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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 6142 (September 30, 2023).

25 Pa. Code § 127.424. Public notice.

§ 127.424. Public notice.

 (a)  Except as provided in §  127.462 (relating to minor operating permit modifications), the Department will prepare a notice of action to be taken on applications for an operating permit.

 (b)  For sources identified in §  127.44(b)(1)—(5) (relating to public notice), the notice required by subsection (a) will be completed and sent 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. An operating permit will not be issued by the Department if the applicant fails to submit the proof of publication. The Department will publish notice for the sources identified in §  127.44(b) in the Pennsylvania Bulletin.

 (c)  If the Department denies an operating permit, written notice of the denial will be given to requestors and to the applicant and will be published in the Pennsylvania Bulletin.

 (d)  In each case, the Department will publish notices required in subsection (a) in the Pennsylvania Bulletin.

 (e)  The notice will state, at a minimum, the following:

   (1)  The location at which the application may be reviewed. This location shall 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)  Permits issued to sources identified in §  127.44(b)(1)—(5) or permits issued to sources with limitations on their potential to emit used to avoid otherwise applicable Federal requirements may become a part of the SIP and will be submitted to the EPA for review and approval.


   The provisions of this §  127.424 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P.S. §  4005(a)(1) and (8)).


   The provisions of this §  127.424 amended January 15, 2021, effective January 16, 2021, 51 Pa.B. 283. Immediately preceding text appears at serial page (384988).

Cross References

   This section cited in 25 Pa. Code §  127.218 (relating to PALs); 25 Pa. Code §  127.425 (relating to contents of notice); 25 Pa. Code §  127.426 (relating to filing protests); and 25 Pa. Code §  127.465 (relating to significant operating permit modification procedures).

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