Section 127.83. Adoption of program

The Prevention of Significant Deterioration requirements promulgated in 40 CFR 52 by the Administrator of the EPA under section 161 of the Clean Air Act (42 U.S.C.A. § 7471) are adopted in their entirety by the Department and incorporated herein by reference. The adoption of these requirements supplements the requirements of this chapter and does not supersede or rescind requirements of the act or this article. The term ‘‘Administrator’’ used in 40 CFR 52.21(b)(17), (f)(1)(v), (3) and (4)(i), (g)(1)—(6), (l)(2), (p)(1) and (2) and (t) means the Administrator of the EPA. The term ‘‘Administrator’’ used in 40 CFR 52.21(b)(3)(iii), (r)(2) and (w)(2) means the Administrator of the EPA or the Secretary of the Department. The term ‘‘Administrator’’ means the Department in all other portions of 40 CFR 52.21.

The provisions of this § 127.83 adopted June 17, 1983, effective June 18, 1983, 13 Pa.B. 1940; amended March 17, 1989, effective March 18, 1989, 19 Pa.B. 1169. Immediately preceding text appears at serial page (114831).

Notation

Authority

The provisions of this § 127.83 amended under section 5 of the Air Pollution Control Act (35 P. S. § 4005).

Notes of Decisions

In evaluating application by electric utility for approval of plan to build electric generating plant, Department of Environmental Protection could use significant impact levels (SIL) method to determine whether proposed electric generating plant’s emissions would not cause or contribute to air pollution in nearby national park in violation of national ambient air quality standards or the allowable increment; draft of federal manual for new source review included SIL as a de minims threshold, manual was considered authoritative as a primary guidance document on the degree of increment consumption, and Department’s use of SIL threshold balanced Congress’ intent in passing the Clean Air Act. Croce v. Department of Environmental Protection, 921 A.2d 567, 577-578 (Pa. Cmwlth. 2007).

Department’s consideration of Federal best available control technology criteria when drafting ‘‘best available technology’’ criteria for municipal waste incineration facilities was not an error of law and DER did not err in not requiring that the ‘‘lowest achievable emission rate’’ be included in plan approval application. T.R.A.S.H., Ltd. v. Department of Environmental Resources, 574 A.2d 721 (Pa. Cmwlth. 1990); appeal denied 593 A.2d 429 (Pa. 1990).