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 G - TITLE V OPERATING PERMITS › GENERAL › Section 127.504 - Source category exemptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A source located at a facility that is
						  not a Title V facility, that is not an affected source or that is not a solid
						  waste incineration unit required to obtain a permit under section 129(e) of the
						  Clean Air Act (42 U.S.C.A.
						  §
														7429(e)) is exempted
						  from the obligation to obtain a Title V permit until the Administrator of the
						  EPA completes a rulemaking to determine how the program should be structured
						  for the sources and the appropriateness of permanent exemptions.
(b) In the case of nonmajor sources subject
						  to a standard or other requirement under section 111 or 112 of the Clean Air
						  Act (42 U.S.C.A.
						  §§
														7411 and
						  7412), the Administrator of the
						  EPA will determine whether to exempt the applicable sources from the
						  requirement to obtain a Title V permit at the time that the new standard is
						  promulgated.
(c) A source exempt
						  from the requirement to obtain a permit under this section may opt to apply for
						  a permit under the Title V program.
(d) The following source categories are
						  exempted from the obligation to obtain a Title V permit:
(1) Sources and source categories that would
						  be required to obtain a permit solely because they are subject to
						  40 CFR Part
						  60, Subpart AAA (relating to standards of
						  performance for new residential wood heaters).
(2) Sources and source categories that would
						  be required to obtain a permit solely because they are subject to 40 CFR Part
						  61 , Subpart M (relating to National emission standard for asbestos) including
						  61.145 (relating to demolition and renovation).
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 127.505 - Initial application submittal for Title V facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The owner or operator of a Title V
						  facility shall submit the Title V operating permit application within 120 days
						  after the Department provides notice to the owner or operator that the
						  application is due or by November 27, 1995, whichever is earlier.
(b) The Department will make a completeness
						  determination within the timeframe established under §
													127.421(a)
						  (related to review of applications).
(c) If the applicant submits a complete
						  application within the time frames required by this section and the Department
						  fails to issue a permit through no fault of the applicant, the Title V facility
						  may continue to operate if the fees required by Subchapter I (relating to plan
						  approval and operating permit fees) have been paid and the source is operated
						  in conformance with the act, the Clean Air Act and the regulations
						  thereunder.
(d) The terms and
						  conditions of an existing operating permit issued to the source shall continue
						  pending issuance of a permit under Title V.
(e) An applicant meeting the requirements of
						  subsections (a) and (c) shall have an application shield. The application
						  shield shall cease if the source fails to provide information requested by the
						  Department which is necessary to evaluate the Title V 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 G - TITLE V OPERATING PERMITS › PERMIT CONDITIONS › Section 127.511 - Monitoring and related recordkeeping and reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each permit
						  shall contain the following requirements with respect to monitoring:
(1) Emissions monitoring and analysis
						  procedures or test methods required under the applicable requirements,
						  including procedures and methods under sections 114(a)(3) or 504(b) of the
						  Clean Air Act (42 U.S.C.A.
						  §§
															7414(a)(3) and
						  7661c(b)).
(2) When the applicable requirement does not
						  require periodic testing or instrumental or noninstrumental monitoring, which
						  may consist of recordkeeping designed to serve as monitoring, periodic
						  monitoring sufficient to yield accurate and reliable data from the relevant
						  time that are representative of the source's compliance with the permit, as
						  reported under subsection (c). The monitoring requirements shall assure use of
						  terms, test methods, units, averaging periods and other statistical conventions
						  are consistent with the applicable requirement. Recordkeeping provisions may be
						  sufficient to meet the requirements of this subsection.
(3) Requirements concerning the use,
						  maintenance and, when appropriate, installation of monitoring equipment or
						  methods, as necessary.
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 › PERMIT CONDITIONS › Section 127.512 - Operating permit terms and conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each permit issued to a Title V facility
						  shall, at a minimum, contain the permit terms and conditions required by this
						  section.
(b) The permit shall
						  contain a severability clause to ensure the continued validity of the various
						  permit requirements in the event of a challenge to a portion of the
						  permit.
(c) The permit shall
						  contain provisions stating the following:
(1)
						  The permittee shall comply with conditions of the operating permit.
						  Noncompliance with the permit constitutes a violation of the Clean Air Act and
						  the act and is grounds for one or more of the following:
(i) Enforcement action.
(ii) Permit termination, revocation and
						  reissuance or modification.
(iii)
						  Denial of a permit renewal 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 G - TITLE V OPERATING PERMITS › PERMIT CONDITIONS › Section 127.513 - Compliance certification

Current through Register Vol. 54, No. 28, July 13, 2024
Title V permits shall contain the following elements
							 with respect to compliance:
(1)
						  Consistent with this article, compliance certification, testing, monitoring,
						  reporting and recordkeeping requirements sufficient to assure compliance with
						  the terms and conditions of the permit. Documents, including reports, required
						  by a Title V permit shall contain a certification by a responsible
						  official.
(2) Inspection and entry
						  requirements that require that, upon presentation of credentials and other
						  documents as may be required by law, the permittee shall allow the Department
						  or an authorized representative of the Department to perform the following:
(i) Enter at reasonable times upon the
						  permittee's premises where a Title V source is located or emissions-related
						  activity is conducted, or where records are kept under the conditions of the
						  permit.
(ii) Have access to and
						  copy or remove, at reasonable times, records that are kept under the conditions
						  of the permit.
(iii) Inspect at
						  reasonable times facilities, equipment, including monitoring and air pollution
						  control equipment, practices or operations regulated or required under the
						  permit.
(iv) Sample or monitor at
						  reasonable times substances or parameters for the purpose of assuring
						  compliance with the permit or applicable requirements as authorized by the
						  Clean Air Act, the act or the regulations adopted under the Clean Air Act or
						  the 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 G - TITLE V OPERATING PERMITS › PERMIT CONDITIONS › Section 127.514 - General operating permits at Title V facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the requirements of
						  Subchapter H (relating to general plan approvals and operating permits), a
						  general permit shall comply with the requirements applicable to other Title V
						  facilities and shall identify criteria by which sources may qualify for the
						  general permit.
(b) The Department
						  will grant the conditions and terms of the general permit to sources that
						  qualify. Notwithstanding the shield provisions of §
													127.516 (relating to permit
						  shield), the source shall be subject to enforcement action for operation
						  without a Title V permit if the source is later determined not to qualify for
						  the conditions and terms of the general permit.
(c) A general permit will not be authorized
						  for affected sources under the acid rain program unless otherwise provided in
						  regulations promulgated under Title IV of the Clean Air Act (42 U.S.C.A. §§
														7641 and
						  7642).
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 › PERMIT CONDITIONS › Section 127.515 - Operating permits for portable sources at Title V facilities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to
						  the requirements of Subchapter H (relating to general plan approvals and
						  operating permits), the operation of a source operating at multiple temporary
						  locations shall be temporary and involve at least one change of location during
						  the term of the permit.
(b) A
						  facility subject to the requirements of Title IV of the Clean Air Act
						  (42 U.S.C.A. §§
														7641 and
						  7642), relating to acid deposition
						  control, will not be permitted as a portable source.
(c) Permits for portable sources shall
						  include the following:
(1) The conditions
						  that will assure compliance with the applicable requirements at the authorized
						  locations.
(2) The requirements
						  that the owner or operator notify the Department at least 10 days in advance of
						  each change in location.
(3) The
						  conditions that assure compliance with the other provisions of this
						  article.
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 › PERMIT CONDITIONS › Section 127.516 - Permit shield

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Compliance
						  with the conditions of the permit shall be deemed in compliance with applicable
						  requirements as of the date of permit issuance, if one of the following
						  applies:
(1) The applicable requirements are
						  included and are specifically identified in the permit.
(2) The Department, in acting on the permit
						  application or revision, determines in writing that other requirements
						  specifically identified are not applicable to the source, and the permit
						  includes the determination or a concise summary thereof.
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 › PUBLIC NOTICE › Section 127.521 - Additional public participation provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In addition to the other requirements of
						  this chapter, permit proceedings for Title V facilities shall follow the
						  provisions of this section related to public notice.
(b) Notice shall be given by publication by
						  the permit applicant in a newspaper of general circulation in the area where
						  the source is located and by the Department in the
Pennsylvania
						  Bulletin
and to persons on a mailing list developed by the Department,
						  including those who request in writing to be on the list; and by other means if
						  necessary to assure adequate notice to the affected public.
(c) The notice shall identify:
(1) The Title V facility.
(2) The name and address of the applicant or
						  permittee.
(3) The name and address
						  of the Department regional office processing the permit.
(4) The activity involved in the permit
						  action.
(5) The emissions change
						  involved in a permit modification.
(6) The name, address and telephone number of
						  a person from whom interested persons may obtain additional information,
						  including copies of the permit draft, the application, relevant supporting
						  materials and other materials available to the Department that are relevant to
						  the permit decision.
(7) A brief
						  description of the comment procedures required by this article.
(8) The time and place of a hearing that may
						  be held, including a statement of procedures to request a hearing, unless a
						  hearing has already been scheduled.
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 › PUBLIC NOTICE › Section 127.522 - Operating permit application review by the EPA and affected states

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  will provide to the Administrator of the EPA a copy of each permit application,
						  including an application for permit modification, each proposed permit and each
						  final Title V permit. The applicant may be required by the Department to
						  provide a copy of the permit application, including the compliance plan,
						  directly to the Administrator of the EPA. Upon agreement with the Administrator
						  of the EPA, the Department may submit to the Administrator of the EPA a permit
						  application summary form and relevant portions of the permit application and
						  compliance plan, in place of the complete permit application and compliance
						  plan. To the extent practicable, the preceding information shall be provided in
						  computer-readable format compatible with the EPA's National database management
						  system.
(b) As authorized by the
						  Clean Air Act and the regulations thereunder, the Administrator of the EPA may
						  waive the requirements of subsections (a) and (d) for a category of sources,
						  including a class, type or size within the category, other than Title V
						  facilities according to one of the following:
(1) By regulation for a category of sources
						  Nationwide.
(2) At the time of
						  approval of the Commonwealth program for a category of sources covered by the
						  operating permit program.
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 › PUBLIC NOTICE › Section 127.523 - Public petitioners to the Administrator of the EPA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As provided by the Clean Air Act and the
						  regulations thereunder, if the Administrator of the EPA does not object in
						  writing under §
													127.522(f)-(h)
						  (relating to operating permit application review by the EPA and affected
						  states), a person may petition the Administrator of the EPA within 60 days
						  after the expiration of the Administrator of the EPA's 45-day review period to
						  make the objection.
(b) The
						  petition shall be based only on objections to the permit that were raised with
						  reasonable specificity during the public comment period, unless the petitioner
						  demonstrates that it was impracticable to raise the objections within the
						  period, or unless the grounds for the objection arose after the
						  period.
(c) If the Administrator of
						  the EPA objects to the permit as a result of a petition filed under this
						  section, the Department will suspend the permit until the EPA's objection has
						  been resolved, except that a petition does not stay the effectiveness of a
						  permit or its requirements if the permit was issued after the end of the 45-day
						  review period and prior to an EPA objection.
(d) If the Department has issued a permit
						  prior to receipt of an EPA objection under this section, the Administrator of
						  the EPA as authorized by the Clean Air Act and the regulations thereunder, may
						  modify, terminate or revoke the permit and the Department may thereafter issue
						  only a revised permit that satisfies the EPA's objection.
(e) In any case, the source will not be in
						  violation of the requirement to have submitted a timely and complete
						  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 G - TITLE V OPERATING PERMITS › PUBLIC NOTICE › Section 127.524 - Prohibition on default issuance

Current through Register Vol. 54, No. 28, July 13, 2024
An operating permit will not be issued to a Title V
							 facility until the states within 50 miles of the Title V facility, any
							 contiguous state whose air quality may be affected and the EPA have had an
							 opportunity to review the proposed permit as required under this
							 subchapter.
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 › ACID RAIN › Section 127.531 - Special conditions related to acid rain

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section describes the permit program
						  for acid deposition control in accordance with Titles IV and V of the Clean Air
						  Act (42 U.S.C.A.
						  §§
														7641 and
						  7642 and
						  7661-7661f). The provisions of
						  this section shall be interpreted in a manner consistent with the Clean Air Act
						  and the regulations thereunder.
(b)
						  The owner or operator or the designated representative of each affected source
						  under section 405 of the Clean Air Act (42 U.S.C.A. §
														7651d) shall
						  submit a permit application and compliance plan for the affected source to the
						  Department within 120 days from notice by the Department to submit an
						  application but no later than January 1, 1996, for sulfur dioxide, and no later
						  than January 1, 1998, for NOx, that meets the
						  requirements of this chapter, the Clean Air Act and the regulations
						  thereunder.
(c) In the case of
						  affected sources for which an application and plan are timely received, the
						  permit application and the compliance plan, including amendments thereto, shall
						  be binding on the owner or operator or the designated representative of the
						  owner or operator and shall be enforceable as a permit for purposes of this
						  section until a permit is issued by the Department.
(d) A permit issued under this section shall
						  require the source to achieve compliance as soon as possible but no later than
						  the date required by the Clean Air Act or the regulations thereunder for the
						  source.
(e) At any time after the
						  submission of a permit application and compliance plan, the applicant may
						  submit a revised application and compliance plan. In considering a permit
						  application and compliance plan under this section, the Department will
						  coordinate with the Pennsylvania Public Utility Commission consistent with the
						  requirements established by the EPA.
(f) In addition to the other requirements of
						  this chapter, permits issued under this section shall prohibit the following:
(1) Annual emissions of sulfur dioxide in
						  excess of the number of allowances to emit sulfur dioxide that the owner or
						  operator or designated representative holds for the unit.
(2) Exceeding applicable emission rates or
						  standards, including ambient air quality standards.
(3) The use of an allowance prior to the year
						  for which it is allocated.
(4)
						  Contravention of other provisions of 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 G - TITLE V OPERATING PERMITS › PERMIT MODIFICATIONS › Section 127.541 - Significant operating permit modifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Significant modification procedures shall
						  be used for applications requesting permit modifications that do not qualify as
						  minor permit modifications or as administrative amendments.
(b) Significant permit modifications shall
						  meet the requirements of this article, including those for applications, public
						  participation, review by affected and contiguous states and review by the EPA,
						  as they apply to permit issuance and permit renewal. The Department will
						  implement this review process to complete review on the majority of significant
						  permit modifications within 9 months after receipt of a complete
						  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 G - TITLE V OPERATING PERMITS › PERMIT MODIFICATIONS › Section 127.542 - Revising an operating permit for cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each issued permit shall include
						  provisions specifying the conditions under which the permit will be reopened
						  prior to the expiration of the permit. A permit shall be revised under one or
						  more of the following circumstances:
(1)
						  Additional applicable requirements under the Clean Air Act or the act become
						  applicable to a Title V facility with a remaining permit term of 3 or more
						  years. The revision shall be completed within 18 months after promulgation of
						  the applicable requirement. The revision is not required if the effective date
						  of the requirement is later than the date on which the permit is due to expire,
						  unless the original permit or its terms and conditions has been
						  extended.
(2) Additional
						  requirements, including excess emissions requirements, become applicable to an
						  affected source under the acid rain program. Upon approval by the Administrator
						  of the EPA, excess emissions offset plans shall be deemed to be incorporated
						  into the permit.
(3) The Department
						  or the EPA determines that the permit contains a mistake or that inaccurate
						  statements were made in establishing the emissions standards or other terms or
						  conditions of the permit.
(4) The
						  Administrator of the EPA or the Department determines that the permit will be
						  revised or revoked to assure compliance with the applicable
						  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 › PERMIT MODIFICATIONS › Section 127.543 - Reopening an operating permit for cause by the EPA

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As required by the Clean Air Act and the
						  regulations thereunder, if the Administrator of the EPA finds that cause exists
						  to terminate, modify or revoke and reissue a permit, the Administrator of the
						  EPA will notify the Department and the permittee of the findings in
						  writing.
(b) The Department will,
						  within 90 days after receipt of the notification, forward to the EPA a proposed
						  determination of termination, modification or revocation and reissuance, as
						  appropriate. The Administrator of the EPA may extend this 90-day period for an
						  additional 90 days if the Administrator finds that a new or revised permit
						  application is necessary or that the Department requires the permittee to
						  submit additional information.
(c)
						  As required by the Clean Air Act and the regulations thereunder, the
						  Administrator of the EPA will review the proposed determination from the
						  Department within 90 days of receipt.
(d) The Department has 90 days from receipt
						  of an EPA objection to resolve an objection that the EPA makes and to
						  terminate, modify or revoke and reissue the permit in accordance with the
						  Administrator of the EPA's objection.
(e) If the Department fails to submit a
						  proposed determination under subsection (b) or fails to resolve an objection
						  under subsection (d), the Administrator of the EPA will terminate, modify or
						  revoke and reissue the permit after taking the following actions:
(1) Providing at least 30 days notice to the
						  permittee in writing of the reasons for the proposed action. This notice may be
						  given during the procedures in subsections (a)-(d).
(2) Providing the permittee an opportunity
						  for comment on the Administrator of the EPA's proposed action and an
						  opportunity for a 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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › GENERAL › Section 127.601 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter establishes the procedure for
							 issuance of general plan approvals and operating permits and plan approval and
							 operating permits for sources operating at multiple temporary
							 locations.
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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › ISSUANCE OF GENERAL PLAN APPROVAL AND GENERAL OPERATING PERMITS › Section 127.611 - General plan approvals and general operating permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department may issue or modify a
						  general plan approval or general operating permit for any category of
						  stationary air contamination source if the Department determines that sources
						  in the category are similar and can be adequately regulated using standardized
						  specifications and conditions.
(b)
						  Prior to issuance or modification, the Department will provide an opportunity
						  for public notice and comment as provided in §
													127.612 (relating to public notice
						  and review period).
(c) Upon
						  issuance or modification of a general plan approval or general operating
						  permit, the Department will publish a notice in the
Pennsylvania
						  Bulletin
of the issuance of the new or modified general plan approval
						  or 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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › ISSUANCE OF GENERAL PLAN APPROVAL AND GENERAL OPERATING PERMITS › Section 127.612 - Public notice and review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will provide notice and an
						  opportunity to comment on a proposed general plan approval or general operating
						  permit. The notice will be published in the
Pennsylvania
						  Bulletin
and in six newspapers of general circulation, one in the area
						  of each Department regional office. The notice will also be sent to the EPA and
						  to Ohio, West Virginia, Virginia, Maryland, Delaware, New Jersey and New
						  York.
(b) The notice will, at a
						  minimum, include the following:
(1) A
						  description of the category of sources to which the general plan approval or
						  general operating permit applies.
(2) The performance standards or emission
						  limits applicable to each source.
(3) The monitoring, recordkeeping and
						  reporting requirements applicable to each source.
(4) The fee required to be paid to operate
						  under the general plan approval or general operating permit.
(5) The duration of the general plan approval
						  or general operating permit.
(6)
						  The name, address and telephone number of the individual from whom a copy of
						  the general plan approval or general operating permit along with supporting
						  documentation may be obtained.
(7)
						  The time period for receipt of public comments, which shall be a minimum of 45
						  days.
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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › USE OF GENERAL PLAN APPROVALS AND PERMITS › Section 127.621 - Application for use of general plan approvals and general operating permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A stationary
						  source proposing to use a general plan approval or general operating permit
						  shall notify the Department on a form provided by the Department and receive
						  prior written approval from the Department prior to operating under the general
						  plan approval or general operating permit.
(b) The application required by this section
						  shall be hand delivered, transmitted by certified mail return receipt requested
						  or submitted electronically.
(c)
						  The Department will take action on the application within 30 days of
						  receipt.
The provisions of this §
															127.621 amended under sections
								5(a)(1) and (8) and 6.1(f) of the Air Pollution Control Act (35 P.S.
								§§
																4005(a)(1) and
								(8) and
								4006.1(f)); and section
								504(d) of the Clean Air Act (42 U.S.C.A. §
																7661c(d)).
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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › USE OF GENERAL PLAN APPROVALS AND PERMITS › Section 127.622 - Compliance with general plan approvals and general operating permit conditions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  stationary source operating under a general plan approval or general operating
						  permit shall comply with the terms and conditions of the general plan approval
						  or general operating permit.
(b)
						  Unless precluded by the Clean Air Act or the regulations thereunder, the permit
						  shield shall apply to general operating permits approved for use at 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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › ISSUANCE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES › Section 127.631 - General plan approvals and operating permits for portable sources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department
						  may issue a plan approval or operating permit to a source or modify a plan
						  approval or operating permit issued to a source operating at multiple temporary
						  locations if the Department determines that the source can be adequately
						  regulated using standardized specifications and conditions.
(b) Prior to issuance or modification, the
						  Department will provide an opportunity for public notice and comment as
						  provided in §
													127.632 (relating to public notice
						  and review period).
(c) Upon
						  issuance of a plan approval or operating permit to a source or modification of
						  a plan approval or operating permit issued to a source operating at multiple
						  temporary locations, the Department will publish a notice in the
Pennsylvania Bulletin
of the issuance of the new or modified
						  plan approval or permit to a source operating at multiple temporary
						  locations.
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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › ISSUANCE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES › Section 127.632 - Public notice and review period

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will provide notice and an
						  opportunity to comment on a proposed plan approval or operating permit to a
						  source operating at multiple temporary locations. The notice will be published
						  in the
Pennsylvania Bulletin
and in six newspapers of general
						  circulation in the area of each Department regional office. The notice will
						  also be sent to the EPA and to Ohio, West Virginia, Virginia, Maryland,
						  Delaware, New Jersey and New York.
(b) The notice will, at a minimum, include
						  the following:
(1) A description of the source
						  to which the plan approval or operating permit to a source operating at
						  multiple temporary locations applies.
(2) The performance standards or emission
						  limits applicable to the source.
(3) The monitoring, recordkeeping and
						  reporting requirements applicable to the source.
(4) The fee required to be paid to operate
						  under the plan approval or operating permit to a source operating at multiple
						  temporary locations.
(5) The
						  duration of the plan approval or operating permit to a source operating at
						  multiple temporary locations.
(6)
						  The name, address and telephone number of the individual from whom a copy of
						  the plan approval or operating permit to a source operating at multiple
						  temporary locations along with supporting documentation may be
						  obtained.
(7) The time period for
						  receipt of public comments, which shall be a minimum of 45 days.
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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › USE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES › Section 127.641 - Application for use of plan approvals and operating permits for portable sources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A source
						  proposing to use a plan approval or an operating permit for a portable source
						  shall notify the Department on a form provided by the Department and receive
						  prior written approval from the Department prior to operating under the plan
						  approval and operating permit for portable sources.
(b) For applications for sources operating at
						  multiple temporary locations the following apply:
(1) A separate application form and fee may
						  be required to be submitted for each location.
(2) The applicant shall notify the Department
						  and the municipality where the operation shall take place in advance of each
						  change in location.
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 H - GENERAL PLAN APPROVALS AND OPERATING PERMITS › USE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES › Section 127.642 - Compliance with general plan approvals and operating permits for portable sources

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A portable
						  source operating under a general plan approval or general operating permit for
						  the portable source shall comply with the terms and conditions of the general
						  plan approval or operating permit for the portable source.
(b) Unless precluded by the Clean Air Act or
						  the regulations thereunder, the permit shield shall apply to general operating
						  permits for portable sources approved for use at 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 I - PLAN APPROVAL AND OPERATING PERMIT FEES › Section 127.701 - General provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
						subchapter establishes fees to cover the direct and indirect costs of
						administering the air pollution control planning process, operating permit
						program required by Title V of the Clean Air Act (42 U.S.C.A. §§
													7661-7661f), other requirements of the
						Clean Air Act, the indirect and direct costs of administering the Small
						Business Stationary Source Technical and Environmental Compliance Assistance
						Program, Compliance Advisory Committee and the Office of Small Business
						Ombudsman and the costs to support the air pollution control program authorized
						by the act.
(b) The fees collected
						under this subchapter shall be made payable to the Pennsylvania Clean Air Fund
						and deposited into the Clean Air Fund established under section 9.2 of the act
						(35
						P. S. §
													4009.2).
(c) Fees collected under this subchapter to
						implement the requirements of Title V of the Clean Air Act and the Small
						Business Stationary Source Technical and Environmental Compliance Assistance,
						Compliance Advisory Committee and the Office of Small Business Ombudsman shall
						be made payable to the Pennsylvania Clean Air Fund and deposited into a
						restricted revenue account within the Clean Air Fund.
The provisions of this §
														127.701 amended under section
							 6.3 of the Air Pollution Control
							 Act (35 P.S. §
															4006.3).
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 I - PLAN APPROVAL AND OPERATING PERMIT FEES › Section 127.702 - Plan approval fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each
						applicant for a plan approval shall, as part of the plan approval application,
						submit the application fees required by this section to the Department. The
						applicable fees required under subsections (b)-(h) are cumulative.
(b) The owner or operator of a source
						requiring approval under Subchapter B (relating to plan approval requirements)
						shall pay a fee equal to:
(1) One thousand
						dollars ($1,000) for applications filed during calendar years
						2005-2020.
(2) Two thousand five
						hundred dollars ($2,500) for applications filed during calendar years
						2021-2025.
(3) Three thousand one
						hundred dollars ($3,100) for applications filed during calendar years
						2026-2030.
(4) Three thousand nine
						hundred dollars ($3,900) for applications filed for the calendar years
						beginning with 2031.
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 I - PLAN APPROVAL AND OPERATING PERMIT FEES › Section 127.703 - Operating permit fees under Subchapter F

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each applicant for an operating permit,
						which is not for a Title V facility, shall, as part of the operating permit
						application and as required on an annual basis, submit the fees required by
						this section to the Department.
(b)
						Each applicant subject to subsection (a) shall pay a fee equal to the
						following, as applicable. These fees apply to the application for a new
						operating permit and for the renewal and reissuance, modification or
						administrative amendment of an operating permit or part thereof or to a
						transfer of an operating permit.
(1) For a new
						operating permit:
(i) Three hundred
						seventy-five dollars ($375) for applications filed during calendar years
						2005-2020.
(ii) Two thousand five
						hundred dollars ($2,500) for applications filed during calendar years
						2021-2025.
(iii) Three thousand one
						hundred dollars ($3,100) for applications filed during calendar years
						2026-2030.
(iv) Three thousand nine
						hundred dollars ($3,900) for applications filed for the calendar years
						beginning with 2031.
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 I - PLAN APPROVAL AND OPERATING PERMIT FEES › Section 127.704 - Title V operating permit fees under Subchapter G

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each applicant for an operating permit,
						which is for a Title V facility, shall, as part of the operating permit
						application and as required on an annual basis, submit the fees required by
						this section to the Department.
(b)
						Each applicant subject to subsection (a) shall pay a fee equal to the
						following, as applicable. These fees apply to the application for a new
						operating permit and for the renewal and reissuance, modification or
						administrative amendment of an operating permit or part thereof or a transfer
						of an operating permit.
(1) For a new
						operating permit:
(i) Seven hundred fifty
						dollars ($750) for applications filed during calendar years
						2005-2020.
(ii) Five thousand
						dollars ($5,000) for applications filed during calendar years
						2021-2025.
(iii) Six thousand three
						hundred dollars ($6,300) for applications filed during calendar years
						2026-2030.
(iv) Seven thousand nine
						hundred dollars ($7,900) for applications filed for the calendar years
						beginning with 2031.