Section 127.503. Application information  


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  • The owner or operator shall include the following in the Title V permit application:

    (1) Identifying information, including company name and address, or plant name and address if different from the company name, owner’s name and agent and telephone number and names of plant site manager/contact.

    (2) A description of the source’s processes and products, by standard industrial classification code, including those associated with each alternate operating scenario identified by the source.

    (3) The following emissions-related information:

    (i) Emissions of air contaminants for which the facility is a Title V facility, and emissions of regulated air pollutants. A permit application shall describe emissions of regulated air pollutants emitted from a stationary air contamination source. The Department may require additional information related to the emissions of air contaminants sufficient to verify which requirements are applicable to each source, and other information necessary to collect permit fees owed under Subchapter I (relating to plan approval and operating permit fees).

    (ii) Identification and description of the points of emissions described in subparagraph (i) in sufficient detail to establish the basis for fees and applicability of the Clean Air Act.

    (iii) Emissions rates in tons per year and in terms necessary to establish compliance consistent with the applicable emission limit and standard reference test method.

    (iv) The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates and operating schedules.

    (v) Identification and description of air pollution control equipment and compliance monitoring devices or activities including enhanced monitoring protocols required by 40 CFR Part 64 (relating to enhanced monitoring).

    (vi) Limitations on source operation affecting emissions or work practice standards, when applicable, for Title V regulated pollutants at each stationary air contamination source.

    (vii) Other information required by an applicable requirement, including information related to stack height limitations developed under section 123 of the Clean Air Act (42 U.S.C.A. § 7423).

    (viii) Calculations on which the information in subparagraphs (i)—(vii) is based.

    (4) The following air pollution control requirements:

    (i) The citation and description of applicable requirements.

    (ii) A description of or reference to an applicable test method for determining compliance with each applicable requirement.

    (5) Other specific information that may be necessary to implement and enforce other applicable requirements of the act, the Clean Air Act, this article or 40 CFR Part 70 (relating to state operating permit program) or to determine the applicability of the requirements.

    (6) An explanation of proposed exemptions from otherwise applicable requirements.

    (7) Additional information as determined to be necessary by the Department to define alternate operating scenarios identified by the source under § 127.447 (relating to alternate operating scenarios) or to define permit terms and conditions implementing § 127.448 (relating to emissions trading at facilities with Federally enforceable emission cap).

    (8) A compliance plan for Title V facilities that contains the following information:

    (i) A description of the compliance status of each stationary air contamination source with respect to applicable requirements.

    (ii) A description as follows:

    (A) A statement that the Title V facility will continue to comply with the requirements, for applicable requirements with which the Title V facility is in compliance.

    (B) A statement that the Title V facility will meet the requirements on a timely basis, for applicable requirements that will become effective during the permit term.

    (C) A narrative description of how the Title V facility will achieve compliance with the requirements, for requirements for which the Title V facility is not in compliance at the time of permit issuance.

    (iii) A compliance schedule as follows:

    (A) A statement that the Title V facility will continue to comply with the requirements, for applicable requirements with which the Title V facility is in compliance.

    (B) A statement that the Title V facility will meet the requirements on a timely basis, for applicable requirements that will become effective during the permit term. A statement that the Title V facility will meet in a timely manner applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement or the Department.

    (C) A schedule of compliance that includes a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with applicable requirements for which the source will be in noncompliance at the time of permit issuance including stipulated penalties for failure to meet a milestone, for Title V facilities that are not in compliance with the applicable requirements at the time of the permit applications. This compliance schedule shall resemble and be at least as stringent as that contained in a judicial consent decree or administrative order to which the source is subject. This schedule of compliance will be supplemental to, and will not sanction noncompliance with, the applicable requirements on which it is based.

    (iv) A schedule for submission of certified progress reports at least every 6 months for Title V facilities required to have a schedule of compliance to remedy a violation.

    (9) The compliance plan content requirements in this section shall apply and be included in the acid rain portion of a compliance plan for an affected Title V facility, except as specifically superseded by regulations promulgated under Title IV of the Clean Air Act (42 U.S.C.A. § § 7641 and 7642) with regard to the schedule and methods the source will use to achieve compliance with the acid rain emissions limitations.

    (10) A requirement for compliance certification, including the following:

    (i) A certification of compliance with applicable requirements by a responsible official consistent with § 127.513 (relating to compliance certification) and section 114(a)(3) of the Clean Air Act (42 U.S.C.A. § 7414(a)(3)).

    (ii) A statement of methods used for determining compliance, including a description of monitoring, recordkeeping and reporting requirements and test methods.

    (iii) A schedule for submission of compliance certification during the permit term, to be submitted at least annually or more frequently if specified by the underlying applicable requirement or by the Department.

    (iv) A statement indicating the Title V facility’s compliance status with applicable enhanced monitoring and compliance certification requirements of the Clean Air Act, the act or the regulations thereunder.

    (11) A requirement for the use of Nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Clean Air Act.