PENNSYLVANIA

AIR QUALITY PERMIT STREAMLINING

25 Pa. Code Chapter 127, Subchapter B

37 Pa.B. 1317 (March 24, 2007)

Environmental Quality Board Regulation #7-408

(IRRC #2598)

Comment/Response Document

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pe

od closed on May 

5, 

Three public hearings were held on the proposed rulemaking as follow:

April 24, 2007 Department of Environmental Protection

Southwest Regional Office

Waterfront A & B Conference Room

400 Waterfront DrivePittsburgh, PA 15222

April 24, 2007 Department ofEnvironmental Protection

Rachel Carson State Office BuildingRoom 105400 Market StreetHarrisburg, PA 17105

April 24, 2007 Department ofEnvironmental Protection

Southeast Regional Office

Delaware Room

2 East Main Street

Norristown, PA 19401

This document summarizes the testimony received at the public hearings and the written

comments received from the public during the public comment period. Each publiccomment is provided with the identifying commentator number for each commentator

that made that comment. A list ofthe commentators including name, affiliation (if any),

and location can be found at the beginning ofthis document. In addition, the commentsreceived from the Senate Environmental Resources and Energy Committee and theIndependent Regulatory Review Commission are summarized and responses provided.

The Environmental Quality Board invited each commentator to prepare a one-page

summary of his or her comments. One one-page summary was submitted for this

rulemaking.

2
page Summary Rulemaking

for distribution Provided following EQB

ID Name/Address to EQB Testimony Action

1. Michael Goldman

Watsontown, PA 17777

2. Pamela F. Faggert

Dominion Resources Services Inc

Glen Allen, VA 23060

3. Jeff A. McNelly

ARIPPA

CampHill,PA 17011

4. Elizabeth H. McMeekin

PPG Industries Inc

Allison Park, PA 15 101-2009

5. Charles McPhedran

Citizens for Pennsylvania’s Future

Philadelphia, PA 19102

6. Kevin M. Stewart

American Lung Association of

PennsylvaniaLancaster, PA 17603

7. Michael A. Parker

Group Against Smog and Pollution, Inc.

Pittsburgh, PA 15217

8. Joseph Otis Miott

Clean Air CouncilPhiladelphia, PA 19103

9. Nathan Willcox

PennEnvironmentPhiladelphia, PA 19102

10. Michael Fiorentino

Mid-Atlantic Environmental LawCenter

Wilmington, DE 19803

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Aaronsburg, PA 16820-0120

12. Myron Arnowitt

Clean Water Action

Pittsburgh, PA 15222

13. Senator Mary J0 White

Senator Raphael J. Musto

Senate Environmental Resources and

Energy Committee

Harrisburg, PA 17120-3021

14. Independent Regulatory Review

Commission

Harrisburg, PA 17101

General Support

1. Comment:

The commentator supports the Department’s efforts to streamline the air quality

permitting process. (2)

The commentator supports the proposed revisions to § 127.44, 127.45, and 127.48. (4)

We are writing to express our support for the proposed Air Quality Permit Streamlining

rulemaking. These draft revisions were approved for public comment at the

Environmental Quality Board’s January 2007 meeting. We commend the Department for

exploring opportunities to streamline permit review and approvals while ensuring that the

public’s ability to submit substantive comments on permit applications is not negatively

impacted. The proposed revisions will reduce costs to the regulated community, enhance

coordination between the Department and permit applicants and ensure the timely review

ofminor source permit actions. The regulation will continue to ensure that the public

receives timely notice and information regarding major plan approvals or permits. (13)

Response: The Department appreciates the commentators’ support ofthis rulemaking.

The Department agrees that the proposed changes will improve the overall permitting

process by reducing both the plan approval application processing time and unnecessary

costs to the applicants and the Department, while still providing timely notice to the

public for comment on all complete plan approval applications submitted to theDepartment.

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We encourage the Department to carefully consider the comments it receives from the

public and regulated community on these revisions. Several comments shared with the

Senate Environmental Resources and Energy Committee on this proposed rulemaking

have offered constructive suggestions on how to further refine the plan notice and reviewprocess, and we are hopeful that these revisions will be included in the final rulemaking.

(13)

Response: The Department appreciates the commentators’ support ofthis rulemaking.The Department agrees that the proposed changes will improve the overall permittingprocess by reducing both the plan approval application processing time and unnecessarycosts to the applicants and the Department, while still providing timely notice to the

public for comment on all complete plan approval applications submitted to theDepartment. The Department has carefully reviewed all ofthe comments and

suggestions that were submitted. Each recommended change was considered for its

impact on the program and incorporated when appropriate.

127.12b. Plan approval terms and conditions.

3. Comment: The commentators support the proposed change to § 127.12b that extends

the temporary shakedown period for a facility for additional limited periods from 120

days to 180 days. This will provide affected entities more time to ensure that equipment

can be operated in accordance with the terms and conditions of a pennit. (2, 3, 4)

Response: The Department appreciates the commentators’ support ofthis revision.

Current stack test requirements are more complicated than in the past, requiring more

time both for the applicant to conduct the stack test and for the Department to review the

test protocols. The Department believes that extending the temporary shakedown period

from 120 days to 180 days will allow companies adequate time to test newly permittedsources in accordance with the more complicated stack test requirements. Thisstreamlines the plan approval application process by eliminating the time that would be

used to apply for an extension when the original 120 days has expired.

127.12d. Completeness determination.

4. Comments on § 127.12d(a):The commentator states that industrial facilities seeking Plan Approvals for theiroperations develop detailed plans and timelines for implementing these operations. Inorder to facilitate this planning, companies schedule engineering, permitting, equipment

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complete and will provide written notice ofthe completeness determination to theapplicant within 15 calendar days ofreceipt.” (2)

The commentator generally supports the proposed addition of 127.12d as a means to

formalize the permit application review process. However, the commentator

recommends that a deadline for the Department to make the completeness determinationbe specified in the regulation. Specifying a timeframe by which the Department must

issue the completeness determination will ensure that plan approval application

processing times are kept to a minimum. For example, the Texas Commission onEnvironmental Quality (TCEQ), at 30 TAC 116.1 14(a)(1) [Subchapter B, New SourceReview Permits], specifies:

“The executive director shall mail written notification informing the

applicant that the application is complete or that it is deficient within 90days ofreceipt ofthe application for a new permit, or amendment to a

permit or special permit.

(A) Ifthe application is deficient, the notification must state:

(i) the additional information required; and(ii) the intent ofthe executive director to void the

application ifthe information for a complete application is

not submitted.”

The TCEQ completeness review is for both administrative and technical completeness of

the application. Since the completeness review proposed in § 127.12d is for

administrative completeness only, the commentator recommends that a 30-day deadlinefor the Department to issue its completeness determination be adopted into the final rulelanguage. (4)

Adequate, Streamlined and Reasonable Procedures: In its Preamble, the EQB cites 35

P.S. § 4006.1(b.3), which states:

The board shall by regulation establish adequate, streamlined and

reasonable procedures for expeditiously determining when

applications are complete and for expeditious review of applications....(Emphasis added.)

The procedures in Subsection (a) ofthe regulation require the Department to evaluate

applications for completeness, but do not address when the Department must take action.

To be consistent with 35 P.S. § 4006.1(b.3), the EQB should consider adding a time limit

for Department action to Subsection (a). (14)

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technical review phase, the Department may be forced to deny or reject a plan approval

application ifrequested information is not made available to the Department in a timely

manner. Furthermore, the Department has a money back guarantee program for certain

classes ofsources to mitigate the costs to the applicant of not receiving a plan approval

application determination in a timely manner.

5. Comments on 127.12d(b):

The commentator requests that the term “other documents” in § 127.12d(b) be expanded

to be more specific. The commentator requests that the Department establish minimum

guidelines on what needs to be submitted in a permit application. For example, otherdocuments could be defined to be all required application forms, compliance history,application fee, maps, proof of permit notification to local/township, emissions inventory

and Best Available Technology (BAT) review (if needed). Increasing the specificity ofrequirements allows affected facilities to submit complete applications that can then be

reviewed for substance rather than completeness. (2)

Vague Language: Subsection (b) includes vague requirements for “necessary

information” and “other documents.” These subjective phrases do not give the regulated

community the specific information needed to file a complete application. For clarity, we

recommend that the phrases “necessary information” and “other documents” be replacedwith the specific information needed to file an administratively complete application.

(14)

Response: Subsection (b) of § 127.12d ofthe final-form rulemaking will be revised to

clarify that the minimum requirements for documentation to be submitted with a planapproval application include the “other documents requested in the plan approvalapplication.” Each plan approval application is unique, however, and it is not possible tostipulate, as part ofthis rulemaking, all ofthe information that will be required to conduct

a thorough technical review for each plan approval application that may be submitted to

the Department.

6. Comment on 127.12d(c) -Adequate, Streamlined and Reasonable Procedures: In

its Preamble, the EQB cites 35 P.S. § 4006.1(b.3), which states:

The board shall by regulation establish adequate, streamlined and

reasonable procedures for expeditiously determining when

applications are complete and for expeditious review of applications....(Emphasis added.)

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the applicant within 30 days ofreceipt of a plan approval application. Subsection (c) of

§ 127.12d will be revised to clarify that ifthe Department determines that the application

is not administratively complete, the Department will send the applicant a writtenstatement ofthe specific information, maps, fees and documents that are required to make

the application administratively complete. Ifthe applicant does not provide the requested

information to the Department within 10 working days ofreceipt ofthe request, the

Department will return the application and fees to the applicant.

7. Comments on § 127.12d(c):

The commentator requests that the language that follows in bold be added to

§ 127.1 2d(c): “ifthe Department determines that the application is not administratively

complete, the Department will submit a written request to the Permittee to provide the

required documents before deeming the application complete.” Addition ofthis

language can reduce the time needed to process an application if only a few minor

documents are missing from the application package. The applicant can quickly provide

those documents to the Department without needing to resubmit the whole applicationpackage. The commentator does not support language allowing for the return ofthe

application and fees to the applicant, along with a written statement ofthe specific

information, maps, fees and documents that are required to make the application

administratively complete. (2)

Administratively Incomplete Applications: Under Subsection (c), ifthe Department finds

that an application is incomplete, the Department will “return the application and fees tothe applicant, along with a written statement ofthe specific information.. .required tomake the application administratively complete.” This commentator agrees with another

commentator that the procedure would be less burdensome by allowing the opportunity to

rectify the deficiency rather than essentially restarting the process by returning theapplication and fees. Why is it necessary to return the application and fees? (14)

Response: Subsection (a) of § 127.12d ofthe final-form rulemaking will be revised to

state that the Department will provide written notice ofthe completeness determination to

the applicant within 30 days ofreceipt of a plan approval application. Subsection (c) of

§ 127.12d will be revised to clarify that ifthe Department determines that the application

is not administratively complete, the Department will send the applicant a written

statement ofthe specific information, maps, fees and documents that are required to make

the application administratively complete. Ifthe applicant does not provide the requested

information to the Department within 10 working days ofreceipt ofthe request, the

Department will return the application and fees to the applicant.

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§ 

subsection (b) of § 127.44 and added a new subsection (a). The public notice

requirements of new subsection (a) apply to all plan approval applications except plan

approval applications subject to the notice requirements ofsubsection (b).

The notice of proposed plan approval issuance for plan approval applications subject to

the notice requirements of subsection (b) of § 127.44 shall include the information listed

in new subsection (b) of § 127.45. The sources subject to final-form rulemaking

paragraphs (b)(1)-(4) of § 127.44 are major sources. The sources subject to final-formrulemaking subsection (a) and paragraph (b)(5) of § 127.44 are minor sources.

Plan approval applications for the major sources subject to paragraphs (b)(1)-(4) of

§ 127.44 are subject to public notice requirements beyond those required for the plan

approval applications for minor sources. These additional notice requirements are

specified in final-form subsection (c) of § 127.44 and include that the notice will be

completed and sent by the Department to the applicant, the EPA, any state within 50

miles ofthe facility and any state whose air quality may be affected and that iscontiguous to this Commonwealth. Additionally, the applicant shall, within 10 days ofreceipt of notice from the Department, publish the notice on at least 3 separate days in a

prominent place and size in a newspaper of general circulation in the county in which the

source is to be located. Proof ofthe publication ofthis newspaper notice shall be filed

with the Department within 1 week thereafter.Minor sources are not included in final-form paragraphs (b)(1)-(4) of 127.44. Plan

approval applications for minor sources are subject to the public notice requirements ofeither subsection (a) or paragraph (b)(5) of § 127.44. Minor sources subject to the notice

requirements of paragraph (b)(5) of § 127.44 are sources for which the Department hasdetermined there is substantial public interest. The notices for these minor sources shall

include the information listed in new subsection (b) of § 127.45.

Plan approval applications for certain minor sources for which there is typically little

public interest and for which the Department usually does not receive comment will be

subject to the public notice requirements of new subsection (a) of § 127.44. The notice of

receipt and intent to issue for these plan approvals shall be prepared in accordance with

the requirements of new subsection (a) of § 127.45.

Combining major sources with minor sources would require that plan approvalapplications from owners or operators of certain minor sources would be subject to theadditional newspaper notice requirements of final-form paragraph (c) of § 127.44. This

would place an unnecessary burden on the owners and operators ofthese minor sources

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effective citizen participation in air permitting.

The commentators state that under the new proposal, many sources required to obtain aplan approval will no longer be published in the Pennsylvania Bulletin. See proposed 25

Pa. Code § 127.44. This is a fundamental change that will make it harder for citizens to

find out when sources are seeking permission for plant changes or even new construction.

A new plant or an air emission change need not be subject to new source review to be amatter of concern to its neighbors, and the Pennsylvania Bulletin is the primary source

for citizens to find out about such matters. The requirement to publish a notice in a

newspaper in the county where the source is located does little to notify citizens of aneighboring county that will also be affected by pollution from the source. The Board

should reject the Department’s attempt to remove plan approvals from the Bulletin and

thereby restrict citizen access to information.The commentators further state that some plan approvals, including synthetic minorpermit applications, will be published in the Bulletin only ifthe Department determines

“there is substantial public interest” or “invites public comment.” See proposed

25 Pa. Code § 127.44(b)(6) [sic]. With all due respect to the Department, it is hard to

determine substantial public interest without publishing an action for public review. If

the public is not aware of a proposal, the Department will hardly be able to determinewhether it will provoke “substantial public interest.” The Department should continue

publishing all plan approvals in the Bulletin, and the Board should reject this proposal.

The commentators also state that the Department proposes to stop publishing the plan

approval conditions in the Bulletin. See proposed 25 Pa. Code § 127.45(5). Theseconditions typically include emission limits, control technology, applicable standards,

and other information essential to citizen evaluation of plan approvals. Removing this

information from the Bulletin withdraws key information from public view and hampers

citizen involvement. The alternative, making an appointment for a file review at a

regional office, involves considerable resources that are not available to many citizens,

and may not be possible in the time allowed for comment on a plan approval. The Board

should reject this proposal and ensure that plan approval conditions continue to be

published in the Bulletin.The primary objective ofthe Air Pollution Control Act (APCA) is the protection of

public health, safety, and well-being ofthe citizens of Pennsylvania. 35 P.S. § 4002(a)(i).The commentators submit that this objective is furthered by continuing to provide

Commonwealth citizens with information about all plan approvals, including all permitconditions, by publication in the Pennsylvania Bulletin. The commentators urge the

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notice in the Pennsylvania Bulletin for all plan approval applications that it receives.The proposed rulemaking revised the existing subsection (a) of § 127.44 (relating topublic notice) to new subsection (b) of § 127.44. The proposed rulemaking added a new

subsection (a) tO § 127.44. Sources that were subject to existing paragraph (a)(5) of

§ 127.44 are now subject to new subsection (a) of § 127.44. These are sources for which

there is typically little public interest and for which the Department does not usuallyreceive comments.The new subsection (a) specifies that the Department will publish in the Pennsylvania

Bulletin a combined notice ofreceipt and intent to issue for each plan approval

application that the Department receives, except plan approval applications subject to the

notice of action requirements of new subsection (b).The contents ofthe combined notice ofreceipt and intent to issue required for plan

approval applications subject to the new subsection (a) of § 127.44 were specified in

proposed paragraphs (a)(1)-(5) of § 127.44. Proposed paragraphs (a)(1)-(5) of § 127.44

will be deleted in the final-fonu rulemaking. The contents ofthe combined notice of

receipt and intent to issue will be added at final in new subsection (a) of § 127.45

(relating to contents of notice). The notice ofreceipt and intent to issue must include the

following:(1) The name and address ofthe applicant.(2) The location and name ofthe source or facility at which the construction,

modification, reactivation or installation is proposed.

(3) A brief description ofthe proposed action, including a brief description ofthe:

(i) Air contamination source to be constructed, modified, reactivated or installed.(ii) Air cleaning device or control technology required including best available

technology.

(iii) Type of conditions being placed in the plan approval with reference to applicable

State and Federal requirements.

(4) The type and quantity of air contaminants being emitted.

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In addition to the requirements of new paragraphs (a)(1)-(6) of § 127.45, the notice of

receipt and intent to issue will state, at a minimum, in accordance with the requirements

of proposed subsection (f) of § 127.44, the following:(1) The location at which the application may be reviewed. This location shall be in the

region affected by the application.(2) A 30-day comment period, from the date of publication, will exist for the submissionof comments.

A plan approval application from the owner or operator of a source that is in the

categories specified by new paragraphs (b)(1)-(5) of § 127.44 shall be subject to the

public notice requirements of proposed new subsection (b) of § 127.45. The sources

specified in new paragraphs (b)(1)-(5) of § 127.44 include:

(1) Sources subject to Subchapter D (relating to prevention of significant deterioration ofair quality).(2) Sources subject to Subchapter E (relating to new source review).

(3) Sources of VOCs that submit plan approval applications demonstrating compliance

with Chapter 129 (relating to standards for sources) using § 129.5 1(a) (relating to

general).(4) Sources located within a Title V facility.(5) Other sources for which the Department has determined there is substantial publicinterest or for which the Department invites public comment.

The public notice requirements for these sources are provided in new subsection (b) of

§ 127.45 and include the following:

(1) The name and address of applicant.(2) The location and name ofthe source or facility at which construction, modification,

reactivation or installation is proposed.

(3) The type and quantity of air contaminants being emitted.

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(6) A description ofthe procedures for reaching a final decision on the proposed plan

approval action including:

(i) The ending date for the receipt of written comments or written protests.(ii) Procedures for requesting a hearing and the nature ofthat hearing.

(iii) Any other procedure by which the public may participate in the final decision.

(7) The name and telephone number of a person to contact at the Department for

additional information.(8) A statement that a person may oppose the proposed plan approval by filing a written

protest with the Department, at the appropriate regional office described in § 121.4

(relating to regional organization ofthe Department).While the requirements of existing paragraph (5) of § 127.45 could be interpreted as

requiring that the entire plan approval conditions need to be published in the notice ofaction to be taken, to do so presents significant costs to the Department as well as theapplicant. Consequently, new paragraph (b)(5) of § 127.45 has been clarified to require a

brief description ofthe conditions being placed in the plan approval with reference toapplicable State and Federal requirements. The complete plan approval conditions will

be available for review at the location listed in the notice.

Furthermore, plan approval applications from the owners or operators ofsources

specified in paragraphs (b)(1)-(4) of § 127.44 have additional public notice requirements

beyond those specified in proposed new subsection (b) of § 127.45. The additional notice

requirements for plan approval applications for these sources are specified in revised

subsection (c) of § 127.44 and include that the notice will be sent by the Department to

the applicant, the EPA, any state within 50 miles ofthe facility and any state whose air

quality may be affected and that is contiguous to this Commonwealth. Additionally, theapplicant shall, within 10 days ofreceipt of notice from the Department, publish the

notice on at least 3 separate days in a prominent place and size in a newspaper of generalcirculation in the county in which the source is to be located. Proof ofthe publication of

this newspaper notice shall be filed with the Department within 1 week thereafter.Therefore, contrary to the commentators’ assertions, the Department is required to

publish notice in the Pennsylvania Bulletin for all plan approval applications that arereceived. The addition of new subsection (a) of § 127.44 establishes procedures for the

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In addition, the applicant submitting a plan approval application for certain sources is

required to publish a notice of plan approval application on at least 3 separate days in aprominent place and size in a newspaper of general circulation in the county in which the

source is to be located, consistent with the requirements of proposed subsection (c) of

§ 127.44.

10. Comment — Adequate Public Notice — Reasonableness; Need: The Preamble states

that the Department of Environmental Protection (Department), as part of an effort to

streamline the permitting process, investigated ways to “reduce the plan approval

application time, reduce unnecessary costs to industry and continue to ensure thatcitizens receive adequate notice of all potential plan approval/permitting actions toenable timely comment on issues of public concern.” (Emphasis added.) We received

two public comments in support ofthe amendments. However, a joint comment from

eight organizations, dated May 25, 2007, was sent to the EQB urging rejection oftheamendments. Specifically, the joint commentators cite concerns with the amendments in

Sections 127.44, 127.44(b)(6) [sic] and 127.45(5), as they relate to public notice in the

Pennsylvania Bulletin.

We recognize that, as amended, Section 127.45(5) would require “a brief description of

the conditions being placed in the plan approval with reference to applicable State andFederal requirements.” We also note that proposed Section 127.44(b)(5) is essentially the

same as the existing requirement under Section 127.44(a)(6). Nonetheless, the EQB

should explain further why these amendments are needed and how the amended

regulation will provide adequate notice to the public. (14)

Response: The final-form rulemaking revises existing paragraphs (a)(5) and (6) of

§ 127.44 to paragraph (b)(5) of 127.44 to read as follows:

“Other sources for which the Department has determined there is

substantial public interest or for which the Department invites public

comment.”

The sources that are subject to new paragraph (b)(5) of § 127.44 are certain minor

sources for which the Department has determined that there is substantial public interestin commenting or for which the Department invites public comment. The Department is

required to publish in the Pennsylvania Bulletin a notice of action to be taken for theseplan approval applications, in accordance with the requirements of new subsection (e) of

§ 127.44. The contents ofthis notice of action to be taken shall meet the requirements of

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While the requirements of existing paragraph (5) of § 127.45 could be interpreted as

requiring that the entire plan approval conditions need to be published in the notice ofaction to be taken, to do so presents significant costs to the Department as well as theapplicant. Consequently, new paragraph (b)(5) of § 127.45 has been clarified to require a

brief description ofthe conditions being placed in the plan approval with reference to

applicable State and Federal requirements. The complete plan approval conditions will

be available for review at the location listed in the notice.These changes to the public notice provisions will result in expedited permitting for newand modified stationary air contamination sources, especially those with minimal

potential for adverse environmental impact, while assuring that the public has an

opportunity to thoroughly review and comment on the proposals. This expedited

permitting will enable manufacturers to respond more quickly to changing productiondemands and improve productivity and profitability.

11. Comment — Public Notice — Reasonableness; Need; Clarity - 127.44(b): There

are three concerns. First, the EQB should explain why it needs to delete existing

Paragraph (5), which requires notice for “other sources required to obtain plan approval.”

What sources would this amendment affect? Second, as amended, new Paragraph (5)

discusses “other sources, including synthetic minor permit applications.” In conjunction

with the deletion ofthe requirement for notice of “other sources required to obtain plan

approval,” the EQB should provide more detail on the “other sources” that would beincluded. Finally, it is not clear what the phrase “including synthetic minor permit

applications” encompasses. The EQB should define this phrase. (14)

Response: Sources that were subject to existing paragraph (a)(5) of § 127.44 are now

subject to new subsection (a) of § 127.44. These are sources for which there is typicallylittle public interest and for which the Department does not receive comments. The finalform rulemaking revises existing paragraphs (a)(5) and (6) of 127.44 to paragraph

(b)(5) of § 127.44 to read as follows:

“Other sources for which the Department has determined there is

substantial public interest or for which the Department invites public

comment.”

The words “including synthetic minor permit applications,” are deleted in the final-formrulemaking. The sources that are subject to new paragraph (b)(5) of § 127.44 are certainminor sources for which the Department has determined that there is substantial public

interest in commenting or for which the Department invites public comment.

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Commonwealth. The applicant shall, within 10 working days ofreceipt ofnotice, publish

the notice on at least 3 separate days in a prominent place and size in a newspaper of

general circulation in the county in which the source is to be located; proofofthe

publication shall be filed with the Department within [1 week] 10 working days

thereafter. A plan approval will not be issued by the Department in the event offailure

by the applicant to submit the proofofpublication.” (2)

Response: The Department has retained the existing requirements of 10 days and 1

week. These existing requirements have not been a problem in the past and theDepartment does not foresee these requirements to be a problem in the future.

13. Comment -§ 127.45— Contents ofnotice — Reasonableness; Need: As amended,

Paragraph (5) would no longer require a “description ofthe reasons” for including

conditions. Why is the description ofthe reasons no longer needed? (14)

Response: While the requirements of existing paragraph (5) of § 127.45 could be

interpreted as requiring that the entire plan approval conditions need to be published in

the notice of action to be taken, to do so presents significant costs to the Department aswell as the applicant. Consequently, new paragraph (b)(5) of § 127.45 has been clarified

to require a brief description ofthe conditions being placed in the plan approval with

reference to applicable State and Federal requirements. The complete plan approvalconditions will be available for review at the location listed in the notice.

Other

14. Comment: Industrial facilities seeking Plan Approvals for their operations develop

detailed plans and timelines for implementing these operations. In order to facilitate this

planning, companies schedule engineering, permitting, equipment procurement,contractor mobilization, construction and many other activities months, even years, inadvance. It would therefore greatly enhance this scheduling process ifthere werecertainty in the amount oftime it takes to process a Plan Approval. The commentator

recommends that the Department adopt a deadline for issuance (or denial) of a Plan

Approval once the Completeness Determination under § 127.12d has been established.

This could easily be accomplished by adding a new section as follows in bold:“127.12e. Permit Issuance. The Department shall, within a reasonable amount of

time not to exceed sixty calendar days after receipt ofa complete application, issue or

deny a Plan Approvalfor sources subject to these rules. “ (2)

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gram for certain classes ofsources to mitigate the costs to the applicant of not receiving a plan approval application determination in a timely manner.

15. Comment: The commentator requests that the members ofthe Board consider the unique nature of circulating fluidized bed (CFB) technology employed by the commentator’s facilities, and the environmental benefit that these companies provide to the Commonwealth by combusting waste coal, while considering the commentator’s other comments. (3)

Response: The requirements ofthe proposed rulemaking will apply equally to all facilities and technologies without regard for the applicant’s perceived level of environmental benefit to the Commonwealth.

16. Comment: The commentator requests that the Department amend the regulations to allow for a reasonable time period for approval oftrial burns of “opportunity fuels” of previously known characteristics.

A facility that experiences ‘opportunity fuel’ availability (like Bio-waste, a fuel that is not a steady ongoing stream of fuel or source) doesn’t normally have a window of 120- or 1 80-days in length to take action on same. In many situations, previous combustion ofsuch “opportunity fuel” has occurred at some other plant or facility, accordingly, combustion characteristics may be known by the Department, and review should be fairly simple. The commentator concurs that ‘first time’ efforts may require additional review, but previous approved alternate “opportunity fuels” should not be relegated to that category. Current Department administration of alternate fuel use requests, even under the proposed changes, may actually inhibit use of any fuel source not currently in a facility’s Title

V permit, and may not enhance energy efficiency or reduction ofsolid waste through common sense use in CFB combustors. Accordingly, the commentator asks the Department to consider modifying the proposed regulations to allow for a reasonable time period for approval oftrial burns of “opportunity fuels” of previously known characteristics. Such ‘inclusion’ may be based on the results of other unit testing when available. (3)

Response: The Department is taking a number of steps to provide operational flexibilities for approval oftrial burns of “opportunity fuels.” Section 127.14 (relating to exemptions) provides an exemption from the permit requirements for approval of certain trial burns of “opportunity fuels.” Exemptions can be determined from the existing list of sources or through the use of a request for determination form. Many de minimis and trivial sources will be exempted through these provisions. If an exemption cannot be granted, then the Department has available, as described in § 127.611 (relating to general

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only mentions equipment 

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)

only refers to the plant or facility at which “construction, modification or installation isproposed.” Why do the words “reactivation” and “construction” appear in some

provisions, but not others? (14)

Response: New paragraphs (a)(2), (a)(3)(i) and (b)(2) of § 127.45 have been revised to

include construction, modification, reactivation or installation to assure consistency

throughout the regulation.

18. Cornment —Miscellaneous Clarity: Paragraph 127.44(a)(4) requires “a person” to

contact for additional information. This provision should specify whether the person to

contact would be a representative ofthe applicant or would be someone from the

Department’s regional office. (14)

Response: New paragraphs (a)(5) and (b)(7) of § 127.45 have been revised to state thatthe person to contact is at the Department.

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