On July 27, 2024, the Pennsylvania Department of Environmental Protection (PADEP) provided a notice that there will a change in practice regarding when owners or operators of major source (Title V) facilities are required to submit Title V Operating Permit (TVOP) applications. This new change will ensure Pennsylvania’s compliance with sections 501—507 of the Federal Clean Air Act (CAA) (42 U.S.C. §§ 7661—7661f) and implementing regulations under 40 CFR Part 70 (relating to state operating permit programs).
Under the Commonwealth’s current regulations (25 Pa. Code Chapter 127, Subchapter F) an operating permit can be issued only if the source is constructed or modified and is also operating in accordance with the conditions of the plan approval issued to the facility. However, Subchapters F and G (relating to Title V operating permits) do not specify, after the source is constructed/modified and operating, when a TVOP application must be submitted to the DEP. Historically, following completion of construction or modification and startup of operation, and the owner or operator would continue to operate under that plan approval until DEP completed an inspection of the new or modified sources.
Once the inspection took place, and the DEP confirmed that the sources were operating in accordance with the plan approval, the DEP would notify the owner or operator to submit a TVOP application. The time between the completion of construction and the submission of the TVOP application could potentially last for years. According to the CAA Section 503(b) (42 U.S.C § 7661b(c)) and implementing regulations in 40 CFR 70.5(a), the owner or operator of a Title V site must submit their TVOP Application within 12 months of the start of operation.
Ultimately this change in practice ensures that PADEP can incorporate newly constructed or modified sources into TVOPs in compliance with the CAA and the PA SIP.
PADEP is now requiring owners or operators of new or modified major source facilities that are currently authorized to temporarily operate under a plan approval to submit a Title V Permit application by Monday, November 25, 2024. This requirement to submit a Title V Operating Permit within 12 months of the start of operation will also apply to any owners and operators of new or modified Title V facilities authorized and operating under a plan approval after July 27, 2024.
Title V major facilities with newly constructed or modified equipment temporarily operating under a PADEP-issued plan approval should prepare the appropriate TVOP applications for PADEP by November 25, 2024. If you are a facility impacted by this change in practice and need support on your existing plan approval or pending TVOP application, please contact Trinity’s Pittsburgh office or call 724.935.2611.
