25 Pa. Code § 127.462 - Minor operating permit modifications
(a) Stationary air contamination sources and
facilities may make minor permit modifications on an expedited basis under this
section.
(b) The owner or operator
of the facility shall submit to the Department, on a form provided by or
approved by the Department, a brief description of the change, the date on
which the change is to occur and the proposed language for revising the
operating permit conditions proposed to be changed. The form shall be submitted
to the Department by hand delivery or certified mail, return receipt
requested.
(c) At the time of
submission of the application for a minor permit modification, the owner and
operator shall notify the municipality where the source or facility is located
under section 1905-A of The Administrative Code of 1929 (71 P. S. §
510-5), any state within 50 miles of the
location of the source or facility or whose air quality may be affected by the
change and the EPA and shall also publish a notice in a local newspaper of
general circulation briefly describing the change including a change in actual
emissions, of any air contaminant that would occur as a result of the
change.
(d) The notice required by
subsection (c) shall clearly indicate that a person may comment to the
Department and the source or facility concerning the proposed change within 21
days from the date of submission of the proposed minor permit modification to
the Department and the EPA.
(e) The
Department will have 21 days in the absence of receipt of public comments and
28 days if public comments are received from receipt of the application for a
minor permit modification to seek additional information or to disapprove the
change.
(f) The source or facility
may make the change subject to subsequent review and final action by the
Department and the EPA under one of the following conditions:
(1) After the 21st day following submission
under subsection (b) if the Department has received no public objection and
does not otherwise object to the change.
(2) After the 28th day following submission
under subsection (b) if the Department has received a public objection within
21 days of the submission which the Department determines is not bona fide and
the Department does not disapprove the proposed change or require it to be
processed as a plan approval or significant modification.
(g) Unless precluded by the Clean Air Act or
the regulations thereunder, the permit shield described in §
127.516 (relating to permit
shield) shall extend to an operational flexibility change authorized by this
section.
(h) The Department will
take final action on the proposed change within 60 days of receipt of the
complete application for the minor permit modification and, after taking final
action, will publish notice of the action in the Pennsylvania
Bulletin.
(i) Approval of a
minor permit modification for a physical change of minor significance
authorized under §
127.14(c)(1)
(relating to exemptions) is also approval of the request for minor significance
determination for the physical change.
(j) For purposes of this section, a bona fide
public objection is one that provides factual or other relevant information
that the change does not meet the requirements for a minor modification or that
objects to the change because of its impact on air
quality.
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