25 Pa. Code § 127.11a - Reactivation of sources
(a) Except
as provided by §
127.215 (relating to
reactivation), a source which has been out of operation or production for at
least 1 year but less than or equal to 5 years may be reactivated and will not
be considered a new source if the following conditions are satisfied:
(1) The owner or operator shall, within 1
year of the deactivation submit to the Department and implement a maintenance
plan which includes the measures to be taken, including maintenance, upkeep,
repair or rehabilitation procedures, which will enable the source to be
reactivated in accordance with the terms of the permit issued to the
source.
(2) The owner or operator
shall submit a reactivation plan to the Department for approval at least 60
days prior to the proposed date of reactivation. The reactivation plan shall
include sufficient measures to ensure that the source will be reactivated in
compliance with the permit requirements. The permittee may submit a
reactivation plan to the Department at any time during the term of its
operating permit. The reactivation plan may also be submitted to and reviewed
by the Department as part of the plan approval or permit application or renewal
process.
(3) The owner or operator
of the source shall submit a notice to the Department within 1 year of
deactivation requesting preservation of emissions in the inventory and
indicating the intent to reactivate the source.
(4) The owner or operator of the source shall
comply with the terms and conditions of the maintenance plan while the source
is deactivated, and shall comply with the terms of the reactivation plan and
operating permit upon reactivation.
(5) The owner or operator of the source with
an approved reactivation plan and operating permit shall notify the Department
in writing at least 30 days prior to reactivation of the
source.
(b) A source which
has been out of operation or production for more than 5 years but less than 10
years may be reactivated and will not be considered a new source if the
following conditions are satisfied:
(1) The
owner or operator of the source complies with the requirements of subsection
(a).
(2) The owner or operator of
the source obtains a plan approval and operating permit which requires that the
emission of air contaminants from the source will be controlled to the maximum
extent, consistent with the best available technology as determined by the
Department as of the date of reactivation.
(c) A source which has been out of operation
for 10 or more years shall meet the requirements of this chapter applicable to
a new source.
(d) Other provisions
of this section to the contrary notwithstanding, a source that is out of
production or operation on November 26, 1994, shall have 1 year to demonstrate
compliance with the requirements of subsection (a)(1), (3) and (4).
(e) A source located in a nonattainment area
that would emit an air contaminant related to the nonattainment designation or
a source that would emit NOx or VOC emissions may not be
reactivated unless the proposed emissions are included in the SIP emission
inventory or until the proposed emissions of these contaminants from the source
are submitted to and approved by the EPA as an amendment of the SIP. The
Department may refuse to allow reactivation of such a source for
cause.
(f) The source shall have an
operating permit prior to reactivation.
Notes
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