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PA Bulletin, Doc. No. 24-1057

NOTICES

DEPARTMENT OF
ENVIRONMENTAL PROTECTION

Change in Practice Regarding Title V Operating Permit Application Submissions to Meet Federal Clean Air Act Requirements

[54 Pa.B. 4404]
[Saturday, July 27, 2024]

 The Department of Environmental Protection (Department) is providing notice of a change in practice regarding when the owners or operators of new or modified Title V facilities are required to submit a Title V Operating Permit application to ensure compliance with sections 501—507 of the Federal Clean Air Act (CAA) (42 U.S.C. §§ 7661—7661f) and implementing regulations under 40 CFR Part 70 (relating to state operating permit programs).

 The Commonwealth's regulations under 25 Pa. Code Chapter 127, Subchapter F (relating to operating permit requirements) provide that an operating permit cannot be issued unless the source is constructed and is operating in accordance with the conditions of the plan approval. See 25 Pa. Code § 127.402(c) (relating to general provisions). However, the regulations under Subchapter F and Subchapter G (relating to Title V operating permits) do not specify when an owner or operator shall submit a Title V Operating Permit application. Under section 503(b) of the CAA (42 U.S.C. § 7661b(c)) and implementing regulations in 40 CFR 70.5(a) (relating to permit applications), an owner or operator of a Title V facility is required to submit a Title V Operating Permit application within 12 months of beginning operation.

 The Department is requiring the owners or operators of new or modified major facilities currently authorized for temporary operation under a plan approval for more than 12 months to submit a Title V Operating Permit application on or before November 25, 2024. The requirement to submit a Title V Operating Permit application within 12 months of beginning operation will also apply to the owners or operators of new or modified Title V facilities authorized and operating under a plan approval after July 27, 2024.

 Questions regarding this notice may be directed to the Bureau of Air Quality at ra-epair@pa.gov.

JESSICA SHIRLEY, 
Acting Secretary

[Pa.B. Doc. No. 24-1057. Filed for public inspection July 26, 2024, 9:00 a.m.]


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