§ 127.403. Permitting of sources operating lawfully without a permit.
(a) A stationary air contamination source operating lawfully without a permit for which fees required by Subchapter I (relating to plan approval and operating permit fees) have been paid is authorized to continue to operate without a permit until 120 days after the Department provides notice to the source that a permit application is required or until November 1, 1996, whichever occurs first.
(b) If the applicant submits a complete permit application within the time frame required by this section and the Department fails to issue a permit through no fault of the applicant, the source may continue to operate if the fees required by Subchapter I have been paid and the source is operated in conformance with the act, the Clean Air Act and the regulations thereunder.
(c) For a performance or emission standard or other requirement established by the EPA or the Department for the source subsequent to July 9, 1992, but prior to the permit issuance date, the permit may contain a compliance schedule authorizing the source to operate out of compliance and requiring the source to achieve compliance as soon as possible but no later than the time required by the act, the Clean Air Act or the regulations thereunder.
(d) For the purposes of this section, a source is operating lawfully without a permit if it is a source for which no permit was previously required and the source is operating in compliance with applicable regulatory requirements.
Cross References This section cited in 25 Pa. Code § 145.306 (relating to standard requirements); and 25 Pa. Code § 145.321 (relating to general requirements for a permit incorporating CO2 Budget Trading Program requirements).
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