Section 127.505. Initial application submittal for Title V facilities

(a) The owner or operator of a Title V facility shall submit the Title V operating permit application within 120 days after the Department provides notice to the owner or operator that the application is due or by November 27, 1995, whichever is earlier.

(b) The Department will make a completeness determination within the timeframe established under § 127.421(a) (related to review of applications).

(c) If the applicant submits a complete application within the time frames required by this section and the Department fails to issue a permit through no fault of the applicant, the Title V facility may continue to operate if the fees required by Subchapter I (relating to plan approval and operating permit fees) have been paid and the source is operated in conformance with the act, the Clean Air Act and the regulations thereunder.

(d) The terms and conditions of an existing operating permit issued to the source shall continue pending issuance of a permit under Title V.

(e) An applicant meeting the requirements of subsections (a) and (c) shall have an application shield. The application shield shall cease if the source fails to provide information requested by the Department which is necessary to evaluate the Title V permit application.