Pennsylvania Code
Title 25 - ENVIRONMENTAL PROTECTION
Part I - Department of Environmental Protection
Subpart C - Protection of Natural Resources
Article III - Air Resources
Chapter 127 - CONSTRUCTION, MODIFICATION, REACTIVATION AND OPERATION OF SOURCES
Subchapter F - OPERATING PERMIT REQUIREMENTS
PERMIT APPLICATIONS
Section 127.411 - Content of applications

Universal Citation: 25 PA Code § 127.411

Current through Register Vol. 55, No. 13, March 29, 2025

(a) An application for an operating permit shall:

(1) Identify the location of the source and the name, title, address and telephone number of the individual responsible for the operation of the source.

(2) Contain information that is requested by the Department and is necessary to perform a thorough evaluation of the air contamination aspects of the source.

(3) Include the information contained in the plan approval application.

(4) Demonstrate that:

(i) The source is equipped with reasonable and adequate facilities to monitor and record the emissions of air contaminants and the operating conditions which may affect the emissions of air contaminants.

(ii) The records are being and will continue to be maintained.

(iii) The records will be submitted to the Department at specified intervals or upon request.

(5) Demonstrate that the source is complying with applicable requirements of this article and requirements promulgated by the Administrator of the EPA under the Clean Air Act.

(6) Demonstrate that the emissions from a new source are the minimum attainable through the use of the best available technology as required by the plan approval.

(7) Demonstrate that the source is not preventing or adversely affecting the attainment or maintenance of ambient air quality standards when requested by the Department.

(8) Contain a plan of action for the reduction of emissions during each level specified in Chapter 137 (relating to air pollution episodes) when required by the Department.

(9) Demonstrate that the provisions of § 127.413 (relating to municipal notification) have been met. The applicant shall submit a copy of the notification letter and proof that the notice was received.

(10) Contain a plan for dealing with air pollution emergencies, when requested by the Department or when required by the Clean Air Act or the regulations adopted under the act or the Clean Air Act.

(11) Demonstrate that the source and the air cleaning devices are being and will be operated and maintained in accordance with good air pollution control practices.

(12) Contain a completed compliance review form or reference the most recently submitted compliance review form for facilities submitting compliance review forms on a periodic basis.

(b) The Department will not approve an application which fails to meet the requirements of subsection (a).

(c) The records, reports or information obtained by the Department or referred to at public hearings shall be available to the public, except as provided in subsection (d).

(d) Upon cause shown by any person that the records, reports or information, or a particular portion thereof, but not emission data, to which the Department has access under the provisions of the act, if made public, would divulge production or sales figures or methods, processes or production unique to that person or would otherwise tend to affect adversely the competitive position of that person by revealing trade secrets, including intellectual property rights, the Department will consider the record, report or information, or particular portion thereof confidential in the administration of the act. The Department will implement this section consistent with sections 112(d) and 114(c) of the Clean Air Act (42 U.S.C.A. §§ 7412(d) and 7414(c)). Nothing in this section prevents the disclosure of the report, record or information to Federal, State or local representatives as necessary for purposes of administration of Federal, State or local air pollution control laws, or when relevant in any proceeding under the act.

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