Subchapter H. GENERAL PLAN APPROVALS AND
OPERATING PERMITS
GENERAL Sec.
127.601. Scope.
ISSUANCE OF GENERAL PLAN APPROVAL AND GENERAL OPERATING PERMITS
127.611. General plan approvals and general operating permits.
127.612. Public notice and review period.
USE OF GENERAL PLAN APPROVALS AND PERMITS
127.621. Application for use of general plan approvals and general operating permits.
127.622. Compliance with general plan approvals and general operating permit conditions.
ISSUANCE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES
127.631. General plan approvals and operating permits for portable sources.
127.632. Public notice and review period.
USE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES
127.641. Application for use of plan approvals and operating permits for portable sources.
127.642. Compliance with general plan approvals and operating permits for portable sources.
Source The provisions of this Subchapter H adopted November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899, unless otherwise noted.
Cross References This subchapter cited in 25 Pa. Code § 127.3 (relating to operational flexibility); 25 Pa. Code § 127.514 (relating to general operating permits of Title V facilities); 25 Pa. Code § 127.515 (relating to operating permits for portable sources at Title V facilities); and 25 Pa. Code § 127.710 (relating to fees for the use of general plan approvals and general operating permits under Subchapter H).
GENERAL
§ 127.601. Scope.
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.
ISSUANCE OF GENERAL PLAN APPROVAL AND GENERAL OPERATING PERMITS
§ 127.611. General plan approvals and general operating permits.
(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.
§ 127.612. Public notice and review period.
(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.
(c) The Department will retain each comment received on a proposed general plan approval or general operating permit.
(d) The Department will publish notice of the issuance of each general plan approval and general operating permit in the Pennsylvania Bulletin after the following conditions have been met:
(1) The requirements for notice contained in subsections (a) and (b) have been met.
(2) A determination has been made by the Department that the sources in a category are similar and can be adequately regulated using standardized specifications and conditions.
Cross References This section cited in 25 Pa. Code § 127.611 (relating to general plan approvals and general operating permits); and 25 Pa. Code § 127.710 (relating to fees for the use of general plan approvals and general operating permits under Subchapter H).
USE OF GENERAL PLAN APPROVALS AND PERMITS
§ 127.621. Application for use of general plan approvals and general operating permits.
(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.
Authority The provisions of this § 127.621 amended under sections 5(a)(1) and (8) and 6.1(f) of the Air Poll-ution 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)).
Source The provisions of this § 127.621 amended November 9, 2018, effective November 10, 2018, 48 Pa.B. 7117. Immediately preceding text appears at serial page (222030).
§ 127.622. Compliance with general plan approvals and general operating permit conditions.
(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.
ISSUANCE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES
§ 127.631. General plan approvals and operating permits for portable sources.
(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.
§ 127.632. Public notice and review period.
(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 tem-porary 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.
(c) The Department will retain each comment received on a proposed plan approval or operating permit to a source operating at multiple temporary locations.
(d) The Department will publish notice of the issuance of each plan approval and operating permit to a source operating at multiple temporary locations in the Pennsylvania Bulletin following the requirements for notice contained in subsections (a) and (b).
Cross References This section cited in 25 Pa. Code § 127.631 (relating to general plan approvals and operating permits for portable sources); and 25 Pa. Code § 127.710 (relating to fees for the use of general plan approvals and general operating permits under Subchapter H).
USE OF PLAN APPROVALS AND OPERATING PERMITS FOR PORTABLE SOURCES
§ 127.641. Application for use of plan approvals and operating permits for portable sources.
(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.
(c) The application required by this section shall be submitted to the Department.
(d) The Department will take action on the application within 30 days of receipt.
Authority The provisions of this § 127.641 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. § 4005(a)(1) and (8)).
Source The provisions of this § 127.641 amended December 20, 2019, effective December 21, 2019, 49 Pa.B. 7404. Immediately preceding text appears at serial pages (369717) to (369718).
§ 127.642. Compliance with general plan approvals and operating permits for portable sources.
(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.
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