§ 127.412. Compliance review forms.
(a) This section establishes the compliance review procedures applicable during the review of an application for an operating permit, including a general operating permit.
(b) Each applicant for an operating permit shall, as part of the application or on a periodic basis as authorized under subsection (j), submit a compliance review on a form provided by the Department signed by a corporate officer or other responsible official of the facility and containing a verification that the information contained in the application is true and correct to the best of the signatory’s belief formed after reasonable inquiry.
(c) The compliance review form shall provide information related to the compliance status of the applicant and related parties including the following:
(1) The name, address, telephone number, taxpayer identification number and plan approval or application number.
(2) The form of management under which the applicant conducts its business and a brief description of the types of business activities performed.
(3) The name and location, including both the address and the municipality and county, telephone number and relationship to the applicant (parent, subsidiary or general partner) of all related parties in this Commonwealth.
(4) The name and business address of the plant manager and general partner of the applicant.
(5) A list of plan approvals and operating permits issued by the Department or the Allegheny County or Philadelphia County air pollution control agencies to the applicant or related parties that are in effect at the time of application or were in effect during the previous 5 years. The list shall include each plan approval and operating permit number, locations and expiration dates.
(6) A list of documented conduct and deviations by the applicant or a related party. The list shall include the date, location, plan approval or operating permit number, nature of the documented conduct or deviation, and the incident status—litigation, existing/continuing, corrected and date of correction. Unless specifically required by the Department, the applicant is not required to report deviations which have been previously reported to the Department in writing under the requirements of this title related to monitoring and reporting requirements.
(d) The applicant shall update the compliance review form if documented conduct or deviations occur from the date of the submission of the application through the date of operating permit issuance.
(e) The Department may establish a supplemental compliance review form that may be used to update information submitted on the compliance review form.
(f) If the Department finds that the applicant or related party has an existing or continuing violation or lacks the intention or ability to comply with the act, or the rules or regulations promulgated under the act, or a plan approval operating permit or order of the Department, as indicated by past or present violations, the Department will attempt to resolve the violations or lack of intention or ability to comply informally.
(g) If the Department is unable to resolve the violation or lack of intention or ability to comply on an informal basis, the Department will place the violation and may place the lack of intention or ability to comply on the compliance docket. The violation or lack of intention or ability to comply shall remain on the compliance docket until it is resolved to the satisfaction of the Department.
(h) An operating permit will not be issued to an applicant or related party if a violation or lack of intention or ability to comply at a source owned or operated by the applicant or a related party appears on the compliance docket.
(i) A permittee or applicant may appeal to the EHB a violation or lack of intention or ability to comply which the Department places on the compliance docket.
(j) Other provisions of this section notwithstanding, a source may, upon approval by the Department, submit the compliance review form required by this section on a periodic basis of not less than once every 6 months. The owners and operators of the facility shall make an election to submit the compliance review information on a periodic basis or as part of the operating permit application with the submission of the first operating permit filed after November 26, 1994, or by making an election in writing by May 26, 1995. The facility may only change the election with the approval of the Department in writing or upon renewal of the first filed permit or a Title V permit.
(k) The owners and operators of the facility shall have reasonable procedures in place to insure that documented conduct and deviations are identified and made part of the compliance review information submitted to the Department.
Notes of Decision Compliance Docket
The Department of Environmental Protection did not err in placing asphalt plant operator on the air quality compliance docket due to operator’s lack of intention and ability to comply with the Air Pollution Control Act (35 P. S. § § 4001—4106) and the Department regulations; operator was cited for 43 air quality violations at three quarries over 4-year time period, had been operating in a near constant state of noncompliance, and failed to submit abatement plans required by the Department. Eureka Stone Quarry v. Dep’t of Envtl. Protection, 957 A.2d 337, 346-347 (Pa. Cmwlth. 2008).
Cross References This section cited in 25 Pa. Code § 127.464 (relating to transfer of operating permits).
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