Section 127.523. Public petitioners to the Administrator of the EPA

(a) As provided by the Clean Air Act and the regulations thereunder, if the Administrator of the EPA does not object in writing under § 127.522(f)—(h) (relating to operating permit application review by the EPA and affected states), a person may petition the Administrator of the EPA within 60 days after the expiration of the Administrator of the EPA’s 45-day review period to make the objection.

(b) The petition shall be based only on objections to the permit that were raised with reasonable specificity during the public comment period, unless the petitioner demonstrates that it was impracticable to raise the objections within the period, or unless the grounds for the objection arose after the period.

(c) If the Administrator of the EPA objects to the permit as a result of a petition filed under this section, the Department will suspend the permit until the EPA’s objection has been resolved, except that a petition does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day review period and prior to an EPA objection.

(d) If the Department has issued a permit prior to receipt of an EPA objection under this section, the Administrator of the EPA as authorized by the Clean Air Act and the regulations thereunder, may modify, terminate or revoke the permit and the Department may thereafter issue only a revised permit that satisfies the EPA’s objection.

(e) In any case, the source will not be in violation of the requirement to have submitted a timely and complete application.