Allegheny County, PA Article III Operating Permits

§ 505-24 Transition.

A. The owners or operators of all sources either subject to § 505-26A or applying as a synthetic minor under § 505-26A(2)(d) of this article, as of the applicable dates set forth in this Subsection A, shall submit to the Department in accordance with all applicable requirements of this chapter, complete permit applications, including all applicable fees, for the initial operating permits following the effective date of this article:

(1) For all such sources primarily situated in Air Pollution Control Zone 1 of the County, bounded by the Allegheny County-Butler County line, the main channels of the Allegheny and Ohio Rivers, and the Allegheny County-Beaver County line, by no later than November 27, 1995;

(2) For all such sources primarily situated in Air Pollution Control Zone 2 of the County, bounded by the Allegheny County-Westmoreland County line and the main channels of the Monongahela and Allegheny Rivers, by no later than November 27, 1995; and

(3) For all such sources primarily situated in Air Pollution Control Zone 3 of the County, bounded by the Allegheny County-Washington County line, the Allegheny County-Beaver County line, and the main channels of the Ohio and Monongahela Rivers, by no later than November 27, 1995.

B. The owners or operators of all sources subject to § 505-25A, but not subject to § 505-26A nor applying as a synthetic minor under § 505-26A(2)(d), of this article, as of the applicable dates set forth in this Subsection B shall submit to the Department in accordance with all applicable requirements of this chapter, complete permit applications, including all applicable fees, for the initial operating permits following the effective date of this article:

(1) For all such sources primarily situated in Air Pollution Control Zone 1 of the County, bounded by the Allegheny County-Butler County line, the main channels of the Allegheny and Ohio Rivers, and the Allegheny County-Beaver County line, by no later than February 1, 1996;

(2) For all such sources primarily situated in Air Pollution Control Zone 2 of the County, bounded by the Allegheny County-Westmoreland County line and the main channels of the Monongahela and Allegheny Rivers, by no later than April 1, 1996; and

(3) For all such sources primarily situated in Air Pollution Control Zone 3 of the County, bounded by the Allegheny County-Washington County line, the Allegheny County-Beaver County line, and the main channels of the Ohio and Monongahela Rivers, by no later than June 3, 1996.

§ 2103.01 - Allegheny County Air Quality Operating Permit Air Pollution Control Zones

C. Final action shall be taken by the Department on all complete permit applications for the initial operating permits following the effective date of this article, submitted in accordance with Subsections A and B of this section:

(1) For all such sources requiring a major operating permit or applying as a synthetic minor under § 505-26A(2)(d), and primarily situated in Air Pollution Control Zone 1 of the County, including approximately one-third of the major sources in the County, by no later than September 15, 1997, or for major sources by no later than 12 months following publication of EPA's approval of the County's major source operating permit program under 40 CFR Part 70, whichever is sooner;

(2) For all such sources requiring a major operating permit or applying as a synthetic minor under § 505-26A(2)(d), and primarily situated in Air Pollution Control Zone 2 of the County, including approximately one-third of the major sources in the County, by no later than April 15, 1998, or for major sources by no later than 24 months following publication of EPA's approval of the County's major source operating permit program under 40 CFR Part 70, whichever is sooner;

(3) For all such sources requiring a major operating permit or applying as a synthetic minor under § 505-26A(2)(d), and primarily situated in Air Pollution Control Zone 3 of the County, including approximately one-third of the major sources in the County, by no later than November 16, 1998, or for major sources by no later than 36 months following publication of EPA's approval of the County's major source operating permit program under 40 CFR Part 70, whichever is sooner;

(4) For all other such sources primarily situated in Air Pollution Control Zone 1 of the County, by no later than February 2, 1998;

(5) For all other such sources primarily situated in Air Pollution Control Zone 2 of the County, by no later than August 3, 1998; and

(6) For all other such sources primarily situated in Air Pollution Control Zone 3 of the County, by no later than February 1, 1999.

§ 505-25 Operating permits (all major and minor permits).

A. Applicability, prohibitions, records.

[Amended 3-31-1998]

(1) Applicability. This section shall apply to all sources and air pollution control equipment, including those subject to § 505-26A of this article, located within the County, except those exempted under Subsection A(2) of this section.

(2) Exemptions. Sources consisting solely of the following, and modifications consisting solely of the following and complying with § 505-25E(5)(e), are exempted from the obligation to obtain operating permits, or to modify operating permits, under this section or § 505-26 of this article and to obtain installation permits under Article II of this chapter, except if specifically required to be permitted under § 505-26A(1) or modified under § 505-25E or § 505-26F of this chapter:

(a) All sources and source categories that would be required to obtain a permit solely because they are subject to 40 CFR Part 61, Subpart M - National Emission Standard for Hazardous Air Pollutants for Asbestos, Section 61.145, Standard for Demolition and Renovation;

(b) Abrasive blasting of any surface, structure, or part thereof subject to, or expressly exempt from, § 505-48B of this chapter, except for blasting which is part of a process not otherwise exempt from this section;

(c) Open burning;

(d) Fuel-burning or combustion equipment having a net load rating of 500,000 BTU's per hour or less, if such equipment is fully or partially fired with coal;

(e) Fuel-burning or combustion equipment having a net load rating of 2,500,000 BTU's per hour or less, if such equipment is fired only with fuels other than coal, but fully or partially with fuels other than those set forth under Subsection A(2)(f) below;

(f) Fuel-burning or combustion equipment having a net load rating of 10,000,000 BTU's per hour or less, if such equipment is fired only with natural gas supplied by a public utility, liquefied petroleum gas, or by commercial virgin fuel oils which are No. 2 or lighter, have a viscosity less than or equal to 5.82 c St, meet all sulfur content requirements for permitted sources, meet all sulfur dioxide emission limit requirements of § 505-33 of this chapter, and contain no reprocessed, recycled, or waste material;

(g) Space heaters which heat by direct heat transfer;

(h) Domestic heating plants and domestic refuse-burning equipment;

(i) All sources that would be required to obtain a permit solely because they are subject to 40 CFR Part 60, Subpart AAA § 60.530 et seq. - Standards of Performance for New Residential Wood Heaters;

(j) Laboratory equipment used exclusively for chemical or physical analyses;

(k) Motor vehicles and other mobile sources;

(l) Other sources and classes of sources, and physical changes to sources, determined to be of minor significance by the DEP pursuant to 25 Pa. Code § 127.14(a)(8) and (9) and (d), which are incorporated by reference, or by the Department in accordance with criteria and guidance published by the DEP. Additions, revisions, or deletions to the list of sources and classes of sources, and physical changes, so determined pursuant to 25 Pa. Code § 127.14(a)(8) and (9) and (d) are incorporated into this chapter and are effective on the date established by the state regulations, unless otherwise established by regulation under this chapter;

(m) Any fuel-burning equipment, gas turbine, or internal combustion engine with an annual capacity factor of less than 5%, that operates less than 500 hours in any consecutive twelve-month period, and which is used solely for emergency power generation;

(n) Air conditioning or ventilation systems not designed to remove pollutants generated by or released from other sources.

(3) Prohibitions.

(a) Prohibition of operating without a permit. Except as otherwise expressly provided under this section, no source subject to this section maybe operated, or allowed to operate, after the time a complete operating permit application for such source is required to be submitted under this article, except in compliance with an operating permit issued under this section.

(b) Exception. If a timely and complete application for an operating permit or renewal or modification of an operating permit is submitted for a source under this section, and through no fault of the applicant such permit has not yet been issued, the failure of such source to have a permit under this section is not a violation of this chapter until the Department takes final action on the permit application, but only if during the period in which the Department is reviewing the application for such permit:

[1] Any and all required installation permits have been issued for such source or equipment pursuant to this chapter, and in the case of a source subject to § 505-45 of this article such installation permits have been subject to public review under § 505-17H or § 505-18 of this chapter and are federally enforceable;

[2] The source or equipment is being operated in compliance with § 505-17G above and all terms and conditions contained in any required installation permits;

[3] The source or equipment is being operated in compliance with all terms and conditions contained in the operating permits last issued to the source and the fees have been paid as required by § 505-28A of this chapter.

[4] The source or equipment is being operated in compliance with all applicable requirements under this chapter;

[5] To the extent not inconsistent with Subsection A(3)(b)[2], [3] and [4] above, the source or equipment is being operated in compliance with all terms and conditions contained in the pending operating permit application;

[6] The Department has determined that operation of the source or equipment during such period is not likely to prevent the attainment and maintenance of any ambient air quality standard established by this chapter, endanger the public health, safety, or welfare, or otherwise interfere with the purposes of this chapter; and

[7] The applicant has not failed to submit by the deadlines specified in writing by the Department any additional information identified as being needed to process the application.

(c) Prohibition of operation in violation of conditions. It shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter for any person to fail to comply with any terms or conditions set forth in any permit issued pursuant to this section.

B. Applications.

(1) Generally.

(a) The submittal of a complete application under this section shall not affect any other requirements that any source has under this chapter.

(b) Except for major sources, where a source only requires one permit, multiple permits, each for a portion of the source, may be applied for, but only where the issuance of such multiple permits is determined by the Department to be in the best interest of administratively efficient and effective permitting and regulatory enforcement of the source. Such separate permits can not, however, act to change any of the applicable requirements for the source or any of the applicable emission fees. In addition, all of the separate permits will each require the same administrative fees as the one permit would have required.

(2) Content requirements. All applications under this section shall provide all of the following information sufficient for the Department to evaluate the subject source, including all activities which are exempted because of size or production rate, and to determine all applicable requirements, including fee amounts, on standard application forms provided by the Department:

(a) Identifying information, including operator company name and address, plant name and address if different from the company name, owner's name and agent, and telephone numbers, names, and titles of plant site manager and contact person.

(b) A description of the source's processes and products (by Standard Industrial Classification Code) including any associated with each alternative operating scenario identified by the source pursuant to this section.

(c) The following emissions-related information for all emissions of regulated air pollutants:

[1] The nature and amounts of all emissions of regulated air pollutants emitted from any emissions unit and from all associated mobile sources, including all fugitive emissions in the same manner as stack emissions;

[2] Identification and description of all points of emissions in sufficient detail to establish the basis for fees and applicability of requirements of this chapter;

[3] Potential and actual emissions rates in tons per year (tpy) and in such units as are necessary to establish compliance consistent with the applicable standard reference test methods;

[4] Types and amounts of fuels used, types and amounts of raw materials used, production rates, and operating schedules to the extent it is needed to determine or regulate emissions;

[5] Identification and description of air pollution control equipment and compliance monitoring devices or activities;

[6] Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated air pollutants at the source;

[7] Other information required by any applicable requirement, including information related to any applicable stack height limitations, and all other emission characteristics including all stack or emission point parameters; and

[8] Calculations on which the information in Subsection B(2)(c)[1] A through [7] of this subsection is based.

(d) The following air pollution control requirements information:

[1] Citation and description of all applicable emissions limitations and operating, monitoring, recordkeeping, reporting, and permitting requirements; and

[2] Description of or reference to any applicable test method for determining compliance with each applicable requirement.

(e) Other specific information that may be necessary to implement and enforce other applicable requirements of this chapter, to determine the applicability of such requirements, or to establish a federally enforceable emissions cap.

(f) An explanation of any proposed exemptions from otherwise applicable requirements.

(g) Additional information as determined to be necessary by the Department to define alternative operating scenarios identified by the source pursuant to this section or to define any permit terms and conditions.

(h) A compliance plan, and schedule if necessary, for all sources that contains all of the following:

[1] A description of the compliance status of the source with respect to all applicable requirements;

[2] For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements;

[3] For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis, including a detailed schedule if expressly required by the applicable requirement;

[4] For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements;

[5] A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance:

[a] Including a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with all applicable requirements for which the source will be in noncompliance at the time of permit issuance; and

[b] That is at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based; and

[6] A schedule for submission of certified progress reports no less frequently than every six months for sources required to have a schedule of compliance to remedy a violation.

(i) Requirements for compliance certification, including the following:

[1] A certification of compliance with all applicable requirements by a responsible official consistent with the requirements for such certification under § 505-14 of this chapter;

[2] A statement of methods used for determining compliance, including a description of monitoring, recordkeeping, and reporting requirements and test methods; and

[3] A schedule for submission of compliance certifications during the permit term, to be submitted at least annually, or more frequently if specified by the underlying applicable requirement or by the Department.

(3) Annual operating permit application/administration fee and additional annual fees. On the date that an application for an operating permit is submitted under this section, and on or before the last day of the month in which such application was submitted in each year thereafter, while such application is being reviewed and then during the term of any permit subsequently issued, the owner or operator of such source shall submit to the Department, in addition to all applicable emission fees, all applicable administration fees in amounts determined under, and in accordance with, the requirements of § 505-47 of this Part.

(4) Initial review.

(a) Completeness. Unless the Department notifies the applicant of its determination that an application under this section is not complete, or requests additional information from the applicant, within 60 days of receipt of the application, including all applicable fees, such application shall be deemed to be complete.

[1] The Department will determine if an application is complete within 60 days from receipt of the application. An application is complete if it contains sufficient information to determine all applicable requirements and begin processing the application, has the applicable sections completed, and has been signed by a responsible official.

[2] Except as provided in § 505-24 of this chapter, the Department will approve or disapprove a complete application within 18 months after the date of receipt of a complete application.

[3] The submission of a complete application does not affect the requirement to obtain an installation permit as required by this chapter.

(b) Supplemental information.

[1] The applicant shall provide additional information as necessary to address requirements that become applicable to the source after the date it files a complete application but prior to the Department taking action on the permit application.

[2] The applicant shall provide supplementary facts or corrected information upon becoming aware that it has submitted incorrect information or failed to submit relevant facts.

[3] Except as otherwise required by this chapter, the Clean Air Act, or the regulations thereunder, the permittee shall submit additional information as necessary to address changes occurring at the source after the date it files a complete application but prior to the Department taking action on the permit application.

[4] The applicant shall submit information requested by the Department which is reasonably necessary to evaluate the permit application.

(5) Public notice of preliminary approval. All permit proceedings under this section, including initial permit issuance, modifications, and renewals, shall include the following procedures for public notice including offering an opportunity for public comment and an opportunity for a hearing on the draft permit:

(a) Notice shall be given: by publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice; and by other means if deemed necessary by the Department to assure adequate notice to the affected public;

(b) The notice shall identify the source and its location; the name and address of the permittee; the name and address of the County Health Department Bureau of Environmental Quality; the activity or activities involved in the permit action; the emissions changes involved in any permit modification; the name, address, and telephone number of a Department representative from whom interested persons may obtain additional information, including copies of the draft permit, the application, the compliance plan, monitoring and compliance certifications, all relevant supporting materials, and all other materials available to the Department that are relevant to the permit decision; a brief description of the comment procedures under this Subsection; and a statement of procedures to request a hearing;

(c) The Department shall provide at least 30 days for public comment and shall give notice of any public hearing at least 30 days in advance of the hearing, except for minor modification applications which shall only require a twenty-one-day public comment period; and

(d) For at least two years following final action on an application, the Department shall keep a record of the commenters and also of the issues raised during the public participation process, and such records shall be available to the public.

(6) Final action. Unless otherwise specifically provided under this Part, within 18 months of the date of a submittal of a complete application, including all applicable fees, for an operating permit under this section, including applications for permit modifications and renewals, the Department shall take final action on such application, except that for initial permit applications submitted under § 505-24 of this article, the Department shall take final action on such application within 18 months of a complete submittal of an application or within the specific applicable deadline set forth under § 505-24, whichever is later. A failure by the Department to take action in accordance with this subsection constitutes a final action by the Department for the sole purpose of being appealable. The Court of Common Pleas may require that the Department take action on an application without further delay.

(7) Advance notice. In addition to all other notice requirements under this article, the Department shall cause to be published a public notice of all permit applications received as soon as is practicable after such applications have been deemed to be complete. At the time of publication of such notice, the applicant shall cause a copy of such notice to be sent to all municipalities in which the source for which the application has been submitted is located as required by Section 1905-A of the Pa. Administrative Code of 1929 (71 P.S. § 510-5).

(8) Miscellaneous notice requirements. Except as specifically otherwise provided under this chapter, the requirements promulgated by the Pa. Environmental Quality Board and Dept. of Environmental Protection (DEP) under the Pa. Air Pollution Control Act at 25 Pa. Code §§ 127.424, 127.425, and 127.431, and the related definitions at 25 Pa. Code § 121.1, are hereby incorporated, by reference, into this chapter. Additions, revisions, and deletions to such requirements adopted by the EQB and the DEP are incorporated into this chapter and are effective on the date established by the state regulations, unless otherwise established by regulation under this chapter.

C. Issuance, standard conditions.

[Amended 3-22-1998]

(1) Standards for issuance. The Department shall not issue or reissue any operating permit, or any amended, revised, or modified operating permit, under this section, unless it has:

(a) Conducted, or has caused to be conducted, such tests, observations, inspections, and the like necessary to evaluate compliance with this section;

(b) Received a complete application, including all applicable fees, meeting all applicable requirements of this chapter, and which demonstrates that:

[1] The source or air pollution control equipment was constructed or modified in compliance with all terms and conditions contained in all applicable installation permits;

[2] The source complies with all applicable emission limitations established by this chapter, or where no such limitations have been established by this chapter, RACT has been applied to existing sources with respect to those pollutants regulated by this chapter;

[3] The conditions of the permit provide for and require compliance with all applicable requirements, including but not limited to all applicable requirements of this chapter and all applicable NSPS's, existing and new source MACT standards, Generally Achievable Control Technology (GACT) standards, all regulations promulgated by EPA under § 112(r) of the Clean Air Act, and NESHAP's established by the EPA, and where no applicable MACT emission limitations have been established by EPA after the federal deadline set for such establishment, such determinations of MACT as shall be made on a case-by-case basis by the Department;

[4] For new sources, BACT has been applied;

[5] Emissions from the source will not endanger the public health, safety, or welfare;

[6] Emissions from the source will not prevent the attainment and maintenance of any ambient air quality standard established by § 505-8 of this chapter at any location within the Commonwealth, nor will such emissions interfere with reasonable further progress toward the attainment of the NAAQS's; provided, however, that nothing herein contained shall preclude the applicant from agreeing to a more stringent emission limitation than established by this chapter or securing enforceable emission reductions from existing sources so that such prevention or interference will not occur;

[7] For new or reconstructed major sources of hazardous air pollutants or modifications of such sources, the proposed source or modification will comply with all applicable MACT standards, and where no applicable MACT emission limitation has been established by EPA, such determination of MACT as shall be made on either a case-by-case or source category basis by the Department under federal regulations promulgated pursuant to Section 112(g) of the Clean Air Act. A person appealing the establishment of a performance or emission standard by the Department under this Subparagraph shall have the burden to demonstrate that the performance or emission standard does not meet the requirements of Section 112 of the Clean Air Act;

[8] The standards established under this section shall be incorporated into the installation permit of each source within the category or subcategory for which a MACT requirement has been established. The Department has the authority to require, in the installation permit, reasonable monitoring, recordkeeping, and reporting requirements for sources which emit hazardous air pollutants;

[9] In addition to the requirements of this section, the Department is authorized to require that new sources demonstrate in the installation permit application that the source will reduce or control emissions of air pollutants, including hazardous air pollutants, by using BACT; and

[10] For purposes of the regulation of hazardous air pollutants under Section 112 of the Clean Air Act, the term performance standard includes design, equipment, work practice, and operational standards or a combination thereof; and

(c) Complied with all applicable public notice and participation requirements under this section.

(2) Prohibition of default issuance. No operating permit under this article, including a permit renewal or modification, shall be issued after a certain time because the Department has failed to take action on the application, nor shall any such permit be issued by default.

(3) (Reserved)

(4) Noncomplying sources. An operating permit may be issued under this section for an existing source which cannot demonstrate compliance with the applicable emission limitations established by this chapter if such permit, in addition to meeting all other applicable requirements under this article, also expressly includes conditions constituting an enforceable compliance schedule for achieving, demonstrating, and maintaining compliance with such emissions limitations.

(5) Term.

(a) An operating permit shall remain valid for five years from the date of issuance, or such other shorter period if required by the Clean Air Act, unless revoked pursuant to this chapter, and operating permits issued prior to the effective date of this chapter shall remain valid for the term set forth in § 505-5 of this chapter, provided that the existence of such permit shall not prevent the revocation of such permit pursuant to this chapter, nor shall such permit operate to relieve in any manner any person from the duty to fully comply with the requirements of this chapter.

(b) An operating permit for a noncomplying source issued under Subsection C(4) of this section shall be deemed revoked and not valid after the date for compliance established by the compliance schedule required by this section if compliance has not been demonstrated by such date. Noncomplying source operating permits issued prior to the effective date of this chapter shall remain valid for a term as set forth by § 505-5 of this chapter and the provisions of this article, or until such compliance date, whichever is earlier, provided that the existence of such permit shall not prevent revocation of such permit pursuant to this section, nor shall such permit operate to relieve in any manner any person from the duty to fully comply with the requirements of this chapter, except as set forth in the compliance schedule under this section.

(c) The terms and conditions of an expired permit are automatically continued pending the issuance of a new permit when the permittee has submitted a timely and complete application and paid the fees required by § 505-28A of this chapter and the Department is unable, through no fault of the permittee, to issue or deny a new permit before the expiration of the previous permit.

(6) Standard general requirements. All permits issued under this section shall include the following provisions:

(a) The permittee shall comply with all permit conditions and all other applicable requirements at all times. Any permit noncompliance constitutes a violation of this chapter, the Pa. Air Pollution Control Act, and the federal Clean Air Act, and is grounds for any and all enforcement action, including, but not limited to, permit termination, revocation and reissuance, or modification, and denial of a permit renewal application;

(b) It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit;

(c) The permit may be modified; revoked, reopened, and reissued; or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition. No permit revision shall be required, under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes, for changes that are provided for in the permit;

(d) The permit does not convey any property rights of any sort, or any exclusive privilege;

(e) The permittee shall furnish to the Department in writing, within a reasonable time, any information that the Department may request to determine whether cause exists for modifying, revoking and reissuing, or terminating the permit or to determine compliance with the permit. Upon request, the permittee shall also furnish to the Department copies of any records required to be kept by the permit; and

(f) Terms and conditions, if the permit applicant requests them, for the establishment of a source-wide emissions cap and the trading of emissions increases and decreases within the permitted source, to the extent that the applicable requirements do not prohibit trading such increases and decreases without a case-by-case approval of each emissions trade.

(g) Except where precluded under the Clean Air Act or federal regulations promulgated under the Clean Air Act, terms and conditions, if the permit limits the emissions of VOC's or PM-10 but does not limit the emissions of any hazardous air pollutants, that provide that the mixture of hazardous air pollutants which are VOC's or PM-10 can be modified so long as no permit emission limitations are violated. A log of all mixtures and changes shall be kept and reported with the next report required to the Department after each change.

(7) Standard emission limit requirements. All permits issued under this section shall include the following elements with respect to emission limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance:

(a) Specification and reference to the origin of and authority for each term or condition and identification of any differences in form between permit terms and conditions and the applicable requirements on which the terms or conditions are based; and

(b) For permits containing a determination that an alternative emission limit at a source is equivalent to or more stringent than the applicable regulatory limit, provisions to ensure that such alternative emission limit has been, and can be, demonstrated to be quantifiable, enforceable, and based on replicable procedures.

(8) Standard compliance requirements. All permits issued under this section shall include the following elements with respect to compliance:

(a) Consistent with the other requirements of this chapter, compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. Any document, including reports, required by a permit under this section shall contain a certification by a responsible official that meets the requirements of § 94-14 of this chapter.

(b) Requirements that, upon presentation of credentials and other documents as may be required by law, the permittee shall allow authorized Department and other federal, state, County, and local government representatives to:

[1] Enter upon the permittee's premises where a permitted source is located or emissions-related activity is conducted, or where records are or should be kept under the conditions of the permit;

[2] Have access to and copy and remove, at reasonable times, any records that must be kept under the conditions of the permit;

[3] Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit; and

[4] As authorized by either this chapter or the Clean Air Act, sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements.

(c) A schedule of compliance consistent with the requirements of this chapter.

(d) Progress reports consistent with an applicable schedule of compliance and the requirements of this chapter to be submitted at least semiannually, or at a more frequent period if specified in the permit by the Department or in other applicable requirements. Such progress reports shall contain the following:

[1] Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones or compliance were achieved; and

[2] An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

(e) Requirements for compliance certification with terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:

[1] The frequency (annually or such more frequent periods as specified in the permit by the Department or in other applicable requirements) of submissions of compliance certifications;

[2] In accordance with the requirements of this chapter, a means for monitoring the compliance of the source with its emissions limitations, standards, and work practices;

[3] A requirement that the compliance certification include the following:

[a] The identification of each term or condition of the permit that is the basis of the certification;

[b] The compliance status;

[c] Whether any noncompliance was continuous or intermittent;

[d] The method(s) used for determining the compliance status of the source, currently and over the reporting period consistent with the provisions of this chapter; and

[e] Such other facts as the Department may require to determine the compliance status of the source; and

[4] Such additional requirements as may be determined to be necessary by the Department.

(f) Such other provisions as the Department may deem necessary to ensure continued compliance with the requirements of this chapter, including, but not limited to, terms and conditions regarding periodic reports, ambient or source monitoring, and operating and maintenance requirements.

(9) Standard monitoring requirements. All permits issued under this section shall include the following elements with respect to monitoring:

(a) Identification and citation of all emissions monitoring and analysis procedures or test methods required under all applicable requirements;

(b) Where an applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring, including recordkeeping designed to serve as monitoring, periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit, as required to be reported under this Part. Such monitoring requirements shall assure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping provisions may be sufficient to meet the requirements of this subparagraph; and

(c) As necessary, requirements concerning the use, maintenance, and, where appropriate, installation of monitoring equipment or methods.

(10) Standard recordkeeping requirements. All permits issued under this section shall include all applicable recordkeeping requirements and require, where applicable, the following:

(a) Records of required monitoring information that include the following:

[1] The date, place as defined in the permit, and time of sampling or measurements;

[2] The date(s) analyses were performed;

[3] The company or entity that performed the analyses;

[4] The analytical techniques or methods used;

[5] The results of such analyses; and

[6] The operating parameters existing at the time of sampling or measurement; and

(b) Retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, and copies of all reports required by the permit.

(11) Standard reporting requirements. All permits issued under this section shall include all applicable reporting requirements and require the following:

(a) Submittal of reports of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in such reports. All required reports must be certified by a responsible official as required by § 505-14 of this chapter; and

(b) Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit and § 505-74C of this chapter, the probable cause of such deviations, and any corrective actions or preventive measures taken. The Department shall define "prompt" on a case-by-case basis in relation to the degree and type of deviation likely to occur and the applicable requirements.

(12) Standard severability requirement. All permits issued under this section shall include a severability clause to ensure the continued validity of the various permit requirements in the event of a successful challenge to any portions of the permit.

(13) Standard fee requirement. All permits issued under this section shall include a provision to ensure that all applicable fees under this chapter are paid to the Department in accordance with the requirements of this chapter.

(14) Standard alternative operating scenarios requirements. All permits issued under this section shall include terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Department. Such terms and conditions:

(a) Shall require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted source a record of the new scenario under which it is operating, and may require the source to notify the Department at the time it implements the change; and

(b) Must ensure that the terms and conditions of each such alternative scenario meet all applicable requirements under this chapter.

D. Expiration, renewals, reactivations.

(1) Expiration. Permit expiration terminates the source's right to operate unless a timely and complete renewal application has been submitted consistent with the requirements of this section.

(2) Renewals.

(a) The owner or operator of a source permitted under this article shall submit to the Department an application for permit renewal at least six months prior to the date of permit expiration, but no earlier than 18 months prior to the date of permit expiration.

(b) Permits being renewed are subject to the same fees, standards, and requirements that apply to an initial permit issuance.

(3) Delay in department action. If a timely and complete application for an operating permit renewal is submitted, consistent with this section, but the County has failed to issue or deny the renewal permit before the end of the term of the previous permit, then:

(a) The permit shall not expire until the renewal permit has been issued or denied; and

(b) All the terms and conditions of the permit shall remain in effect until the renewal permit has been issued or denied.

(4) Existing source reactivations. During the term of a permit under this article, a permittee shall not reactivate any source under the permit that has been out of operation or production for a period of one year or more unless the permittee has submitted a reactivation plan request to, and received a written reactivation plan approval from, the Department.

(a) A reactivation plan request may only be submitted during the term of the applicable operating permit and must be either:

[1] If the source is reactivated within five years after deactivation, accompanied by the submission to the Department of a Reactivation Plan Request fee in the amount of 25% of the annual application/permit administration fees required for said permit by this article, but not less than $50 per permit; or

[2] If the source is reactivated more than five years after deactivation, accompanied by the submission to the Department of the applicable installation permit application fee required by § 505-23B of this chapter; or

[3] Submitted as part of another application for the same source under Article II or Article III of this chapter.

(b) A reactivation plan may only be approved during the term of the applicable operating permit and shall describe the measures that will be taken to ensure the source will be reactivated in compliance with all applicable permit requirements.

(c) Unless submitted under Subsection D(4)(a)[2] above, the Department shall take action on any reactivation plan request within 30 days of receipt of a complete written request, with the applicable fees, unless the Department determines that additional time is necessary based on the size or complexity of the reactivated source.

(d) A reactivation plan approval shall automatically expire upon the expiration of the operating permit during the term of which such approval was issued, or 10 years after actual deactivation, whichever comes first.

(e) The reactivation of a source that has been deactivated for more than 10 years shall constitute a new source under this chapter requiring the issuance of a new source installation permit under Article II of this chapter prior to reactivation.

(f) Upon proper application, operating permits may be renewed for a source that is deactivated, so long as such source is in compliance with all applicable provisions of this section. Such renewal shall not constitute authorization to reactivate.

(g) All sources deactivated for more than one year shall constitute new sources upon reactivation unless such source:

[1] By no later than one year following actual deactivation, submits a maintenance plan for the source to be implemented during the period of deactivation and continues to fully comply with all requirements of such plan during deactivation;

[2] Is in compliance with all other applicable provisions of this subsection.

(h) Any reactivation plan issued for a source which has been deactivated for more than five years shall require the implementation of BACT at such source prior to actual reactivation.

(i) Deactivated sources as of the effective date of this section shall comply with Subsection D(4)(g)[1] of this subsection by no later than one year after such effective date.

E. Revisions, amendments, modifications.

(1) Revisions generally.

(a) Operational flexibility. The owner or operator of a source permitted under this article shall not make any changes at such source, including trades of increases and decreases in emissions within the permitted source, without first obtaining a permit revision for such changes under this section, or § 505-45 of this article, unless:

[1] The changes do not require an installation permit under § 505-17 of this chapter or violate the terms of an operating permit or an installation permit;

[2] The permit specifically allows for changes that do not cause specific emissions increases greater than a de minimis emission increase, and the changes do not exceed such emissions increase allowed under the permit, in accordance with Subsection E(5) below;

[3] The changes do not violate major source applicable requirements or contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements; and

[4] By no later than seven days prior to the date on which the implementation of the proposed change is commenced, a written notification is submitted to the Department, for attachment to the Department's copy of the relevant permit, which includes:

[a] A brief description of the change within the permitted source;

[b] The date on which the change will occur;

[c] The pollutants emitted; and

[d] Any change in emissions.

(b) Applications for permit revisions need only supply the information required under § 505-25B of this chapter, and § 505-26B if applicable, that is related to the proposed change.

(c) Applications for permit revisions must be accompanied by the submission to the Department of the appropriate application fees.

(d) Upon written request or upon its own motion, in accordance with the requirements of this article, the Department may revise a permit previously issued to correct clerical errors.

(2) Administrative permit amendment procedures. An administrative permit amendment may be made by the Department consistent with the following:

(a) An administrative permit amendment is a permit revision that only:

[1] Corrects typographical errors;

[2] Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

[3] Requires more frequent monitoring or reporting by the permittee;

[4] Allows for a change in ownership or operational control of a source where the Department determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee and a compliance review form has been submitted to, and the permit transfer has been approved by, the Department; or

[5] Except where precluded by the Clean Air Act or the regulations under the Clean Air Act, incorporates into a Part C permit the requirements from installation permits, provided that such installation permit has complied with the requirements of § 505-17 and either Subsection E(8) thereof or § 505-18 of this chapter.

(b) An administrative permit amendment may be made by the Department consistent with the following:

[1] The Department will take no more than 60 days from receipt of a request from the owner or operator of a source for an administrative permit amendment to the Department with a copy to the EPA to take final action on the request, and may incorporate the changes without providing notice to the public or affected states except for permit revisions made under Subsection E(2)(a)[5] above.

[2] The Department will submit a copy of the revised permit to the Administrator of the EPA.

(c) Applications for administrative permit amendments must be accompanied by the submission to the Department of administrative permit amendment application fees in the amount of 25% of the annual application/permit administration fees required for said permits by this article, but not less than $50 per permit.

(d) Unless precluded by the Clean Air Act or the regulations thereunder, the Department will, upon taking final action granting a request for an administrative permit amendment, allow coverage by any existing permit shield for administrative permit amendments which meet the relevant requirements of this chapter.

(e) Notwithstanding the above provisions, administrative permit amendments for purposes of the acid rain portion of a permit shall be governed by regulations promulgated under title IV of the Clean Air Act.

(f) The Department will take final action on the administrative amendment and publish public notice of the final action.

(g) Administrative amendments are not authorized for any amendment precluded by the Clean Air Act or the regulations thereunder from being processed as an administrative amendment.

(3) Minor permit modification procedures.

(a) Sources may make minor permit modifications on an expedited basis under this subsection.

(b) The owner or operator of the source shall submit to the Department, on a form provided by or approved by the Department, a brief description of the change, including the emissions resulting from the change, the date on which the change is to occur, the proposed language for revising the operating permit conditions proposed to be changed, and certification by a responsible official that the proposed modifications meet the criteria for use of minor permit modification procedures.

(c) At the time of submission of the application for a minor permit modification, the owner or operator shall notify the municipality where the source is located under Section 1905-A of the Pa. Administrative Code of 1929 (71 PS § 510-5), all affected states, 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 E(3)(c) above shall dearly indicate that a person may comment to the Department and the source 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 may make the change subject to subsequent review and final action by the Department and the EPA, prior to such final action, but only:

[1] After the 21st day following submission under Subsection E(3)(b) above if the Department has received no public objection and does not otherwise object to the change; or

[2] After the 28th day following submission under Subsection E(3)(b) above 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 an installation permit or significant modification.

(g) Unless precluded by the Clean Air Act or the regulations thereunder, any existing permit shield shall extend to a change authorized by this subsection.

(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 public notice of the action.

(i) Approval of a minor permit modification for a physical change of minor significance authorized under 25 Pa. Code § 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 subsection, 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.

(4) Significant modification procedures - requirements. Significant permit modifications shall meet all requirements of the applicable sections of this article, including those for applications, fees, public participation, review by affected states, and review by EPA, as they apply to permit issuance and permit renewal. The approval of a significant permit modification, if the entire permit has been reopened for review, shall commence a new full five-year permit term. The Department shall take final action on all such permits within nine months following receipt of a complete application.

(5) De minimis emission increases.

(a) The Department may allow, as a condition of an operating permit, de minimis emission increases from a new or existing source up to the amounts authorized in this subsection.

(b) A de minimis increase may not occur at a source if it either:

[1] Increases the emissions of a pollutant regulated under Section 112 of the Clean Air Act (42 USCA. § 7412) except as authorized in Subsection E(5)(d)[4] and [5] below;

[2] Subjects the source to the permit requirements of §§ 505-18, 505-19 or 505-20 of this chapter (relating to prevention of significant deterioration of air quality and major new source and major modification review); or

[3] Violates an applicable requirement of this chapter, the state Air Pollution Control Act, the Clean Air Act, or the regulations promulgated under the Air Pollution Control Act or the Clean Air Act.

(c) The permittee shall provide the Department with seven days' prior written notice of any de minimis emission increase. The notice shall identify and describe the pollutants that will be emitted as a result of the de minimis emissions increase and provide emission rates in tons/year and in terms necessary to establish compliance consistent with any applicable requirement. The Department may disapprove or condition the de minimis emission increase at any time.

(d) Except as provided in Subsection E(5)(e) below, the maximum de minimis emission rate increases, as measured in tons/year, that may be authorized in the permit during the term of the permit are:

[1] Four tons of carbon monoxide from an emissions unit during the term of the permit and 20 tons of carbon monoxide at the source during the term of the permit;

[2] One ton of NO_X from an emissions unit during the term of the permit and five tons of NO_X at the source during the term of the permit;

[3] One and six-tenths tons of oxides of sulfur from an emissions unit during the term of the permit and 8.0 tons of oxides of sulfur at the source during the term of the permit;

[4] Six-tenths of a ton of PM₁₀ from an emissions unit during the term of the permit and 3.0 tons of PM₁₀ at the source during the term of the permit. This shall include emissions of a pollutant regulated under Section 112 of the Clean Air Act unless precluded by the Clean Air Act, the regulations thereunder, or this chapter; and

[5] One ton of VOC's from an emissions unit during the term of the permit and five tons of VOC's at the source during the term of the permit. This shall include emissions of a pollutant regulated under Section 112 of the Clean Air Act unless precluded by the Clean Air Act, the regulations thereunder, or this chapter.

(e) The Department may allow, as a condition of an operating permit, installation of the minor sources set forth under § 505-25A(2) of this chapter.

(f) Unless precluded by the Clean Air Act or the regulations thereunder, any existing permit shield shall extend to changes made under this subsection.

(g) Emissions authorized under this subsection shall be included in the monitoring, recordkeeping, and reporting requirements of the source.

(h) De minimis emission threshold levels cannot be met by offsetting emission increases with emission decreases at the same emissions unit.

(i) The Department will maintain a list of de minimis increases authorized by this Subsection in the permit file for the source and shall publish a public list of the de minimis increases within 60 days of the receipt of notice for the source.

F. Reopenings, revocations.

(1) Reopenings for cause.

(a) Each issued permit shall include the provisions under this paragraph specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and reissued under any of the following circumstances:

[1] Requirements under the Clean Air Act become applicable to the source. Such a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended solely due to the failure of the Department to act on a permit renewal application in a timely fashion.

[2] The Department determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

[3] The Department determines that the permit must be reissued or revoked to assure compliance with the applicable requirements.

(b) Proceedings to reopen and reissue a permit shall follow the same procedures as would apply if the source had applied to make the necessary permit revisions, but shall affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

(c) Reopenings under this subsection shall not be initiated before a notice of such intent is provided to the source by the Department at least 30 days in advance of the date that the permit is to be reopened.

(2) Revocation notice. If the Department revokes any permit previously issued under this section, it shall so advise the applicant in writing, summarizing the reasons for the revocation.

(3) Revocation criteria. The Department may, at any time, revoke an operating permit if it finds that:

(a) Any statement made in the permit application is not true, or that material information has not been disclosed in the application;

(b) The source is not being operated in the manner indicated by the permit;

(c) Air pollution control equipment installed at the source has not been maintained in good working condition;

(d) Any term or condition of the permit has not been complied with;

(e) Any applicable requirement of this chapter has not been complied with;

(f) It has been denied lawful access to the premises or records, charts, instruments, and the like as authorized by Article IX of this chapter;

(g) Emissions from the source are endangering the public health, safety or welfare;

(h) Emissions from the source are preventing the attainment and maintenance of the ambient air quality standards established by this chapter at any location within the Commonwealth, or such emissions are interfering with reasonable further progress toward the attainment of the NAAQS's;

(i) Three months after the EPA has determined that a source is a major source and found that, pursuant to Subsection 126(b) of the Clean Air Act, that emissions from the source are preventing the attainment or maintenance by any other state of any primary or secondary NAAQS or that such emissions are interfering with any measure required to be included in the applicable implementation plan for any other state under Part C of the Clean Air Act relating to prevention of significant deterioration of air quality or protection of visibility, except if continued operation of the source has been permitted by the EPA pursuant to Subsection 126(c) of the Clean Air Act. Nothing herein shall prevent the reissuance of an operating permit upon a demonstration that the conditions leading to such finding by EPA have been corrected; or

(j) Any requirement of an enforceable compliance schedule required under a permit for a noncomplying source issued pursuant to this section has been violated.

§ 505-26 Additional requirements for major permits.

A. Applicability, prohibitions, records.

(1) Applicability. Except as provided under Subsection A(2) of this section and § 505-25A(2)(a) and (i) of this article, this section applies to all of the following in the County:

(a) Any major source, as defined under Article I of this chapter;

(b) Any source, including an area source (as defined under Article I of this chapter), subject to a standard, limitation, or other requirement promulgated under Section 111 of the Clean Air Act;

(c) Any source, including an area source, subject to a standard or other requirement promulgated under Section 112 of the Clean Air Act, except that a source is not required to obtain an operating permit under this section solely because it is subject to regulations or requirements promulgated under Section 112(r) of the Clean Air Act;

(d) Any affected source, as defined under Article I of this chapter;

(e) Any source in a source category so designated by the Administrator pursuant to the Clean Air Act as a Part 70 Source under 40 CFR Part 70; and

(f) Any source listed in this subsection that is exempt under Subsection A(2)(a) or (b) of this section from the requirement to obtain a permit but nevertheless applies for a permit under this section.

(2) Exemptions.

(a) All sources listed in Subsection A(1) of this section that consist solely of sources that are not major sources, affected sources, or solid waste incineration units required to obtain a permit pursuant to Subsection 129(e) of the Clean Air Act, unless otherwise provided under applicable requirements, are exempted from the obligation to obtain an operating permit under this section until such time as the Administrator completes a rulemaking to determine how the program should be structured for non-major sources and the appropriateness of any permanent exemptions in addition to those provided for in § 505-25A(2)(a) and (i) of this article.

(b) In the case of sources which consist solely of non-major sources subject to a standard or other requirement promulgated by the Administrator after July 21, 1992, under either Section 111 or Section 112 of the Clean Air Act, unless otherwise provided under such standard or requirement, all such applicable sources shall be exempt from any requirement to obtain an operating permit under this section at the time that the new standard is promulgated until such time as the Administrator completes a rulemaking to determine how the program should be structured for non-major sources and the appropriateness of any permanent exemptions in addition to those provided for in § 505-25A(2)(a) and (i) of this article.

(c) Research and development. If demonstrated to constitute insignificant activities, emissions units at a research and development facility that are located at a source subject to this section shall not be required to be included as part of such source for permitting purposes under this section. The emissions from such research and development emissions units shall be included as emissions from the source for purposes of determining the applicability of this section.

(d) Synthetic minors. A source, other than an affected source, or an emission unit or pollutant at such source, otherwise subject to this section under Subsection A(1) above shall not be subject to this section if:

[1] A permit application for such source has been properly submitted under Subsection A(2)(a) above;

[2] A permit is subsequently issued for such source under Subsection A(2)(a) above;

[3] Because of enforceable conditions included in the permit application and permit above, the source is not subject to this section under Subsection A(1) above;

[4] At all times during the review of the application and the term of the permit the source is in compliance with the enforceable conditions above; and

[5] Until January 25, 1997, the source expressly certifies that it will comply with the enforceable conditions as a restriction on its potential to emit and that the enforceable conditions are enforceable by the EPA and citizens under the Clean Air Act.

B. Applications.

(1) Generally.

(a) If required by federal regulation or a federally approved provision under this chapter, within 30 days after receipt of a complete application, with the appropriate fee, for an operating permit under this section, including any permit modification, the Department shall provide a copy of such submission to the Administrator.

(b) Applications shall use the nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under Title IV of the Clean Air Act.

(c) Notwithstanding the requirements of Article II of this chapter, all applications submitted under this section shall include an original and four copies of the application and all attachments.

(2) Required content. All applications under this section shall provide all of the following information sufficient for the Department to evaluate the subject source, including all activities which are exempted because of size or production rate, and to determine all major source applicable requirements, including fee amounts, on standard application forms provided by the Department:

(a) All specific information that may be necessary to implement and enforce other major source applicable requirements of the Clean Air Act, federal regulations promulgated under the Clean Air Act, or this chapter, or to determine the applicability of such requirements.

(b) The compliance plan content requirements specified in this section and § 505-25 of this article which shall apply to, and be included in, the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Clean Air Act or this chapter with regard to the schedule and method(s) the source will use to achieve compliance with the acid rain emissions limitations.

(c) Requirements for compliance certification under § 505-25B(2)(i), including a statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Clean Air Act.

(3) Public notice of preliminary approval. Except for administrative permit amendments, all permit proceedings under this section, including initial permit issuance, modifications, and renewals, shall include the following procedures for public notice including offering an opportunity for public comment and an opportunity for a hearing on the draft permit:

(a) Notice shall be given by the Department: by publication in a newspaper of general circulation in the area where the source is located or in a state publication designed to give general public notice; to persons on a mailing list developed by the Department, including residents of the County who specifically request in writing to be on the list; to all affected states; to the Administrator; and by other means if deemed necessary by the Department to assure adequate notice to the affected public. Such public notice shall indicate that such notice is also being made to the Administrator. Notices to the Administrator and affected states shall be issued on or before the date of publication of the required public notice;

(b) Unless exempted by federal regulation or a federally approved provision under this chapter, or resubmittal requirements of Subsection B(5), the Department shall also provide to the Administrator a copy of the draft permit, and such draft permit shall constitute a proposed permit for purposes of commencing the Administrator's forty-five-day review period;

[Amended 8-27-2013 by Ord. No. 22-13]

(c) The Department shall provide a statement that sets forth the legal and factual basis for the draft permit conditions, including references to the applicable statutory or regulatory provisions. The Department shall send a copy of this statement to EPA and to any other person who submits to the Department in writing an express request for a copy of such statement for a specific permit;

(d) The Department shall keep a record of the commenters and also of the issues raised during the public participation process, to determine whether a citizen petition may be granted, and such records shall be available to the public.

(4) Proposed final action.

(a) Except as provided under § 505-24 of this article, notwithstanding the other provisions of this Subsection, any complete permit application containing an early reduction demonstration under Paragraph 112(i)(5) of the Clean Air Act shall be acted on within nine months of receipt of the complete application.

(b) Unless exempted by federal regulation or a federally approved provision under this chapter, the Department shall provide to the Administrator a copy of each proposed operating permit under this section. As part of the submittal of the proposed permit to the Administrator, or as soon as possible after the submittal for minor permit modification procedures allowed under this article, the Department shall notify the Administrator and any affected state in writing of any refusal by the Department to accept all recommendations for the proposed permit that the affected state submitted during the public review period. The notice shall include the Department's reasons for not accepting any such recommendation.

(5) Resubmittal to EPA. The Department shall resubmit to the Administrator any proposed permit to which substantive comments or material substantive changes have been made as a result of comments received by the Department. This resubmittal shall commence the Administrator's forty-five-day review period.

[Amended 8-27-2013 by Ord. No. 22-13]

C. Issuance, standard conditions.

(1) Action on application. A permit, permit modification, or renewal shall be issued only if all of the following conditions have been met:

(a) Section 505-25C of this chapter has been complied with;

(b) All public and state and federal agency notice and participation requirements under this article have been complied with; and

(c) The Administrator has not objected in writing to issuance of the permit within 45 days of receipt of the proposed permit and all necessary supporting information.

(2) EPA objection. If the Administrator objects in writing to issuance of the permit within 45 days of receipt of the proposed permit and all necessary supporting information, in accordance with 40 CFR 70.8(c), the Department shall, within 90 days after the date of such an objection, propose a revised permit in response to the objection in accordance with the requirements for proposal of such a permit under this article.

(3) Public petitions to the administrator.

(a) If the Administrator does not object to the issuance of a permit in writing under Subsection C(2) of this section, any person may petition the Administrator within 60 days after the expiration of the Administrator's forty-five--day review period to make such objection, except that any such petition shall be based only on objections to the permit that were raised by the petitioner with reasonable specificity during the public comment period provided for under this article, unless the petitioner demonstrates that it was impracticable to raise such objections within such period, or unless the grounds for such objection arose after such period.

(b) If the Administrator objects to a permit as a result of a petition filed under this subsection, the Department shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the forty-five-day review period and prior to an EPA objection. If the Department has issued a permit prior to receipt of an EPA objection under this subsection, the Department shall thereafter issue only a revised permit that satisfies EPA's objection, but the source shall not be in violation of the requirement to have submitted a timely and complete application.

(4) County requirements. The Department shall specifically designate as not being federally enforceable under the Clean Air Act any terms and conditions included in each permit issued under this section that are not required under either the Clean Air Act or other major source applicable requirements.

(5) Permit shield.

(a) Except as otherwise provided in this chapter, the Department shall expressly include in a permit, upon specific written request in an application, a provision stating that compliance with the conditions of the permit shall be deemed compliance with all major source applicable requirements as of the date of permit issuance, provided that:

[1] Such major source applicable requirements are included and are specifically identified in the permit; or

[2] The Department, in acting on the permit application or revision, determines in writing that other requirements specifically identified are not applicable to the source, and the permit includes the determination or a concise summary thereof.

(b) A permit that does not expressly state that a permit shield exists shall not provide such a shield.

(c) Nothing in this subsection or in any permit shall alter or affect the following:

[1] The provisions of Section 303 of the Clean Air Act and the provisions of this chapter regarding emergency orders, including the authority of the Administrator and the Department under such provisions;

[2] The liability of any person who owns, operates, or allows to be operated, a source in violation of any major source applicable requirements prior to or at the time of permit issuance;

[3] The applicable requirements of the acid rain program, consistent with Subsection 408(a) of the Clean Air Act; or

[4] The ability of EPA or the County to obtain information from a source pursuant to Section 114 of the Clean Air Act, the provisions of this chapter, and state law.

(6) Coverage. The Department shall include in any operating permit issued under this section all major source applicable requirements for all relevant emissions units in the major source.

(7) Standard general requirements. All permits issued under this section shall include the following provision: The permittee shall comply with all permit conditions at all times. Any permit noncompliance constitutes a violation of the Clean Air Act, the Air Pollution Control Act, and this chapter and is grounds for any and all enforcement action, including, but not limited to, permit termination, revocation and reissuance, or modification, and denial of a permit renewal application.

(8) Standard emission limit requirements. All permits issued under this section for an affected source shall include the following provision with respect to emission limitations and standards, including those operational requirements and limitations that assure compliance with all major source applicable requirements at the time of permit issuance: Where a major source applicable requirement of the Clean Air Act is more stringent than an applicable requirement of regulations promulgated under title IV of the Act, both provisions are incorporated into the permit and are enforceable by the Administrator.

(9) Standard compliance requirements. All permits issued under this section shall include all requirements for compliance certification with all terms and conditions contained in the permit, including emission limitations, standards, or work practices. Permits shall include each of the following:

(a) A requirement that all compliance certifications be submitted to the Administrator as well as to the Department; and

(b) Such additional requirements as may be determined to be necessary by the Department, including any specified pursuant to Sections 114(a)(3) and 504(b) of the Clean Air Act regarding monitoring.

(10) Standard acid deposition control requirements.

(a) This subsection describes the permit program for acid deposition control in accordance with Titles IV and V of the Clean Air Act (42 USCA. §§ 7641 and 7642 and 7661-7661f). The provisions of this subsection 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 USCA. § 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 December 29, 1995, for sulfur dioxide, and no later than December 31, 1997, 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, operator, and the designated representative of the owner or operator and shall be enforceable as a permit for purposes of this subsection until a permit is issued by the Department.

(d) A permit issued under this subsection 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 subsection 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.

(11) General permits and temporary sources at multiple locations.

(a) Except as otherwise provided under this subsection, the requirements for general permits and operating permits for sources operating at multiple temporary locations promulgated by the Pa. Environmental Quality Board and Dept. of Environmental Protection (DEP) under the Pa. Air Pollution Control Act at 25 Pa. Code §§ 127.514 and 127.515 are hereby incorporated, by reference, into this chapter. Additions, revisions, and deletions to such requirements adopted by the EQB and the DEP are incorporated into this chapter and are effective on the date established by the state regulations, unless otherwise established by regulation under this chapter.

(b) Under the regulations incorporated by reference under this subsection:

[1] "Plan approval" shall mean "installation permit";

[2] "Department" shall mean "Department" as defined under this chapter;

[3] "Title V permit" shall mean an operating permit issued under this section;

[4] "Title V facility" shall mean "major source";

[5] "Section 127.516" shall mean Subsection C(5) above;

[6] "Subchapter H" shall mean § 505-16J and L of this chapter; and

[7] "Facility" shall mean "source."

(12) Standard NO_x control requirements. All permits issued under this Part for an NO_x affected source shall include a condition requiring compliance with § 505-52A. The NATS compliance account number and the authorized account representative shall be listed on the permit application.

D. Expiration, renewals.

(1) Renewals. Permits being renewed are subject to the same fees and procedural requirements, including those for public participation and affected state and EPA review, that apply to initial permit issuance.

(2) Delay in department action. If a timely and complete application for an operating permit renewal is submitted, consistent with this section, but the Department, through no fault of the applicant, has failed to issue or deny the renewal permit before the end of the term of the previous permit, then the permit shall not expire until the renewal permit has been issued or denied and any applicable permit shield shall extend beyond the original permit term until final action on the renewal application. Failure of the Department to issue or deny a permit by the renewal date shall be an appealable action. The Court of Common Pleas may require that the Department take action on an application without further delay.

E. Revisions, amendments, modifications.

(1) Revisions generally.

(a) A copy of the notice required under § 505-25E(1) shall also be submitted by the owner or operator to the EPA and all affected states by the deadline set forth under Section  _____.

(b) No permit shield provided for under this chapter shall apply to any change made pursuant to this section unless specifically provided for under this section.

(2) Administrative permit amendment procedures.

(a) An administrative permit amendment may be made by the Department consistent with the following:

[1] The Department shall take no more than 60 days from receipt of a complete application for an administrative permit amendment, with the appropriate fee, to take final action on such application, and may incorporate such changes without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this Subsection E(2)(a)[1].

[2] The Department shall submit a copy of the revised permit to the Administrator.

(b) The Department may, upon taking final action granting a request for an administrative permit amendment qualifying under § 505-25E(2)(a)[5] of this chapter, expressly include coverage by the applicable permit shield for such administrative permit amendment.

F. Reopenings, revocations.

(1) Reopenings for cause. Each issued permit shall include the provisions under this paragraph specifying the conditions under which the permit will be reopened prior to the expiration of the permit. A permit shall be reopened and reissued under any of the following circumstances:

(a) Additional requirements under the Clean Air Act become applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than 18 months after promulgation of the major source applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended solely due to the failure of the Department to act on a permit renewal application in a timely fashion.

(b) Additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the permit.

(c) The Department or EPA determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

(d) The Administrator or the Department determines that the permit must be reissued or revoked to assure compliance with the major source applicable requirements.

(2) Reopenings for cause by EPA.

(a) Within 90 days after receipt of a written notification from the Administrator, also issued to the source, that the Administrator finds that cause exists to terminate, modify, or revoke and reissue a permit pursuant to this section, the Department shall forward to EPA a proposed determination of termination, modification, or revocation and reissuance, as appropriate. The Department may request that the Administrator extend this ninety-day period for an additional 90 days if a new or revised permit application is necessary or the Department must require the permittee to submit additional information.

(b) Following EPA review of the Department's determination pursuant to Subsection F(2)(a) of this subsection, and within 90 days of receipt of any EPA objection to such determination, the Department shall resolve any objection that EPA makes and proceed to terminate, modify, or revoke and reissue the permit in accordance with the Administrators objection.

§ 505-27 Additional requirements generally.

A. Waste-derived liquid fuel.

(1) Operating permits. The applications for and issuance of operating permits that expressly permit the burning of waste-derived liquid fuel as provided by this chapter shall also be governed by the applicable requirements and standards of this article except as otherwise specified by this section.

(2) In addition to the other requirements of this article, an application for an operating permit under this section shall include:

(a) A report of the results of the analysis of a representative sample of the fuel collected and analyzed in accordance with § 505-69A of this chapter; and

(b) A report of the results of the direct emission reduction test in accordance with § 505-69B of this chapter.

(3) Annual operating permit application/administration fee and additional annual fees. On the date that an application for an operating permit is submitted under this section, and on or before the last day of the month in which such application was submitted in each year thereafter, while such application is being reviewed and then during the term of any permit subsequently issued, the owner or operator of such source shall submit to the Department, in addition to all applicable emission fees, all applicable administration fees in amounts determined under, and in accordance with, the requirements of § 505-47 of this article.

B. Alternative emission reduction plans.

(1) Purpose. The emission standards and source standards established by this chapter set forth a County-wide emission reduction plan to achieve the purposes of this chapter. As applied to any particular source or group of sources, more cost-effective means may be available to achieve such purposes.

(2) The County desires to maximize cost-effectiveness and innovation in its air pollution control program. It is therefore the purpose of this section to establish a mechanism whereby source owners and operators can develop alternative emission reduction plans which best suit their particular circumstances. If such alternative meets the requirements of this section, that alternative may be substituted for the emission standards and source standards otherwise required by this chapter.

(3) Procedures. In accordance with the applicable procedures under this Part, the owner or operator of any source subject to this chapter may apply to the Department for approval of an alternative emission reduction plan for existing sources. The Department shall review such application and may issue or reissue the applicable permit to reflect the alternative emission reduction plan. In its review, the Department shall consider, among other relevant factors, the EPA's Emissions Trading Policy Statement published at 51 Federal Register 43814 (December 4, 1986), and those policies and purposes set forth in this chapter.

(4) Application for approval. Upon the proposed approval by the Department of any alternative emission reduction plan pursuant to this section, the Department shall submit such proposal as a proposed revision to the SIP. Such proposed approval shall not become final until approved by the EPA.

(5) Persons seeking approval of an alternative emission reduction plan are urged to contact the Department early in the development stage, so that appropriate methodologies for any necessary air quality or other demonstrations are identified.

(6) An application for approval shall be in writing and shall set forth all information needed by the Department to review the alternative emission reduction plan. In addition, the applicant shall submit such additional information as is requested by the Department to evaluate the plan. The Department may prepare forms required to be used for these purposes.

(7) The application shall be accompanied by the payment of the application fee calculated pursuant to Subsection h of this section. In addition, the application shall bear the cost of such tests, studies, out-of-County travel by Department staff and the like as are necessary for evaluation of the plan, together with the cost of providing public notice and stenographic transcripts of any public hearings held with respect to the plan and, upon request by the Department, shall obtain facilities for such public hearings. Any significant additional costs shall be discussed with the applicant before obligating any funds and shall be paid prior to the final consideration by this Department of any proposed permit pursuant to this section.

(8) The application fee shall be in the amount of 150% of the sum of all the annual operating permit application/permit administration fees for each source affected by the proposed alternative emission reduction plan pursuant to § 505-47 of this article. Such fee shall be payable to the Allegheny County Air Pollution Control Fund.

(9) Effect. Upon final issuance of an operating permit pursuant to this section, the sources affected shall thereafter comply with such permit pursuant to the compliance schedule contained therein and shall be relieved of the duty to comply with those provisions of this chapter which are specifically superseded by such permit.

(10) Violations. The failure to comply with any provision of any alternative emission reduction plan approved pursuant to this section shall be a violation of this chapter giving rise to the remedies set forth in § 505-79 of this chapter.

§ 505-28 Operating permit fees.

A. Administration fees.

(1) Annual operating permit application/permit administration fee. On the date that an application for an operating permit is submitted under this article, including applications for revisions, transfers, amendments, and modifications, and on or before the last day of the month in which such submission is made in each year thereafter, while such application is being reviewed and then during the term of any permit subsequently issued, the owner or operator of such source shall submit to the Department, in addition to any other applicable administration and emissions fees, an annual operating permit application/permit administration fee.

(2) Amount of fees. A schedule of the amounts of the annual operating permit application/permit administration fees required by this section shall be set by the Board of Health. Consideration shall be given to the degree of technical and regulatory difficulty in establishing fees for minor, synthetic minor and major sources.

[Amended 7-7-2009 by Ord. No. 30-09]

(3) Annual major source hazardous air pollutant permit application/permit administration fee. On the date that an application for an operating permit for a major source with the potential to emit any hazardous air pollutant is submitted under this article, including applications for revisions, transfers, amendments, and modifications, and on or before the last day of the month in which such submission is made in each year thereafter, while such application is being reviewed and then during the term of any permit subsequently issued, the owner or operator of such source shall submit to the Department, in addition to all other applicable administration and emission fees, an annual hazardous air pollutant permit application/permit administration fee in the amount of 50% of the amount of the annual operating permit application/permit administration fee required for said permit by this article.

(4) Annual acid rain deposition control permit application/permit administration fee. On the date that an application, or portion of an application, for the acid rain deposition control portion of an operating permit for affected sources is submitted under this article, including applications for revisions, transfers, amendments, and modifications, and on or before the last day of the month in which such submission is made in each year thereafter, while such application is being reviewed and then during the term of any permit subsequently issued, the owner or operator of such source shall submit to the Department, in addition to all other applicable administration and emission fees, an annual acid deposition control permit application/permit administration fee in the amount of 50% of the amount of the annual operating permit application/permit administration fee required for said permit by this article.

(5) Annual operating permit application/permit noncompliance administration fee. On the date that an application for an operating permit is submitted under this article, including applications for revisions, transfers, amendments, and modifications, involving a source of which any part is not in full compliance with this chapter, and on or before the last day of the month in which such submission is made in each year thereafter, while such application is being reviewed and then during the term of any permit subsequently issued until such source has achieved and demonstrated full compliance with the requirements of this chapter, the owner or operator of such source shall submit to the Department, in addition to all other applicable administration and emission fees, an annual operating permit application/permit noncompliance administration fee in the amount of 50% of the total amount of the annual application/permit administration fee and any annual acid rain deposition control and hazardous air pollutant permit application/administration fees required for said permit by this article. No portion of this fee is refundable upon achieving compliance.

(6) Payment of fees. The payment of the required fees under this section shall be made by check or money order payable to the Allegheny County Air Pollution Control Fund.

(7) Any fees approved by the Board of Health under the terms of this section shall not become effective until approved by the Allegheny County Council.

[Added 7-7-2009 by Ord. No. 30-09]

B. Emissions fees.

[Amended 11-5-2014 by Ord. No. 17-14]

(1) Annual major source emissions fee requirements.

(a) The owner or operator of a source that requires a major operating permit pursuant to § 505-26A of this chapter shall pay an annual major source emission fee in the amount per ton set by the Department of Environmental Protection (DEP) under the regulations implementing the Air Pollution Control Act at 25 Pa. Code § 127.705(a) for each ton of a regulated pollutant actually emitted from the source; provided, however, that the owner or operator shall not be required to pay an emission fee for emissions of more than 4,000 tons of each regulated pollutant from the source.

(b) As used in this section, the term "regulated pollutant" means a VOC; each pollutant regulated under Sections 111 and 112 of the Clean Air Act (42 U.S.C.A. §§ 7411 and 7412); and each pollutant for which a National Ambient Air Quality Standard has been promulgated, except that carbon monoxide shall be excluded from this reference.

(2) Annual emissions fee deadline. In addition to any other administration fees required under this chapter, the owners or operators of all sources subject to § 505-26 of this article shall pay annual emissions fees as set forth under Subsection B(1) above for the previous calendar year actual emissions. All such fees shall be paid into the "Allegheny County Air Quality Fund" for the major operating permit program as set forth under this chapter. All such fees shall be paid by no later than September 1 of each year.

§ 505-29 Acid deposition control.

A. Applicability. This section applies to any and all affected units and sources, as defined under § 505-13 of this chapter, in the County.

B. Incorporation by reference. The federal acid deposition control regulations promulgated by the EPA under Title IV of the Clean Air Act at 40 CFR Parts 72 through 78, inclusive, are hereby incorporated by reference into this chapter. Additions, revisions, or deletions to such regulations by the EPA are incorporated into this chapter and are effective on the date established by the federal regulations, unless otherwise established by regulation under this chapter.