reglab/statecodes huggingface dataset:
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 › PERMIT APPLICATIONS › Section 127.412 - Compliance review forms

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						  section establishes the compliance review procedures applicable during the
						  review of an application for an operating permit, including a general operating
						  permit.
(b) Each applicant for an
						  operating permit shall, as part of the application or on a periodic basis as
						  authorized under subsection (j), submit a compliance review on a form provided
						  by the Department signed by a corporate officer or other responsible official
						  of the facility and containing a verification that the information contained in
						  the application is true and correct to the best of the signatory's belief
						  formed after reasonable inquiry.
(c) The compliance review form shall provide
						  information related to the compliance status of the applicant and related
						  parties including the following:
(1) The name,
						  address, telephone number, taxpayer identification number and plan approval or
						  application number.
(2) The form of
						  management under which the applicant conducts its business and a brief
						  description of the types of business activities performed.
(3) The name and location, including both the
						  address and the municipality and county, telephone number and relationship to
						  the applicant (parent, subsidiary or general partner) of all related parties in
						  this Commonwealth.
(4) The name and
						  business address of the plant manager and general partner of the
						  applicant.
(5) A list of plan
						  approvals and operating permits issued by the Department or the Allegheny
						  County or Philadelphia County air pollution control agencies to the applicant
						  or related parties that are in effect at the time of application or were in
						  effect during the previous 5 years. The list shall include each plan approval
						  and operating permit number, locations and expiration dates.
(6) A list of documented conduct and
						  deviations by the applicant or a related party. The list shall include the
						  date, location, plan approval or operating permit number, nature of the
						  documented conduct or deviation, and the incident status-litigation,
						  existing/continuing, corrected and date of correction. Unless specifically
						  required by the Department, the applicant is not required to report deviations
						  which have been previously reported to the Department in writing under the
						  requirements of this title related to monitoring and reporting
						  requirements.
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 › PERMIT APPLICATIONS › Section 127.413 - Municipal notification

Current through Register Vol. 54, No. 28, July 13, 2024
The applicant for an operating permit shall notify
							 the local municipality and county where the air pollution source is to be
							 located that the applicant has applied for the operating permit. The
							 notification shall clearly describe the source and modifications that are to
							 take place. The notice shall state that there is a 30-day comment period which
							 begins upon receipt of the notice by the municipality and county.
This section cited in 25 Pa. Code §
															127.411 (relating to content of
								applications).
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 › PERMIT APPLICATIONS › Section 127.414 - Supplemental information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  applicant shall provide additional information as necessary to address
						  requirements that become applicable to the source after the date it files a
						  complete application but prior to the Department taking action on the permit
						  application.
(b) The applicant
						  shall provide supplementary facts or corrected information upon becoming aware
						  that it has submitted incorrect information or failed to submit relevant
						  facts.
(c) Except as otherwise
						  required by this article, the Clean Air Act or the regulations thereunder, the
						  permittee shall submit additional information as necessary to address changes
						  occurring at the source after the date it files a complete application but
						  prior to the Department taking action on the permit application.
(d) The applicant shall submit information
						  requested by the Department which is necessary to evaluate the permit
						  application.
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 › REVIEW OF APPLICATIONS › Section 127.421 - Review of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						  Department will determine if an application is complete within 60 days from
						  receipt of the application. An application is complete if it contains
						  sufficient information to begin processing the application, has the applicable
						  sections completed and has been signed by a responsible official.
(b) Except as provided in subsections (c) and
						  (d), the Department will approve or disapprove a complete application within 18
						  months after the date of receipt of a complete application.
(c) The Department will establish a phased
						  schedule for acting on permit applications received within the first 12 months
						  after the approval from the EPA of the Title V permit program established to
						  implement the Clean Air Act.
(d)
						  The schedule established under subsection (c) shall assure that at least one
						  third of the permit applications will be acted upon by the Department annually
						  over a period not to exceed 3 years.
(e) The submission of a complete application
						  does not affect the requirement to obtain a plan approval as required by this
						  chapter.
This section cited in 25 Pa. Code §
															127.505 (relating to initial
								application submitted for Title V
								facilities).
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 › REVIEW OF APPLICATIONS › Section 127.422 - Denial of permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Department will deny or refuse to revise or renew
							 an operating permit to a source to which one or more of the following
							 applies:
(1) The Department has
						  determined it is likely to cause air pollution or to violate the act, the Clean
						  Air Act or the regulations thereunder applicable to the source.
(2) In the design of the source, provision is
						  not made for adequate verification of compliance, including source testing or
						  alternative means to verify compliance.
(3) The EPA has notified the Department in
						  writing that the permit is not in compliance with the requirements of the Clean
						  Air Act or the regulations thereunder.
(4) The applicant has constructed, installed,
						  modified or operated an air contamination source or installed air pollution
						  control equipment or devices on the source contrary to the plans and
						  specifications approved by the Department.
(5) The applicant or a related party has a
						  violation or lack of intention or ability to comply that is listed on the
						  compliance docket.
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 › REVIEW OF APPLICATIONS › Section 127.423 - Notice of basis for certain operating permit decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the Department refuses to grant an
						  approval or to issue or reissue a permit or to terminate, modify, suspend or
						  revoke an operating permit already issued, the action will be in the form of a
						  written notice to the person affected informing the person of the action taken
						  by the Department and setting forth in the notice a full and complete statement
						  of the reasons for the action.
(b)
						  The notice required by subsection (a) will be served upon the person affected
						  either by hand delivery or by certified mail return receipt
						  requested.
(c) The action set forth
						  in the notice shall be final and not subject to review unless, within 30 days
						  of the service of the notice, a person affected thereby appeals to the EHB
						  setting forth the grounds relied upon.
(d) The EHB will issue an adjudication
						  affirming, modifying or overruling the action of the Department.
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 › REVIEW OF APPLICATIONS › Section 127.424 - Public notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						  provided in §
													127.462 (relating to minor
						  operating permit modifications), the Department will prepare a notice of action
						  to be taken on applications for an operating permit.
(b) For sources identified in §
													127.44(b)(1)-(5)
						  (relating to public notice), the notice required by subsection (a) will be
						  completed and sent to the applicant, the EPA, any state within 50 miles of the
						  facility and any state whose air quality may be affected and that is contiguous
						  to this Commonwealth. The applicant shall, within 10 days of receipt of notice,
						  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 of the publication shall be filed with the Department within 1
						  week thereafter. An operating permit will not be issued by the Department if
						  the applicant fails to submit the proof of publication. The Department will
						  publish notice for the sources identified in § 127.44(b) in the
Pennsylvania Bulletin
.
(c) If the Department denies an operating
						  permit, written notice of the denial will be given to requestors and to the
						  applicant and will be published in the
Pennsylvania
						  Bulletin
.
(d) In each
						  case, the Department will publish notices required in subsection (a) in the
Pennsylvania Bulletin
.
(e) The notice will state, at a minimum, 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 submission of
						  comments.
(3) Permits issued to
						  sources identified in §
														127.44(b)(1)-(5)
						  or permits issued to sources with limitations on their potential to emit used
						  to avoid otherwise applicable Federal requirements may become a part of the SIP
						  and will be submitted to the EPA for review and approval.
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 › REVIEW OF APPLICATIONS › Section 127.425 - Contents of notice

Current through Register Vol. 54, No. 28, July 13, 2024
The notice required by §
													127.424 (relating to public
							 notice) shall include the following:
(1) The name and address of the
						  applicant.
(2) The location and
						  name of the plant or facility at which operation of the source will take
						  place.
(3) The type and quantity of
						  air contaminants being emitted.
(4)
						  A brief description of the conditions being placed in the permit.
(5) A description of the procedures for
						  reaching a final decision on the proposed permit action including the
						  following:
(i) The ending date of the receipt
						  of written protests.
(ii) The
						  procedures for requesting a hearing and the nature of that hearing.
(iii) Other procedures by which the public
						  may participate in the final decision.
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 › REVIEW OF APPLICATIONS › Section 127.426 - Filing protests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  protest to a proposed action shall be filed with the Department within 30 days
						  of the date that notice of the proposed action was published under §
													127.424 (relating to public
						  notice).
(b) A protest shall
						  include the following:
(1) The name, address
						  and telephone number of the person filing the protest.
(2) An identification of the proposed permit
						  issuance being opposed.
(3) A
						  concise statement of the objections to the permit issuance and the relevant
						  facts upon which the objections are based.
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 › REVIEW OF APPLICATIONS › Section 127.427 - Consideration of protest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  protest alerts the Department to the fact and nature of the objection of the
						  protestant to the proposed action on the application.
(b) The Department is not required to
						  consider protests filed subsequent to the time designated in §
													127.426 (relating to filing
						  protests), but it may consider them if filed prior to issuance of an operating
						  permit.
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 › REVIEW OF APPLICATIONS › Section 127.428 - Conferences and hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
						  to issuing an operating permit, the Department may hold a fact-finding
						  conference or hearing at which the petitioner, and a person who has properly
						  filed a protest under §
													127.426 (relating to filing
						  protests) may appear and give testimony. The Department is not required to hold
						  a conference or hearing.
(b) The
						  applicant, the protestant and other participants will be notified of the time,
						  place and purpose of a conference or hearing, in writing or by publication in a
						  newspaper or the
Pennsylvania Bulletin
, unless the Department
						  determines that notification by telephone will be sufficient.
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 › REVIEW OF APPLICATIONS › Section 127.429 - Conference or hearing procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Conferences and hearings shall be
						  conducted by a presiding officer.
(b) Except if provided otherwise in the
						  notice or by the presiding officer, conferences and hearings shall be conducted
						  in an informal manner and the rules of evidence are not applicable.
(c) When provided in the notice, a
						  participant may be required to present a written statement, together with
						  exhibits required, at the conference or hearing for the use of the
						  participants. Persons unable to attend the conference or hearing may submit
						  three copies of a written statement and exhibits within 10 days thereafter to
						  the Department.
(d) At the
						  conference or hearing, a participant, may, at his own cost, record the
						  proceedings using a stenographer, tape recorder or other means.
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 › REVIEW OF APPLICATIONS › Section 127.430 - Conference or hearing record

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Following the conference or hearing, the presiding officer shall prepare a
						  summary which contains the following:
(1) An
						  identification of the operating permit application and the name of the plant or
						  facility which is being constructed or modified.
(2) The names and addresses of each
						  participant and whom the participant represents.
(3) The substance of the opening and closing
						  statement by the presiding officer.
(4) The substance of the matters discussed or
						  testified to and agreements entered into by the participants.
(5) Other relevant matters to inform the
						  Department of the results of the conference or hearing.
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 › REVIEW OF APPLICATIONS › Section 127.431 - Operating permit disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) After reviewing a protest or record of a
						  conference or hearing, the Department may take action authorized by this
						  chapter.
(b) A notice of denial or
						  an operating permit will be issued to the applicant. Each protestant who has
						  submitted a comment within the time period in §
													127.426 (relating to filing
						  protests) will be notified personally or by mailing a copy of the plan approval
						  disposition to the address set forth in the protest.
(c) The Department will also publish notice
						  of its action in the
Pennsylvania Bulletin
which will be
						  deemed to be sufficient notice to others.
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 127.441 - Operating permit terms and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A permit may contain terms and conditions
						  the Department deems necessary to assure the proper operation of the
						  source.
(b) At a minimum, each
						  permit shall incorporate by reference the emission and performance standards
						  and other requirements of the act, the Clean Air Act or the regulations
						  thereunder.
(c) The operating
						  permit shall incorporate the monitoring, recordkeeping and reporting
						  requirements required by Chapter 139 (relating to sampling and testing) and
						  other monitoring, recordkeeping or reporting requirements of this article and
						  additional requirements related to monitoring, recordkeeping and reporting
						  required by the Clean Air Act and the regulations thereunder including, if
						  applicable, the enhanced monitoring requirements of 40 CFR Part 64 (relating to
						  enhanced monitoring).
(d) The
						  permit shall contain a requirement that the permittee develop an accidental
						  release program consistent with the Clean Air Act and the regulations
						  thereunder.
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 127.442 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						  source shall submit reports to the Department containing information the
						  Department may prescribe relative to the operation and maintenance of the
						  source.
(b) At a minimum, each
						  permit shall incorporate by reference the reporting requirements of the act,
						  the Clean Air Act or the regulations thereunder applicable to the
						  source.
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 127.443 - Operating permit requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may not cause or permit the
						  operation of a source the construction, modification or reactivation of which,
						  or the installation of an air cleaning device on which, is subject to §
													127.11 (relating to plan approval
						  requirements), unless the Department has issued a permit to operate the
						  source.
(b) The permit shall be
						  issued with the condition that the source shall operate in compliance with the
						  plan approval, the conditions of the plan approval and the conditions of the
						  operating permit. The Department may issue the permit with additional
						  appropriate conditions.
(c) The
						  Department will not issue an operating permit unless the source was constructed
						  in accordance with the plan approval and the conditions of the plan
						  approval.
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 127.444 - Compliance requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A person may not cause or permit the operation of a
							 source subject to this article unless the source and air cleaning devices
							 identified in the application for the plan approval and operating permit and
							 the plan approval issued to the source are operated and maintained in
							 accordance with specifications in the application and conditions in the plan
							 approval and operating permit issued by the Department. A person may not cause
							 or permit the operation of an air contamination source subject to this chapter
							 in a manner inconsistent with good operating practices.
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 127.445 - Operating permit compliance schedules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may issue an operating
						  permit to an existing and operating source that is out of compliance with the
						  act, the Clean Air Act or the regulations thereunder.
(b) An operating permit issued under
						  subsection (a) shall contain an enforceable schedule requiring the source to
						  attain compliance as soon as possible but no later than the date required by
						  the act or the Clean Air Act.
(c)
						  The compliance schedule required by subsection (b) may contain interim
						  milestone dates for completing any phase of the required work, as well as a
						  final compliance date and may contain stipulated penalties for the failure to
						  meet the compliance schedule.
(d)
						  If the permittee fails to achieve compliance by the final compliance date or
						  fails to pay the stipulated penalties for failure to meet an interim compliance
						  date, the permit shall be revoked.
(e) The operating permit shall be part of an
						  overall resolution of the outstanding noncompliance and may include the payment
						  of an appropriate civil penalty for past violations and shall contain other
						  terms and conditions the Department deems appropriate.
(f) An operating permit may incorporate by
						  reference a compliance schedule contained within a consent order and agreement,
						  including provisions related to the implementation or enforcement of the
						  compliance schedule or consent order and agreement.
This section cited in 25 Pa. Code §
															127.513 (relating to compliance
								certification).
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 127.446 - Operating permit duration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
						  operating permit issued under this chapter will be issued for a 5-year term
						  unless a shorter term is required to comply with the Clean Air Act or the
						  regulations thereunder or the permittee requests a shorter term.
(b) Notwithstanding subsection (a), a permit
						  for acid deposition control will be issued for a 5-year term.
(c) The terms and conditions of an expired
						  permit are automatically continued pending the issuance of a new permit when
						  the permittee has submitted a timely and complete application and paid the fees
						  required by Subchapter I (relating to plan approval and operating permit fees)
						  and the Department is unable, through no fault of the permittee, to issue or
						  deny a new permit before the expiration of the previous permit. An application
						  is complete if it contains sufficient information to begin processing the
						  application, has the applicable sections completed and has been signed by a
						  responsible official.
(d) Failure
						  of the Department to issue or deny a new permit prior to the expiration date of
						  the previous permit for which a timely renewal application has been filed shall
						  be an appealable action. The EHB may require that the Department take action on
						  an application without delay.
(e)
						  Applications for permit renewals shall be submitted at least 6 and not more
						  than 18 months before expiration of the existing permit.
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 127.447 - Alternate operating scenarios

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Stationary air contamination sources may
						  make changes at a facility to implement alternate operating scenarios
						  identified in its permit under this section.
(b) A permit issued under this section shall
						  contain terms and conditions for reasonably anticipated operating scenarios
						  determined to be necessary or otherwise identified by the source in its
						  application as approved by the Department. The terms and conditions:
(1) Shall require the source,
						  contemporaneously with making a change from one operating scenario to another,
						  to record in a log at the permitted facility a record of the scenario under
						  which it is operating at all times and may require the source to notify the
						  Department at the time it implements the change.
(2) Shall extend the permit shield described
						  in §
														127.516 (relating to permit
						  shield) to the terms and conditions under each operating scenario, unless
						  precluded by the Clean Air Act or the regulations thereunder.
(3) Shall ensure and require that the terms
						  and conditions of each alternate scenario meet applicable requirements of the
						  Clean Air Act, the act and the regulations thereunder.
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. 54, No. 28, July 13, 2024
(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:
(1) Increase the emissions of a pollutant
						  regulated under section 112 of the Clean Air Act (42 U.S.C.A. §
															7412) except as authorized in subsection
						  (d)(4) and (5).
(2) Subject the
						  facility to the permit requirements of Subchapters D and E (relating to
						  prevention of significant deterioration of air quality; and new source
						  review).
(3) Violate an applicable
						  requirement of the act, the Clean Air Act or the regulations promulgated under
						  the act or the Clean Air Act.
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 127.450 - Administrative operating permit amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An "administrative permit amendment" is a
						  permit revision that does one or more of the following:
(1) Corrects typographical errors.
(2) Identifies a change in the name, address
						  or phone number of a person identified in the permit, or provides a similar
						  minor administrative change at the source.
(3) Requires more frequent monitoring or
						  reporting by the permittee.
(4)
						  Allows for a change in ownership or operational control of a source if the
						  Department determines that no other change in the permit is necessary, and if a
						  written agreement containing a specific date for transfer of permit
						  responsibility, coverage and liability between the current and new permittee
						  and a compliance review form has been submitted to and the permit transfer has
						  been approved by the Department.
(5) Except when precluded by the Clean Air
						  Act or the regulations, incorporates into an operating permit the requirements
						  from plan approvals including plan approvals issued under Subchapter B
						  (relating to plan approval requirements), Subchapter D (relating to prevention
						  of significant deterioration of air quality) and Subchapter E (relating to new
						  source review) or §
														127.35 (relating to maximum
						  achievable control technology standards for hazardous air pollutants)
						  authorized under an EPA-approved program, if the program meets procedural
						  requirements of this chapter.
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 MODIFICATIONS › Section 127.461 - Operating permit changes for cause

Current through Register Vol. 54, No. 28, July 13, 2024
An operating permit may be terminated, modified,
							 suspended or revoked and reissued if one or more of the following applies:
(1) The permittee constructs or
						  operates the source subject to the operating permit so that it is in violation
						  of the act, the Clean Air Act, the regulations thereunder, a plan approval, a
						  permit or in a manner that causes air pollution.
(2) The permittee fails to properly or
						  adequately maintain or repair an air pollution control device or equipment
						  attached to or otherwise made a part of the source.
(3) The permittee has failed to submit a
						  report required by the operating permit or an applicable regulation.
(4) The EPA determines that the permit is not
						  in compliance with the Clean Air Act or the regulations thereunder.
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 MODIFICATIONS › Section 127.462 - Minor operating permit modifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Stationary air contamination sources and
						  facilities may make minor permit modifications on an expedited basis under this
						  section.
(b) The owner or operator
						  of the facility shall submit to the Department, on a form provided by or
						  approved by the Department, a brief description of the change, the date on
						  which the change is to occur and the proposed language for revising the
						  operating permit conditions proposed to be changed. The form shall be submitted
						  to the Department by hand delivery or certified mail, return receipt
						  requested.
(c) At the time of
						  submission of the application for a minor permit modification, the owner and
						  operator shall notify the municipality where the source or facility is located
						  under section 1905-A of The Administrative Code of 1929 (71 P. S. §
														510-5), any state within 50 miles of the
						  location of the source or facility or whose air quality may be affected by the
						  change and the EPA and shall also publish a notice in a local newspaper of
						  general circulation briefly describing the change including a change in actual
						  emissions, of any air contaminant that would occur as a result of the
						  change.
(d) The notice required by
						  subsection (c) shall clearly indicate that a person may comment to the
						  Department and the source or facility concerning the proposed change within 21
						  days from the date of submission of the proposed minor permit modification to
						  the Department and the EPA.
(e) The
						  Department will have 21 days in the absence of receipt of public comments and
						  28 days if public comments are received from receipt of the application for a
						  minor permit modification to seek additional information or to disapprove the
						  change.
(f) The source or facility
						  may make the change subject to subsequent review and final action by the
						  Department and the EPA under one of the following conditions:
(1) After the 21st day following submission
						  under subsection (b) if the Department has received no public objection and
						  does not otherwise object to the change.
(2) After the 28th day following submission
						  under subsection (b) if the Department has received a public objection within
						  21 days of the submission which the Department determines is not bona fide and
						  the Department does not disapprove the proposed change or require it to be
						  processed as a plan approval or significant modification.
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 MODIFICATIONS › Section 127.463 - Operating permit revisions to incorporate applicable standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will require revisions to an operating permit to incorporate applicable
						  standards or regulations promulgated under the Clean Air Act after the issuance
						  of the permit.
(b) The revisions
						  shall occur as expeditiously as practicable, but not later than 18 months after
						  the promulgation of the standards or regulations.
(c) A revision will not be required if the
						  effective date of the standards or regulations is a date after the expiration
						  of the permit term or if less than 3 years remain in the permit term.
(d) A revision issued under this section
						  shall be treated as a permit renewal if it complies with the act and the
						  regulations promulgated thereunder regarding renewals.
(e) Regardless of whether a revision is
						  required under this section, the permittee shall meet the applicable standards
						  or regulations promulgated under the Clean Air Act within the time frame
						  required by standards or regulations.
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 MODIFICATIONS › Section 127.464 - Transfer of operating permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An operating permit may not be
						  transferred from one person to another except in cases of change-of-ownership
						  which are documented and approved to the satisfaction of the
						  Department.
(b) Section
						  127.412 (relating to compliance
						  review forms) applies to a request to transfer an operating permit.
(c) An operating permit is valid only for
						  that specific source and that specific location of the source as described in
						  the permit.
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 MODIFICATIONS › Section 127.465 - Significant operating permit modification procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a stationary air
						  contamination source or facility may make a significant modification to an
						  applicable operating permit under this section.
(b) Significant operating permit
						  modifications must meet the requirements of this chapter, including
						  §§
													127.424 and
						  127.425 (relating to public
						  notice; and contents of notice).
(c) The owner or operator of the facility
						  shall submit to the Department, on a form provided by or approved by the
						  Department, a brief description of the change, the date on which the change is
						  to occur and the proposed language for revising the operating permit conditions
						  proposed to be changed.
(d) 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 an operational flexibility change authorized by this
						  section.
(e) The Department will
						  take final action on the proposed change within 180 days of receipt of the
						  complete application for the significant operating permit modification and,
						  after taking final action, will publish notice of the action in the
Pennsylvania Bulletin
.
The provisions of this §
															127.465 issued under section
								5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. §
																4005(a)(1) and
								(8)).
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 G - TITLE V OPERATING PERMITS › GENERAL › Section 127.501 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter describes the additional operating
							 permit program requirements applicable to Title V facilities which are in
							 addition to the requirements in Subchapter F (relating to operating permit
							 requirements).
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 G - TITLE V OPERATING PERMITS › GENERAL › Section 127.502 - Sources included within a Title V facility

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For Title V facilities, the applicable
						  requirements for stationary air contamination sources in the Title V facility
						  shall be included in the operating permit.
(b) Fugitive emissions from a Title V
						  facility shall be included in the permit application and the Title V permit in
						  the same manner as stack emissions, regardless of whether the source category
						  in question is included in the list of sources contained in the definition of
						  Title V facility.
(c) Research and
						  development facilities located at a Title V facility will not be required to be
						  included as part of the Title V facility. The emissions from a research and
						  development facility shall, in all cases, be aggregated with the emissions of
						  the Title V facility to determine whether the facility meets any of the
						  requirements of subparagraphs (i)-(iv) in the definition of a Title V
						  facility.
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 G - TITLE V OPERATING PERMITS › GENERAL › Section 127.503 - Application information

Current through Register Vol. 54, No. 28, July 13, 2024
The owner or operator shall include the following in
							 the Title V permit application:
(1)
						  Identifying information, including company name and address, or plant name and
						  address if different from the company name, owner's name and agent and
						  telephone number and names of plant site manager/contact.
(2) A description of the source's processes
						  and products, by standard industrial classification code, including those
						  associated with each alternate operating scenario identified by the source.
(3) The following
						  emissions-related information:
(i) Emissions
						  of air contaminants for which the facility is a Title V facility, and emissions
						  of regulated air pollutants. A permit application shall describe emissions of
						  regulated air pollutants emitted from a stationary air contamination source.
						  The Department may require additional information related to the emissions of
						  air contaminants sufficient to verify which requirements are applicable to each
						  source, and other information necessary to collect permit fees owed under
						  Subchapter I (relating to plan approval and operating permit fees).
(ii) Identification and description of the
						  points of emissions described in subparagraph (i) in sufficient detail to
						  establish the basis for fees and applicability of the Clean Air Act.
(iii) Emissions rates in tons per year and in
						  terms necessary to establish compliance consistent with the applicable emission
						  limit and standard reference test method.
(iv) The following information to the extent
						  it is needed to determine or regulate emissions: fuels, fuel use, raw
						  materials, production rates and operating schedules.
(v) Identification and description of air
						  pollution control equipment and compliance monitoring devices or activities
						  including enhanced monitoring protocols required by 40 CFR Part 64 (relating to
						  enhanced monitoring).
(vi)
						  Limitations on source operation affecting emissions or work practice standards,
						  when applicable, for Title V regulated pollutants at each stationary air
						  contamination source.
(vii) Other
						  information required by an applicable requirement, including information
						  related to stack height limitations developed under section 123 of the Clean
						  Air Act (42 U.S.C.A. §
															7423).
(viii) Calculations on which the information
						  in subparagraphs (i)-(vii) is based.