25 Pa. Code § 123.11 – Combustion units.

PARTICULATE MATTER EMISSIONS

(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. (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. (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. (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.

Source

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.

Notes of Decisions

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).

Cross References

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).