25 Pa. Code § 127.44 - Public notice
(a) The
Department will publish in the Pennsylvania Bulletin a notice
of receipt and intent to issue for each plan approval application, except plan
approval applications subject to the notice requirements of subsection (b). The
Department will prepare a notice of receipt and intent to issue in accordance
with §
127.45(a)
(relating to contents of notice).
(b) The Department will prepare a notice, in
accordance with §
127.45(b), of
action to be taken on applications for plan approvals for the following:
(1) Sources subject to Subchapter D (relating
to prevention of significant deterioration of air quality).
(2) Sources subject to Subchapter E (relating
to new source review).
(3) Sources
of VOCs that submit plan approval applications demonstrating compliance with
Chapter 129 (relating to standards for sources) using §
129.51(a)
(relating to general).
(4) Sources
located within a Title V facility.
(5) Other sources for which the Department
has determined there is substantial public interest or for which the Department
invites public comment.
(c) The notice required by subsection
(b)(1)-(4) will be completed and sent by the Department to the applicant, the
EPA, any state within 50 miles of the facility and any state whose air quality
may be affected and that is contiguous to this Commonwealth. The applicant
shall, within 10 days of receipt of notice, publish the notice on at least 3
separate days in a prominent place and size in a newspaper of general
circulation in the county in which the source is to be located; proof of the
publication shall be filed with the Department within 1 week thereafter. A plan
approval will not be issued by the Department in the event of failure by the
applicant to submit the proof of publication.
(d) If the Department denies a plan approval,
the requirements of subsection (c) do not apply. Written notice of a denial
will be given to requestors and to the applicant in accordance with §
127.13c (relating to notice of
basis for certain plan approval decisions).
(e) In each case, the Department will publish
notices required in this section in the Pennsylvania
Bulletin.
(f) The notice
will state, at a minimum, the following:
(1)
The location at which the application may be reviewed. This location must be in
the region affected by the application.
(2) A 30-day comment period, from the date of
publication, will exist for the submission of comments.
(3) Plan approvals issued to sources
identified in subsection (b)(1)-(4) or plan approvals issued to sources with
limitations on the potential to emit may become part of the SIP and will be
submitted to the EPA for review and approval.
Notes
The provisions of this § 127.44 amended under sections 5(a)(1) and 6(b.3) of the Air Pollution Control Act (35 P.S. §§ 4005(a)(1) and 4006.1(b.3)).
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