A.
General. No person shall operate, or allow to be operated, any source except those specifically excluded by Subsection B below in such manner that the opacity of visible emissions from a flue or process fugitive emissions from such source, excluding uncombined water:
C.
Alternative standards for fugitive emissions.
(1)
With respect to fugitive emissions only, the Department may establish an alternative standard(s) to those standards set forth in Subsection A above for a particular source if:
(a)
Fugitive emission control equipment has been
installed and placed into operation on such source and/or other enforceable
fugitive emission control techniques have been implemented on such
source;
(b)
The Department determines that the control equipment
and/or other techniques installed or implemented on such source represent
RACT as applied to the particular source involved; and,
(c)
The person responsible for such source demonstrates
that the fugitive emissions remaining after the application of such
control equipment or other techniques are of only minor significance
with respect to causing air pollution and do not prevent or interfere
with the attainment or maintenance of any ambient air quality standard.
(2)
The person responsible for such source shall make
written application to the Department and shall, at its own expense,
provide all data and other information which is needed by the Department
to make the determinations set forth above and to establish an alternative
opacity standard(s).
(3)
Any alternative standard(s) established pursuant to
this subsection shall require the continued operation and/or implementation
of that control equipment or other techniques on which the above determinations
are based and shall require compliance with an opacity standard which
represents the optimum performance of such control equipment and/or
other techniques. Any such alternative standard(s) shall apply only
to the particular source for which the above determinations were made.
(4)
Any alternative standard(s) established pursuant to this subsection shall be proposed as an amendment to this chapter. Upon the adoption of any such amendment, the affected source shall thereafter comply with the alternative standard(s) so established and shall be relieved of the duty to comply with the provisions of Subsection A above with respect to fugitive emissions. The Department shall submit any such amendment as a proposed revision to Allegheny County's portion of the SIP.
D.
Measurements. Measurements of visible emissions shall be performed according to the procedures established by § 505-68 of this chapter.
E.
Enforcement. Notwithstanding any other provision of this chapter the prohibitions of Subsection A of this section may be enforced against the owner or operator of any source at a single-family residence or multiple-dwelling unit of no more than two dwelling units by any municipal or local government unit having jurisdiction over the place where the visible emissions occur. Such enforcement shall be in accordance with the laws governing such municipal or local government unit. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violation of this section.
[Amended 8-15-1997]
A.
Fuel-burning or combustion equipment.
(1)
No person shall operate, or allow to be operated,
any fuel-burning or combustion equipment, where the actual heat input
to such equipment is greater than 0.50 million BTU's per hour, in
such manner that emissions of particulate matter exceed the following
rates at any time:
(a)
Where natural gas, grade number 2 fuel oil,
coke oven gas, or blast furnace gas is used:
|
Maximum Allowable Pounds Per Million BTU's
of Actual Heat Input
| ||||
|---|---|---|---|---|
|
Type of Fuel-Burning or Combustion Equipment
| ||||
|
Type of Fuel Being Burned or Combusted
|
Combustion Turbines
|
Reciprocating Combustion Engines
|
All Other Equipment
| |
|
Natural Gas
|
0.015
|
0.012
|
0.008
| |
|
Grade Number 2 Fuel Oil
|
0.04
|
0.28
|
0.015
| |
|
Coke Oven Gas
|
*
|
*
|
0.02
| |
|
Blast Furnace Gas
|
*
|
*
|
0.05
| |
|
Notes:
| |
|---|---|
|
* See Subsection A(1)(c) below.
|
(b)
Where a single fuel is used other than as provided for in Subsection A(1)(a) above:
[1]
Where the actual heat input to such equipment
is greater than 0.50 million BTU's per hour but less than 50 million
BTU's per hour, the rate of 0.40 pounds per million BTU's of actual
heat input;
[2]
Where the actual heat input to such equipment
is equal to or greater than 50 million BTU's per hour, but less than
850 million BTU's per hour, the rate determined by the formula:
|
A=3.5E-0.56
|
where
|
A
E
|
=
=
|
allowable emissions in pounds per million BTU
of actual heat input, and
actual heat input to such equipment in millions
of BTU's per hour; or
|
[3]
Where the actual heat input to such equipment
is equal to or greater than 850 million BTU's per hour, the rate of
0.080 pounds per million BTU's of actual heat input;
(c)
Where the equipment is fired with two or more
types of fuel, the rate determined by the formula:
|
A = Σxiai
|
where
|
A
|
=
|
allowable emissions in pounds per million BTU's
of actual heat input
|
|---|---|---|---|---|
|
i
|
=
|
fuel type (i.e., natural gas, Grade Number 2
fuel oil, Grade Number 6 fuel oil, coke oven gas, blast furnace gas,
or other)
| ||
|
xi
|
=
|
fraction of total actual heat input in BTU's
provided by fuel type i
| ||
|
ai
|
=
|
(d)
Notwithstanding the provisions of Subsection A(1)(a), (b) and (c) of this section, and except as provided for in Subsection A(1)(e) of this section, and except for fuel emergencies of limited duration with prior Department approval, no person shall operate, or allow to be operated, any of the following specific fuel-burning or combustion equipment in such manner that emissions of particulate matter exceed the following rates at any time, regardless of the type of fuel used:
|
Specific Fuel-Burning
or Combustion Equipment
|
Maximum Allowable Pounds Per Million BTU's
of Actual Heat Input
| ||
|---|---|---|---|
|
Source Name
|
Location
| ||
|
Coke Works Boiler #1
|
USX Corp. Clairton, PA
|
0.02
| |
|
#13 Benzene Boiler
|
USX Corp. Clairton, PA
|
0.02
| |
|
# 14 Benzene Boiler
|
USX Corp. Clairton, PA
|
0.02
| |
|
R-1 (Benzene) Steam Boiler
|
USX Corp. Clairton, PA
|
0.02
| |
|
R-2 (Benzene) Steam Boiler
|
USX Corp. Clairton, PA
|
0.02
| |
|
T1 (Benzene) Boiler
|
USX Corp. Clairton PA,
|
0.02
| |
|
T2 (Benzene) Boiler
|
USX Corp. Clairton, PA
|
0.02
| |
|
Riley Boilers (each)
|
LTV Steel Co., Pgh, PA
|
0.02
| |
|
Keeler Boilers (each)
|
LTV Steel Co., Pgh, PA
|
0.02
| |
(e)
Notwithstanding the provisions of Subsection A(1)(a), (b) and (c), and as an alternative to Subsection A(1)(d) of this section and except for fuel emergencies of limited duration with prior Department approval, no person shall operate, or allow to be operated, any of the following specific fuel-burning or combustion equipment in such manner, or at any time, that emissions from such equipment, or any other of the following equipment, exceed the following rates at any time for the pollutant indicated, regardless of the type of fuel used:
|
Specific Fuel-Burning
or Combustion Equipment
|
Maximum Allowable Pounds Per Million BTU's
of Actual Heat Input
| ||
|---|---|---|---|
|
Source Name
|
Location
| ||
|
# 13 Benzene Boiler matter
|
USX Corp. Clairton, PA
|
0.00 * particulate
| |
|
# 14 Benzene Boiler matter
|
USX Corp. Clairton, PA
|
0.00 * particulate
| |
|
TI (Benzene) Boiler
|
USX Corp. Clairton, PA
|
0.120 PM-10
| |
|
T2 (Benzene) Boiler
|
USX Corp. Clairton, PA
|
0.120 PM-10
| |
|
Coke Works Boiler # 2
|
USX Corp. Clairton, PA
|
0.02 particulate matter
| |
|
Coke Works Boiler #1
|
USX Corp. Clairton, PA
|
0.02 particulate matter
| |
|
Notes:
* 0.00 maximum indicates that these boilers
shall not be operating.
|
(2)
Aggregation.
(a)
For purpose of this Subsection A only, if one or more fuel-burning or combustion emissions units are vented into a common flue, such emissions units shall be considered one emissions unit and allowable emissions shall be determined on the basis of total heat input to all emissions units vented to such common flue.
(b)
For any emissions unit that bums or combusts coal, that is subject to Paragraph A(1)(c) of this section, that is not located in a nonattainment area of the County for PM-10, that has a rated heat input greater than 50 million BTU's per hour, and that would comply with the emission standards under Subsection A(1)(b) of this section notwithstanding the firing of the emissions unit with other fuel in addition to the coal, the Department may, upon written application from the person responsible for such emissions unit, determine compliance with this subsection on the basis of the emission standards under Subsection A(1)(b) of this section, notwithstanding the firing of the emissions unit with other fuel in addition to the coal, provided that the applicant demonstrates to the Department's satisfaction that such allowed emissions will not cause a significant air quality impact on any nonattainment area of the County for PM-10. Such determination of the Department shall not be effective until it is either approved by the EPA or included in a federally enforceable permit or order, whichever is first.
B.
Processes in general.
(1)
No person shall operate, or allow to be operated, any process except those processes listed in Subsections C, D, E, F, G, or H below and those processes for which a source standard is established under Article V of this chapter in such manner that emissions of particulate matter from such process exceed seven pounds in any sixty-minute period or 100 pounds in any twenty-four-hour period, except that no person subject to the requirements of this Subsection B shall be required to reduce emissions to a greater degree than 99%.
(2)
This subsection shall apply to the sum of all stack emissions from such process, including all emissions from any air pollution control device outlet(s) associated with such process. All fugitive emissions from such process shall be included in the sum of all stack emissions for purposes of this subsection unless the stack emissions can be accurately measured and all fugitive emissions do not exceed the standards established by § 505-30 of this chapter or any alternative standard(s) established for such source pursuant to § 505-30 of this chapter.
C.
Specific processes.
(2)
This subsection shall apply to the sum of all stack emissions from such process, including all emissions from any air pollution control device outlet(s) associated with such process. All fugitive emissions from such process shall be included in the sum of all stack emissions for purposes of this subsection unless the stack emissions can be accurately measured and all fugitive emissions do not exceed the standards established by § 505-30 of this chapter or any alternative standard(s) established for such source pursuant to § 505-30 of this chapter.
|
A = 0.76E+0.42
|
where
|
A
|
=
|
allowable emissions in pounds per hour, and
|
|---|---|---|---|---|
|
E
|
=
|
emission index of (F) x (W) pounds per hour,
| ||
|
where
|
F
|
=
|
process factor in pounds per unit as listed
below, and
| |
|
W
|
=
|
production or charging rate in units per hour,
and
| ||
|
The units for F and W shall be compatible.
|
(a)
Carbon black manufacturing: F = 500 pounds per
ton of product.
(b)
Charcoal manufacturing: F = 400 pounds per ton
of product.
(c)
Crushing, grinding or screening: F = 20 pounds
per ton of feed.
(d)
Paint manufacturing: F = 0.050 pound per ton
of pigment handled.
(e)
Phosphoric acid manufacturing: F = 6 pounds
per ton of phosphorous burned.
(f)
Detergent drying: F = 30 pounds per ton of product.
(g)
Ammonium nitrate manufacturing prilling tower
or other granulator: F = 0.10 pound per ton of product.
(h)
Ferroalloy production furnace: F = 0.30 pound
per ton of product.
(m)
Brass and bronze production melting and refining:
F = 20 pounds per ton of product.
(o)
Secondary lead melting: F = 0.50 pound per ton
of product.
(p)
Secondary magnesium melting: F = 0.20 pound
per ton of product.
(r)
Asphaltic concrete production: F = 6 pounds
per ton of aggregate feed.
(s)
Asphalt roofing manufacturing felt saturation:
F = 0.60 pound per ton of asphalt used.
(u)
Coal drying: F = 2 pounds per ton of product.
(v)
Coal dry leaning: F = 2 pounds per ton of product.
(w)
Lime calcining: F = 200 pounds per ton of product.
(x)
Glass production furnace: F = 50 pounds per
ton of fill.
D.
Specific process sources.
(1)
No person shall operate, or allow to be operated,
any process listed below in such manner that emissions of PM-10 from
such process exceed at any time the applicable rate set forth below.
(2)
This subsection shall apply to the sum of all stack emissions from such process including all emissions from any air pollution control device outlet(s) associated with such process. All fugitive emissions from such process shall be included in the sum of all stack emissions for purposes of this Subsection unless the stack emissions can be accurately measured and all fugitive emissions do not exceed the standards established by § 505-30 of this chapter or any alternative standard(s) established for such source pursuant to § 505-30 of this chapter.
|
Specific Process Source
|
Maximum Allowable Emission Rate
| ||
|---|---|---|---|
|
Source Name
|
Location
|
Permit Number
| |
|
Anneal. Fce Bases 801-856 each
|
USX Co. W. Mifflin PA
|
(to be assigned)
|
0.011 lbs/ton of steel
|
|
Primary Flash Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.07 lbs/hour
|
|
Secondary Flash Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.07 lbs/hour
|
|
2T3 Heater Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.04 lbs/hour
|
|
2T4 Heater Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.03 lbs/hour
|
|
1T2 Heater Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.05 lbs/hour
|
|
1T4Heater
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.01 lbs/hour
|
|
Hot Oil Heater
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.02 lbs/hour
|
|
2T1 Heater Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.02 lbs/hour
|
|
# 1 Primary Reboiler
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.07 lbs/hour
|
|
Naphthalene Hot Oil Heater
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.27 lbs/hour
|
|
Naphthalene Reactor Heater
|
Aristech, Clairton, PA
|
7035775-001-25703
|
0.05 lbs/hour
|
E.
Specific controlled process sources.
[Amended 8-15-1997]
(1)
On and after December, 1, 1994, no person shall operate,
or allow to be operated, any process listed below unless there is
installed on such process an emission control device, nor shall any
person operate, or allow to be operated, any process listed below
in such manner that emissions of PM-10 from such process exceed at
any time the applicable rate set forth below for a volume source for
ambient air quality impact dispersion modeling purposes, or if the
required emission control device results in the process becoming a
point source for ambient air quality impact dispersion modeling purposes,
a rate which results in no more adverse ambient air quality impact
than the applicable rate set forth below for a volume source.
(2)
This subsection shall apply to the sum of all stack emissions from such process including all emissions from any air pollution control device outlet(s) associated with such process. All fugitive emissions from such process shall be included in the sum of all stack emissions for purposes of this subsection unless the stack emissions can be accurately measured and all fugitive emissions do not exceed the standards established by § 505-30 of this chapter or any alternative standard(s) established for such source pursuant to § 505-30 of this chapter.
|
Specific Process Source
|
Volume Source Maximum Allowable Emission
Rate
(grains/ton of coal)
| ||
|---|---|---|---|
|
Source Name
|
Location
| ||
|
#1 Primary Coal Pulverizer
|
USX Corp. Clairton, PA
|
5.17
| |
|
#1 Second. Coal Pulverizer
|
USX Corp. Clairton, PA
|
11.86
| |
|
#2 Primary Coal Pulverizer
|
USX Corp. Clairton, PA
|
8.26
| |
|
#2 Second. Coal Pulverizer
|
USX Corp. Clairton, PA
|
11.02
| |
(3)
No later than December 31, 1996, USX shall install
a direct feed chute and distribution plough at the #2 secondary pulverizer,
enclose all coal feed chutes, and install on 1A to 1 B belts deflector
plates, hoppers, and chutes. On and after December 31,1996, USX shall
use dust suppressant (e.g., chemical, oil, or water suppressant to
minimize emissions) on coal prior to entry into any pulverizer.
F.
No person shall operate, or allow to be operated, the Coke Screening #3 process at the USX Corporation facility in Clairton, PA, {permit number to be assigned}, unless there is installed on such process an emission control device, nor shall any person operate, or allow to be operated, such process in such manner that emissions of PM-10 from such process exceed 1.26 pounds per hour at any time. This subsection shall apply to the sum of all stack emissions from such process, including all emissions from any air pollution control device outlet(s) associated with such process. All fugitive emissions from such process shall be included in the sum of all stack emissions for purposes of this subsection unless the stack emissions can be accurately measured and all fugitive emissions do not exceed the standards established by § 505-30 of this chapter or any alternative standard(s) established for such source pursuant to § 505-30 of this chapter.
[Amended 3-4-2008 by Ord. No. 9-08]
G.
No person shall operate, or allow to be operated,
either the Coke Screening # 1 or Coke Screening #2 process at the
USX Corporation facility in Clairton, PA, unless such process, at
a minimum, is located and maintained within the enclosure in existence
as of February 1, 1994.
[Amended 8-15-1997]
H.
No person shall operate, or allow to be operated,
any of the Water Cooling Tower processes at the USX Corporation facility
in Clairton, PA, unless the water used for such cooling is equivalent
to, or better than, the water quality standards established for the
Monongahela River by regulations promulgated by the DEP under the
Pennsylvania Clean Streams Law, Act of June 22, 1937, P.L. 1987, as
amended, 35 P.S. 691.1 et seq., except that water from the Monongahela
River may be used for such cooling. No person shall operate, or allow
to be operated, the Keystone cooling tower at the USX Corporation
facility at Clairton, PA unless there is installed a mist eliminator.
[Amended 8-15-1997]
A.
Fuel-burning or combustion equipment. No person shall
operate, or allow to be operated, any fuel-burning or combustion equipment
in such manner that emissions of sulfur oxides, expressed as sulfur
dioxide, exceed the following rates at any time:
(1)
Where the actual heat input to such equipment is greater
than 0.50 million BTU's per hour but less than 50 million BTU's per
hour, the rate of 1.0 pound per million BTU's of actual heat input;
(2)
Where the actual heat input to such equipment is equal
to or greater than 50 million BTU's per hour, but less than 2000 million
BTU's per hour, the rate determined by the formula:
|
A = 1.7E-0.14
|
where
|
A
|
=
|
allowable emissions in pounds per million BTU's
of actual heat input, and
|
|---|---|---|---|---|
|
E
|
=
|
actual heat input in millions of BTU's per hour;
|
(3)
Where the actual heat input to such equipment is equal
to or greater than 2000 million BTU's per hour, but less than 5000
million BTU's per hour, the rate of 0.60 pounds per million BTU or
actual heat input; or
(4)
Where the rated heat input to existing fuel-burning
or combustion equipment is equal to or greater than 5000 million BTU's
per hour, the rate of 2.80 pounds per million BTU of actual heat input.
B.
Aggregation.
(1)
For purpose of Subsection A above only, if one or more fuel-burning or combustion emissions units are vented into a common flue, such emissions units shall be considered one emissions unit and allowable emissions shall be determined on the basis of total heat input to all emissions units vented to such common flue.
(2)
For any single boiler house having two or more boilers with a combined rated heat input no greater than 50 million BTU's per hour, whose combined emissions would comply with the emission standards of this section if they were vented into a common flue, the Department may, upon written application from the person responsible for such boiler house, determine compliance with this section on the basis of the total emissions from and total heat input to all such boilers, provided that the applicant demonstrates that such actions will not prevent the attainment or maintenance of any ambient air quality standard established by § 505-8 of this chapter or interfere with reasonable further progress toward the attainment of the NAAQS's.
C.
Processes. No person shall operate, or allow to be operated, any process, except for miscellaneous sulfur-emitting processes for which there is an emissions standard under Article V of this chapter, in such manner that the concentration of sulfur oxides, expressed as sulfur dioxide, in the effluent gas exceeds 500 ppm (dry basis) at any time.
D.
Incinerators. No person shall operate, or allow to
be operated, any incinerator in such manner that the concentration
of sulfur oxides, expressed as sulfur dioxide, in the effluent gas
exceeds 500 ppm (dry basis) at any time.
A.
General. No person shall operate, or allow to be operated,
any source in such manner that emissions of malodorous matter from
such source are perceptible beyond the property line of such source.
B.
Specific sources. No person shall operate, or allow
to be operated, any source listed below unless there is installed
and in operation on such source an incinerator with a residence time
of at least 0.50 second at a temperature of at least 1,400° F
for putrescible and non-chemical materials or a temperature of at
least 250° F above the auto-ignition temperature of any chemical
refuse, or such other emissions control system as is approved in writing
by the Department as equivalent to an incinerator in terms of odor
control.
(1)
Rendering cookers.
(2)
Animal blood dryers.
(3)
Asphalt oxidation.
(4)
Asphalt roofing manufacturing.
(5)
Brake shoe debonding.
(6)
Core ovens.
(7)
Varnish cookers.
(8)
Paint drying or baking ovens.
(9)
Meat smokehouses other than those in single-family
houses.
(10)
Coffee roasting.
(11)
Fabric-backing and fabric-coating baking ovens.
(12)
Ovens for curing of binders in mineral wool
production.
(13)
Tear gas manufacture.
(14)
Sources of hydrogen sulfide or mercaptans, except
coke batteries.
C.
Measurements. Measurements of odor emissions shall be performed according to the procedures established by § 505-70 of this chapter. Measurements of incinerator temperature shall be performed according to the procedures established by § 505-63 of this chapter. Measurements pertaining to an equivalent emissions control system installed pursuant to Subsection B above shall be performed according to the applicable procedures established by Article VII of this chapter, or if no such procedures are applicable, pursuant to other procedures specified by the Department.
D.
Enforcement. Notwithstanding any other provision of this chapter the prohibitions of Subsection A of this section may be enforced against the owner or operator of any source at a single-family residence or multiple-dwelling unit of no more than two dwelling units by any municipal or local government unit having jurisdiction over the place where the emissions of malodorous matter occur. For purposes of this subsection, malodorous means the property of an odor which causes annoyance or discomfort to the public and which a designated representative of such municipal or local government unit determines to be objectionable to the public. Such enforcement shall be in accordance with the laws governing such municipal or local government unit. In addition, the Department may pursue the remedies provided by § 505-79 of this chapter for any violation of this section.
In addition to meeting the other requirements
of this chapter, no person shall conduct, or allow to be conducted,
any materials handling operation in such manner that emissions from
such operation are visible at or beyond the property line of the affected
source.
The violation of any emission standard established by this article shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter.
The degree of emission limitation required of
any source for purposes of demonstrating compliance with a NAAQS shall
not be affected by that portion of any stack height that exceeds Good
Engineering Practice (GEP) or any other dispersion techniques as defined
by federal regulations at 40 C.F.R 51.100, 51.110, and Subpart I.
A.
Incorporation by reference. All NESHAP's; MACT emission limitations for hazardous air pollutants; generally achievable control technology (GACT) emission limitations; general provisions for hazardous air pollutants; and regulations for the determination of emission limitations by the Department under Subsection H(1) below, established at 40 CFR Parts 61 and 63 by the EPA in accordance with Section 112 of the Clean Air Act, all other federal regulations promulgated under Section 112, including accidental release prevention regulations under Section 112(r), and any state hazardous air pollutant emission or performance standards regulations promulgated under Section 6.6. of the Air Pollution Control Act are hereby incorporated by reference into this chapter. For the purposes of this section all of the definitions adopted by the federal regulations in this subsection are hereby incorporated by reference, including those of source and major source. Additions, revisions, or deletions to these federal and state regulations promulgated by the EPA and the commonwealth, respectively, are incorporated into this chapter and are effective on the date established by the applicable federal or state regulations, unless otherwise established by regulation under this chapter.
[Amended 3-31-1998]
B.
Violations. It shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter for any person to operate, or allow to be operated, any source in a manner that does not comply with this chapter; all requirements of any applicable NESHAP's, MACT emission limitation for hazardous air pollutants, generally achievable control technology (GACT) emission limitation for hazardous air pollutants, or accidental release prevention regulations incorporated by reference under Subsection a above, except if such person is lawfully temporarily relieved of the duty to comply with such requirements; and all applicable state hazardous air pollutant emission and performance standards regulations incorporated by reference under Subsection Aabove.
C.
Reporting requirements. Any person who operates, or allows to be operated, any source subject to any standard or limitation incorporated by reference under Subsection A above shall conduct, or cause to be conducted, such tests, measurements, monitoring and the like as is required by such standard or limitation. All notices, reports, test results and the like as are required by such standard or limitation shall be submitted to the Department in the manner and time specified by such standard or limitation. All information, data and the like which is required to be maintained by such standard or limitation shall be made available to the Department upon request for inspection and copying.
D.
New and reconstructed sources. No person shall operate,
or allow to be operated, a major source of hazardous air pollutants
that has been constructed or reconstructed since the effective date
of this chapter unless such source complies with the applicable MACT
emission limitation under this section for new sources. Where no applicable
emissions limitations have been established by the Administrator,
the Commonwealth, or the Department by the date established pursuant
to the Clean Air Act, such a limitation shall be established by the
Department on a case-by-case basis prior to the issuance of the installation
permit for any such construction or reconstruction.
E.
Existing sources.
(1)
No person shall operate, or allow to be operated, a source of hazardous air pollutants subject to any MACT emissions standard, limitation, or regulation under this section in violation of such standard, limitation, or regulation except, in the case of an existing source, compliance shall be achieved by no later than the compliance date or dates for the category or subcategory of such existing source established by the Administrator, or three years after the effective date of such standard, whichever is sooner, except as provided in Subsection E(2) and Subsections F and G of this section.
(2)
If approved by the Department pursuant to an operating
permit issued under this chapter:
(a)
An existing source shall have an extension to the compliance deadline under Subsection E(1) of this section permitting such existing source up to one additional year to comply with the applicable standards under this section but only if such additional period is necessary for the installation of controls; and
(b)
An existing mining waste operation shall have an additional extension to the compliance deadline under Subsection E(1) of this section of no more than three years to comply with the applicable standards under this section but only if the otherwise applicable compliance time is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant.
F.
Early reduction.
(1)
If expressly set forth in an operating permit issued
under this chapter, any person who operates, or allows to be operated,
an existing source of hazardous air pollutants who has demonstrated
that the source has achieved a reduction of 90% or more in emissions
of hazardous air pollutants, and 95% in the case of hazardous air
pollutants which are particulates, from the source, shall comply with
an alternative emission limitation at such source. Such alternative
emission limitation shall reflect such reduction in lieu of an applicable
emission limitation under this section for a period of six years from
the compliance date under this section for the otherwise applicable
standard, provided that such reduction was achieved before the otherwise
applicable standard under this section is first proposed.
(2)
The reduction under this subsection shall be determined
with respect to verifiable and actual emissions in a base year not
earlier than calendar year 1987, provided that there is no evidence
that emissions in the base year are artificially or substantially
greater than emissions in other years prior to implementation of emissions
reduction measures.
(3)
An alternative emission limitation under this subsection
shall not be available with respect to health risk based standards
or requirements promulgated by the Administrator.
(4)
The use of offsetting reductions in emissions of other
hazardous air pollutants from a source as counting toward the ninety-percent
reduction in certain high-risk hazardous air pollutants, as defined
by the Administrator, qualifying for an alternative emissions limitation
under this subsection shall be limited by any applicable federal regulations
promulgated for such purpose.
G.
Other reductions. Notwithstanding the requirements
of this section, no existing source that has installed:
(1)
BACT; or
(2)
Technology required to meet LAER, prior to the promulgation
of a standard under this section applicable to such source and the
same pollutant (or stream of pollutants) shall be required to comply
with such standard under this section until the date five years after
the date on which such installation or reduction has been achieved
as determined by the Department, EPA, or DEP.
H.
Absence of EPA-promulgated MACT standard.
(1)
In the event that the Administrator fails to promulgate
a standard for a category or subcategory of major sources of hazardous
air pollutants by the date established pursuant to the Clean Air Act,
by no later than 18 months after such date, any person who operates,
or allows to be operated, any major source in such category or subcategory
shall apply for the issuance or amendment of an operating permit reflecting
appropriate applicable operating permit emission limitations and thereafter
comply with the applicable operating permit emission limitations.
Such operating permit emission limitations shall be for the hazardous
air pollutants subject to regulation under this section and emitted
by the source that the Department determines, on a case-by-case basis,
to be equivalent to the limitation that would apply to such source
if an emission standard had been promulgated in a timely manner by
the Administrator.
(2)
In lieu of compliance with Subsection H(1) of this section, if the applicable criteria are met, any person who operates, or allows to be operated, the major source in such category or subcategory shall comply with the applicable operating permit emissions limitation established according to the provisions of Subsection F of this section. For purposes of the preceding sentence, the emission reduction required by this section shall be achieved by the date on which the relevant standard should have been promulgated by the Administrator. No such pollutant may be emitted in amounts exceeding an emission limitation contained in a permit immediately for new sources and, as expeditiously as practicable, but not later than the date three years after the permit is issued for existing sources or such other compliance date as would apply under this section.
(3)
If the Administrator promulgates an emission standard
that is applicable to a major source prior to the date on which a
permit is issued, any person who operates, or allows to be operated,
such major source shall comply with the emission limitation in the
permit which shall reflect the promulgated standard rather than the
emission limitation otherwise determined pursuant to this section,
provided that the source shall have the compliance period provided
under this section. If the Administrator promulgates a standard that
would be applicable to a source in lieu of the emission limitation
established by permit under this section after the date on which the
permit has been issued, any person who operates, or allows to be operated,
such major source, upon the next renewal of the permit, shall comply
with the emission limitation revised by the Department to reflect
the standard promulgated by the Administrator providing such source
a reasonable time to comply, but no longer than eight years after
such standard is promulgated or eight years after the date on which
the source is first required to comply with the emissions limitation
established by permit, whichever is earlier.
[Added 5-22-2013 by Ord. No. 15-13]
A.
Applicability. Beginning on May 22, 2013, 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 Allegheny County.
(2)
A person who installs an outdoor wood-fired boiler in Allegheny
County.
(3)
A person who purchases, receives, leases, owns, or uses an outdoor
wood-fired boiler in Allegheny County.
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 County 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 the Commonwealth of Pennsylvania.
C.
Phase 2 outdoor wood-fired boilers. 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 County 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 County 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 County unless the boiler is installed a minimum of 150 feet from
the nearest property line, except that where a new Phase 2 outdoor
wood-fired boiler replaces an existing non-Phase 2 unit, the minimum
setback required shall be 50 feet.
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 County unless the boiler has a permanently attached
stack. The stack must meet all of the following requirements:
F.
Allowed fuels. A person that owns, leases, uses or operates an outdoor
wood-fired boiler in this County shall use only one or more of the
following fuels:
G.
Prohibited fuels. A person who owns, leases, uses or operates an outdoor wood-fired boiler in this County may not burn a fuel or material in that outdoor wood-fired boiler other than those fuels listed under Subsection F.
H.
Use restrictions on Air Quality Action Days. No person shall operate,
or allow to be operated, any new or existing outdoor wood-fired boiler
on an Air Quality Action Day in this County, unless the OWB is the
primary residential heating source.
I.
Applicable laws and regulatory requirements. A person may not use
or operate an outdoor wood-fired boiler in this County unless it complies
with applicable PA commonwealth, County and local laws and regulations
adopted thereunder, including the following sections:
J.
Written notice and recordkeeping. At the execution of the commercial
sale or lease in this County of a new or used Phase 2 outdoor wood-fired
boiler, the distributor, seller or lessor shall:
(1)
Provide the buyer or lessee with a copy of this section; and
(2)
Record the make, model name/number, and date of manufacture
of the outdoor wood-fired boiler sold or leased, the name and address
of the buyer or lessee, as well as the address of the location where
the unit will be installed, if different from that of the buyer or
lessee, and submit this information to the Department no later than
30 days after the end of the calendar year in which the sale or lease
occurred.
