Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart C - Protection of Natural Resources
Article III - Air Resources
Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES
Subchapter F - OPERATING PERMIT REQUIREMENTS
OPERATING PERMIT CONDITIONS
Section 127.449 - De minimis emission increases
Current through Register Vol. 55, No. 13, March 29, 2025
(a) The Department may allow, as a condition of an operating permit, de minimis emission increases from a new or existing source up to the amounts authorized in this section.
(b) A de minimis increase may not occur at a facility if it would do one or more of the following:
(c) The permittee shall provide the Department with 7 days prior written notice of any de minimis emission increase. The notice shall identify and describe the pollutants that will be emitted as a result of the de minimis emissions increase and provide emission rates in tons/year and in terms necessary to establish compliance consistent with any applicable requirement. The Department may disapprove or condition the de minimis emission increase at any time.
(d) Except as provided in subsection (e), the maximum de minimis emission rate increases, as measured in tons/year, that may be authorized in the permit during the term of the permit are one or more of the following:
(e) The Department may allow, as a condition of an operating permit, installation of the following minor sources:
(f) Unless precluded by the Clean Air Act or the regulations thereunder, the permit shield described in § 127.516 (relating to permit shield) shall extend to changes made under this section.
(g) Emissions authorized under this section shall be included in the monitoring, recordkeeping and reporting requirements of the source.
(h) De minimis emission threshold levels cannot be met by offsetting emission increases or the emission decreases at the same source.
(i) The Department will maintain a list of de minimis increases authorized by this section in the permit file for the facility and shall publish a list of the de minimis increases in the Pennsylvania Bulletin within 60 days of the receipt of notice for the source.
This section cited in 25 Pa. Code § 127.3 (relating to operational flexibility); and 25 Pa. Code § 127.14 (relating to exemptions).