The Pennsylvania Department of Environmental Protection (DEP) on Saturday published notice of a new practice regarding the deadlines for sources to submit their initial applications for Title V Operating Permits, something that is required under the Clean Air Act for major sources of air pollution.
It’s good news! According to DEP’s new practice, new Title V sources in Pennsylvania will, moving forward, be required to submit applications for their initial Title V Operating Permits within 12 months of beginning operations.
Note, however, that new Title V sources that are already operating will be required to submit their applications by Nov. 25 if they have not already done so.
“DEP’s existing regulations provide that a Title V source must submit its initial application for an operating permit within 120 days of the department providing notice that the application is due, but do not proscribe what, if anything, triggers DEP’s obligation to provide such notice,” GASP senior attorney John Baillie explained.
He continued:
“Accordingly, the new practice announced over the weekend should reduce the number of major sources across Pennsylvania that are operating under temporary authorizations according to the limits in their pre-construction permits.”
In our region, it appears that two sources may be affected by the new practice, including Hunter Panels in Fayette County and the Tri-County Landfill in Mercer County.
Additionally, two new major sources in our region have submitted applications for their initial Title V Operating Permits in the last several months, perhaps in anticipation of the announcement DEP’s new practice: Shell Chemical Appalachia in Beaver County and Hill Top Energy Center in Greene County
How will major sources of air pollution in Allegheny County be impacted? They won’t. Here’s why:
Sources in Allegheny County are regulated by the Allegheny County Health Department (ACHD) rather than DEP and therefore are not affected by the new practice. ACHD’s rules and regulations for Title V Operating Permits, like DEP’s, do not specify what, if anything, triggers a new source’s obligation to file its initial application for a Title V Operating Permit.