§ 127.462. Minor operating permit modifications.
(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.
(g) 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.
(h) The Department will take final action on the proposed change within 60 days of receipt of the complete application for the minor permit modification and, after taking final action, will publish notice of the action in the Pennsylvania Bulletin.
(i) Approval of a minor permit modification for a physical change of minor significance authorized under § 127.14(c)(1) (relating to exemptions) is also approval of the request for minor significance determination for the physical change.
(j) For purposes of this section, a bona fide public objection is one that provides factual or other relevant information that the change does not meet the requirements for a minor modification or that objects to the change because of its impact on air quality.
Cross References This section cited in 25 Pa. Code § 127.3 (relating to operational flexibility); 25 Pa. Code § 127.14 (relating to exemptions); and 25 Pa. Code § 127.424 (relating to public notice).
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