COMPLAINT

Article XXI § 2103.11.g specifically provides that a failure by ACHD to take timely final action on an application for a Title V operating permit “constitutes a final action by the Department for the sole purpose of being appealable,” and that the “Court of Common Pleas may require that the Department take action on an application without further delay.” III. [...] Specifically, the Act requires that: The permitting authority shall approve or disapprove a completed application…, and shall issue or deny the permit, within 18 months after the date of receipt thereof, except that the permitting authority shall establish a phased schedule for acting on permit applications submitted within the first full year after the effective date of a permit program (or a par. [...] Consistent with the Clean Air Act, § 2103.11.g of Article XXI lays out the general timeline under which ACHD must take final action on an application for a Title V permit for a source in Allegheny County, providing in relevant part that: Unless otherwise specifically provided under this Part, the Department shall take final action within 18 months of the date of a submittal of a complete applicati. [...] ACHD’s failure to issue a final permit deprives Plaintiff’s members of the protection that a final Title V permit would provide, and also interferes with Plaintiff’s right to comment on a proposed permit, challenge a deficient permit, to know what the enforceable limitations applicable to the plant are, and to potentially enforce against violations of those limitations. [...] ACHD’s failure to issue a final permit deprives Plaintiff’s members of the protection that a final Title V permit would provide, and also interferes with Plaintiff’s right to comment on a proposed permit, challenge a deficient permit, to know what the enforceable limitations applicable to the plant are, and to potentially enforce against violations of those limitations.