Allegheny County, PA Permits generally.

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.

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.

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.

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.

Rejection or revocation.

If the Department rejects any permit application under this article or Article III of this chapter or revokes any permit previously issued under this article or Article III of this chapter, it shall so advise the applicant in writing, summarizing the reasons for the rejection or revocation.

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.

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.

Modification of permits. Upon written request or upon its own motion, the Department may modify a permit previously issued to correct clerical errors.

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.

Appeals.

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.

In all such cases involving the provisions of this article, a hearing granted pursuant to this subsection:

Shall not be held before employees of the Department who are assigned to the Bureau of Environmental Quality Division of Air Quality; and

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.

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.

Compliance history.

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).

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.

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.

Under the regulations incorporated by reference under this subsection:

"Plan approval" shall mean installation permit;

"Department" shall mean Department as defined under this chapter;

"Responsible official" shall mean responsible official as defined under this chapter;

"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

General permits.

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.

For purposes of this chapter:

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;

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

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.

Under the regulations incorporated by reference under this Subsection:

"Plan approval" shall mean "installation permit";

"Department" shall mean Department as defined under this chapter;

"Pennsylvania Bulletin" shall mean Pennsylvania Bulletin or a newspaper of general circulation in the County; and

"Facility" shall mean "source."

Emissions trading at sources with federally enforceable emissions cap.

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.

Under the regulations incorporated by reference under this subsection:

"Facility" shall mean "source" as defined under this chapter;

"Source" shall mean "emissions unit";

"Department" shall mean "Department" as defined under this chapter;

"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."

Temporary sources at multiple locations.

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.

For purposes of this chapter:

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;

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

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.

Under the regulations incorporated by reference under this subsection:

"Plan approval" shall mean "installation permit";

"Department" shall mean "Department" as defined under this chapter;

"Pennsylvania Bulletin" shall mean "Pennsylvania Bulletin" or a newspaper of general circulation in the County; and

"Facility" shall mean "source."

§ 505-17 Installation permits.

General requirements.

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:

The Department has first issued an installation permit for such source or equipment; or

Such action is solely a reactivation of a source with a current operating permit which is approved under § 505-25D of this chapter.

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.

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:

The promulgated standard, limitation, or regulation is more stringent than the standard, limitation or regulation proposed; and

The source complies with the standard, limitation, or regulation as proposed during such period immediately after promulgation.

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.

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:

An identification of all other installation permits issued by the Department for the sources affected after November 15, 1990;

The nature and amounts of emissions from the sources affected and from associated mobile sources;

The location, design, construction and operation of the sources affected as they relate to emission characteristics;

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;

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:

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

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.

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.

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.

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.

Revocation. The Department may, at any time, revoke an installation permit if it finds that:

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

The source is not being installed, modified, replaced, reconstructed, or reactivated in the manner indicated by the permit or applicable reactivation plan;

Air contaminants will not be controlled to the degree indicated by the permit;

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

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.

Term.

[Amended 3-20-2012 by Ord. No. 5-12]

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.

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.

Synthetic minors - administrative operating permit amendments.

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.

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.

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.

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).

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.

Restrictions on sources with violations.

[Added 4-20-2004 by Ord. No. 10-04]

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.

General provisions.

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.

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.

The Department shall not issue an installation permit unless the applicant has satisfied the provisions of Subsection K(2)(b) of this subsection, and is not in violation of any applicable requirements up until the time of permit issuance, except as provided in Subsection K(3) below.

For the purpose of this subsection only, the permit issuance will not be prohibited for:

Violations that are the result of events beyond the reasonable control of the applicant as determined by the Department;

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;

Violations based solely on recordkeeping or reporting requirements, and the violations have been corrected to the satisfaction of the Department; or

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.

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.

§ 505-18 Installation permits for new and modified major sources.

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.

Interstate notification.

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.

No installation permit shall be issued pursuant to this chapter sooner than 60 days after issuance of any notice to all affected states as required under Subsection B(1) above.

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:

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;

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;

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;

Provide copies of the Department's notice to any person who requests it; and

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.

§ 505-19 Major sources locating in or impacting nonattainment area.

[Amended 6-7-2005 by Ord. No. 33-05; 3-20-2012 by Ord. No. 5-12]

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.

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.

For purposes of this subsection:

"Department" shall mean "Department" as defined under this chapter; and

"Plan approval" shall mean "installation permit."

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.

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:

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.

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."

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.

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.

For purposes of this subsection:

[1]

"Plan approval" shall mean "installation permit"; and

[2]

For 25 Pa. Code §§ 127.206 through 127.210 [except §§ 127.206(d)(2), 127.207(3)(vii), 127.208(5), 127.209(a) and 127.209 (c)], "Department" shall mean "Department" as defined under this chapter.

Temporary sources. Temporary sources shall not be required to comply with net air quality benefit and offsets requirements.

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:

The applicant demonstrates that it has used all best efforts to secure all available offsets; and

The applicant is made subject to a permit condition requiring it to use all best efforts to secure additional offsets until the requirements of Subsection B(3) are met.

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.

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]

Plantwide applicability limits (PALs).

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.

For purposes of this subsection:

Public notification procedures shall follow the requirements of §§ 505-16, 505-17, 505-18 and 505-19;

"Plan approval" shall mean installation permit; and

"Department" shall mean the Allegheny County Health Department.

§ 505-20 Prevention of significant deterioration.

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.

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.

Exemption. The PSD provisions of this chapter shall not apply to sources of hazardous air pollutants as defined in Article I of this chapter.

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]

§ 505-21 Emission offset registration.

[Amended 3-20-2012 by Ord. No. 5-12]

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.

For purposes of this section:

"Plan approval" shall mean installation permit; and

For 25 Pa. Code §§ 127.206 through 127.209 [except §§ 127.206(d)(2), 127.207(3)(vii), 127.208(5), 127.209(a) and (e)], "Department" shall mean Department as defined under this chapter.

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.

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.

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.

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.

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.

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.

§ 505-22 Waste-derived liquid fuel.

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 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

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.

§ 505-23 Installation permit application and administration fees.

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.

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]

For any source requiring a prevention of significant deterioration (PSD) permit under this article.

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.

For any source requiring an installation permit under this section and subject to § 505-19 or 505-20 above involving new major sources and major modifications locating in or impacting a nonattainment area, but not subject to Subsection B(1) or (2) above.

For any source requiring an installation permit under this section and subject to an existing NSPS, NESHAP, or MACT standard.

For any source requiring an installation permit under this section but not subject to either Subsection B(1), (2), (3) or (4) above, and for all applications to use general installation permits.

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]

Minor installation permit modifications.

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

Modifications to installation permits may be applied for but only upon submission of an application with a fee paid and where:

No reassessment of any control technology determination is required; and

No reassessment of any ambient air quality impact is required.