Section 127.12. Content of applications

(a) An application for approval shall:

(1) Identify the location of the source and the name, title, address and telephone number of the individual responsible for the operation of the source.

(2) Contain information that is requested by the Department and is necessary to perform a thorough evaluation of the air contamination aspects of the source.

(3) Show that the source will be equipped with reasonable and adequate facilities to monitor and record the emissions of air contaminants and operating conditions which may affect the emissions of air contaminants and that the records are being and will continue to be maintained and that the records will be submitted to the Department at specified intervals or upon request.

(4) Show that the source will comply with applicable requirements of this article and requirements promulgated by the Administrator of the EPA under the Clean Air Act (42 U.S.C.A. § § 7401—7706).

(5) Show that the emissions from a new source will be the minimum attainable through the use of the best available technology.

(6) Show that the source will not prevent or adversely affect the attainment or maintenance of ambient air quality standards when requested by the Department.

(7) Contain a plan of action for the reduction of emissions during each level specified in Chapter 137 (relating to air pollution episodes), when required by the Department.

(8) Show that the provisions of § 127.43a (relating to municipal notification) have been met. The applicant shall submit a copy of the notification letter and proof that the notice was received.

(9) Contain a plan for dealing with air pollution emergencies, when requested by the Department, or when required by the Clean Air Act.

(10) Show that the source and the air cleaning devices are capable of being and will be operated and maintained in accordance with good air pollution control practices.

(11) Contain a completed compliance review form or reference the most recently submitted compliance review form for facilities submitting a compliance review form on a periodic basis.

(b) The Department will not approve an application which fails to meet the requirements of subsection (a). An approval may be granted with appropriate conditions.

(c) The records, reports or information obtained by the Department or referred to at public hearings shall be available to the public, except as provided in subsection (d).

(d) Upon cause shown by any person that the records, reports or information, or a particular portion thereof, but not emission data, to which the Department has access under the act, if made public, would divulge production or sales figures or methods, processes or production unique to that person or would otherwise tend to affect adversely the competitive position of that person by revealing trade secrets, including intellectual property rights, the Department will consider the record, report or information, or particular portion thereof confidential in the administration of the act. The Department will implement this section consistent with sections 112(d) and 114(c) of the Clean Air Act (42 U.S.C.A. § § 7412(d) and 7414(c)). Nothing in this section prevents disclosure of the report, record or information to Federal, State or local representatives as necessary for purposes of administration of Federal, State or local air pollution control laws, or when relevant in a proceeding under the act.

The provisions of this § 127.12 adopted September 10, 1971, effective September 11, 1971, 1 Pa.B. 1804; amended March 3, 1972, effective March 20, 1972, 2 Pa.B. 383; amended March 17, 1989, effective March 18, 1989, 19 Pa.B. 1169; amended November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899. Immediately preceding text appears at serial pages (185997) to (185998).

Notation

Notes of Decisions

Double Jeopardy

Department of Environmental Resources’ appeal to Commonwealth Court after the granting of a demurrer in county court was barred by the concept of double jeopardy. Department of Environmental Resources v. Monarch Pallet Corp., 532 A.2d 1246 (Pa. Cmwlth. 1987).

Cross References

This section cited in 25 Pa. Code § 129.15 (relating to coke pushing operations); 25 Pa. Code § 139.51 (relating to purpose); and 25 Pa. Code § 283.218 (relating to air resources protection).