Subchapter G. TITLE V OPERATING PERMITS
GENERAL Sec.
127.501. Scope.
127.502. Sources included within a Title V facility.
127.503. Application information.
127.504. Source category exemptions.
127.505. Initial application submitted for Title V facilities.
PERMIT CONDITIONS
127.511. Monitoring and related recordkeeping and reporting requirements.
127.512. Operating permit terms and conditions.
127.513. Compliance certification.
127.514. General operating permits at Title V facilities.
127.515. Operating permits for portable sources at Title V facilities.
127.516. Permit shield.
PUBLIC NOTICE
127.521. Additional public participation provisions.
127.522. Operating permit application review by the EPA and affected states.
127.523. Public petitioners to the Administrator of the EPA.
127.524. Prohibition on default issuance.
ACID RAIN
127.531. Special conditions related to acid rain.
PERMIT MODIFICATIONS
127.541. Significant operating permit modifications.
127.542. Revising an operating permit for cause.
127.543. Reopening an operating permit for cause by the EPA.
Source The provisions of this Subchapter G adopted November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 127.12b (relating to plan approval terms and conditions).
GENERAL
§ 127.501. Scope.
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).
§ 127.502. Sources included within a Title V facility.
(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.
§ 127.503. Application information.
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.
(4) The following air pollution control requirements:
(i) The citation and description of applicable requirements.
(ii) A description of or reference to an applicable test method for determining compliance with each applicable requirement.
(5) Other specific information that may be necessary to implement and enforce other applicable requirements of the act, the Clean Air Act, this article or 40 CFR Part 70 (relating to state operating permit program) or to determine the applicability of the requirements.
(6) An explanation of proposed exemptions from otherwise applicable requirements.
(7) Additional information as determined to be necessary by the Department to define alternate operating scenarios identified by the source under § 127.447 (relating to alternate operating scenarios) or to define permit terms and conditions implementing § 127.448 (relating to emissions trading at facilities with Federally enforceable emission cap).
(8) A compliance plan for Title V facilities that contains the following information:
(i) A description of the compliance status of each stationary air contamination source with respect to applicable requirements.
(ii) A description as follows:
(A) A statement that the Title V facility will continue to comply with the requirements, for applicable requirements with which the Title V facility is in compliance.
(B) A statement that the Title V facility will meet the requirements on a timely basis, for applicable requirements that will become effective during the permit term.
(C) A narrative description of how the Title V facility will achieve compliance with the requirements, for requirements for which the Title V facility is not in compliance at the time of permit issuance.
(iii) A compliance schedule as follows:
(A) A statement that the Title V facility will continue to comply with the requirements, for applicable requirements with which the Title V facility is in compliance.
(B) A statement that the Title V facility will meet the requirements on a timely basis, for applicable requirements that will become effective during the permit term. A statement that the Title V facility will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement or the Department.
(C) A schedule of compliance that includes a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with applicable requirements for which the source will be in noncompliance at the time of permit issuance including stipulated penalties for failure to meet a milestone, for Title V facilities that are not in compliance with the applicable requirements at the time of the permit applications. This compliance schedule shall resemble and be at least as stringent as that contained in a judicial consent decree or administrative order to which the source is subject. This schedule of compliance will be supplemental to, and will not sanction noncompliance with, the applicable requirements on which it is based.
(iv) A schedule for submission of certified progress reports at least every 6 months for Title V facilities required to have a schedule of compliance to remedy a violation.
(9) The compliance plan content requirements in this section shall apply and be included in the acid rain portion of a compliance plan for an affected Title V facility, except as specifically superseded by regulations promulgated under Title IV of the Clean Air Act (42 U.S.C.A. § § 7641 and 7642) with regard to the schedule and methods the source will use to achieve compliance with the acid rain emissions limitations.
(10) A requirement for compliance certification, including the following:
(i) A certification of compliance with applicable requirements by a responsible official consistent with § 127.513 (relating to compliance certification) and section 114(a)(3) of the Clean Air Act (42 U.S.C.A. § 7414(a)(3)).
(ii) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping and reporting requirements and test methods.
(iii) A schedule for submission of compliance certification during the permit term, to be submitted at least annually or more frequently if specified by the underlying applicable requirement or by the Department.
(iv) A statement indicating the Title V facility’s compliance status with applicable enhanced monitoring and compliance certification requirements of the Clean Air Act, the act or the regulations thereunder.
(11) A requirement for the use of Nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Clean Air Act.
§ 127.504. Source category exemptions.
(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).
§ 127.505. Initial application submittal for Title V facilities.
(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.
PERMIT CONDITIONS
§ 127.511. Monitoring and related recordkeeping and reporting requirements.
(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.
(b) With respect to recordkeeping, the permit shall incorporate applicable recordkeeping requirements and require, when applicable, the following:
(1) Records of required monitoring information that include the following:
(i) The date, place as defined in the permit, and time of sampling or measurements.
(ii) The dates the analyses were performed.
(iii) The company or entity that performed the analyses.
(iv) The analytical techniques or methods used.
(v) The results of the analyses.
(vi) The operating conditions as existing at the time of sampling or measurement.
(2) Retention of records of the required monitoring data and supporting information for at least 5 years from the date of the monitoring sample, measurement, report or application. Supporting information includes calibration and maintenance records and original strip-chart recordings for continuous monitoring instrumentation, and copies of reports required by the permit.
(c) With respect to reporting, the permit shall incorporate the applicable reporting requirements and require the following:
(1) Submittal of reports of required monitoring at least every 6 months. Instances of deviations from permit requirements shall be clearly identified in the reports. Required reports shall be certified by a responsible official.
(2) Reporting of deviations from permit requirements within the time required by the terms and conditions of the permit including those attributable to upset conditions as defined in the permit, the probable cause of the deviations and corrective actions or preventive measures taken, except that sources with continuous emission monitoring systems shall report according to the protocol established and approved by the Department for the source.
Cross References This section cited in 25 Pa. Code § 123.22 (relating to combustion units); 25 Pa. Code § 129.52a (relating to control of VOC emissions from large appliance and metal furniture surface coating processes); 25 Pa. Code § 129.52b (relating to control of VOC emissions from paper, film and foil surface coating processes); and 25 Pa. Code § 129.52c (relating to control of VOC emissions from flat wood paneling surface coating processes).
§ 127.512. Operating permit terms and conditions.
(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.
(2) The need to halt or reduce activity is not a defense. It is not a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity to maintain compliance with the conditions of this permit.
(3) The permit may be modified, revoked, reopened and reissued or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay a permit condition.
(4) The permit does not convey property rights of any sort, or an exclusive privilege.
(5) The permittee shall furnish to the Department, within a reasonable time, information that the Department may request in writing to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Department copies of records required to be kept by the permit or, for information claimed to be confidential, the permittee may furnish the records directly to the Administrator of the EPA along with a claim of confidentiality.
(d) The permit shall contain a provision to ensure that a Title V facility pays fees to the Department consistent with Subchapter I (relating to plan approval and operating permit fees).
(e) The permit shall contain a provision stating that a permit revision is not required, under approved economic incentives, marketable permits, emissions trading and other similar programs or processes for changes that are provided for in the permit.
(f) The permit shall contain terms and conditions for reasonably anticipated operating scenarios identified by the source in its application and approved by the Department. The terms and conditions:
(1) Shall require the source, when operating under the permit and contemporaneously with making a change from one operating scenario to another, to record in a permitting log at the permitted facility a record of the scenario under which it is operating.
(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 that the terms and conditions of each alternative scenario meet the applicable requirements and the requirements of this part.
(g) The permit shall contain terms and conditions, if the permit applicant requests them, for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading the increases and decreases. The terms and conditions:
(1) Shall include the terms required by this article to determine compliance.
(2) Shall extend the permit shield described in § 127.516 to the terms and conditions that allow the increases and decreases in emissions unless precluded by the Clean Air Act and the regulations thereunder.
(3) Shall meet the applicable requirements and requirements of this article.
(h) The permit shall contain emission limits and standards, including those operational requirements and limitations that assure compliance with the applicable requirements at the time of permit issuance.
(i) The permit shall contain a requirement that the permittee develop an accident release program consistent with the Clean Air Act and the regulations thereunder.
(j) Except when precluded by the Clean Air Act, the regulations thereunder or of this title, if the permit contains emission limitations for VOCs or PM10 but does not specifically limit the emissions of pollutants regulated under section 112 of the Clean Air Act (42 U.S.C.A. § 7412) the permit shall contain a requirement that the permittee can modify the mixture of pollutants regulated under section 112 which are VOCs or PM10 so long as the emission limitations of the permit are not violated. The permittee shall keep a log which identifies the mixture of pollutants regulated under section 112 and report the changes in the mixture of pollutants regulated under section 112 with the next report required to be provided to the Department.
§ 127.513. Compliance certification.
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.
(3) A schedule of compliance consistent with § 127.445 (relating to operating permit compliance schedules).
(4) Progress reports consistent with the applicable schedule of compliance to be submitted at least semiannually, or at a more frequent period if specified in the applicable requirement or by the Department. The progress reports shall contain the following:
(i) The dates for achieving the activities, milestones or compliance required in the schedule of compliance, and dates when the activities, milestones or compliance were achieved.
(ii) An explanation of why dates in the schedule of compliance were not or will not be met, and the preventive or corrective measures adopted or proposed to be adopted.
(5) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards or work practices. Permits shall include the following:
(i) The frequency, not less than annually or more frequent periods as specified in the applicable requirement or by the Department, of submissions of compliance certifications.
(ii) A means of monitoring the compliance of the source with its emissions limitations, standards and work practices, consistent with the requirements of this article.
(iii) A requirement that the compliance certification include the following:
(A) The identification of each term or condition of the permit that is the basis of the certification.
(B) The compliance status.
(C) The methods used for determining the compliance status of the source, currently and over the reporting period.
(D) Whether compliance was continuous or intermittent.
(E) Other facts the Department may require to determine the compliance status of the source.
(iv) A requirement that compliance certifications be submitted to the Administrator of the EPA, as well as to the Department.
(v) Additional requirements as may be specified under sections 114(a)(3) and 504(b) of the Clean Air Act (42 U.S.C.A. § § 7414(a)(3) and 7661(c).
(6) Other provisions the Department may require.
Cross References This section cited in 25 Pa. Code § 127.503 (relating to application information).
§ 127.514. General operating permits at Title V facilities.
(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).
§ 127.515. Operating permits for portable sources at Title V facilities.
(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.
§ 127.516. Permit shield.
(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.
(b) A Title V permit that does not expressly state that a permit shield exists shall be presumed not to provide such a shield.
(c) Nothing in this section or in a Title V permit alters or affects the following:
(1) The provisions of section 303 of the Clean Air Act (42 U.S.C.A. § 7603) (emergency orders); including the authority of the Administrator of the EPA under that section.
(2) The liability of an owner or operator of a source for a violation of an applicable requirement prior to or at the time of permit issuance.
(3) The applicable requirements of the acid rain program, consistent with section 408(a) of the Clean Air Act (42 U.S.C.A. § 7651g(a)).
(4) The ability of the EPA to obtain information from a source under section 114 of the Clean Air Act (42 U.S.C.A. § 7414).
Cross References This section cited in 25 Pa. Code § 127.447 (relating to alternate operating scenarios); 25 Pa. Code § 127.448 (relating to emissions trading at facilities with Federally enforceable emissions cap); 25 Pa. Code § 127.449 (relating to de minimis emission increases); 25 Pa. Code § 127.450 (relating to administrative operating permit amendments); 25 Pa. Code § 127.462 (relating to minor operating permit modifications); 25 Pa. Code § 127.465 (relating to significant operating permit modification procedures); 25 Pa. Code § 127.512 (relating to operating permit terms and conditions); and 25 Pa. Code § 127.514 (relating to general operating permits at Title V facilities).
PUBLIC NOTICE
§ 127.521. Additional public participation provisions.
(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.
(d) The Department will provide the notice and opportunity for participation by affected states as is provided by § 127.522 (relating to operating permit application review by the EPA and affected states).
(e) The Department will provide at least 30 days for public comment and will give notice of a public hearing at least 30 days in advance of the hearing.
(f) The Department will keep a record of the commentators and also of the issues raised during the public participation process so that the Administrator of the EPA may fulfill his obligation under section 505(b)(2) of the Clean Air Act (42 U.S.C.A. § 7661d(b)(2)) to determine whether a citizen petition may be granted. The records will be available to the public.
Cross References This section cited in 25 Pa. Code § 127.218 (relating to PALs).
§ 127.522. Operating permit application review by the EPA and affected states.
(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.
(c) The Department will keep the records for 5 years and submit to the Administrator of the EPA information the Administrator of the EPA may reasonably require to ascertain whether the Commonwealth’s program complies with the Clean Air Act.
(d) The Department will give notice of each proposed permit to a State within 50 miles of the Title V facility and any contiguous State whose air quality may be affected on or before the time that the Department provides this notice to the public.
(e) The Department, as part of the submittal of the proposed permit to the Administrator of the EPA, or as soon as possible after the submittal for minor permit modification, will notify the Administrator of the EPA and any state within 50 miles of the Title V facility and any contiguous State whose air quality may be affected in writing of the refusal by the Department to accept the recommendations for the proposed permit that the state within 50 miles of the Title V facility and any contiguous State whose air quality may be affected submitted during the public or state’s review period. The notice shall include the Department’s reasons for not accepting the recommendation. The Department is not required to accept recommendations that are not based on applicable requirements or the requirements of this part.
(f) As required by the Clean Air Act and the regulations thereunder, the Administrator of the EPA will object to the issuance of a proposed permit determined by the Administrator of the EPA not to be in compliance with applicable requirements. A permit for which an application shall be transmitted to the Administrator of the EPA under this section will not be issued if the Administrator of the EPA objects to its issuance in writing within 45 days of receipt of the proposed permit and the necessary supporting information. The final permit shall be provided to EPA upon issuance if material substantive changes are made to the proposed permit. If the EPA objects to issuance of the permit within 45 days, the permit will be revoked.
(g) As required by the Clean Air Act and the regulations thereunder, an EPA objection under this section shall include a statement of the Administrator of the EPA’s reasons for objection and a description of the terms and conditions that the permit shall include to respond to the objections. The Administrator of the EPA will provide the permit applicant a copy of the objection.
(h) The failure of the Department to do one or more of the following also constitutes grounds for an objection:
(1) Comply with subsections (a)—(e).
(2) Submit information necessary to review adequately the proposed permit.
(3) Process the permit under the procedures of this subchapter except for minor permit modifications.
(i) If the Department fails, within 90 days after the date of an objection under subsection (f), to revise and submit a proposed permit in response to the objection, the Administrator of the EPA will issue or deny the permit in accordance with the requirements of the Federal program promulgated under Title V of the Clean Air Act (42 U.S.C.A. § § 7661—7661f).
Cross References This section cited in 25 Pa. Code § 127.523 (relating to public petitioners to the administrator of the EPA).
§ 127.523. Public petitioners to the Administrator of the EPA.
(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.
§ 127.524. Prohibition on default issuance.
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.
ACID RAIN
§ 127.531. Special conditions related to acid rain.
(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.
(g) Each permit issued to a source under Title IV of the Clean Air Act shall contain a condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Clean Air Act or the regulations thereunder.
(1) A permit revision will not be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, if the increases do not require a permit revision under another applicable requirement.
(2) A limit will not be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with another applicable requirement.
(3) An allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Clean Air Act.
PERMIT MODIFICATIONS
§ 127.541. Significant operating permit modifications.
(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.
§ 127.542. Revising an operating permit for cause.
(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.
(b) Proceedings to revise a permit shall follow the same procedures as apply to initial permit issuance and shall affect only parts of the permit for which cause to revise exists. The revision shall be made as expeditiously as practicable.
§ 127.543. Reopening an operating permit for cause by the EPA.
(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.
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