Proposed Rulemaking Permit Streamlining

25 Pa. Code, Chapter 127, Subchapter B Plan Approval Requirements

Environmental Quality Board

Harrisburg, Pennsylvania

January 17, 2007

Why the Permit Streamlining Initiative?

To determine ways to improve the permitting process, the Department investigated:

Ways to reduce the plan approval application response time;

Ways to reduce unnecessary costs to industry; and

Ways to continue to ensure that citizens receive adequate notice of all potential plan approval and permitting actions.

Air Quality Permit Streamlining Initiative

The air quality permit streamlining initiative includes the following components:

Issuance of additional General Permits; Execution of an MOU amongst the EPA, Federal Land

Managers, and DEP to expedite the processing of certain permits for major facilities;

Development of an on-line application for Requests For Determination of plan approval applicability;

Implementation of a voluntary pilot program to expedite the processing of plan approval applications; and

Amendment of existing plan approval regulations.

Why the Permit Streamlining Amendments?

The proposed revisions: Will allow the Department to more promptly

respond to applications for Plan Approval for minor permitting actions for needed production improvements;

Will allow industry to be more responsive to market changes; and

Will ensure that the public continues to have an opportunity to comment on concerns related to a project.

What are the Proposed Amendments?The proposed amendments:

Revise Section 127.12b by extending from 120 to 180 days the duration for temporary operation for testing and “shake-down” operation of new equipment.

Add a new Section 127.12d that outlines steps that will be taken if an applicant submits an incomplete application to the Department.

Revise Section 127.44 by providing for the publication of joint notices of receipt and intent to issue certain plan approvals.

Revise Section 127.45 to allow the publication of a brief description of plan approval conditions.

What are the Proposed Amendments?

The proposed amendments:

Make other minor revisions to the contents of notice requirements in Section 127.45 including an end date for receipt of written comments.

Make minor revisions to §127.48 relating to conferences and hearings; notice of fact-finding conferences or hearings will be provided in writing, by telephone, or newspapers of general circulation.

Advisory Committee Review

The proposal was reviewed by the Air Quality Technical Advisory Committee (AQTAC) on March 13, 2006.

AQTAC concurred with the Department’s efforts to improve permit streamlining and the Department’s recommendation to present the regulation to the Environmental Quality Board for consideration for proposed rulemaking.

Public Participation Process

The Department recommends a 60-day public comment period for this proposed rulemaking.

The Department recommends three public hearings for accepting comments on this proposed rulemaking.

Thank You

Thomas K. FidlerDeputy Secretary for Waste, Air and Radiation Management

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Joyce E. Epps, DirectorBureau of Air Quality

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Robert “Bo” Reiley John Slade, ChiefOffice of Chief Counsel Division of Permits