289940).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.39 Docket.

(a) The Board will maintain a docket of proceedings and a proceeding as initiated will be assigned an appropriate designation. The Board will maintain the docket on its web site available to all members of the public and will accept electronic filing of documents from registered users subject to the provisions in this chapter.

(b) The docket will register the date of all filings. When a document is filed electronically, the electronic filing provider will transmit a notice of the electronic filing to all registered users in the proceeding, which includes the date and time of the filing.

(c) The Board will maintain a complete official file on all proceedings consisting of electronic and hard copy filings. The official copy of an electronically filed document or Board order shall be that appearing on the Board’s web site.

(d) The electronic docket will be available on the Board’s web site and the hard copy portion of the official file shall be available for inspection and copying by the public during the office hours of the Board insofar as consistent with the proper discharge of the duties of the Board.

(e) Subsections (a)—(d) supersede 1 Pa. Code § 33.51 (relating to docket).

The provisions of this § 1021.39 amdended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.39 adopted November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (372805).

This section cited in 25 Pa. Code § 1021.125 (relating to official notice of facts); and 25 Pa. Code § 1021.201 (relating to composition of the certified record on appeal to Commonwealth Court).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.51 Commencement, form and content.

(a) An appeal from an action of the Department shall commence with the filing of a notice of appeal with the Board.

(b) The caption of a notice of appeal must be in the following form:

JOHN DOE, Appellant 234 Main Street, Smithtown, Jones County, Pennsylvania 15555 (Telephone (123) 456-7890)

(c) The notice of appeal must set forth the name, mailing address, e-mail address and telephone number of the appellant. The notice of appeal shall be signed by at least one attorney in the attorney’s individual name or by the appellant(s).

(d) If the appellant has received written notification of an action of the Department, the appellant shall attach a copy of that notification and any documents received with the notification to the notice of appeal. If the documents include a permit, the appellant only needs to attach the first page of the permit. Instead of attaching a copy of the notification of the action or related documents, the appellant may provide a link to the publication of the action in the Pennsylvania Bulletin.

(e) The notice of appeal must set forth in separate numbered paragraphs the specific objections to the action of the Department. The objections may be factual or legal.

(f) An original notice of appeal shall be filed electronically, conventionally or by facsimile.

(1) Electronic filing.

(i) If a bond or check is required to secure payment of a penalty, a copy of the bond or check must be included with the electronic filing. The notice of appeal and attachments, including the original bond or check, shall be deposited in the mail, addressed to the Board’s headquarters at the address provided in paragraph (2)(i).

(ii) An electronic filing complete before midnight Eastern Time will be considered to be filed on that date.

(iii) To the extent practical, the notice of appeal must be formatted in accordance with paragraph (2)(v). Failure to comply with this requirement will not result in rejection or dismissal of the notice of appeal. The Board may request that the appellant file an amended version of the notice of appeal in proper form.

(iv) The appellant shall, concurrent with or prior to the filing of a notice of appeal, serve a copy on any potentially adversely affected persons as identified in subsection (h)(1)—(3). The service shall be made at the address in the document evidencing the action by the Department or at any office or usual place of business of any potentially adversely affected persons.

(v) The Board, through the electronic filing provider, will provide prompt notice of, and access to, all notices of appeal electronically filed to the Office of Chief Counsel of the Department, at an e-mail address designated by the Office of Chief Counsel.

(2) Conventional filing.

(i) An original notice of appeal that is conventionally filed shall be filed at the Board’s headquarters—2nd Floor, Rachel Carson State Office Building, 400 Market Street, Post Office Box 8457, Harrisburg, Pennsylvania 17105-8457.

(ii) The date of conventional filing is the date the original notice of appeal is received by the Board.

(iii) One copy of the notice of appeal and attachments shall be conventionally filed unless the Board orders otherwise.

(iv) Only hard copies of original notices of appeal shall be conventionally filed unless the filer has secured prior approval from the Board to conventionally file the original notice of appeal in another format, such as CDs, DVDs or other digital storage media.

(v) The notice of appeal must be typewritten on letter-size paper (approximately 8 to 8 1/2 inches by 10 1/2 to 11 inches) and pages after the first must be numbered. Photocopies will be accepted as typewritten, provided that the copies are legible. Failure to comply with these requirements will not result in rejection or dismissal of the notice of appeal. The Board may request that the appellant file an amended version of the notice of appeal in proper form.

(vi) The appellant shall, concurrent with or prior to the filing of a notice of appeal, serve a copy on each of the following in the same manner in which the notice of appeal is filed with the Board:

(A) The office of the Department issuing the Departmental action.

(B) The Office of Chief Counsel of the Department.

(C) A potentially adversely affected person as identified in subsection (h)(1)—(3). The service shall be made at the address in the document evidencing the action by the Department or at any office or usual place of business of any potentially adversely affected persons.

(3) Facsimile filing.

(i) Original notices of appeal filed by facsimile shall be transmitted to the Board’s facsimile line at (717) 783-4738. If a bond or check is required to secure payment of a penalty, a copy of the bond or check must be included with the facsimile filing. The notice of appeal and attachments, including the original bond or check, shall be deposited in the mail, addressed to the Board’s headquarters at the address provided in paragraph (2)(i).

(ii) The date of facsimile filing is the date the original notice of appeal is received by the Board.

(iii) For original notices of appeal more than ten pages long, the facsimile filed must consist of the certificate of service and the first five pages and last five pages of the notice of appeal except exhibits. Except for copies of checks and bonds required to secure payment of a penalty, exhibits shall be omitted from the filing transmitted to the Board’s facsimile line.

(iv) On the same day an original notice of appeal is transmitted to the Board’s facsimile line, the original, including exhibits, shall be deposited in the mail, addressed to the Board’s headquarters at the address provided in paragraph (2)(i).

(v) The notice of appeal must be formatted in accordance with paragraph (2)(v). Failure to comply with this requirement will not result in rejection or dismissal of the notice of appeal. The Board may request that the appellant file an amended version of the notice of appeal in proper form.

(vi) The appellant shall, concurrent with or prior to the facsimile filing of a notice of appeal, serve a copy by facsimile on the individuals and entities listed in paragraph (2)(vi). If a party’s fax number is not available or operational, the notice of appeal shall be served to that party by overnight delivery.

(g) When the appeal is from an assessment of a civil penalty for which the statute requires an appellant to prepay the penalty or post a bond, the appellant shall follow the procedures in § 1021.54a (relating to prepayment of penalties) in addition to the procedures in this section.

(h) For purposes of this section, a ‘‘potentially adversely affected person’’ includes the following:

(1) The recipient of a permit, license, approval, certification or order.

(2) In appeals involving a decision under section 5 or section 7 of the Pennsylvania Sewage Facilities Act (35 P.S. § § 750.5 or 750.7), any affected municipality, its municipal authority, the proponent of the request, when applicable, and any municipality or municipal authority whose official plan may be affected by the decision or a decision of the Board in the appeal.

(3) A mining company, well operator, or owner or operator of a storage tank in appeals involving a claim of subsidence damage, water loss or contamination.

(4) Other interested persons as ordered by the Board.

(i) The service upon the recipient of a permit, license, approval, certification or order, as required under subsection (h)(1), shall subject the recipient to the jurisdiction of the Board, and the recipient shall be added as a party to the appeal without the necessity of filing a petition for leave to intervene under § 1021.81 (relating to intervention). The recipient of a permit, license, approval, certification or order who is added to an appeal under this section shall still comply with § § 1021.21 and 1021.22 (relating to representation; and notice of appearance).

(j) Potentially adversely affected persons under subsection (h)(2) or (3) may intervene as of right in the appeal by filing an entry of appearance within 30 days of service of the notice of appeal in accordance with § § 1021.21 and 1021.22, without the necessity of filing a petition for leave to intervene under § 1021.81. Potentially adversely affected persons under subsection (h)(4) may seek leave to intervene by filing a petition to intervene under § 1021.81, or may intervene as of right by filing an entry of appearance where permitted to do so by order of the Board.

(k) The original notice of appeal must include a certificate of service which certifies the date and manner of service and the name and mailing address of the person served.

(l) Subsections (a)—(k) supersede 1 Pa. Code § § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).

If a potentially adversely affected person under subsection (h)(2), (3) or (4) elects not to intervene following service of notice of an appeal or notice by the Board that the person’s rights may be affected by an appeal, the person’s right to appeal from the Board’s adjudication in the matter may be adversely affected. This comment is added in response to the Commonwealth Court’s ruling in DEP v. Schneiderwind, 867 A.2d 724 (Pa. Cmwlth. 2005).

The provisions of this § 1021.51 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.51 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035; amended August 8, 2014, effective August 9, 2014, except for subsection (f)(1)(v), which takes effect on September 8, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial pages (411270), (388231) to (388232) and (411271).

Appeal

In an appeal to the Environmental Hearing Board, the failure to file specific grounds for the appeal within the prescribed time is a defect that goes to the jurisdiction of the EHB. People United to Save Homes v. Department of Environmental Protection, 789 A.2d 319 (Pa. Cmwlth. 2001).

Financial Incapacity

This section does not mandate that, where security is required, the appellant allege economic inability to pay or post a bond, nor does it require that a notice of appeal include documentation proving payment or the execution of a bond. Stanley T. Pilawa & Disposal, Inc. v. Department of Environmental Protection, 698 A.2d 141 (Pa. Cmwlth. 1997).

This section cited in 25 Pa. Code § 1021.32 (relating to filing); 25 Pa. Code § 1021.34 (relating to service by a party); 25 Pa. Code § 1021.52 (relating to timeliness of appeal); and 25 Pa. Code § 1021.81 (relating to intervention).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.52 Timeliness of appeal.

(a) Except as specifically provided in § 1021.53 (relating to amendments to appeal or complaint), jurisdiction of the Board will not attach to an appeal from an action of the Department unless the appeal is in writing and is filed with the Board in a timely manner, as follows, unless a different time is provided by statute:

(1) The person to whom the action of the Department is directed or issued shall file its appeal with the Board within 30 days after it has received written notice of the action.

(2) Any other person aggrieved by an action of the Department shall file its appeal with the Board within one of the following:

(i) Thirty days after the notice of the action has been published in the Pennsylvania Bulletin.

(ii) Thirty days after actual notice of the action if a notice of the action is not published in the Pennsylvania Bulletin.

(b) The appellant shall, within 20 days of the mailing of a request from the Board, file missing information required under § 1021.51(c), (d) and (k) (relating to commencement, form and content) or suffer dismissal of the appeal.

(c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).

Comment: The language “person to whom the action of the Department is issued or directed” is intended to include, but not be limited to, the recipient of: an order, a permit or license issuance or denial, a civil penalty assessment, or certification. See section 4(a) and (c) of the act (35 P.S. § 7514(a) and (c)).

The provisions of this § 1021.52 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.52 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (380037).

Appeal

Objector did not have actual notice of the Department of Environmental Protection’s renewal permit to the energy company to drill and operate the well until he received a copy of the renewal permit, rather than when the Department of Environmental Protection’s permit-tracking system provided general information about the permit. Thus, objector’s 30-day appeal period began with his receipt of the renewal permit. Harvilchuck v. Dep’t. of Environmental Protection, 117 A.3d 368 (2015).

The 30 day appeal period provided for in regulation cannot be triggered in the absence of a final, appealable decision, Seneca Landfill v. Dep’t. of Envtl. Protection 948 A.2d 916, 922 (Pa. Cmwlth. 2008).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.53 Amendments to appeal or complaint.

(a) An appeal or complaint may be amended as of right within 20 days after the filing thereof.

(b) After the 20-day period for amendment as of right, the Board, upon motion by the appellant or complainant, may grant leave for further amendment of the appeal or complaint. This leave may be granted if no undue prejudice will result to the opposing parties. The burden of proving that no undue prejudice will result to the opposing parties is on the party requesting the amendment.

(c) These motions shall be governed by the procedures in § § 1021.91 and 1021.95 (relating to general; and miscellaneous motions) except that the motion shall be verified and supported by affidavits.

(d) If motion to amend is granted, a party may request, in writing, a period of time to conduct additional discovery limited to the issues raised by the amendment. These requests shall specify a period deemed necessary therefor. The Board will act on any such request as its discretion requires.

(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).

Comment: In addition to establishing a new standard for assessing requests for leave to amend an appeal, this rule clarifies that a nunc pro tunc standard is not the appropriate standard to be applied in determining whether to grant leave for amendment of an appeal, contrary to the apparent holding in Pennsylvania Game Commission. v. Department of Environmental Resources, 509 A.2d 877 (Pa. Cmwlth. 1986).

The provisions of this § 1021.53 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709. Immediately preceding text appears at serial pages (313848) to (313849).

Company was not entitled to leave to amend its notice of pleading on appeal to the Environmental Hearing Board from issuance by the Department of Environmental Protection of a mining permit revision regarding protection of biologically diverse streams, where company’s request failed to provide any facts or averments demonstrationg that the requested relief would not result in prejudice to Department. The company bore the burden of establishing a lack of prejudice, and it failed to satisfy its burden in this regard. Consol Pennsylvania Coal Co., LLC v. Dep’t of Envtl. Prot., 129 A.3d 28 (Pa. Cmwlth. 2015).

This section cited in 25 Pa. Code § 1021.52 (relating to timeliness of appeal); and 25 Pa. Code § 1021.83 (relating to substitution of parties).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.53a Nunc pro tunc appeals.

(a) The Board upon written request and for good cause shown may grant leave for the filing of an appeal nunc pro tunc; the standards applicable to what constitutes good cause shall be the common law standards applicable in analogous cases in courts of common pleas in this Commonwealth.

(b) A person seeking to appeal nunc pro tunc shall file a petition to appeal nunc pro tunc. If filed after a dispositive motion that seeks to dismiss an appeal as untimely, the filing of the petition stays the deadlines for filing a response or reply concerning the motion. The Board will issue deadlines for filing a response and reply if the Board grants the petition and the dispositive motion addresses issues in addition to untimeliness.

(c) The petition to appeal nunc pro tunc shall comply with the requirements set forth for ‘‘motions’’ under § 1021.91 (relating to general), and, in addition, shall include the following:

(1) The specific facts that the potential appellant would attempt to prove at hearing to show that nunc pro tunc relief is warranted.

(2) The specific facts that the potential appellant would attempt to prove showing that it acted promptly in seeking nunc pro tunc relief.

(3) Copies of all documents and a list of all witnesses that the potential appellant relies upon in support of the petition to appeal nunc pro tunc.

(4) Legal authority and theories the potential appellant relies upon in seeking nunc pro tunc relief.

(5) A sworn affidavit of the person or persons having knowledge of the facts that the facts are verified as true and correct, or an unsworn written statement of the person or persons, that the facts are verified as true and correct subject to the penalties for unsworn falsification to authorities, under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).

(6) If the petition to appeal nunc pro tunc is not supported by an affidavit or verification as set forth in paragraph (5), an explanation of why the affidavit or verification was omitted.

(d) Responses to petitions to appeal nunc pro tunc shall comply with the requirements set forth for ‘‘responses’’ under § 1021.91. Unless otherwise ordered by the Board, the response shall be filed within 15 days of the date of service of the petition.

(e) A memorandum of law in support of the petition or response may be filed with the petition or response.

(f) The potential appellant may not file a reply unless the Board orders otherwise.

(g) The Board may schedule a hearing on whether nunc pro tunc relief is appropriate.

(h) If the petition to appeal nunc pro tunc is granted, the notice of appeal will be treated as though it were timely filed.

(i) If the petition to appeal nunc pro tunc is denied, the notice of appeal will be dismissed as untimely.

The provisions of this § 1021.53a amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.53a adopted February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial page (388235).

This section cited in 25 Pa. Code § 1021.32 (relating to filing).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.54a Prepayment of penalties.

(a) When an appeal is from the assessment of a civil penalty for which the statute requires an appellant to prepay the penalty or post a bond with the Department, the appellant shall submit to the Office of Chief Counsel of the Department a check in the amount of the penalty or an appropriate bond securing payment of the penalty or a verified statement that the appellant is unable to pay.

(b) When an appeal is from the assessment of a civil penalty for which the statute requires an appellant to prepay the penalty or post a bond with the Board, the appellant shall submit to the Board a check in the amount of the penalty or an appropriate bond securing payment of the penalty or a verified statement that the appellant is unable to pay.

(c) If a civil penalty is assessed under more than one statute, an appellant shall follow the procedures set forth in each statute.

(d) When an appellant submits a verified statement of inability to prepay, under subsection (a) or (b), a copy of the verified statement shall be included with the notice of appeal.

Comment: Practitioners should note that the Air Pollution Control Act (35 P. S. § § 4001—4015), requires that prepayment of a civil penalty be made to the Board and not to the Department.

The provisions of this § 1021.54a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

This section cited in 25 Pa. Code § 1021.51 (relating to commencement, form and content); 25 Pa. Code § 1021.55 (relating to hearing on inability to prepay penalty).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.55 Hearing on inability to prepay penalty.

(a) If an appellant submits a verified statement that he is unable to pay in accordance with § 1021.54a(c) (relating to prepayment of penalties), the Board may schedule a hearing on the validity of this claim and may require the appellant to supply appropriate financial information to the Department in advance of the hearing.

(b) If the Board determines that the appellant is able to prepay the penalty assessed or post a bond the Board will order the appellant to do so, within a period not to exceed 30 days.

The provisions of this 1021.55 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035. Immediately preceding text appears at serial page (317397).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.61 General.

(a) A petition for supersedeas under section 4(d) of the act (35 P. S. § 7514(d)) may be filed at any time during the proceeding.

(b) The Board will not issue a supersedeas without a hearing, but a hearing may be limited under subsection (d).

(c) A hearing on a supersedeas, if necessary, shall be held expeditiously—if feasible within 2 weeks of the filing of the petition—taking into account the available time of a Board member or hearing examiner, and taking into account the urgency and seriousness of the environmental or other problem to which the order or action of the Department applies. If good cause is shown, the hearing shall be held as soon as possible after the filing of the petition.

(d) At the discretion of the Board, if necessary to ensure prompt disposition, supersedeas hearings may be limited in time and format, with parties given a fixed amount of time to present their entire case, and with restricted rights of discovery, cross-examination or reopening the record in accordance with § 1021.133 (relating to reopening of record).

(e) Under § 1021.161 (relating to sanctions), the Board may impose costs or other appropriate sanctions on parties or attorneys who, in the Board’s opinion, have filed requests for supersedeas in bad faith or on frivolous grounds.

The provisions of this § 1021.61 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.61 reserved September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (372812).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.62 Contents of petition for supersedeas.

(a) A petition for supersedeas shall plead facts with particularity and shall be supported by one of the following:

(1) Affidavits, prepared as specified in Pa.R.C.P. 76 and 1035.4 (relating to definitions; and motion for summary judgment), setting forth facts upon which issuance of the supersedeas may depend.

(2) An explanation of why affidavits have not accompanied the petition if no supporting affidavits are submitted with the petition for supersedeas.

(b) A petition for supersedeas shall state with particularity the citations of legal authority the petitioner believes form the basis for the grant of supersedeas.

(c) A petition for supersedeas may be denied upon motion made before a supersedeas hearing or during the proceedings, or sua sponte, without hearing, for one of the following reasons:

(1) Lack of particularity in the facts pleaded.

(2) Lack of particularity in the legal authority cited as the basis for the grant of the supersedeas.

(3) An inadequately explained failure to support factual allegations by affidavits.

(4) A failure to state grounds sufficient for the granting of a supersedeas.

(d) The Board, upon motion or sua sponte, may direct that a prehearing conference be held.

The provisions of this § 1021.62 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (274921) to (274922).

This section cited in 25 Pa. Code § 1021.64 (relating to temporary supersedeas).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.63 Circumstances affecting grant or denial.

(a) The Board, in granting or denying a supersedeas, will be guided by relevant judicial precedent and the Board’s own precedent. Among the factors to be considered:

(1) Irreparable harm to the petitioner.

(2) The likelihood of the petitioner prevailing on the merits.

(3) The likelihood of injury to the public or other parties in the case.

(b) A supersedeas will not be issued in cases where pollution or injury to the public health, safety or welfare exists or is threatened during the period when the supersedeas would be in effect.

(c) In granting a supersedeas, the Board may impose conditions that are warranted by the circumstances, including the filing of a bond or other security.

The provisions of this § 1021.63 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.63 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (372813).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.64 Temporary supersedeas.

(a) An application for temporary supersedeas may be filed when a party may suffer immediate and irreparable injury before the Board can conduct a hearing on a petition for supersedeas.

(b) The application for temporary supersedeas shall be accompanied by a petition for supersedeas which comports with § 1021.62 (relating to contents of petitions for supersedeas).

(c) The application for temporary supersedeas and accompanying petition for supersedeas shall:

(1) Be served upon the office of the Department which issued notice of the action the applicant seeks to supersede and upon the Department’s Office of Chief Counsel.

(2) Include a proof of service in accordance with Pa.R.A.P. 122 (relating to content and form of proof of services).

(d) The Board will not issue a temporary supersedeas until it determines that the Department has been served in accordance with subsection (c) and has had a reasonable opportunity to respond by conference call or otherwise.

(e) When determining whether it will grant an application for temporary supersedeas, the Board will consider:

(1) The immediate and irreparable injury the applicant will suffer before a supersedeas hearing can be held.

(2) The likelihood that injury to the public, including the possibility of pollution, will occur while the temporary supersedeas is in effect.

(3) The length of time required before the Board can hold a hearing on the petition for supersedeas.

(f) Unless the Board orders otherwise, a temporary supersedeas will automatically terminate 6 business days after the date of issuance.

The provisions of this § 1021.64 reserved September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (274922).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.71 Complaints filed by the Department.

(a) When authorized by statute the Department may commence the action by filing a complaint or petition and a notice of a right to respond. The action is commenced when the complaint or petition is filed with the Board.

(b) Service of the complaint or petition shall be by personal service or by certified or registered mail. In the instance of mail, service shall be complete upon delivery. Service of all other documents shall be made in accordance with § 1021.34 (relating to service by party).

(c) The complaint shall set forth the statutory authority under which the Board is authorized to act and shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for action is based.

(d) The notice of a right to respond or defend shall conform to the following:

[Case Caption]

NOTICE

If you wish to defend against the claims set forth in the following pages, you must take action within thirty (30) days after this complaint and notice are served by entering a written appearance personally or by attorney and filing in writing with the Board your answers, defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Board without further notice for any claim or relief requested by the Department.

You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, contact the Secretary to the Board at (717) 787-3483.

(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).

The provisions of this 1021.71 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial page (289951).

This section cited in 25 Pa. Code § 1021.2 (relating to definitions); 25 Pa. Code § 1021.34 (relating to service by a party); and 25 Pa. Code § 1021.74a (relating to verification of pleadings).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.72 Complaints filed by other persons.

(a) When authorized by statute, a person may institute an action against the Department by filing a complaint.

(b) Service of the complaint or petition shall be by personal service or by certified or registered mail. In the instance of mail, service shall be complete upon delivery. Service of all other documents shall be made in accordance with § 1021.34 (relating to service by a party).

(c) The complaint shall set forth the statutory authority under which the Board is authorized to act and shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for action is based.

(d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).

The provisions of this 1021.72 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial page (289952).

This section cited in 25 Pa. Code § 1021.2 (relating to definitions); and 25 Pa. Code § 1021.74a (relating to verification of pleadings).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.73 Transferred matters.

(a) This rule addresses matters transferred to the Board from a court.

(b) Within the 30-day time period directed by the Board, the party who initiated the transferred action shall file a complaint with the Board.

(c) Service of the complaint or petition shall be by personal service or by certified or registered mail. In the instance of mail, service shall be complete upon delivery. Service of all other documents shall be made in accordance with § 1021.34 (relating to service by a party).

(d) The complaint shall set forth in separate numbered paragraphs the specific facts and circumstances upon which the request for relief is based.

(e) Subsections (a)—(d) supersede 1 Pa. Code § 35.5—35.7 and 35.9—35.11 (relating to informal complaints; and formal complaints).

The provisions of this § 1021.73 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial page (289952).

This section cited in 25 Pa. Code § 1021.2 (relating to definitions); and 25 Pa. Code § 1021.74a (relating to verification of pleadings).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.74 Answers to complaints.

(a) Answers to complaints shall be filed with the Board within 30 days after the date of service of the complaint, unless for cause the Board, with or without motion, prescribes a different time. An answer will not be required in less than 10 days after date of service.

(b) Answers to complaints shall set forth any legal objections as well as any denial of facts, in a single pleading.

(c) Answers shall be in writing and so drawn as to fully and completely advise the parties and the Board as to the nature of the defense, including affirmative defenses. Answers shall admit or deny specifically and in detail each material allegation of the complaint and state clearly and concisely the facts and matters of law relied upon.

(d) A defendant failing to file an answer within the prescribed time shall be deemed in default and, upon motion made as set forth in § 1021.76a (relating to entry of default judgment), all relevant facts in the complaint may be deemed admitted and default judgment may be entered. Further, the Board may impose any other sanctions for failure to file an answer in accordance with § 1021.161 (relating to sanctions).

(e) No new matter or preliminary objections shall be filed.

(f) Subsections (a)—(e) supersede 1 Pa. Code § § 35.5—35.7 and 35.35 (relating to informal complaints; and answers to complaints and petitions).

The provisions of this § 1021.74 reserved June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035. Immediately preceding text appears at serial pages (317402) to (317403).

This section cited in 25 Pa. Code § 1021.2 (relating to definitions); and 25 Pa. Code § 1021.74a (relating to verification of pleadings).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.74a Verification of pleadings.

Pleadings authorized under § § 1021.71—1021.74 shall be verified in accordance with Pa.R.C.P. 1024 (relating to verification).

The provisions of this § 1021.74a issued under section 5 of the Environmental Hearing Board Act (35 P. S. § 7515).

The provisions of this § 1021.74a adopted August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.75 Procedure after an answer is filed.

After an answer is filed the prehearing procedures in § 1021.101 (relating to prehearing procedures) shall be followed.

The provisions of this § 1021.75 adopted November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.76a Entry of default judgment.

(a) The Board, on motion of the plaintiff, may enter default judgment against the defendant for failure to file within the required time an answer to a complaint that contains a notice to defend.

(b) The motion for default judgment must contain a certification that the plaintiff served on the defendant a notice of intention to seek default judgment after the date on which the answer to the complaint was due and at least 10 days prior to filing the motion.

(c) The filing of an answer to the complaint by the defendant prior to the filing of a motion for default judgment by the plaintiff shall correct the default.

(d) When default judgment is entered in a matter involving a complaint for civil penalties, the Board may assess civil penalties in the amount of the plaintiff’s claim or may assess the amount of the penalty following an evidentiary hearing, as directed by the Board, at which the issues shall be limited to the amount of the civil penalties.

Comment: This rule is modeled after Pa.R.C.P. 237.1 and 1037.

The provisions of this § 1021.76a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

This section cited in 25 Pa. Code § 1021.74 (relating to answers to complaints).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.81 Intervention.

(a) A person may petition the Board to intervene in any pending matter prior to the initial presentation of evidence.

(b) A petition to intervene shall be verified, and shall contain sufficient factual averments and legal assertions to establish the following:

(1) The reasons the petitioner seeks to intervene.

(2) The basis for asserting that the identified interest is greater than that of the general public.

(3) The manner in which that interest will be affected by the Board’s adjudication.

(4) The specific issues upon which the petitioner will offer evidence or legal argument.

(c) A copy of the petition shall be served upon the parties to the proceedings.

(d) A party may file an answer to the petition. An answer shall be verified and filed within 15 days after service of the petition, unless a shorter time is ordered by the Board.

(e) The Board will deny the petition if it fails to include sufficient legal grounds or verified factual averments to establish the right to intervene.

(f) If the Board grants the petition, the order may specify the issues as to which intervention is allowed. An order granting intervention allows the intervenor to participate in the proceedings remaining at the time of the order granting intervention.

(g) Subsections (a)—(d) supersede 1 Pa. Code § § 35.27—35.32 and 35.36 (relating to intervention; and answers to petitions to intervene).

Section 1021.51(j) (relating to commencement, form and content) allows certain potentially adversely affected persons, as that term is defined in § 1021.51(h), to intervene in an appeal as of right by simply filing an entry of appearance.

The provisions of this § 1021.81 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.81 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial pages (372819) to (372820).

This section cited in 25 Pa. Code § 1021.2 (relating to definitions); and 25 Pa. Code § 1021.51 (relating to commencement, form and content).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.82 Consolidation.

(a) The Board, on its own motion or on the motion of any party, may order proceedings involving a common question of law or fact to be consolidated for hearing of any or all of the matters in issue in such proceedings.

(b) Subsection (a) supersedes 1 Pa. Code § 35.45 (relating to consolidation).

Comment: See also § 1021.4 (relating to construction and application of rules) authorizing the Board to interpret its rules to insure just, speedy and inexpensive determinations.

The provisions of this § 1021.82 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (259873).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.83 Substitution of parties.

(a) A person who has succeeded to the interests of a party to an appeal by operation of law, election to public office, appointment or transfer of interest may become a party to the pending action by filing with the Board a verified petitionfor substitution of party, which includes a statement of material facts upon which the right to substitute is based.

(b) The substituted party shall have all the rights and liabilities of the original party to the proceeding provided that any other party to the proceeding may move to strike the substituted party for just cause. A substituted party-appellant is limited to pursuing only those objections raised by the original appellant in its appeal, unless both the original appellant and the substituted appellant meet the conditions of § 1021.53(b)(2) (relating to amendments to appeal and complaint).

The provisions of this § 1021.83 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. Immediately preceding text appears at serial page (259873).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.91 General.

(a) This section applies to all motions except summary judgment motions and those made during the course of a hearing.

(b) Motions and responses shall be in writing, signed by a party or its attorney and shall be accompanied by a proposed order.

(c) A copy of the motion or response shall be served on the opposing party.

(d) A motion shall set forth in numbered paragraphs the facts in support of the motion and the relief requested.

(e) A response to a motion shall set forth in correspondingly-numbered paragraphs all factual disputes and the reason the opposing party objects to the motion. Material facts set forth in a motion that are not denied may be deemed admitted for the purposes of deciding the motion.

(f) For purposes of the relief sought by a motion, the Board will deem a party’s failure to respond to a motion to be an admission of all properly-pleaded facts contained in the motion.

(g) The moving party may not file a reply to a response to procedural, discovery or miscellaneous motions, unless the Board orders otherwise.

(h) Subsection (b) supplements 1 Pa. Code § 33.11 (relating to the execution) and supersedes 1 Pa. Code § 35.178 (relating to presentation of motions). Subsection (c) supersedes 1 Pa. Code § § 33.32, 33.35 and 33.36 (relating to service by a participant; proof of service; and form of certificate of service). Subsections (d)—(f) supersede 1 Pa. Code § § 35.177 and 35.178 (relating to the scope and content of motions; and presentation of motions).

The provisions of this § 1021.91 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709. Immediately preceding text appears at serial pages (313860) to (313861).

This section cited in 25 Pa. Code § 1021.53 (relating to amendments to appeal or complaint); 25 Pa. Code § 1021.53a (relating to nunc pro tunc appeals); 25 Pa. Code § 1021.133 (relating to reopening of record); and 25 Pa. Code § 1021.153 (relating to amendment of interlocutory orders).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.92 Procedural motions.

(a) This section applies to motions pertaining to the procedural aspects of a case, including motions for continuance, for expedited consideration, for extensions of time in which to file documents and for stay of proceedings.

(b) Procedural motions do not require verification.

(c) Procedural motions shall contain a statement indicating the nonmoving party’s position on the relief requested or a statement that the moving party, after a reasonable effort, has been unable to determine the nonmoving party’s position.

(d) If all parties consent to the relief requested, the request may be embodied in a letter, provided the letter indicates the consent of the other parties.

(e) Procedural requests, whether in letter or motion form, shall be accompanied by a proposed order.

(f) A response to a procedural motion shall be filed with the Board within 15 days of the date of service of the motion unless otherwise ordered by the Board.

(g) Procedural motions may not be accompanied by supporting memoranda of law unless otherwise ordered by the Board.

(h) Subsection (b) supersedes 1 Pa. Code § 33.12 (relating to verification). Subsections (c) and (e) supersedes 1 Pa. Code § 35.177 (relating to the scope and contents of motions). Subsection (d) supersedes 1 Pa. Code § 35.179 (relating to objections to motions).

The provisions of this § 1021.92 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.92 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (411275).

This section cited in 25 Pa. Code § 1021.12 (relating to extensions of time); 25 Pa. Code § 1021.32 (relating to filing); 25 Pa. Code § 1021.95 (relating to miscellaneous motions); and 25 Pa. Code § 1021.133 (relating to reopening of record).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.93 Discovery motions.

(a) This section applies to motions filed to resolve disputes arising from the conduct of discovery.

(b) A discovery motion may not be filed unless it contains a certification that the movant has in good faith conferred or attempted to confer with the party against whom the motion is directed in an effort to secure the requested discovery without Board action. Discovery motions must contain as exhibits the discovery requests and answers giving rise to the dispute.

(c) Responses to discovery motions shall be filed within 15 days of the date of service of the motion, unless the Board orders otherwise.

(d) A party may file a memorandum of law in support of its discovery motion or its response to a discovery motion. The supporting memorandum of law shall be filed at the same time the motion or response is filed.

(e) Subsection (b) supersedes 1 Pa. Code § 33.12 (relating to verification). Subsections (b) and (d) supersedes 1 Pa. Code § 35.177 (relating to the scope and contents of motions). Subsection (c) supersedes 1 Pa. Code § 35.179 (relating to objections to motions).

The provisions of this § 1021.93 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035. Immediately preceding text appears at serial pages (317408) to (317409).

This section cited in 25 Pa. Code § 1021.95 (relating to miscellaneous motions); 25 Pa. Code § 1021.102 (relating to discovery); and 25 Pa. Code § 1021.133 (relating to reopening of record).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.94 Dispositive motions other than summary judgment motions.

(a) Dispositive motions, responses and replies shall be in writing, signed by a party or its attorney and served on the opposing party in accordance with § 1021.34 (relating to service by a party). Dispositive motions shall be accompanied by a supporting memorandum of law or brief. The Board may deny a dispositive motion if a party fails to file a supporting memorandum of law or brief.

(b) Parties, other than the moving party, that wish to support a pending dispositive motion may file a memorandum of law within 15 days of service of the motion or within 15 days of the deadline for filing dispositive motions, whichever comes first. The scope of facts that the Board will consider in support of the motion is limited to the scope in the original motion unless a separate dispositive motion accompanies the supporting party’s memorandum of law.

(c) A response to a dispositive motion shall be filed within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of that memorandum of law. The response to a dispositive motion must be accompanied by a supporting memorandum of law or brief.

(d) A moving party, or a supporting party that files a memorandum of law alone, may file a reply to a response to a dispositive motion within 15 days of the date of service of the response. The reply may be accompanied by a supporting memorandum of law or brief. Reply briefs or memoranda of law shall be as concise as possible and may not exceed 25 pages. Longer briefs or memoranda of law may be permitted at the discretion of the Board.

(e) An affidavit or other document relied upon in support of a dispositive motion or response, that is not already a part of the record, shall be filed at the same time as the motion or response or it will not be considered by the Board in ruling thereon.

(f) When a dispositive motion is made and supported as provided in this rule, an adverse party may not rest upon mere allegations or denials of the adverse party’s pleading or its notice of appeal, but the adverse party’s response must set forth specific issues of fact or law showing there is a genuine issue for hearing. If the adverse party fails to adequately respond, the dispositive motion may be granted against the adverse party.

(g) Subsection (a) supersedes 1 Pa. Code § 35.177 (relating to scope and contents of motions). Subsection (b) supersedes 1 Pa. Code § 35.179 (relating to objections to motions).

The provisions of this § 1021.94 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended November 21, 2014, effective November 22, 2014, 44 Pa.B. 7365 and 44 Pa.B. 7368. Immediately preceding text appears at serial pages (372824) to (372825).

This section cited in 25 Pa. Code § 1021.95 (relating to miscellaneous motions); and 25 Pa. Code § 1021.133 (relating to reopening of record).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.94a Summary judgment motions.

(a) Rules governing summary judgment motions. Except as otherwise provided by these rules, motions for summary judgment shall be governed by Pa.R.C.P. Rules 1035.1—1035.5.

(b) Summary judgment motion record.

(1) A summary judgment motion record must contain the following separate items:

(i) A motion prepared in accordance with subsection (c).

(ii) A statement of undisputed material facts in accordance with subsection (d).

(iii) A supporting brief prepared in accordance with subsection (e).

(iv) The evidentiary materials relied upon by the movant.

(v) A proposed order.

(2) Motions and responses must be in writing, signed by a party or its attorney, and served on the opposing party in accordance with § 1021.34 (relating to service by a party).

(c) Motion. A motion for summary judgment must contain only a concise statement of the relief requested and the reasons for granting that relief. The motion should not include any recitation of the facts and should not exceed two pages in length.

(d) Statement of undisputed material facts. A statement of undisputed material facts must consist of numbered paragraphs and contain only those material facts to which the movant contends there is no genuine issue together with a citation to the portion of the motion record establishing the fact or demonstrating that it is uncontroverted. The citation must identify the document and specify the paragraphs and pages or lines thereof or the specific portions of exhibits relied on. The statement of undisputed material facts, absent the portions of exhibits and affidavits relied upon, may not exceed five pages in length unless leave of the Board is granted.

(e) Brief in support of the motion for summary judgment. The motion for summary judgment shall be accompanied by a brief containing an introduction, summary of the case and the legal argument supporting the motion.

(f) Other parties supporting a motion for summary judgment. Parties, other than the moving party, that wish to support a pending motion for summary judgment may file a memorandum of law within 15 days of service of the motion or within 15 days of the deadline for dispositive motions, whichever comes first. The scope of facts that the Board will consider in support of the motion is limited to the scope in the original motion unless a separate motion for summary judgment accompanies the supporting party’s memorandum of law.

(g) Opposition to motion for summary judgment. Within 30 days of service of the motion or, if a supporting party files a memorandum of law alone, within 30 days of service of the memorandum of law, a party opposing the motion shall file the following:

(1) A response to the motion for summary judgment which includes a concise statement, not to exceed two pages in length, as to why the motion should not be granted.

(2) A response to the statement of undisputed material facts either admitting or denying or disputing each of the facts in the movant’s statement. Any response must include a citation to the portion of the record controverting a material fact. The citation must identify the document and specify the pages and paragraphs or lines thereof or the specific portions of exhibits relied on demonstrating existence of a genuine issue as to the fact disputed. An opposing party may also include in the responding statement additional facts the party contends are material and as to which there exists a genuine issue. Each fact shall be stated in separately numbered paragraphs and contain citations to the motion record. The response to the statement of undisputed material facts may not exceed five pages in length unless leave of the Board is granted.

(3) A brief containing the legal argument in opposition to the motion.

(h) Length of brief in support of and in opposition to summary judgment. Unless leave of the Board is granted, the brief in support of or in opposition to the motion may not exceed 30 pages. If the Board grants leave to file a brief in excess of 30 pages, the brief shall contain a table of contents.

(i) Evidentiary materials. Affidavits, deposition transcripts or other documents relied upon in support of a motion for summary judgment or response must accompany the motion or response and be separately bound and labeled as exhibits. Affidavits must conform to Pa.R.C.P. 76 and 1035.4 (relating to definitions; and affidavits).

(j) Proposed order. The motion must be accompanied by a proposed order.

(k) Reply brief. Within 15 days of service of the response, the movant, or a supporting party that files a memorandum of law alone, may file a reply brief. The reply brief may not exceed 15 pages unless leave of the Board is granted. Additional briefing may be permitted at the discretion of the Board.

(l) Summary judgment. When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the adverse party’s pleading or its notice of appeal, but the adverse party’s response, by affidavits or as otherwise provided by this rule, must set forth specific facts showing there is a genuine issue for hearing. If the adverse party does not so respond, summary judgment may be entered against the adverse party. Summary judgment may be entered against a party who fails to respond to a summary judgment motion.

(m) Judgment rendered. The judgment sought shall be rendered forthwith if the motion record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

The statement of material facts should be limited to those facts which are material to disposition of the summary judgment motion and should not include lengthy recitations of undisputed background facts or legal context.

The provisions of this § 1021.94a amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. 7515(c)).

The provisions of this § 1021.94a adopted February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035; amended November 21, 2014, effective November 22, 2014, 44 Pa.B. 7365; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial pages (374933) to (374934) and (411277).

This section cited in 25 Pa. Code § 1021.133 (relating to reopening of record).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.95 Miscellaneous motions.

(a) This section applies to a motion not otherwise addressed in § § 1021.92—1021.94 (relating to procedural motions; discovery motions; and dispositive motions), including a motion in limine, a motion to strike and a motion for recusal.

(b) Miscellaneous motions do not require verification.

(c) Responses to miscellaneous motions shall be filed within 15 days of the date of service of the motion, unless otherwise ordered by the Board.

(d) A memorandum of law in support of a miscellaneous motion or response to a miscellaneous motion shall be filed with the miscellaneous motion or response.

(e) Subsection (b) supersedes 1 Pa. Code § 33.12 (relating to verification).

The provisions of this § 1021.95 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial page (289961).

This section cited in 25 Pa. Code § 1021.53 (relating to amendments to appeal or complaint); and 25 Pa. Code § 1021.133 (relating to reopening of record).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.96a Motions for expedited hearing.

(a) A motion for an expedited hearing may be filed at any time in either an appeal or special action, or the Board may order an expedited hearing on its own motion.

(b) The Board may issue an order for an expedited hearing notwithstanding the time requirements contained in a previous order of the Board, the Board’s Rules of Practice and Procedure in § 1021.101 (relating to prehearing procedure), or Title 231 (relating to rules of civil procedure) relating to discovery.

(c) In issuing such an order, the Board will be guided by relevant judicial and Board precedent. Among other factors to be considered:

(1) Whether pollution or injury to the public health, safety or welfare exists or is threatened during the period ordinarily required to complete the proceedings.

(2) Severity of prejudice to any party during the time period ordinarily required to complete the proceedings.

(3) The status of discovery and the realistic need of the parties for extended discovery and for time to prepare for a hearing.

(4) Whether the issuance of such an order would promote judicial economy or would otherwise be in the public interest.

(5) The effect of expedited proceedings on the nonrequesting party.

(d) The Board may direct that a prehearing conference be held to determine an appropriate schedule for the completion of prehearing proceedings as well as the time and place of the hearing.

The provisions of this § 1021.96a adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.96b Contents of motion for expedited hearing.

(a) A motion for an expedited hearing must state facts with particularity and be supported by one of the following:

(1) Affidavits based on personal knowledge or experience setting forth facts supporting the issuance of an order for an expedited hearing.

(2) An explanation of why affidavits have not accompanied the motion if no affidavits are submitted with the motion for an expedited hearing.

(b) A motion for an expedited hearing shall be accompanied by a memorandum of law.

(c) A motion may not be filed unless it contains a certification that the moving party has in good faith conferred or attempted to confer with the party against whom the motion is directed in an effort to secure an agreement on expediting the proceeding.

The provisions of this § 1021.96b adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.96c Response to motion for expedited hearing.

A response and supporting memorandum of law shall be filed within 10 days of service unless otherwise ordered by the Board.

The provisions of this § 1021.96c adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.96d Conduct of expedited hearing.

(a) Nothing contained in this rule shall limit the rights of the parties to a full hearing before the Board under the applicable rules of evidence with full rights of cross-examination of witnesses. The Board may limit the number of witnesses or the subjects of examination in order to avoid duplication of evidence as provided in § 1021.126 (relating to limiting number of witnesses and additional evidence).

(b) Testimony may be submitted by prepared written testimony as provided for under § 1021.124 (relating to written testimony).

(c) After the conclusion of the hearing, the Board will direct the prompt filing of posthearing briefs.

Comment: The Board will grant a motion for expedited hearing only in rare circumstances.

The provisions of this § 1021.96d adopted October 16, 2009, effective October 17, 2009, 39 Pa.B. 6035.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.101 Prehearing procedure.

(a) Upon the filing of an appeal, the Board will issue a prehearing order providing that:

(1) All discovery shall be completed no later than 180 days from the date of the prehearing order.

(2) The service of a report of an expert together with a statement of qualifications may be substituted for an answer to expert interrogatories.

(3) Dispositive motions shall be filed within 210 days of the date of the prehearing order.

(4) The parties may, within 60 days of the date of the prehearing order, submit a Joint Proposed Case Management Order to the Board.

(b) A Joint Proposed Case Management Order shall propose alternate dates for the conclusion of discovery, the service of expert or supplemental reports, and the filing of dispositive motions. The Board may issue subsequent prehearing orders incorporating the alternate dates proposed by the parties or other dates the Board deems appropriate.

(c) The Board will establish a hearing date for the issues in the appeal. The Board may also direct that the parties meet prior to the hearing to stipulate to uncontested facts, the qualifications of experts and the admissibility of exhibits.

(d) The parties shall file their prehearing memoranda at least 20 days before the scheduled hearing date. The Board may issue an order scheduling specific dates on which each party is to file its prehearing memorandum, deadlines for filing motions in limine and a prehearing conference.

(e) Subsection (d) supersedes 1 Pa. Code § 35.121 (relating to initiation of hearings).

The provisions of this § 1021.101 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.101 amended September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial pages (372829) to (372830).

This section cited in 25 Pa. Code § 1021.96a (relating to motions for expedited hearing); 25 Pa. Code § 1021.75 (relating to procedure after an answer is filed); and 25 Pa. Code § 1021.104 (relating to prehearing memorandum).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.102 Discovery.

(a) Except as otherwise provided in this chapter or by order of the Board, discovery in proceedings before the Board shall be governed by the Pa.R.C.P. When the term ‘‘court’’ is used in the Pa.R.C.P., ‘‘Board’’ is to be understood; when the terms ‘‘prothonotary’’ or ‘‘clerk of court’’ are used in the Pa.R.C.P., ‘‘Secretary to the Board’’ is to be understood.

(b) Copies of requests for discovery or responses to requests are not to be filed with the Board unless they are necessary for the resolution of a discovery dispute or disposition of a motion pending before the Board.

(c) If a person or party is to be deposed by oral examination more than 100 miles from his or its residence or principal place of business, the Board may, upon motion, order the payment of reasonable expenses, including attorney’s fees, as the Board deems proper.

(d) Discovery disputes shall be resolved pursuant to a motion filed in accordance with § 1021.93 (relating to discovery motions), except that to facilitate the prompt completion of discovery, the Board may hear argument on discovery disputes by telephone conference call at the time the dispute arises and may issue oral rulings which will be later memorialized in written orders.

(e) Subsections (a)—(d) supersede 1 Pa. Code § § 35.145—35.152 (relating to depositions).

The provisions of this § 1021.102 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.103 Subpoenas, notices to attend and notices to produce.

(a) Except as otherwise provided in this chapter or by order of the Board, requests for subpoenas, subpoenas, notices to attend and notices to produce shall be governed by Pa.R.C.P. 234.1—234.4, 234.6—234.9 and 4009.21—4009.27. When the term “court” is used in Pa.R.C.P. “Board” is to be understood; when the terms “Prothonotary” or “clerk of court” are used in Pa.R.C.P. “Secretary to the Board” is to be understood.

(b) Proof of service of the subpoena need not be filed with the Board.

(c) Subsections (a) and (b) supersede 1 Pa. Code § § 35.139 and 35.142 (relating to fees of witnesses; and subpoenas).

The provisions of this § 1021.103 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.103 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (372831).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.104 Prehearing memorandum.

(a) A prehearing memorandum shall contain the following:

(1) A statement of the facts in dispute and the facts upon which the parties agree.

(2) A statement of the legal issues in dispute, including citations to statutes, regulations and caselaw supporting the party’s position.

(3) A description of scientific tests upon which the party will rely and a statement indicating whether an opposing party will object to their use.

(4) A list of expert witnesses whose qualifications will not be challenged and which may be entered into the record as an unchallenged exhibit.

(5) For each expert witness a party intends to call at the hearing, answers to expert interrogatories and a copy of any expert report provided under § 1021.101(a)(2) (relating to prehearing procedure). In the absence of answers to the expert interrogatories or an expert report, a summary of the testimony of each expert witness.

(6) The proposed order of witnesses.

(7) A list of the exhibits the party seeks to introduce into evidence and a statement indicating whether the opposing party will object to their introduction. A copy of each exhibit shall be attached.

(8) Signed copies of any stipulations reached by the parties.

(9) Other information as may be required by the Board’s prehearing orders.

(b) The Board may impose sanctions on a party which does not comply with the requirements of subsection (a). These sanctions may include the preclusion of testimony or documentary evidence and the cancellation of the hearing.

(c) The requirements of this section apply only to a party’s case-in-chief.

The provisions of this § 1021.104 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended February 10, 2006, effective February 11, 2006, 36 Pa.B. 709. Immediately preceding text appears at serial page (313866).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.105 Prehearing conferences.

(a) The Board, on its own motion or on motion of a party, may hold a conference either prior to or during a hearing for the purpose of considering offers of settlement, adjustment of the proceeding or any issue therein, or other matters to expedite the orderly conduct and disposition of a hearing.

(b) A stipulation of the parties or rulings of the Board as a result of the conference shall be binding upon the parties.

(c) The Board may issue prehearing orders as it considers necessary for limiting issues of fact and law.

(d) The Board will, at any time, be authorized to delay a formal hearing and order settlement discussions or stipulations, either on or off the record.

(e) Subsections (a)—(d) supplement 1 Pa. Code § § 35.111—35.115.

The provisions of this § 1021.105 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.106 Voluntary mediation.

(a) Upon request by all the parties, the Board may stay a matter for up to 120 days to allow the parties to utilize voluntary mediation services.

(b) The parties are responsible for selection of a mediator and payment of the mediator’s fees.

(c) The request shall be filed at least 14 days before initiation of hearings by the Board. The request shall identify the mediator selected and shall certify that the parties have made arrangements for payment of the mediator’s fee.

(d) At the end of the initial stay, the parties shall jointly file a report, prepared and signed by the mediator, setting forth whether the mediation has been successful or has a likelihood of success if the mediation process continues to proceed. The parties may request an additional stay if necessary to complete the mediation process.

(e) The grant of an additional stay for mediation is in the Board’s discretion and the Board may impose limitations the Board deems appropriate.

(f) A settlement reached by the parties as a result of voluntary mediation shall be submitted to the Board for approval under § 1021.141 (relating to termination of proceedings).

(g) Only a signed settlement agreement shall be binding and it shall bind only the parties signing it.

(h) A party’s participation in voluntary mediation may not be used as evidence in a proceeding before the Board. Communications between the parties during the mediation period shall be regarded as offers of settlement and are neither discoverable nor admissible as evidence in a proceeding before the Board.

(i) Subsections (a)—(h) supplement 1 Pa. Code § § 35.111 and 35.115 (relating to conferences to adjust, settle or expedite proceedings; and offers of settlement).

The provisions of this § 1021.106 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.106 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial pages (388242) and (372833).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.107 Authority delegated to hearing examiners.

(a) The Board may appoint hearing examiners to preside at hearings. Subject to the approval of the Board member assigned to the case, the hearing examiner shall have the following authority:

(1) To schedule and regulate the course of the hearings.

(2) To administer oaths and affirmations.

(3) To rule on motions in limine, offers of proof and the admission or exclusion of evidence.

(4) To conduct pretrial conferences, settlement conferences and related pretrial proceedings and to dispose of procedural matters.

(5) To schedule the filing of posthearing briefs following the conclusion of the hearing.

(6) To recommend to the Board member or to the Board an opinion and order or adjudication disposing of the matters considered at the hearing.

(b) Subsection (a) supersedes 1 Pa. Code § 35.187 (relating to authority delegated to presiding officers).

The provisions of this § 1021.107 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (270942) to (270943).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.111 Initiation of hearings.

(a) If the proceedings are at issue and a hearing is required, a formal evidentiary hearing shall be scheduled and a notice of hearing shall be sent to all parties to the proceedings.

(b) Subsection (a) supersedes 1 Pa. Code § 35.121 (relating to initiation of hearings).

The provisions of this § 1021.111 amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (259879) to (259880).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.112 Waiver of hearings.

(a) A hearing need not be held if waived by appellant or respondent or if parties stipulate the essential facts or agree to submit direct and rebuttal testimony or documentary evidence in affidavit form (sworn or affirmed on personal knowledge) or by deposition.

(b) Subsection (a) supersedes 1 Pa. Code § 35.101 (relating to waiver of hearing).

The provisions of this 1021.112 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.113 Continuance of hearings.

(a) Hearings may not be continued except for compelling reasons. Requests for continuances shall be submitted to the Board in writing with a copy served upon the other parties to the proceedings, except that during the course of a hearing in a proceeding, the requests may be made by oral motion in the hearing.

(b) Subsection (a) supersedes 1 Pa. Code § 31.15 (relating to extensions of time).

The provisions of this 1021.113 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.114 Venue of hearings.

At the discretion of the Board, hearings will be held at the Commonwealth facility nearest the location of the complaint sought to be remedied by the Department with consideration for the convenience of witnesses, the public and the parties in attending the hearings.

The provisions of this § 1021.114 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (259880).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.115 View of premises.

The Board may upon reasonable notice and at reasonable times inspect any real estate including a body of water, industrial plant, building or other premises when the Board is of the opinion that a viewing would have probative value in a matter in hearing or pending before the Board.

The provisions of this 1021.115 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.116 Conduct of hearings.

(a) Hearings may be held, at the discretion of the Board, before the Board as a whole, by individual Board members sitting as administrative law judges, or by hearing examiners who are not members of the Board. Hearings held by hearing examiners not members of the Board will be decided by the Board based upon its review of the record and the examiner’s proposed adjudication. All final decisions shall be decisions of the Board decided by majority vote. Petitions for supersedeas and other petitions and motions may be decided by the Board member hearing the petition or motion.

(b) Subsection (a) supersedes 1 Pa. Code § 35.123 (relating to conduct of hearings).

The provisions of this § 1021.116 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (274925).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.117 Presentation by the parties.

(a) Parties shall have the right to an opening statement, presentation of evidence, cross-examination, objection, motion and argument, and closing argument.

(b) The party with the burden of proof is required to make a prima facie case by the close of its case-in-chief.

(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.126 (relating to presentation by the parties).

The provisions of this § 1021.117 adopted September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (274925).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.118 Transcript.

(a) Hearings shall be stenographically reported and a transcript of the report shall be a part of the record.

(b) Parties desiring copies of the transcript shall obtain the copies from the official reporter.

(c) Parties shall have the opportunity to review a copy of the transcript on file with the Board.

(d) Subsections (a)—(c) supplement 1 Pa. Code § § 35.131—35.133 (relating to transcript).

The provisions of this § 1021.118 amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (274925) to (274926).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.121 Motions in limine.

A party may obtain a ruling on evidentiary issues by filing a motion in limine.

The provisions of this 1021.121 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.122 Burden of proceeding and burden of proof.

(a) In proceedings before the Board, the burden of proceeding and the burden of proof shall be the same as at common law in that the burden shall normally rest with the party asserting the affirmative of an issue. It shall generally be the burden of the party asserting the affirmative of the issue to establish it by a preponderance of the evidence. In cases where a party has the burden of proof to establish the party’s case by a preponderance of the evidence, the Board may nonetheless require the other party to assume the burden of proceeding with the evidence in whole or in part if that party is in possession of facts or should have knowledge of facts relevant to the issue.

(b) The Department has the burden of proof in the following cases:

(1) When it assesses or files a complaint for a civil penalty.

(2) When it files a complaint for any other purpose.

(3) When it revokes or suspends a license, permit, approval or certification.

(4) When it issues an order.

(c) A party appealing an action of the Department shall have the burden of proof in the following cases:

(1) When the Department denies a license, permit, approval or certification.

(2) When a party who is not the recipient of an action by the Department protests the action.

(3) When a party to whom a permit approval or certification is issued protests one or more aspects of its issuance or modification.

(4) When a party appeals or objects to a settlement of a matter between the Department and another private party.

The provisions of this § 1021.122 amended under section 5 of the Environmental Hearing Board Act (35 P. S. § 7515).

The provisions of this § 1021.122 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328. Immediately preceding text appears at serial pages (345922) to (345923).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.123 Evidence.

(a) The Board is not bound by technical rules of evidence and relevant and material evidence of reasonable probative value is admissible. The Board generally applies the Pennsylvania Rules of Evidence.

(b) Copies of an exhibit to be offered into evidence shall be made available to parties at the time it is identified as an exhibit unless otherwise ordered by the Board.

(c) Witnesses shall be sworn or shall affirm.

(d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.137—35.139, 35.162 and 35.166.

The provisions of this § 1021.123 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (259886) and (274927).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.124 Written testimony.

(a) Written testimony of a witness, on numbered lines in question and answer form, may be admitted into evidence provided the witness is present for cross-examination.

(b) Written testimony shall be filed concurrently with the prehearing memorandum unless a different time is prescribed by the Board. Objections to written testimony which can be reasonably anticipated prior to hearing shall be in writing and filed at least 5 days before the hearing unless otherwise ordered by the Board.

(c) If a party desires to file written testimony prior to the close of the record, it may do so only upon motion approved by the Board. This approval shall include the scope of the written testimony and the time for filing the testimony and service upon opposing counsel.

The provisions of this § 1021.24 amended August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (274927) to (274928).

This section cited in 25 Pa. Code § 1021.96d (relating to conduct of expedited hearing).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.125 Official notice of facts.

(a) The Board may take official notice of the following:

(1) Matters which may be judicially noticed by the courts of the Commonwealth.

(2) Facts which are not in dispute.

(3) Record facts reflected in the official docket of the Board as referenced in § 1021.39(a) (relating to docket).

(b) Any party shall, on timely request, be afforded an opportunity to show why the Board should not take official notice of items listed in subsection (a).

(c) A party requesting the taking of official notice after the conclusion of the hearing shall do so in accordance with § 1021.133 (relating to reopening of record prior to adjudication).

The provisions of this § 1021.125 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (274928) to (274929).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.126 Limiting number of witnesses and additional evidence.

(a) The Board may limit the number of witnesses upon an issue and may request a party to present additional evidence on an issue.

(b) Subsection (a) supplements 1 Pa. Code § § 35.127 and 35.128 (relating to limiting number of witnesses; and additional evidence).

The provisions of this § 1021.126 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085.

This section cited in 25 Pa. Code § 1021.96d (relating to conduct of expedited hearing).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.131 Posthearing briefs.

(a) The initial posthearing brief of each party shall contain a table of contents, proposed findings of fact (with references to the appropriate exhibit or page of the transcript), an argument with citation to supporting legal authority, and proposed conclusions of law.

(b) Reply briefs shall be as concise as possible and may not exceed 25 pages. Longer briefs may be permitted at the discretion of the presiding administrative law judge.

(c) An issue which is not argued in a posthearing brief may be waived.

(d) Subsections (a)—(c) supersede 1 Pa. Code § § 35.191—35.193 (relating to briefs).

The provisions of this § 1021.131 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.131 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 21, 2022, effective October 22, 2022, 52 Pa.B. 6534. Immediately preceding text appears at serial page (372839).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.132 Oral argument after hearing.

(a) A party may, within 5 days after the last post-hearing briefing and prior to adjudication, request oral argument before the entire Board. The Board may grant or deny the request.

(b) Subsection (a) supersedes 1 Pa. Code § 35.204 (relating to oral argument before presiding officer).

The provisions of this § 1021.132 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (274930).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.133 Reopening of record.

(a) After the conclusion of the hearing on the merits of the matter pending before the Board and before the Board issues an adjudication, or after the conclusion of a hearing on a supersedeas and before the Board issues an order granting or denying a supersedeas, the Board, upon its own motion or upon a petition filed by a party, may reopen the record as provided in this section.

(b) The record may be reopened upon the basis of recently discovered evidence when all of the following circumstances are present:

(1) Evidence has been discovered which would conclusively establish a material fact of the case or would contradict a material fact which had been assumed or stipulated by the parties to be true.

(2) The evidence is discovered after the close of the record and could not have been discovered earlier with the exercise of due diligence.

(3) The evidence is not cumulative.

(c) The record may also be reopened to consider evidence which has become material as a result of a change in legal authority occurring after the close of the record. A petition to reopen the record on this basis shall specify the change in legal authority and demonstrate that it applies to the matter pending before the Board. Such a petition need not meet the requirements of subsection (d)(2) and (3).

(d) A petition seeking to reopen the record shall:

(1) Identify the evidence which the petitioner seeks to add to the record.

(2) Describe the efforts which the petitioner had made to discover the evidence prior to the close of the record.

(3) Explain how the evidence was discovered after the close of the record. A petition filed under subsection (b) shall be verified and all petitions shall contain a certification by counsel that the petition is being filed in good faith and not for the purpose of delay.

(e) The petition shall be served upon the parties to the proceedings. A petition will be treated as a miscellaneous motion under § 1021.95 (relating to miscellaneous motions) except that the motion would have to be verified or supported by affidavits. The answer shall be verified if it includes factual assertions which are not of record.

(f) Subsections (a)—(e) supersede 1 Pa. Code § § 35.232 and 35.233 (relating to reopening by presiding officer; and reopening by agency action).

Comment: This sets a standard which is more stringent than the materiality test of Spang & Company v. DER, 592 A.2d 815 (Pa. Cmwlth. 1991), but broader than the grounds justifying reconsideration. The procedure differs from the standard motions practice under § § 1021.91—1021.95 (relating to motions).

The provisions of this § 1021.133 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)).

The provisions of this § 1021.133 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial pages (411285) to (411286).

This section cited in 25 Pa. Code § 1021.61 (relating to general); and 25 Pa. Code § 1021.125 (relating to official notice of facts).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.134 Adjudications.

(a) At the conclusion of the proceedings, the Board will issue an adjudication containing a discussion, findings of fact, conclusions of law and an order.

(b) The Board will serve a copy of the adjudication on all parties to the proceeding or their representatives.

(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.226 (relating to final orders).

The provisions of this § 1021.134 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial pages (274931) and (259891).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.141 Termination of proceedings.

(a) A proceeding before the Board may be terminated by one of the following:

(1) Withdrawal of the appeal prior to adjudication.

(2) Settlement agreement.

(3) Consent adjudication.

(b) When a proceeding is sought to be terminated by the parties as a result of a settlement agreement, the form of the settlement agreement may be a consent order, a consent assessment of civil penalties, a permit modification, or any other basis for settling an action as permitted by law. If the settlement includes any action of the Department which would have to be published if taken independently of the settlement, that action shall be published by the Department as required by law. Appealable actions of the Department contained in the settlement may be appealed to the Board by an aggrieved person not a party to the settlement in the manner provided by law. A party to the settlement may appeal only to the extent permitted by the terms of the agreement. After the parties have agreed upon a settlement they may do one of the following:

(1) Notify the Board that the case has been settled and request that the docket be marked settled.

(2) Notify the Board that the case has been settled, provide the Board with a copy of the settlement agreement for inclusion in the record of the case, and request that the docket be marked settled.

(3) Notify the Board that the case has been settled, provide the Board with a copy of the settlement agreement for inclusion in the record, request the notice of the settlement be published in the Pennsylvania Bulletin and request that the case be marked as settled.

The notice of publication shall be in substantially the following form:

RE: (Case and Docket Number)

(The Commonwealth of Pennsylvania Department of Environmental Protection and (name of party or parties) have agreed to a settlement of the above matter. The Commonwealth had ordered under date of

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.151 Reconsideration of interlocutory orders.

(a) A petition for reconsideration of an interlocutory order or ruling shall be filed within 10 days of the order or ruling. The petition must demonstrate that extraordinary circumstances justify consideration of the matter by the Board. A party may file a memorandum of law at the time the petition or response is filed.

(b) A copy of the petition shall be served upon the parties. A party wishing to file an answer may do so within 10 days of service or as ordered by the Board.

(c) The failure of a party to file a petition under this section will not result in a waiver of any issue.

(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

Comment: There is no need to file a petition for reconsideration of an interlocutory order in order to preserve an issue for later argument. Reconsideration is an extraordinary remedy and is inappropriate for the vast majority of the rulings issued by the Board.

The provisions of this § 1021.151 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.151 adopted August 30, 1996, effective August 31, 1996, 26 Pa.B. 4222; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial pages (372842) to (372843).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.152 Reconsideration of final orders.

(a) A petition for reconsideration of a final order shall be filed within 10 days of the date of the final order. A party may file a memorandum of law at the time the petition or response is filed. Reconsideration is within the discretion of the Board and will be granted only for compelling and persuasive reasons. These reasons may include the following:

(1) The final order rests on a legal ground or a factual finding which has not been proposed by any party.

(2) The crucial facts set forth in the petition:

(i) Are inconsistent with the findings of the Board.

(ii) Are such as would justify a reversal of the Board’s decision.

(iii) Could not have been presented earlier to the Board with the exercise of due diligence.

(b) A copy of the petition shall be served upon all parties simultaneously with and in the same manner as the filing of an appeal with the Board. A party wishing to file an answer may do so within 10 days of service or as ordered by the Board.

(c) Subsections (a) and (b) supersede 1 Pa. Code § 35.241 (relating to application for rehearing or reconsideration).

Comment: This provides a shorter time than the standard motions practice, since reconsideration must be granted within 30 days under Pa.R.A.P. 1701. The Board’s period for reconsideration of final orders will run contemporaneously with the 30-day right of appeal to Commonwealth Court.

The provisions of this § 1021.152 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.152 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial page (372843).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.153 Amendment of interlocutory orders.

(a) Requests to amend an interlocutory order to certify one or more issues for appeal in accordance with 42 Pa.C.S. § 702(b) (relating to interlocutory orders) shall be filed within 10 days of service of the order and shall take the form of a motion under § 1021.91 (relating to general).

(b) Motions filed under subsection (a) must be accompanied by a memorandum of law setting forth the reasons why the order involves a controlling question of law as to which there is a substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the matter.

(c) Responses to motions filed under this section shall be filed within 10 days of service of the motion and shall be consistent with § 1021.91.

(d) If the Board does not act on the motion within 30 days of it being filed, the motion shall be deemed denied.

(e) The filing of a motion under this section or the amendment of an interlocutory order containing the requested finding will not stay a proceeding unless otherwise ordered by the Board or by Commonwealth Court.

(f) Subsections (a)—(e) supersede 1 Pa. Code § 35.225 (relating to interlocutory orders).

The provisions of this § 1021.153 issued under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.153 adopted October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205.

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.161 Sanctions.

The Board may impose sanctions upon a party for failure to abide by a Board order or Board rule of practice and procedure. The sanctions may include dismissing an appeal, entering adjudication against the offending party, precluding introduction of evidence or documents not disclosed, barring the use of witnesses not disclosed, or other appropriate sanctions including those permitted under Pa.R.C.P. 4019 (relating to sanctions regarding discovery matters).

The provisions of this 1021.161 adopted September 18, 1998, effective September 19, 1998, 28 Pa.B. 4714; amended September 3, 1999, effective September 4, 1999, 29 Pa.B. 4683; amended June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085. Immediately preceding text appears at serial page (259893).

This section cited in 25 Pa. Code § 1021.31 (relating to signing); 25 Pa. Code § 1021.61 (relating to general); and 25 Pa. Code § 1021.74 (relating to answers to complaints).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.181 Scope.

This subchapter applies to requests for costs and attorney fees when authorized by statute. When a statute provides procedures inconsistent with these procedures, the statutory procedures will be followed.

The provisions of this § 1021.181 amended under section 5 of the Environmental Hearing Board Act (35 P. S. § 7515).

The provisions of this § 1021.181 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328. Immediately preceding text appears at serial pages (345932) to (345933).

This section cited in 25 Pa. Code § 1021.182 (relating to application for fees and costs).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.182 Application for fees and costs.

(a) If statutorily authorized, a party may initiate a request for fees and costs by filing a fee application with the Board. The fee application shall conform to any requirements set forth in the statute under which fees and costs are being sought and shall also conform to any requirements set forth in § § 1021.181, 1021.183, 1021.184 and 1021.191.

(b) A fee application shall be verified by the applicant, and shall set forth sufficient grounds to justify the award, including the following:

(1) A copy of the order of the Board in the proceedings in which the applicant seeks attorney fees and costs.

(2) A statement of the basis upon which the applicant claims to be entitled to attorney fees and costs, setting forth in numbered paragraphs the facts in support of the fee application and the amount of fees and costs requested. The statement must identify all legal issues upon which the applicant contends it prevailed and the degree to which the relief sought in the appeal was granted. The fee application may not be accompanied by a supporting memorandum of law unless otherwise ordered by the Board.

(3) An affidavit, or affidavits, signed by each of the applicant’s lawyers and each consultant or expert witness whose fees and costs the applicant seeks to recover, setting forth in detail all reasonable fees and costs incurred for or in connection with issues in which the party prevailed.

(4) Where attorney fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area and the experience, reputation and ability of the individual or individuals performing the services.

(5) The name of each party from whom fees and costs are sought.

(c) An applicant shall file a fee application with the Board within 30 days of the date of a final order of the Board. An applicant shall serve a copy of the fee application upon the other parties to the proceeding.

(d) The Board may deny a fee application sua sponte or require an applicant to amend its fee application within a specified time frame if the applicant fails to provide all the information required by this section in sufficient detail to enable the Board to fully evaluate the request for relief.

For the purpose of establishing the number of hours an attorney or consultant/expert witness worked under subsection (b)(4), the Board encourages the submission of records that avoid grouping multiple tasks into a single time entry.

The provisions of this § 1021.182 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)), section 307(b) of The Clean Streams Law (35 P.S. § 691.307(b)) and 27 Pa.C.S. § 7708.

The provisions of this § 1021.182 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (388248).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.183 Response to fee application.

A response to a fee application shall be filed within 30 days of service, unless a longer period of time is ordered by the Board following a fees conference under § 1021.184(c) (relating to disposition of fee application). The factual bases for the response shall be supported by affidavits signed by the parties from whom the fees and costs are sought or others with relevant knowledge. A response to a fee application shall set forth in correspondingly numbered paragraphs all factual disputes and the reason the opposing party objects to the fee application. Material facts set forth in a fee application that are not denied may be deemed admitted for the purposes of deciding the fee application.

The provisions of this § 1021.183 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)), section 307(b) of The Clean Streams Law (35 P.S. § 691.307(b)) and 27 Pa.C.S. § 7708.

The provisions of this § 1021.183 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (388248).

This section cited in 25 Pa. Code § 1021.182 (relating to application for fees and costs).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.184 Disposition of fee application.

(a) [Reserved].

(b) [Reserved].

(c) Within 7 days of the Board’s receipt of a fee application, the Board will hold a fees conference with all parties to the appeal to determine the process and deadlines for responses, briefing, discovery and evidentiary hearings, if any. Following the fees conference, the Board will issue a fees conference order establishing case management procedures for these and any other issues that the Board may address.

(d) The applicant has the burden of proving its entitlement to the recovery of fees and costs.

(e) The fee application process will be stayed if one of the parties files an appeal from the Board’s final order in the underlying appeal.

The provisions of this § 1021.184 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)), section 307(b) of The Clean Streams Law (35 P.S. § 691.307(b)) and 27 Pa.C.S. § 7708.

The provisions of this § 1021.184 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (388249).

This section cited in 25 Pa. Code § 1021.182 (relating to application for fees and costs); and 25 Pa. Code § 1021.183 (relating to response to fee application).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.191 Application for fees and costs under more than one statute.

An applicant seeking to recover fees and costs under more than one statute shall file a single fee application which sets forth, in separate counts, the basis upon which fees and costs are claimed under each statute. The fee application shall comport with the requirements in § 1021.182 (relating to application for fees and costs).

The provisions of this § 1021.191 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)), section 307(b) of The Clean Streams Law (35 P.S. § 691.307(b)) and 27 Pa.C.S. § 7708.

The provisions of this § 1021.191 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (388249).

This section cited in 25 Pa. Code § 1021.182 (relating to application for fees and costs).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.

25 Pa. Code § 1021.201 Composition of the certified record on appeal to Commonwealth Court.

(a) Unless the parties file a stipulation with the Board or the Commonwealth Court requires otherwise, the Board shall certify the record in accordance with the applicable Rules of Appellate Procedure. The record must consist of:

(1) A list of the docket entries.

(2) The notice of appeal and the Department action appealed to the Board, or, if the proceedings before the Board were initiated with a complaint, the complaint.

(b) In addition to items listed in subsection (a), for appeals of Board adjudication, the record must also include:

(1) The Board’s adjudication and order.

(2) The notes of testimony from the hearing, all exhibits admitted into evidence.

(3) The parties’ posthearing briefs, including requested findings of fact and conclusions of law.

(4) Petitions for reconsideration or to reopen the record, answers and accompanying exhibits.

(5) Other documents which formed the basis of the Board’s adjudication.

(c) In addition to items listed in subsection (a), for appeals of Board opinions and orders, the record must also include:

(1) The Board’s opinion and order.

(2) The motion or petition which was the subject of the Board’s opinion and order, together with responses, answers and replies, and accompanying exhibits.

(3) Petitions for reconsideration of the Board’s opinion and order, responses, answers and replies, and accompanying exhibits.

(4) Other documents which formed the basis of the Board’s opinion and order.

(d) For electronic filings, a paper copy of the electronic filing will be submitted to the Commonwealth Court as part of the certified record in accordance with this rule, notwithstanding the provisions of § 1021.39(c) (relating to docket) that the official copy of an electronically filed document shall be that appearing on the Board’s web site.

The provisions of this § 1021.201 amended under section 5 of the Environmental Hearing Board Act (35 P.S. § 7515).

The provisions of this § 1021.201 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended August 8, 2014, effective August 9, 2014, 44 Pa.B. 5328; amended October 6, 2017, effective October 7, 2017, 47 Pa.B. 6205. Immediately preceding text appears at serial pages (372846) to (372847).

History

• Authority: The provisions of this Chapter 1021 issued under the Environmental Hearing Board Act (35 P.
• Source: The provisions of this Chapter 1021 adopted September 8, 1995, effective September 9, 1995, 25 Pa.