Section 127.531. Special conditions related to acid rain

(a) This section describes the permit program for acid deposition control in accordance with Titles IV and V of the Clean Air Act (42 U.S.C.A. § § 7641 and 7642 and 7661—7661f). The provisions of this section shall be interpreted in a manner consistent with the Clean Air Act and the regulations thereunder.

(b) The owner or operator or the designated representative of each affected source under section 405 of the Clean Air Act (42 U.S.C.A. § 7651d) shall submit a permit application and compliance plan for the affected source to the Department within 120 days from notice by the Department to submit an application but no later than January 1, 1996, for sulfur dioxide, and no later than January 1, 1998, for NO_x, that meets the requirements of this chapter, the Clean Air Act and the regulations thereunder.

(c) In the case of affected sources for which an application and plan are timely received, the permit application and the compliance plan, including amendments thereto, shall be binding on the owner or operator or the designated representative of the owner or operator and shall be enforceable as a permit for purposes of this section until a permit is issued by the Department.

(d) A permit issued under this section shall require the source to achieve compliance as soon as possible but no later than the date required by the Clean Air Act or the regulations thereunder for the source.

(e) At any time after the submission of a permit application and compliance plan, the applicant may submit a revised application and compliance plan. In considering a permit application and compliance plan under this section, the Department will coordinate with the Pennsylvania Public Utility Commission consistent with the requirements established by the EPA.

(f) In addition to the other requirements of this chapter, permits issued under this section shall prohibit the following:

(1) Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide that the owner or operator or designated representative holds for the unit.

(2) Exceeding applicable emission rates or standards, including ambient air quality standards.

(3) The use of an allowance prior to the year for which it is allocated.

(4) Contravention of other provisions of the permit.

(g) Each permit issued to a source under Title IV of the Clean Air Act shall contain a condition prohibiting emissions exceeding any allowances that the source lawfully holds under Title IV of the Clean Air Act or the regulations thereunder.

(1) A permit revision will not be required for increases in emissions that are authorized by allowances acquired pursuant to the acid rain program, if the increases do not require a permit revision under another applicable requirement.

(2) A limit will not be placed on the number of allowances held by the source. The source may not, however, use allowances as a defense to noncompliance with another applicable requirement.

(3) An allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Clean Air Act.