Section 127.522. Operating permit application review by the EPA and affected states

(a) The Department will provide to the Administrator of the EPA a copy of each permit application, including an application for permit modification, each proposed permit and each final Title V permit. The applicant may be required by the Department to provide a copy of the permit application, including the compliance plan, directly to the Administrator of the EPA. Upon agreement with the Administrator of the EPA, the Department may submit to the Administrator of the EPA a permit application summary form and relevant portions of the permit application and compliance plan, in place of the complete permit application and compliance plan. To the extent practicable, the preceding information shall be provided in computer-readable format compatible with the EPA’s National database management system.

(b) As authorized by the Clean Air Act and the regulations thereunder, the Administrator of the EPA may waive the requirements of subsections (a) and (d) for a category of sources, including a class, type or size within the category, other than Title V facilities according to one of the following:

(1) By regulation for a category of sources Nationwide.

(2) At the time of approval of the Commonwealth program for a category of sources covered by the operating permit program.

(c) The Department will keep the records for 5 years and submit to the Administrator of the EPA information the Administrator of the EPA may reasonably require to ascertain whether the Commonwealth’s program complies with the Clean Air Act.

(d) The Department will give notice of each proposed permit to a State within 50 miles of the Title V facility and any contiguous State whose air quality may be affected on or before the time that the Department provides this notice to the public.

(e) The Department, as part of the submittal of the proposed permit to the Administrator of the EPA, or as soon as possible after the submittal for minor permit modification, will notify the Administrator of the EPA and any state within 50 miles of the Title V facility and any contiguous State whose air quality may be affected in writing of the refusal by the Department to accept the recommendations for the proposed permit that the state within 50 miles of the Title V facility and any contiguous State whose air quality may be affected submitted during the public or state’s review period. The notice shall include the Department’s reasons for not accepting the recommendation. The Department is not required to accept recommendations that are not based on applicable requirements or the requirements of this part.

(f) As required by the Clean Air Act and the regulations thereunder, the Administrator of the EPA will object to the issuance of a proposed permit determined by the Administrator of the EPA not to be in compliance with applicable requirements. A permit for which an application shall be transmitted to the Administrator of the EPA under this section will not be issued if the Administrator of the EPA objects to its issuance in writing within 45 days of receipt of the proposed permit and the necessary supporting information. The final permit shall be provided to EPA upon issuance if material substantive changes are made to the proposed permit. If the EPA objects to issuance of the permit within 45 days, the permit will be revoked.

(g) As required by the Clean Air Act and the regulations thereunder, an EPA objection under this section shall include a statement of the Administrator of the EPA’s reasons for objection and a description of the terms and conditions that the permit shall include to respond to the objections. The Administrator of the EPA will provide the permit applicant a copy of the objection.

(h) The failure of the Department to do one or more of the following also constitutes grounds for an objection:

(1) Comply with subsections (a)—(e).

(2) Submit information necessary to review adequately the proposed permit.

(3) Process the permit under the procedures of this subchapter except for minor permit modifications.

(i) If the Department fails, within 90 days after the date of an objection under subsection (f), to revise and submit a proposed permit in response to the objection, the Administrator of the EPA will issue or deny the permit in accordance with the requirements of the Federal program promulgated under Title V of the Clean Air Act (42 U.S.C.A. § § 7661—7661f).

Notation

Cross References

This section cited in 25 Pa. Code § 127.523 (relating to public petitioners to the administrator of the EPA).