Any application form, report, or compliance
certification submitted under this chapter shall contain written certification
by a responsible official as to truth, accuracy, and completeness.
This certification and any other certification required under this
chapter shall be signed by a responsible official of the source, and
shall state that, based on information and belief formed after reasonable
inquiry, the statements and information in the document are true,
accurate, and complete.
A.
Applications.
(1)
All permit applications, and documents, and other information which are submitted in support of a permit application, under this article or Article III of this chapter shall be in written form signed by a responsible official of the applicant, shall be submitted in duplicate, shall include payment of all applicable fees, and shall provide all information sufficient for the Department to commence, evaluation of 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.
(2)
In addition, the applicant shall promptly submit to
the Department such additional information as is requested to evaluate
the application under this article. If the applicant fails to promptly
provide such information, the Department may reject the application.
No application shall be considered complete until the applicant has
furnished to the Department all information needed to evaluate the
application under this article and the fee required by this article.
B.
Issuance. Unless otherwise specifically provided under Article III, all permits issued pursuant to this article or Article III of this chapter shall be in written form, signed and issued by the Director, the Deputy Director, Bureau of Environmental Quality, the head of the Division of Air Quality, or the head of the Engineering Section, Bureau of Environmental Quality Division of Air Quality.
C.
Conditions. It shall be a violation of this chapter giving rise to the remedies provided by Article IX of this chapter for any person to fail to comply with any terms or conditions set forth in any permit issued pursuant to this article.
D.
Rejection or revocation.
(2)
The Department shall reject any permit or license
application under this chapter and may suspend, terminate, or revoke
any permit or license previously issued under this chapter if it finds
that the permittee or a general partner, or parent or subsidiary corporation
of the permittee is in violation of the Air Pollution Control Act,
the rules and regulations promulgated under the Air Pollution Control
Act, this chapter, any City of Philadelphia air pollution control
rule or regulation, or any air pollution control plan approval, permit,
or order of the DEP, the Department, or the City of Philadelphia,
as indicated by past or present violations or the DEP's compliance
docket, unless the violation is being corrected to the satisfaction
of the primary air pollution control enforcement agency(s) for the
source(s) in violation.
E.
Transfers. Permits issued pursuant to this article or Article III of this chapter shall not be transferable from one person to another, except in accordance with the requirements of this article or Article III in cases of change-in-ownership which are documented to the satisfaction of the Department, and shall be valid only for the specific sources and equipment for which they were issued. The transfer of permits in the case of change-in-ownership shall also require the submission to the Bureau of a Permit Transfer application fee in the amount of 25% of the total of all applicable annual permit application/administration fees required for said permits by this article or Article III of this chapter, but not less than $50 per permit, and in the case of an operating permit a compliance certification in accordance with § 505-25B(2)(i) of this chapter, and in the case of a major source a compliance certification in accordance with § 505-19B(2) of this chapter. The required documentation and fee must be received by the Bureau at least 30 days before the intended transfer date.
F.
Modification of permits. Upon written request or upon
its own motion, the Department may modify a permit previously issued
to correct clerical errors.
G.
Effect. Except as specifically otherwise provided under Article III, issuance of a permit pursuant to this article or Article III of this chapter shall not in any manner relieve any person of the duty to fully comply with the requirements of this chapter or any other provision of law, nor shall it in any manner preclude or affect the right of the Department to initiate any enforcement action whatsoever for violations of this chapter, whether occurring before or after the issuance of such permit. Further, except as specifically otherwise provided under Article III of this chapter, the issuance of a permit shall not be a defense to any nuisance action, nor shall such permit be construed as a certificate of compliance with the requirements of this chapter.
H.
Appeals.
(1)
Any person who is aggrieved by the denial or rejection
of a permit application or revocation of a permit required by this
chapter, or the issuance or reissuance of such permit with conditions,
or any person who participated in the public comment process for a
permit, shall have the right to file an appeal pursuant to the provisions
of Article XI, Rules and Regulations of the Allegheny County Health
Department, or in accordance with such other procedures as may hereafter
be established by the Board of County Commissioners.
(2)
In all such cases involving the provisions of this
article, a hearing granted pursuant to this subsection:
(a)
Shall not be held before employees of the Department
who are assigned to the Bureau of Environmental Quality Division of
Air Quality; and
(b)
Shall be held before a Hearing Officer who represents the public interest and does not derive any significant portion of his income from persons subject to this chapter within the meaning in Article I of this chapter; except that, if a panel of three or more persons is appointed to hear the case, a majority of the panel shall represent the public interest and shall not derive any significant portion of his income from persons subject to this chapter. Prior to being appointed as a Hearing Officer, each proposed appointee shall file with the Chief Clerk of the County of Allegheny a disclosure statement as required by Article IX of this chapter. Said disclosure statement shall be subject to the public inspection provisions of Article IX.
(3)
In any such administrative hearing, the person filing
the appeal shall bear the burden of proof and the burden of going
forward with respect to all issues.
I.
Compliance history.
(1)
The Department may refuse to issue any permit or license
under this chapter if it finds that the applicant or permittee or
a partner, or parent or subsidiary corporation of the applicant or
permittee has shown a lack of intention or ability to comply with
the Air Pollution Control Act, the regulations promulgated under the
PA Act, this chapter, the City of Philadelphia air pollution control
rules and regulations, or any plan approval, permit, or order issued
by the DEP, the City of Philadelphia, or the Department, as indicated
by past or present violations, unless the lack of intention or ability
to comply is being or has been corrected to the satisfaction of the
primary air pollution control enforcement agency(s) for the violating
source(s).
(2)
Except as otherwise provided under this subsection,
the Compliance Review and Compliance Review Form 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 §§ 127.12a and 127.412 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.
(3)
For purposes of this chapter, 25 Pa. Code §§ 127.12a(c)(5)
and 127.412(c)(5) shall only require the submission of information
regarding permits in effect during the previous 12 months for the
first permit application due after the effective date of this section.
(4)
Under the regulations incorporated by reference under
this subsection:
(a)
"Plan approval" shall mean installation permit;
(b)
"Department" shall mean Department as defined
under this chapter;
(c)
"Responsible official" shall mean responsible
official as defined under this chapter;
(d)
"Facility" shall mean source;
(e)
"Deviation" shall mean "deviation" as defined
under 25 Pa. Code § 121.1;
(f)
"EHB" shall mean the "Department under Article
XI";
(g)
"Title V Permit" shall mean an operating permit
issued under this article;
(h)
"Documented conduct" shall mean "documented
conduct" as defined under 25 Pa. Code § 121.1; and
(i)
"Compliance review form" shall mean "compliance
review form" as defined under 25 Pa. Code § 121.1
J.
General permits.
(1)
Except as otherwise provided under this Subsection,
the General Plan Approvals and operating permits 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 §§ 127.611 through 127.622 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.
(2)
For purposes of this chapter:
(a)
25 Pa. Code § 127.612(a) shall only
require the publication of the required notice in the Pennsylvania
Bulletin and one newspaper of general circulation in the County;
(b)
25 Pa. Code § 127.612(c) shall only
require that comments be retained for a period of five (5) years following
final action on a proposed permit; and
(c)
25 Pa. Code § 127.621(b) shall also
allow delivery or transmittal of applications by regular U.S. mail
or any other generally accepted manner of delivery or transmittal.
(3)
Under the regulations incorporated by reference under
this Subsection:
K.
Emissions trading at sources with federally enforceable
emissions cap.
(1)
Except as otherwise provided under this subsection,
the Emissions Trading at Sources with Federally Enforceable Emissions
Cap 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 § 127.448 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.
(2)
Under the regulations incorporated by reference under
this subsection:
(a)
"Facility" shall mean "source" as defined under
this chapter;
(b)
"Source" shall mean "emissions unit";
(c)
"Department" shall mean "Department" as defined
under this chapter;
(d)
"Article" shall mean "article" as defined under
this chapter;
(e)
"Section 127.516" shall mean § 505-26C(5) of this chapter; and
(f)
"Permit" shall mean "installation or operating
permit."
L.
Temporary sources at multiple locations.
(1)
Except as otherwise provided under this subsection,
the requirements for Plan Approvals 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 §§ 127.631
through 127.642 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.
(2)
For purposes of this chapter:
(a)
25 Pa. Code § 127.632(a) shall only
require the publication of the required notice in the Pennsylvania
Bulletin and one newspaper of general circulation in the County;
(b)
25 Pa. Code § 127.632(c) shall only
require that comments be retained for a period of five (5) years following
final action on a proposed permit; and
(c)
25 Pa. Code § 127.641(c) shall also
allow delivery or transmittal of applications by regular U.S. mail
or any other generally accepted manner of delivery or transmittal.
(3)
Under the regulations incorporated by reference under
this subsection:
A.
General requirements.
(1)
It shall be a violation of this chapter giving rise to the remedies set forth in Article IX of this chapter for any person to install, modify, replace, reconstruct, or reactivate any source or air pollution control equipment to which this article applies unless either:
(2)
A physical change in, or change in the method of operation
of, a major source which results in a greater than de minimis increase
in actual emissions of a hazardous air pollutant shall not be considered
a modification, if such increase in the quantity of actual emissions
of any hazardous air pollutant from such source will be offset by
an equal or greater decrease in the quantity of emissions of another
hazardous air pollutant (or pollutants) from such source which is
deemed more hazardous, pursuant to guidance issued by the Administrator
under Section 112 of the Clean Air Act. The owner or operator of such
source shall submit a showing to the Bureau, at least 30 days prior
to such change, that such increase has been offset under the preceding
sentence.
(3)
Notwithstanding the requirements of Subsection B below, a new source which is issued an installation permit and commences construction or reconstruction, in accordance with a permit issued under this chapter, after a standard, limitation, or regulation applicable to such source is proposed and before such standard, limitation, or regulation is promulgated shall not be required to comply with such promulgated standard until the date three years after the date of promulgation, or for such other period if specified in the regulation, if:
(4)
A source for which construction or reconstruction
is commenced after the date a MACT emission standard applicable to
such source is proposed by EPA, but before the date a health risk
based emission standard applicable to such source is proposed by EPA,
shall not be required to comply with the health risk based emission
standard until the date 10 years after the date construction or reconstruction
is commenced.
B.
Standards for issuance. The Department shall not issue
any installation permit unless it has complied with all applicable
requirements under this chapter for public notice and received a complete
application meeting the requirements of this article, which application
includes, or demonstrates that:
(1)
An identification of all other installation permits
issued by the Department for the sources affected after November 15,
1990;
(2)
The nature and amounts of emissions from the sources
affected and from associated mobile sources;
(3)
The location, design, construction and operation of
the sources affected as they relate to emission characteristics;
(4)
Emissions from the proposed source will not prevent the attainment and maintenance of the ambient air quality standards established by Article I 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;
(5)
The proposed source will comply 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;
(6)
For new sources, BACT has been applied;
(7)
Emissions from the proposed source will not endanger
the public health, safety or welfare;
(8)
The proposed source or modification will comply with
all applicable NSPS requirements, existing and new source MACT standards,
Generally Achievable Control Technology (GACT) standards, and NESHAP
requirements 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;
(9)
All existing air pollution sources within the Commonwealth
which are required to have operating permits and which are owned,
operated, or allowed to be operated, by the applicant or permittee
or by any person controlling, controlled by, or under common control
with the applicant or permittee are in compliance with all applicable
requirements of the Air Pollution Control Act, the rules and regulations
promulgated under the Air Pollution Control Act, this chapter, any
City of Philadelphia air pollution control rule or regulation, and
any air pollution control plan approval, permit, or order of the DEP,
the Department, or the City of Philadelphia, as indicated by the DEP's
compliance docket, or such noncompliance is being corrected to the
satisfaction of the primary air pollution control enforcement agency(s)
for the source(s) in violation;
(10)
All 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
(b)
Must ensure that the terms and conditions of
each such alternative scenario meet all applicable requirements under
this chapter; and
(11)
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 Paragraph 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.
C.
Major sources. The Department shall not issue any installation permit for a major source unless, in addition to meeting the requirements of Subsection B above, the application demonstrates compliance with all applicable requirements of this article.
D.
Construction activities. If construction activities
associated with the installation, modification, replacement, reconstruction,
or reactivation of any source of air pollution control equipment to
which this chapter applies involves the grading, excavating, or deposition
of earth on 0.5 acre of land or more, the application required by
this section shall include a plan for the implementation of all reasonable
actions to prevent fugitive dust from becoming airborne. Such plan
shall include at a minimum, a description of the nature and scope
of the activities involved, fugitive dust control measures to be implemented,
and a time schedule on which these measures will be implemented. Such
plan shall be reviewed by the Department as part of the permit application
review provided for by this article and, once approved, shall be considered
part of the permit issued by the Department.
E.
Conditions. The Department may issue permits subject to such terms and conditions as are appropriate to ensure continued compliance with the requirements of this chapter, the Air Pollution Control Act and the Clean Air Act. Such terms and conditions may include, but are not limited to, requiring periodic progress reports, ambient or source monitoring, and operating or maintenance requirements. The initiation of installation, modification, replacement, reconstruction, or reactivation without having first been issued an installation permit as required by this section, and any reactivation plan required by Article III of this chapter, shall be deemed acceptance by the source of all terms and conditions later specified by the Department. Further, the initiation of installation, modification, replacement, reconstruction, or reactivation under an installation permit and any reactivation plan shall be deemed acceptance by the source of all terms and conditions specified by the Department in the permit and plan.
F.
Revocation. The Department may, at any time, revoke
an installation permit if it finds that:
(1)
Any statement made in the permit application is not
true, or that material information has not been disclosed in the application;
(2)
The source is not being installed, modified, replaced,
reconstructed, or reactivated in the manner indicated by the permit
or applicable reactivation plan;
(3)
Air contaminants will not be controlled to the degree
indicated by the permit;
(4)
Any term or condition of the permit has not been complied
with;
(5)
The Department has been denied lawful access to the premises or records, charts, instruments and the like as authorized by Article IX of this chapter; or
(6)
In the case of a major source, the EPA has found,
pursuant to Section 126(b) of the Clean Air Act, that emissions from
such source would prevent the attainment or maintenance by any other
state of any primary or secondary NAAQS's or that such emissions would
interfere with any measure required to be included in the applicable
SIP 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; provided, however, that nothing herein contained shall
prevent the reissuance of such permit upon a demonstration that the
conditions leading to such finding by the EPA have been corrected.
In addition, the Department may, prior to the date on which construction
of the proposed source has commenced, revoke an installation permit
if a significantly better air pollution control technology has become
available for such source, a more stringent regulation applicable
to such source has been adopted, or any other change has occurred
which requires a more stringent degree of control of air contaminants.
G.
Term.
[Amended 3-20-2012 by Ord. No. 5-12]
(1)
An
installation permit shall expire in 18 months if construction has
not commenced within such period or shall expire 18 months after such
construction has been suspended, if construction is not resumed within
such period. Installation permits shall authorize temporary operation
to facilitate shakedown of sources and air cleaning devices, to permit
operations pending issuance of a related subsequent operating permit,
or to permit the evaluation of the air contamination aspects of the
source. Such temporary operation period shall be valid for a limited
time, not to exceed 180 days, but may be extended for additional limited
periods, each not to exceed 120 days, except that no temporary operation
shall be authorized or extended which may circumvent the requirements
of this chapter.
(2)
For
major sources, if the construction, modification or installation is
not commenced within 18 months of the issuance of any installation
permit or if there is more than an eighteen-month lapse in construction,
modification or installation, a new installation permit application
shall be submitted. The Department may extend the eighteen-month period
upon a satisfactory showing that an extension is justified.
H.
Synthetic minors - administrative operating permit
amendments.
(1)
Any permit applicant for a source, emission unit, or a pollutant at such source or emission unit, not otherwise subject to § 505-18 below, upon written notice to the Department as part of its application under this Part, may choose to, and thereafter become, subject to § 505-18C below for the purposes of subjecting the application to public and federal review in order to establish federal enforceability of such permit upon issuance.
(2)
Any permit applicant for a source, emission unit, or a pollutant at such source or emission unit, not otherwise subject to § 505-18 below, but for which a subsequent related operating permit or operating permit amendment is required under Article III of this chapter, shall be subject to § 505-18C below for the purposes of subjecting the application to public and federal review in order to establish federal enforceability of such permit upon issuance, except that where only a minor operating permit modification is required, only such minor modification procedures regarding notice shall be required.
(3)
Until the first amendments to this chapter, including this subsection, are approved by the EPA, all applications under this subsection, upon approval by the Department, will be submitted to the EPA as proposed revisions to the County's portion of the SIP. Except as required for a SIP amendment, the public hearing provided for under § 505-18, for purposes of this subsection shall only be held if deemed necessary by the Department.
I.
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).
J.
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 §§ 127.44, 127.45, and 127.51, 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.
K.
Restrictions on sources with violations.
[Added 4-20-2004 by Ord. No. 10-04]
(1)
Applicability. This subsection applies to all sources
in Allegheny County submitting an installation permit application
after the effective date of this regulation. This subsection does
not apply to sources installing air pollution control equipment, or
projects that do not increase total potential air emissions of any
regulated pollutant at those sources.
(2)
General provisions.
(a)
The Department shall not issue an installation permit if the source or any other source in Allegheny County owned or operated by the applicant has been in violation of any applicable requirement as defined in this chapter at any time in the prior 18 months, except as provided under Subsection K(3) of this subsection. For the purpose of this subsection only, an applicant shall be deemed to own a source if the applicant or its parent corporation has a fifty-percent or greater interest in the source, directly or through a partnership or subsidiary.
(b)
The applicant shall include in the permit application
a written history of compliance with all applicable requirements in
the prior 12 months based on information and belief formed after reasonable
inquiry. The history of compliance must be certified by a responsible
official of the source.
(3)
For the purpose of this subsection only, the permit
issuance will not be prohibited for:
(a)
Violations that are the result of events beyond
the reasonable control of the applicant as determined by the Department;
(b)
Violations that the Department determines are
due to infrequent exceedances that have not caused a significant increase
in emissions, are not indicative of a systemic failure to meet applicable
requirements, and the violations have been corrected to the satisfaction
of the Department;
(c)
Violations based solely on recordkeeping or
reporting requirements, and the violations have been corrected to
the satisfaction of the Department; or
(d)
Violations for which the source or the Department
has identified a compliance problem and the violations are being corrected
pursuant to a compliance plan approved by the Department that meets
the provisions of § 505-25B(2)[h] and the source has operated
in compliance with that plan for six months or more, or has completed
such a plan to the satisfaction of the Department.
(4)
Except for violations as described in Subsection B(3)(c)
above, if a source is subsequently found to be in violation of the
terms and conditions of a compliance plan which satisfies the requirements
of Subsection B(3)(d) above, the Department shall revoke the installation
permit, and the source shall cease all work allowed by the installation
permit, other than work necessary for the protection of worker or
public safety.
A.
General. In addition to satisfying the requirements of § 505-17B of this article above, the installation permit application for any new or modified major source shall demonstrate compliance with all provisions of this section.
B.
Interstate notification.
(1)
The installation permit application for a proposed
new or modified major source shall include proof that the applicant
has provided written notice to the air quality permitting agencies
or departments of all affected states. Such notice shall include at
a minimum an identification of the type of source to be constructed
or modified, its location and projected start-up date, an identification
of the types and amounts of air contaminants which will be emitted
and the effective height of all significant emissions points, the
name and address of a person who will provide such additional information
as may be requested, and the address of the Bureau of Environmental
Quality for the receipt of comments.
C.
Public notice and hearing. Upon a determination that
an installation permit application for a new or modified major source
meets the requirements of this chapter, the Department shall prepare
a notice of its proposed approval of the application and of a public
hearing on such proposed approval to the held no sooner than 30 days
following publication of such notice in accordance with this subsection.
Such notice shall include at a minimum the name of the owner or operator,
the type and size of the source, the proposed location, a concise
summary of the manner in which the requirements of this article have
been met, an identification of at least one location within the County
where all information submitted in support of the application may
be examined by the public, an employee of the Department to whom public
comments may be sent no later than 10 days following the public hearing
and to whom requests to testify at the public hearing may be sent
within 30 days of the publication of the notice, and the date, time,
and location of the public hearing. The Department shall then:
(1)
Cause such notice to be published by prominent advertisement
in either, at the discretion of the Department, at least two newspapers
of general circulation in the County, or at least one newspaper of
general circulation in the County and at least one local newspaper
of general circulation in the municipality of the proposed location,
for at least one day in each newspaper. The applicant shall pay for
the cost of all publications and certifications under this subsection;
(2)
Cause copies of the notice to be mailed to the Regional
Administrator of the EPA, the Chairman of the Allegheny County Air
Pollution Control Advisory Committee, the Chairman of the Allegheny
County Board of Health, the appropriate agencies or departments of
affected states, such other regional and local government units as
specified by the Department, and 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;
(3)
Retain all information submitted in support of the
permit application in at least one location in the County and make
all such information available for public inspection;
(4)
Provide copies of the Department's notice to any person
who requests it; and
(5)
Obtain facilities for a public hearing to be held
by the Department, at a place, date, and time determined in advance
by the Department, and cause such hearing to be stenographically transcribed
and a copy thereof to be furnished to the Department. The applicant
shall pay for the cost of all public hearings and transcripts under
this subsection.
[Amended 6-7-2005 by Ord. No. 33-05; 3-20-2012 by Ord. No. 5-12]
A.
Applicability. This section shall apply to any new major facility,
as defined by 25 Pa. Code § 121.1, and to any major modification
of an existing source which is located in a nonattainment area or
transport region of the County or which will have a significant air
quality impact on any nonattainment area or transport region. Procedures
in 25 Pa. Code § 127.203a shall be followed in determining
whether any modification at a major source is determined to be a major
modification.
(1)
Except as otherwise specifically provided under this section, this
section shall be applied consistent with the provisions of the state
regulation for new source review applicability determination promulgated
under the Air Pollution Control Act at 25 Pa. Code §§ 127.203
[except § 127.203(b)], 127.203a, and 127.204, which are
hereby incorporated by reference into this subsection. All terms used
in 25 Pa. Code §§ 127.203 [except § 127.203(b)],
§ 127.203a, and 127.204 and defined in 25 Pa. Code 121.1
are incorporated by reference, except as explicitly set forth herein.
Additions, revisions, or deletions to such regulation by the commonwealth
are incorporated into this subsection and are effective on the date
established by the state regulations, unless otherwise established
by regulation under this chapter.
(3)
Circumvention. Regardless of the exemptions provided in this section,
an owner or other person may not circumvent this section by causing
or allowing a pattern of ownership or development, including the phasing,
staging, delaying or engaging in incremental construction, over a
geographic area of a source which, except for the pattern of ownership
or development, would otherwise require a permit or submission of
an installation permit application. In determining the LAER standard
for such increments, the Department shall consider the stage of construction
of each increment and the feasibility of installing additional air
pollution controls on each.
B.
Conditions for approval. The Department shall not issue an installation
permit, or issue, amend, modify, or reissue a related operating permit,
for any source to which this section applies unless the applicant
demonstrates that all of the following conditions are met:
(1)
Except as otherwise specifically provided under this subsection,
conditions for approval of an installation permit shall be applied
consistent with the provisions of the state regulation for new source
review promulgated under the Air Pollution Control Act at 25 Pa. Code
§§ 127.201 through 127.205 [except § 127.201(f)],
which are hereby incorporated by reference into this subsection. All
terms used in 25 Pa. Code §§ 127.201 through 127.205
[except § 127.201(f)], and defined in 25 Pa. Code § 121.1,
are incorporated by reference, except as explicitly set forth herein.
Additions, revisions or deletions to such regulations by the commonwealth
are incorporated into this subsection and are effective on the date
established by the state regulations, unless otherwise established
by regulation under this chapter.
(2)
For purposes of this subsection: "Department" shall mean "Department" as defined under this chapter; "Plan approval" shall mean installation permit; "Title V Permit" shall mean an operating permit issued under Article III; "Responsible official" shall mean "responsible official" as defined under this chapter; Public notification procedures shall follow the requirements of §§ 505-16, 505-17, 505-18 and 505-19; and "EHB" shall mean the "Department under Article XI."
(3)
Emission offsets. The applicant shall demonstrate that it has secured
emission reduction credits from the state ERC registry system to offset
allowable emissions and fugitive dust emissions from the proposed
new source or the proposed modification by at least the ratios set
forth below.
(a)
Incorporation by reference. Except as otherwise specifically
provided under this subsection, the state regulations for the use
of emission reduction credits and offset ratios promulgated under
the Air Pollution Control Act at 25 Pa. Code §§ 127.206
through 127.210, inclusive, are hereby incorporated by reference into
this subsection. All terms used in 25 Pa. Code 127.206 through 127.210,
inclusive, and defined in 25 Pa. Code § 121.1, are incorporated
by reference except as explicitly set forth herein. Additions, revisions
or deletions to such regulations by the commonwealth are incorporated
into this subsection and are effective on the date established by
the state regulations, unless otherwise established by regulation
under this chapter.
C.
Temporary sources. Temporary sources shall not be required to comply
with net air quality benefit and offsets requirements.
D.
Fuel switches. The Department may issue an installation permit for
the modification of an existing source which is required to switch
fuels pursuant to a federal order or fuel curtailment plan if:
E.
Portable facilities; incorporation by reference. The state regulations
for portable facilities under the Air Pollution Control Act at 25
Pa. Code § 127.212 are hereby incorporated by reference
into this subsection. All terms used in 25 Pa. Code § 127.212
and defined in 25 Pa. Code § 121.1 are incorporated by reference.
Additions, revisions or deletions to such regulations by the commonwealth
are incorporated into this subsection and are effective on the date
established by the state regulations, unless otherwise established
by regulation under this chapter.
F.
Requirements for modeling. Where air quality models are used to meet
the provisions of this section, modeling shall be based on the applicable
models and other requirements specified in 40 CFR Part 51 Appendix
W (Guideline on Air Quality Models). Where an air quality model specified
in the Guideline on Air Quality Models is inappropriate, the model
may be modified or another model may be substituted only on a case-by-case
basis at the Department's discretion upon written approval by
the Administrator of the EPA. In addition, use of a modified or substituted
model must be subject to notice and opportunity for public comment
under procedures set forth in 40 CFR 51.102.
[Amended 11-5-2014 by Ord. No. 17-14]
G.
Plantwide applicability limits (PALs).
(1)
The plantwide applicability limits (PALs) regulations in 25 Pa. Code
§ 127.218 are hereby incorporated by reference into this
subsection. All terms used in 25 Pa. Code § 127.218 and
defined in 25 Pa. Code § 121.1 are incorporated by reference,
except as explicitly set forth herein. Additions, revisions or deletions
to such regulations by the commonwealth are incorporated into this
subsection and are effective on the date established by the state
regulations, unless otherwise established by regulation under this
chapter.
A.
General provisions. The Prevention of Significant
Deterioration (PSD) requirements as promulgated in 40 CFR 52.21 by
the Administrator of the EPA pursuant to Section 161 of the Clean
Air Act are hereby adopted in their entirety and incorporated herein
by reference. For the purposes of this section, all of the definitions
adopted by the federal regulations in this subsection are hereby incorporated
by reference, including those of source and major source. Additions,
revisions, or deletions to the PSD requirements adopted by EPA are
incorporated into this chapter and are effective on the date established
by the federal regulations, unless otherwise established by regulation
of the Department.
B.
Permits. Notwithstanding the issuance of any installation
permit pursuant to this chapter, no person shall commence the construction
of, and no operating permit shall be issued pursuant to this chapter
for, any new or modified major source in an attainment or unclassified
area of the County until such person has obtained a PSD permit from
the Department or has obtained a written determination from the Department
that a PSD permit is not required for such source under the applicable
statutes, regulations, or other laws.
C.
Exemption. The PSD provisions of this chapter shall not apply to sources of hazardous air pollutants as defined in Article I of this chapter.
D.
Violation. It shall be a violation of this chapter giving rise to the remedies provided by § 505-79 of this chapter for any person to commence construction of or to allow construction to commence on, or to own, operate, or allow to be operated, any new or modified major source in an attainment or unclassified area of the County in a manner that does not comply with all PSD requirements as promulgated by the EPA and incorporated herein.
[Amended 8-27-2013 by Ord. No. 23-13]
[Amended 3-20-2012 by Ord. No. 5-12]
A.
Incorporation by reference. Except as otherwise specifically provided
under this subsection, the state regulations for registration of emission
reduction credits promulgated under the Air Pollution Control Act
at 25 Pa. Code §§ 127.206 through 127.209 inclusive
are hereby incorporated by reference into this subsection. All terms
used in 25 Pa. Code §§ 127.206 through 127.209 and
defined in 25 Pa. Code § 121.1 are incorporated by reference,
except as explicitly set forth herein. Additions, revisions, or deletions
to such regulations by the commonwealth are incorporated into this
Subsection and are effective on the date established by the state
regulations, unless otherwise established by regulation under this
chapter.
C.
Reports. All applications, notices and reports required to be submitted
to the commonwealth under the applicable state emission reduction
credit regulations shall be submitted to the Allegheny County Health
Department by the same deadline set forth in such regulations.
D.
Applications for registration of emission reduction credits shall
be accompanied by the payment of a nonrefundable verification fee
payable to the Allegheny County Air Pollution Control Fund. The amount
of the fee shall be set by the Board of Health and approved by Allegheny
County Council. The Department may prepare a form required to be used
in providing the notice required by this section.
E.
Within 180 days of receipt of a properly completed notice, with the
appropriate fee, the Department shall verify the amount of offsets
available, if any, setting forth the amount, location, pollutant characteristics,
and the creation date of such offsets, and provide notice to the owner
or operator of such verification. The owner or operator of the source
affected shall provide the Department with all information and shall
bear the cost of such tests, studies, and the like, as are necessary
for such verification.
F.
The Department shall then forward such notice and verification to
the air quality permitting agency for the Commonwealth of Pennsylvania
for registration in the state emission reduction credit registry system.
G.
Emission offset credits under this section shall not be available
for use until registered in the state registry system, at which time
the existence and availability of such credits becomes subject to
the state regulations for registered emission reduction credits promulgated
under the Air Pollution Control Act.
H.
Transfers. Registered offsets shall only be transferable as provided
for under the applicable state regulations, except that offsets created
in Allegheny County or to be used in Allegheny County shall be transferable
to and from 501(c)(3) nonprofit corporations and governmental bodies
and authorities for the purpose of facilitating the use of such credits.
The applications for and issuance of installation
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. In addition to the other requirements of this article,
an application for an installation permit under this section shall
include:
A.
A report of the results of the analysis of a representative
sample of the fuel to be used in accordance with § 505-69A
of this chapter; and
B.
For equipment in which the owner or operator is requesting to burn waste-derived liquid fuel pursuant to § 505-46B(1)(d) of this chapter, a report of the results of a diffusion modeling analysis as required by § 505-46B(2)(f)(3)[b] of this chapter.
A.
Installation permit application fee. On the date that
an application for an installation permit is submitted under this
article the owner or operator of such source shall submit to the Department,
in addition to all other applicable emission and administration fees,
an installation permit application fee in an amount determined under,
and in accordance with, the requirements of this section.
B.
Amount of application fees. A schedule of the amounts
of the application fees required by this article for installation
permit application fees shall be set by the Board of Health. Consideration
shall be given to the degree of technical and regulatory difficulty
in establishing fees for the following categories of installation
permits:
[Amended 7-7-2009 by Ord. No. 30-09]
(1)
For any source requiring a prevention of significant
deterioration (PSD) permit under this article.
(2)
For any source requiring an installation permit under this section which requires the Department to establish a MACT standard for such source, but not subject to Subsection B(1) above.
(4)
For any source requiring an installation permit under
this section and subject to an existing NSPS, NESHAP, or MACT standard.
C.
Annual installation permit administration fee. No
later than 30 days after the date that an application for an installation
permit is approved under this Part, and on or before the last day
of the month in which such permit application was approved in each
year thereafter, during the term of such permit until a subsequent
corresponding operating permit or amended operating permit is properly
applied for, the owner or operator of such source shall pay to the
Department, in addition to all other applicable emission and administration
fees, an annual installation permit administration fee in an amount
set by the Board of Health.
[Amended 7-7-2009 by Ord. No. 30-09]
D.
E.
Payment of fees. Payment of the required fees under
this article shall be made by check or money order payable to the
"Allegheny County Air Pollution Control Fund."
F.
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]