Pennsylvania Reasonably Available Control Technology Requirements

January 18, 2023
Katherine L. Vaccaro, Esq.
MGKF Special Alert - Pennsylvania Forecast 2023

As we previously reported here and discussed on our podcast here, PADEP has issued its new final regulations requiring the application of Reasonably Available Control Technology (RACT) by all major sources of NOx and VOC in Pennsylvania.  The regulations are referred to as “RACT III,” because they are the third iteration of Pennsylvania’s RACT rule.  The initial compliance deadline for RACT III, December 31, 2022, was the date by which all affected sources were required to submit to the Department their initial notifications, designating each source at the facility as either subject to RACT III or qualifying for a regulatory exemption.  For non-exempt sources, the initial notification also needs to specify how the source will demonstrate compliance with the regulation – i.e., by meeting the applicable presumptive standards or seeking a source-specific determination of what constitutes RACT.  Requests for such source-specific determinations, which are commonly referred to as “case-by-case proposals,” were due by January 1, 2023. 

Although the first compliance dates are already passed, the exceptionally short period between the promulgation of RACT III in mid-November 2022 and the initial compliance deadline less than two months later does not appear to be lost on PADEP, as key program staff from Central Office have signaled, albeit informally, a seeming recognition that enforcement discretion may be necessary for delayed compliance.  Still, facilities subject to RACT III should act fast to make the required submittals if they haven’t done so already.  Please take a look at the links above for additional details on RACT III’s presumptive standards, case-by-case proposals, including PADEP’s “streamlined” option for certain sources subject to RACT II, emissions averaging for NOx, and other information.