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25 Pa. Code § 127.44. Public notice.

§ 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.


   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)).


   The provisions of this §  127.44 adopted August 12, 1977, effective August 29, 1977, 7 Pa.B. 2251; amended August 12, 1983, effective August 13, 1983, 13 Pa.B. 2478; amended March 17, 1989, effective March 18, 1989, 19 Pa.B. 1173; amended November 25, 1994, effective November 26, 1994, 24 Pa.B. 5899; amended May 23, 2008, effective May 24, 2008, 38 Pa.B. 2365. Immediately preceding text appears at serial pages (327809) to (327810).

Cross References

   This section cited in 25 Pa. Code §  127.45 (relating to contents of notice); 25 Pa. Code §  127.46 (relating to filing protests); 25 Pa. Code §  127.218 (relating to PALs); 25 Pa. Code §  127.424 (relating to public notice); and 25 Pa. Code §  127.702 (relating to plan approval fees).

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