Exciting enhancements are coming soon to eCode360! Learn more 🡪
Allegheny County, PA
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
A. 
Termination of operation. In the event that operation of any source of air contaminants is permanently terminated, the person responsible for such source shall so report, in writing, to the Department within 60 days of such termination.
B. 
Shutdown of control equipment.
(1) 
In the event any air pollution control equipment is shut down for reasons other than a breakdown, the person responsible for such equipment shall report, in writing, to the Department the intent to shut down such equipment at least 24 hours prior to the planned shutdown. Notwithstanding the submission of such report, the equipment shall not be shut down until the approval of the Department is obtained; provided, however, that no such report shall be required if the source(s) served by such air pollution control equipment is also shut down at all times that such equipment is shut down.
(2) 
The Department shall act on all requested shutdowns as promptly as possible. If the Department does not take action on such request within 10 calendar days of receipt of the notice required by this section, the request shall be deemed denied, and upon request, the owner or operator of the affected source shall have a right to appeal in accordance with the provisions of Article XI.
(3) 
The prior report required by this subsection shall include:
(a) 
Identification of the specific equipment to be shut down, its location and permit number (if permitted), together with an identification of the source(s) affected;
(b) 
The reasons for the shutdown;
(c) 
The expected length of time that the equipment will be out of service;
(d) 
Identification of the nature and quantity of emissions likely to occur during the shutdown;
(e) 
Measures, including extra labor and equipment, which will be taken to minimize the length of the shutdown, the amount of air contaminants emitted, or the ambient effects of the emissions;
(f) 
Measures which will be taken to shut down or curtail the affected source(s) or the reasons why it is impossible or impracticable to shut down or curtail the affected source(s) during the shutdown; and
(g) 
Such other information as may be required by the Department.
C. 
Breakdowns.
(1) 
In the event that any air pollution control equipment, process equipment, or other source of air contaminants breaks down in such manner as to have a substantial likelihood of causing the emission of air contaminants in violation of this chapter, or of causing the emission into the open air of potentially toxic or hazardous materials, the person responsible for such equipment or source shall immediately, but in no event later than 60 minutes after the commencement of the breakdown, notify the Department of such breakdown and shall, as expeditiously as possible but in no event later than seven days after the original notification, provide written notice to the Department.
(2) 
To the maximum extent possible, all oral and written notices required by this subsection shall include all pertinent facts, including:
(a) 
Identification of the specific equipment which has broken down, its location and permit number (if permitted), together with an identification of all related devices, equipment, and other sources which will be affected.
(b) 
The nature and probable cause of the breakdown.
(c) 
The expected length of time that the equipment will be inoperable or that the emissions will continue.
(d) 
Identification of the specific material(s) which are being, or are likely to be, emitted, together with a statement concerning its toxic qualities, including its qualities as an irritant, and its potential for causing illness, disability, or mortality.
(e) 
The estimated quantity of each material being, or likely to be, emitted.
(f) 
Measures, including extra labor and equipment, taken or to be taken to minimize the length of the breakdown, the amount of air contaminants emitted, or the ambient effects of the emissions, together with an implementation schedule.
(g) 
Measures being taken to shut down or curtail the affected source(s) or the reasons why it is impossible or impractical to shut down the source(s), or any part thereof, during the breakdown.
(3) 
Notices required by this subsection shall be updated, in writing, as needed to advise the Department of changes in the information contained therein. In addition, any changes concerning potentially toxic or hazardous emissions shall be reported immediately. All additional information requested by the Department shall be submitted as expeditiously as practicable.
(4) 
Unless otherwise directed by the Department, the Department shall be notified when the condition causing the breakdown is corrected or the equipment or other source is placed back in operation by no later than 9 a.m. on the next County business day. Within seven days thereafter, written notice shall be submitted pursuant to Subsection C(1) and (2) above.
(5) 
This subsection shall not apply to breakdowns of air pollution control equipment which occur during the initial startup of said equipment, provided that emissions resulting from the breakdown are of the same nature and quantity as the emissions occurring prior to startup of the air pollution control equipment.
(6) 
In no case shall the reporting of a breakdown prevent prosecution for any violation of this chapter.
D. 
Cold start. In the event of a cold start on any fuel-burning or combustion equipment, except stationary internal combustion engines and combustion turbines used by utilities to meet peak load demands, the person responsible for such equipment shall report in writing to the Department the intent to perform such cold start at least 24 hours prior to the planned cold start. Such report shall identify the equipment and fuel(s) involved and shall include the expected time and duration of the startup. Upon written application from the person responsible for fuel-burning or combustion equipment which is routinely used to meet peak load demands and which is shown by experience not to be excessively emissive during a cold start, the Department may waive the requirements of this Subsection and may instead require periodic reports listing all cold starts which occurred during the report period. The Department shall make such waiver in writing, specifying such terms and conditions as are appropriate to achieve the purposes of this chapter. Such waiver may be terminated by the Department at any time by written notice to the applicant.
E. 
Emissions inventory statements
(1) 
The owner or operator of each source, or group of sources, on contiguous or adjacent property, in the County that: has the potential to emit a total of 10 or more tons of any hazardous air pollutant; has the potential to emit a total of 25 or more tons of the sum of all hazardous air pollutants; has the potential to emit a total of 25 or more tons of any other pollutant regulated under this article, except for greenhouse gases; has actual emissions of 10 tons or more per calendar year of any pollutant addressed in this Subsection E(1); or emits or has the potential to emit at or above 80% of the major source threshold, shall, unless exempted by Subsection E(2), submit to the Department an electronic emissions inventory statement, in accordance with Subsections E(3) and (4) of this section, showing the actual emissions of all air pollutants addressed in this Subsection E(1) from such source(s) during each calendar year and all supporting and identifying information deemed necessary by the Department.
[Amended 5-5-2015 by Ord. No. 15-15]
(2) 
The emissions statements required by Subsection E(1) of this subsection shall be in such form as the Department may prescribe and that is acceptable to the EPA. The emissions statement shall fully identify all emissions and include, at a minimum:
(a) 
A detailed description of how the annual emissions were measured, derived, or calculated;
(b) 
The nature and amounts of all emissions of regulated air pollutants emitted from each emissions unit and from all associated mobile sources, including all fugitive emissions in the same manner as stack emissions;
(c) 
A detailed identification and description of all points of emissions including the specific geographical location and elevation of each emissions point;
(d) 
Actual emissions rates in tons per year (tpy);
(e) 
Types and amounts of fuels used, types and amounts of raw materials used, production rates, and operating schedules to the extent it is needed to determine annual emissions and emissions on whatever basis (e.g., daily or hourly) is required to determine compliance;
(f) 
Other identifying information required by the Department, including information related to stack heights and all other emission characteristics, including all stack or emission point parameters such as size, exit velocity, flow rate, concentration, and temperature;
(g) 
Calculations on which the information in Subsection E(2)(a) through (f) of this subsection is based; and
(h) 
A certification by the owner or operator, or an authorized representative, that the information contained in the statement is accurate and complete. For any submittal on behalf of a corporate owner or operator, the authorized representative must be either the company president, a plant manager, or such other representative as is approved in advance by the Department.
(3) 
The emission statements required by Subsection E(1) and (2) of this subsection shall be submitted to the Department by April 30, 1995, for calendar year 1994, and by March 15 of each subsequent year for the preceding calendar year. The Department may require more frequent submittals if the Department determines that more frequent submissions are required by the EPA or that analysis of the data on a more frequent basis is necessary to implement the requirements of this chapter or the Clean Air Act.
F. 
Orders. In addition to meeting the requirements of Subsections A through E above, inclusive, the person responsible for any source shall, upon order by the Department, report to the Department such information as the Department may require in order to assess the actual and potential contribution of the source to air quality. The order shall specify a reasonable time in which to make such a report.
G. 
Violations. The failure to submit any report or update thereof required by this section within the time specified, the knowing submission of false information, or the willful failure to submit a complete report shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter.
A. 
New and modified sources. No later than 60 days after achieving full production or 120 days after startup, whichever is earlier, the person responsible for any new, modified, reconstructed or reactivated source for which a permit is required by Article II of this chapter shall conduct, or cause to be conducted, such emissions tests as are specified by the Department to demonstrate compliance with all applicable requirements of this chapter and shall submit the results of such tests to the Department in writing. Upon written application setting forth all information necessary to evaluate the application, the Department may, for good cause shown, extend the time for conducting such tests beyond 120 days after startup, but shall not extend the time beyond 60 days after achieving full production. Additional tests shall be conducted at such intervals as are specified in any applicable permit condition, order, or as required by any other section of this chapter. Emissions testing conducted pursuant to this Subsection shall comply with all applicable requirements of Subsection E below.
B. 
Existing sources. On or before December 31, 1981, and at two-year intervals thereafter, any person who operates, or allows to be operated, any piece of equipment or process which has an allowable emission rate, as defined in § 505-13 of this chapter, of 100 or more tons per year of particulate matter, sulfur oxides or volatile organic compounds shall conduct, or cause to be conducted, for such equipment or process such emissions tests as are necessary to demonstrate compliance with the applicable emission limitation(s) of this chapter and shall submit the results of such tests to the Department in writing. Emissions testing conducted pursuant to this subsection shall comply with all applicable requirements of Subsection E below.
C. 
Orders. In addition to meeting the requirements of Subsections A and B above, the person responsible for any source shall, upon order by the Department, conduct, or cause to be conducted, such emissions tests as specified by the Department within such reasonable time as is specified by the Department. Test results shall be submitted in writing to the Department within 20 days after completion of the tests, unless a different period is specified in the Department's order. Emissions testing conducted pursuant to this subsection shall comply with all applicable requirements of Subsection E below.
D. 
Tests by the Department. Notwithstanding any tests conducted pursuant to Subsection A through C above, inclusive, the Department or another entity designated by the Department may conduct emissions testing on any source or air pollution control equipment. At the request of the Department, the person responsible for such source or equipment shall provide adequate sampling ports, safe sampling platforms and adequate utilities for the performance of such tests.
E. 
Testing requirements.
(1) 
No later than 45 days prior to conducting any tests required by this section, the person responsible for the affected source shall submit for the Department's approval a written test protocol explaining the intended testing plan, including any deviations from standard testing procedures, the proposed operating conditions of the source during the test, calibration data for specific test equipment and a demonstration that the tests will be conducted under the direct supervision of persons qualified by training and experience satisfactory to the Department to conduct such tests. In addition, at least 30 days prior to conducting such tests, the person responsible shall notify the Department in writing of the time(s) and date(s) on which the tests will be conducted and shall allow Department personnel to observe such tests, record data, provide preweighed filters, analyze samples in a County laboratory and to take samples for independent analysis. Test results shall be comprehensively and accurately reported in the units of measurement specified by the applicable emission limitations of this chapter.
(2) 
Test methods and procedures shall conform to the applicable reference method set forth in Article VII of this chapter, or where those methods are not applicable, to an alternative sampling and testing procedure approved by the Department consistent with the following:
(a) 
General. All tests shall be conducted while the source is operating at maximum routine operating conditions or under such other conditions as are specified by the Department. Test results shall include sufficient information to verify the conditions existing at the time of the test and the manner in which the test was conducted, including at a minimum:
[1] 
A thorough description of the source, any air pollution control equipment and the flue;
[2] 
Source operating conditions during the test, such as the charging rate of raw materials, production rate, combustion rate, boiler pressure, oven temperature, or any other conditions which may affect emissions;
[3] 
The location of the sampling ports;
[4] 
Emission characteristics, including velocity, temperature, moisture content, density, and gas composition (expressed as percent CO, CO2, N2 and the like) and static and barometric pressures at pertinent points in the system;
[5] 
Sample collection techniques used, including procedures, equipment descriptions, data to verify that isokinetic sampling techniques were used where applicable, and data to verify that test conditions are acceptable under this chapter;
[6] 
Laboratory procedures and results; and,
[7] 
Calculated results.
(b) 
Fugitive particulate matter. Test methods and procedures for fugitive particulate matter may include ambient test procedures approved by the Department which are in accordance with, or equivalent to, the test procedures set forth in Article VII of this chapter.
(c) 
Other air contaminants. Test methods and procedures for air contaminants other than those for which a test method is specified in Article VII of this chapter shall be consistent with accepted air pollution testing practices and with obtaining accurate results which are representative of the conditions evaluated. Such methods and procedures shall be clearly described in the report of test results.
F. 
Violations. The failure to perform tests as required by this section or an order of the Department issued pursuant to this section, the failure to submit test results within the time specified, the knowing submission of false information, the willful failure to submit complete results, or the refusal to allow the Department, upon presentation of a search warrant, to conduct tests, shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter.
G. 
Except as specifically otherwise provided under this chapter, regulations promulgated by the Pa. Environmental Quality Board and Dept. of Environmental Protection (DEP) under the Pa. Air Pollution Control Act as set forth, or referenced, in 25 Pa. Code Chapter 139, Subchapters B and C, are hereby incorporated, by reference, as part of this chapter. Additions, revisions, and deletions to such regulations adopted by the DEP are incorporated into this chapter and are effective on the date established by the state regulations, unless otherwise established by regulation under this chapter.
A. 
Fossil fuel-fired steam generators. The owner or operator of each fossil fuel-fired steam generator which has a rated capacity greater than 250 million BTU's per hour heat input and which has an annual average capacity factor of greater than 30% shall operate such continuous monitoring instruments as are required by 40 CFR Part 51, Appendix P, and shall comply with such maintenance, calibration, quality assurance and reporting requirements as are specified therein.
B. 
Nitrogen compound emissions.
(1) 
This subsection applies to fuel-burning or combustion equipment with a rated heat input of 250 million BTU's per hour or greater and with an annual average capacity factor of greater than 30%.
(2) 
Sources subject to this subsection shall install, operate, and maintain continuous nitrogen oxides monitoring systems and other monitoring systems to convert data to required reporting units in compliance with 25 PA Code §§ 139.101 through 139.111 relating to requirements for continuous in-stack monitoring for stationary sources, as incorporated by reference under § 505-75 of this chapter.
(3) 
Sources subject to this subsection shall submit results on a regular schedule and in a format acceptable to the Department and in compliance with 25 PA Code §§ 139.101 through 139.111.
(4) 
Continuous nitrogen oxides monitoring systems installed under the requirements of this subsection shall meet the minimum data availability requirements in 25 Pa.Code Chapter 139, Subchapter C.
(5) 
The Department may exempt a source from the requirements of Subsection B(2) of this section if the Department determines that the installation of an alternative emission monitoring and reporting system, as proposed by the source and approved by the Department, will provide oxides emission data that is representative of actual emissions of the source, and such alternative system is properly installed and operating.
C. 
Other sources. The Department may, by order or permit condition, require any source to install and operate such continuous monitoring systems, including as appropriate continuous monitoring of process parameters, as it determines are appropriate to further the purposes of this chapter. Such order or permit condition shall specify a reasonable time for the installation of the required continuous emission monitoring systems.
D. 
Reports. Unless otherwise provided under this section or § 505-75 above, the owner or operator of any source which is required to install and operate a continuous emission monitoring system by this section, or by an order or permit condition, shall retain the data collected by such system for a period of two years and shall, upon request, make such data available to the Department for inspection and copying. In addition, such person shall submit to the Department a written report of such data at three month intervals, or such other intervals as is specified by the Department in the applicable order or permit condition. Unless otherwise specified by the Department, such report shall include at a minimum:
(1) 
An identification of each instance during the reporting period during which emissions exceeded the applicable emission limitations established by this chapter and an identification of the reasons, if known, for such exceedance. The averaging period, if any, used for making such identification shall correspond to the averaging period, if any, specified in the applicable emission limitation established by this chapter.
(2) 
For opacity measurements, the report shall list the magnitude in actual percent opacity as measured at fifteen-second intervals of all one-minute periods during which opacity equalled or exceeded 20% at any such fifteen-second interval. The report need not include information for periods during which opacity equals or exceeds 20% solely because of a cold start of fuel-burning or combustion equipment, if such cold start has been reported as required by § 505-74 of this chapter. In addition, the report shall list the magnitude in actual percent opacity of any measurement that equals or exceeds sixty-percent opacity.
(3) 
An identification of each period during which the continuous emission monitoring system was inoperative, except for zero and span drift checks, the reasons therefor, and the nature of repairs or adjustments performed or to be performed.
(4) 
An identification of calibrations, zero and span drift checks, and other quality assurance procedures.
E. 
Approval by Department. No continuous emission monitoring system shall be considered to meet the requirements of this section and § 505-75 above unless such system has been approved by the Department in writing. At least 45 days prior to installing any such system, or at such other times as is specified in an applicable order or permit condition, the person responsible for the affected source shall make written application to the Department for the approval of such system, which application shall include a thorough description of the system, the location where such system will be installed, a program for periodic calibration, zero and span drift checks and other quality assurance procedures and all other information needed by the Department to evaluate such system. The Department shall make its evaluation in accordance with all relevant guidelines, including the performance specifications and other requirements of Appendix P of 40 CFR Part 51 and Appendix B of 40 CFR Part 60, including all modifications to such appendices as may hereafter be made by the EPA.
F. 
Violations. The failure to install and operate any continuous emissions monitoring system required by this section or § 505-74 above, or by an order or permit condition, the failure to retain any data or submit any report so required, or the knowing retention or reporting of false date shall be a violation of this chapter giving rise to the remedies provided by § 505-74 of this chapter.
[Amended 2-6-2007 by Ord. No. 4-07[1]]
[1]
Editor's Note: This amendment was initially adopted by the County Health Department 11-1-2006.
A. 
Whenever the Department determines, on the basis of any information available to it, that emissions from any source are significantly contributing to the degradation of air quality or to an exceedance of any ambient air quality standard established by § 505-8 of this chapter, or that such emissions may reasonably be anticipated to have an adverse impact upon the public health, safety or welfare, it may, by order or permit condition, require the owner or operator of such source to install and operate such ambient monitoring equipment as is needed to evaluate the impact of such source upon air quality. Such order or permit condition shall:
(1) 
Specify the equipment to be installed;
(2) 
Specify the location at which such equipment is to be installed, or in the alternative, require the owner or operator to determine the locations pursuant to criteria specified in the order;
(3) 
Specify a reasonable time for such installation;
(4) 
Specify reporting and data retention requirements;
(5) 
Include such other requirements as appropriate.
B. 
It shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter for any person to violate any requirement of an order or permit condition issued pursuant to this section or to knowingly retain or report false data.