Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 08-2108a

[38 Pa.B. 6378]
[Saturday, November 22, 2008]

[Continued from previous Web Page]

PUBLIC WATER SUPPLY (PWS) PERMIT

   Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17), the following parties have applied for a PWS permit to construct or substantially modify a public water system.

   Persons wishing to comment on a permit application are invited to submit a statement to the office listed before the application within 30 days of this public notice. Comments received within the 30-day comment period will be considered in the formulation of the final determinations regarding the application. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of Environmental Protection (Department) of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held after consideration of comments received during the 30-day public comment period.

   Following the comment period, the Department will make a final determination regarding the proposed permit. Notice of this final determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.

   The permit application and any related documents are on file at the office listed before the application and are available for public review. Arrangements for inspection and copying information should be made with the office listed before the application.

   Persons with a disability who require an auxiliary aid, service or other accommodations to participate during the 30-day public comment period should contact the office listed before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

SAFE DRINKING WATER


Applications Received under the Pennsylvania Safe Drinking Water Act

MINOR AMENDMENT

   Northeast Region:  Water Supply Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.

   Application No. 4092511MA, Minor Amendment, Public Water Supply.

Applicant Pennsylvania American Water Co.
Plains Township
Luzerne County
Responsible Official Thomas Scott
Pennsylvania American Water Co.
800 West Hersheypark Drive
Hershey, PA
Type of Facility Public Water System
Consulting Engineer Scott M. Thomas, P. E.
PA American Water Co.
800 West Hersheypark Drive
Hershey, PA
Application Received Date October 17, 2008
Description of Action The rehabilitation of the Mill Creek tank No. 1.

   Application No. 6606503MA, Minor Amendment, Public Water Supply.

Applicant Aqua Pennsylvania, Inc.
Rivercrest Water System
Tunkhannock Township
Wyoming County
Responsible Official Patrick R. Burke
Aqua Pennsylvania, Inc.
50 East Woodhaven Drive
White Haven, PA
Type of Facility Public Water System
Consulting Engineer CET Engineering Services
1240 North Mountain Road
Harrisburg, PA
Application Received Date October 10, 2008
Description of Action The installation of a pipe for chlorine contact time at well
No. 1.

LAND RECYCLING AND ENVIRONMENTAL REMEDIATION

UNDER ACT 2, 1995

PREAMBLE 1


Acknowledgment of Notices of Intent to Remediate Submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).

   Sections 302--305 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the Background Standard, Statewide Health Standard, the Site-Specific Standard or who intend to remediate a site as a special industrial area must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one, a combination of the cleanup standards or who receives approval of a special industrial area remediation identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.

   Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period for sites proposed for remediation using a Site-Specific Standard, in whole or in part, and for sites remediated as a special industrial area. This period begins when a summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation to a Site-Specific Standard or as a special industrial area, the municipality within which the site is located may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified. During this comment period, the municipality may request that the person identified as the remediator of the site develop and implement a public involvement plan. Requests to be involved and comments should be directed to the remediator of the site.

   For further information concerning the content of a Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional office before which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.

   The Department has received the following Notices of Intent to Remediate:

   Southeast Region:  Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401.

   Chester Soccer Stadium Area, City of Chester, Delaware County. Steve Johnson, Weston Solutions, Inc., 1400 Weston Way, West Chester, PA 19380 on behalf of Michael Hare, FC, Pennsylvania Stadium, LLC, 322 A Street, Suite 300, Wilmington, DE 19801 has submitted a Notice of Intent to Remediate. Groundwater at the site has been impacted with the release of inorganics. The intended future use of the site is a major league soccer stadium with use for alternate venues including high school and collegiate championships concert and expositions.

   Riverplace Homes of Marcus Hook, Marcus Hook Borough, Delaware County. Mark Zunich, Reliance Environmental, Inc., 130 East Chestnut Street, Lancaster, PA 17602 on behalf of Bruce Dorbian, Marcus Hook Community Development Corporation, 1015 Green Street, Marcus Hook, PA 19061 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of other organics. The subject property is currently being redeveloped from a mixture of commercial and residential properties into a solely residential facility.

   Southcentral Region:  Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Appalachian RV Resort, Upper Bern Township, Berks County. BL Companies, 213 Market Street, 6th Floor, Harrisburg, PA 17101, on behalf of MHC Appalachian, LP, Two North Riverside Plaza, Suite 800, Chicago, IL 60606, submitted a Notice of Intent to Remediate site soils contaminated with arsenic and lead. The intended future use of this property is to remain as a campground. The site will be remediated to the Residential Statewide Health Standard.

   Former Getty Service Station 67628, Hanover Borough, York County. Tyree Environmental Corporation, 2702 Cindel Drive, Suite 7, Cinnaminson, NJ 08077, on behalf of Getty Realty Group, 125 Jericho Turnpike, Suite 103, Jericho, NY 11753, submitted a Notice of Intent to Remediate site soils contaminated with No. 2 fuel oil. The site will be remediated to a Residential Statewide Health Standard. Future use is unknown.

   Northwest Region:  Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   National Transit (National Transit Pipeline), Otto Township, McKean County. URS Corporation, 501 Holiday Drive, Suite 300, Foster Plaza 4, Pittsburgh, PA 15220 on behalf of Pennzoil-Quaker State Company, d/b/a Shell Oil Products, US (SOPUS), 5595 Wylmoor Drive, Norcross, GA 30093 has submitted a Notice of Intent to Remediate. Petroleum product impact was discovered at the Duke Center pumping station property during installation/repair of municipal sewers in 1997. Samples were collected and analyzed for diesel-range organics. Resultant data indicated petroleum impacts to both soil and groundwater. The proposed future use of the property will be limited to nonresidential use. The Notice of Intent to Remdiate was published in The Bradford Era on October 17, 2008.

DETERMINATION FOR APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS


Application for Determination of Applicability deemed complete under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904); and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and/or the Beneficial Use of Residual Waste Other Than Coal Ash

   Northcentral Region:  Regional Solid Waste Manager, 208 West Third Street, Williamsport, PA 17701.

   General Permit Application No. WMGR038 NC006, Tire Advantage Group, 29 Frosty Valley Road, Bloomsburg, PA 17815. The application for Determination of Applicability for a Tire Processing Facility in Hemlock Township, Columbia County was deemed complete by the Williamsport Regional Office on October 31, 2008.

   Comments concerning the application should be directed to David Garg, P. E., Facilities Manager, Williamsport Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984.

AIR QUALITY

PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS

NEW SOURCES AND MODIFICATIONS

   The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.

   The Department has received applications for plan approvals and/or operating permits from the following facilities.

   Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.

   Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

   Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.

PLAN APPROVALS


Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.

   25-996B: Advanced Finishing, USA (7401 Klier Drive East, Fairview Business Park, Fairview, PA 16506) for construction of an additional coating booth in Fairview Township, Erie County. This is a State-only facility.

   62-172A: Glenn O. Hawbaker, Inc. (711 East College Avenue, Bellefonte, PA 16823) to combine all the existing general permits into a plan approval and to modify equipment at a sand and gravel plant at their Brokenstraw Plant No. 22 in Pittsfield Township, Warren County.


Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.

   Northcentral Region:  Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.

   19-00025A: Ciba Specialty Chemicals Corp. (920 Seventh Avenue, Berwick, PA 18603) for installation of air cleaning devices on a starch dryer, a screen and reject bagger and a dump screen in Berwick Borough, Columbia County.

   The first proposed air cleaning device, a fabric collector, will be installed on a potato starch flash dryer and will replace the fabric collector currently being used to control the PM/PM10 emissions from the respective dryer. The second proposed air cleaning device, a cartridge collector, will be installed on a screen and reject bagger and will replace the cyclone collector currently being used to control the PM/PM10 emissions from the respective screen and reject bagger. The third proposed air cleaning device, a cartridge collector, will be installed on a dump screen and will replace the fabric collector or cartridge collector currently being used to control the PM/PM10 emissions from the respective dump screen.

   No increase in the emission of PM/PM10, or any other air contaminant, is expected to occur as a result of the air cleaning device installations.

   The facility in which the flash dryer, screen, reject bagger and dump screen are located is not a major (Title V) facility for any air contaminant.

   The Department of Environmental Protection's (Department) review of the information submitted by Ciba Specialty Chemicals Corporation indicates that the flash dryer, screen, reject bagger and dump screen will comply with all applicable conditions of State-only Operating Permit 19-00025 and all applicable regulatory requirements pertaining to air contamination sources and the emission of air contaminants following the installation of the three proposed air cleaning devices. Based on this finding, the Department proposes to issue plan approval for the installation of the three proposed air cleaning devices. Additionally, if the Department confirms that the flash dryer, screen, reject bagger and dump screen are operating in compliance with all applicable conditions of State-only Operating Permit 19-00025 and all applicable regulatory requirements following the installation of the three proposed air cleaning devices, the Department intends to incorporate the plan approval conditions into State-only Operating Permit 19-00025 in accordance with the administrative amendment requirements of 25 Pa. Code § 127.450.

   The following is a summary of the conditions the Department proposes to place in the plan approval to be issued to ensure compliance with all applicable requirements:

   1.  All conditions contained in State-only Operating Permit 19-00025 remain in effect unless amended or superseded by a condition contained herein. If there is a conflict between a condition or requirement contained in the plan approval and a condition or requirement contained in State-only Operating Permit 19-00025, the permittee shall comply with the condition or requirement contained in this plan approval rather than with the conflicting condition or requirement contained in State-only Operating Permit 19-00025.

   2.  The concentration of PM/PM10 in the exhaust of the fabric collector controlling the PM/PM10 emissions from the flash dryer shall not exceed .02 grain per dry cubic foot of effluent gas volume and the concentration of PM/PM10 in the exhaust of the cartridge collector controlling the PM/PM10 emissions from the screen and reject bagger shall not exceed .04 grain per dry standard cubic foot of effluent gas volume.

   3.  The cartridge collector controlling the PM/PM10 emissions from the dump screen shall not be exhausted to the outdoor atmosphere at any time.

   4.  The fabric collector used to control the PM/PM10 emissions from the flash dryer and the cartridge collector used to control the PM/PM10 emissions from the screen and reject bagger shall each be equipped with instrumentation to monitor the differential pressure across the collector on a continuous basis.

   5.  The air compressor used to supply compressed air to the fabric collector used to control the PM/PM10 emissions from the flash dryer and the cartridge collector used to control the PM/PM10 emissions from the screen and reject bagger shall be equipped with an air dryer and oil trap.

   6.  Spare filter bags and cartridges shall be kept onsite for the fabric collector used to control the PM/PM10 emissions from the flash dryer and the cartridge collector used to control the PM/PM10 emissions from the screen and reject bagger.

   14-00003D: The Pennsylvania State University (101P Office of Physical Plant, University Park, PA 16802-1118) for the construction of a dual-fired, combined heat and power combustion turbine and a heat recovery steam generation unit with duct burner (HRSG) located at the University Park Campus facility in College Township, Centre County. The respective facility is a major facility for which a Title V operating permit 14-00003 has been issued.

   The Department of Environmental Protection's (Department) review of the information contained in the application indicates that the construction of the respective combustion turbine and HRSG meets all applicable air quality regulatory requirements pertaining to air contamination sources and the emission of air contaminants, including BAT Requirements of 25 Pa. Code §§ 127.1 and 127.12. Based on these findings, the Department intends to issue a plan approval for the construction of the combustion turbine and HRSG. Additionally, if the Department determines that the respective sources are operating in compliance with all plan approval conditions, the conditions established in the plan approval will be incorporated into Title V operating permit 14-00003 by means of an administrative amendment under 25 Pa. Code § 127.450.

   The following is a summary of the conditions that the Department proposes to place in the plan approval to ensure compliance with all applicable regulatory requirements:

Emissions Restrictions

25 Pa. Code § 127.12b

   1.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the total emissions from Source ID P171 shall not at any time exceed any of the following limitations:

   i)  20.85 tons of NOx, expressed as (NO2), in any 12-consecutive month period;

   ii)  0.96 ton of carbon monoxide in any 12-consecutive month period;

   iii)  1.66 tons of SOx, expressed as (SO2), in any 12-consecutive month period;

   iv)  10.10 tons of PM/PM10 in any 12-consecutive month period;

   v)  5.05 tons of VOCs in any 12-consecutive month period; and

   vi)  0.02 ton of formaldehyde in any 12-consecutive month period.

25 Pa. Code § 127.12b

   2.  Compliance with the requirement specified in this streamlined permit condition assures compliance with the provisions in 40 CFR 60.4325.

   Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall not permit the emission into the outdoor atmosphere of NOx, expressed as (NO2) from Source ID P171 in a manner that the concentration of NO2 in the effluent gas exceeds the following;

   i)  15 parts per million, by volume, dry basis, corrected to 15% O2 at any time Source ID P171 is operating in a SoLoNOx mode and uses natural gas as fuel for operation.

   ii)  74 parts per million, by volume, dry basis, corrected to 15% O2 at any time Source ID P171 is operating in a SoLoNOx mode and uses No. 2 oil as fuel for operation.

25 Pa. Code § 127.12b

   3.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, during periods of start-up and shut-down, the NOx, expressed as (NO2) emissions from the exhaust of Source ID P171 shall not exceed the following;

   i)  1.2 pounds per start-up and 1.4 pounds per shut-down when Source ID P171 uses natural gas as fuel for operation.

   ii)  2.5 pounds per start-up and 2.7 pounds per shut-down when Source ID P171 uses No. 2 oil as fuel for operation.

25 Pa. Code § 127.12b

   4.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall not permit the emission into the outdoor atmosphere of CO from Source ID P171 in a manner that the concentration of CO in the effluent gas exceeds the following;

   i)  1.3 parts per million, by volume, dry basis, corrected to 15% O2 at any time Source ID P171 is operating in a SoLoNOx mode and uses natural gas as fuel for operation.

   ii)  2.6 parts per million, by volume, dry basis, corrected to 15% O2 at any time Source ID P171 is operating in a SoLoNOx mode and uses No. 2 oil as fuel for operation.

25 Pa. Code § 127.12b

   5.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, during periods of start-up and shut-down, the CO emissions from the exhaust of Source ID P171 shall not exceed the following;

   i)  113.0 pounds per start-up and 118.2 pounds per shut-down when Source ID P171 uses natural gas as fuel for operation.

   ii)  86.2 pounds per start-up and 78.9 pounds per shut-down when Source ID P171 uses No. 2 oil as fuel for operation.

25 Pa. Code § 127.12b

   6.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall not permit the emission into the outdoor atmosphere of VOCs from Source ID P171 in a manner the concentration of VOC in the effluent gas exceeds the following;

   i)  10.8 parts per million, by volume, dry basis, corrected to 15% O2 at any time Source ID P171 is operating in a SoLoNOx mode and uses natural gas as fuel for operation.

   ii)  11.2 parts per million, by volume, dry basis, corrected to 15% O2 at any time Source ID P171 is operating in a SoLoNOx mode and uses No. 2 oil as fuel for operation.

25 Pa. Code § 127.12b

   7.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, during periods of start-up and shut-down, the VOCs emissions from the exhaust of Source ID P171 shall not exceed the following;

   i)  6.5 pounds per start-up and 6.8 pounds per shut-down when Source ID P171 uses natural gas as fuel for operation.

   ii)  14.3 pounds per start-up and 12.8 pounds per shut-down when Source ID P171 uses No. 2 oil as fuel for operation.

40 CFR 60.4330

   8.  The permittee shall comply with all applicable SO2 emission standards specified in 40 CFR 60.4330.

25 Pa. Code § 127.12b

   9.  Compliance with the requirement specified in this streamlined permit condition assures compliance with the provisions in 25 Pa. Code § 123.13.

   Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall not, at any time, permit the emission into the outdoor atmosphere of total PM/PM10 from Source ID P171 in excess of the following limitations;

   i)  0.03 lb/mmBtu of heat input, at anytime, using natural gas as fuel for operation.

   ii)  0.06 lb/mmBtu of heat input, at anytime, using No. 2 oil as fuel for operation.

   iii)  0.01 gr/dscf, at anytime, using No. 2 oil or natural gas as fuel for operation.

25 Pa. Code § 127.12b

   10.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12 the permittee shall not, at any time, permit the emission into the outdoor atmosphere of formaldehyde emissions from Source ID P171 in excess of the following limitations;

   i)  0.0001 lb/mmBtu of heat input, at anytime, using natural gas as fuel for operation.

   ii)  0.00002 lb/mmBtu of heat input, at anytime, using No. 2 oil as fuel for operation.

Throughput Restrictions

25 Pa. Code § 127.12b

   11.  Additional authority for this plan approval condition is derived from the permittee requesting the following elective restriction.

   The amount of No. 2 oil used in Source ID P171 shall not exceed 486,140 gallons in any 12-consecutive month period.

Fuel Type Restriction

25 Pa. Code § 127.12b

   12.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall only use No. 2 oil containing maximum percentage of sulfur equal to 0.05% by weight for fuel to operate Source ID P171.

25 Pa. Code § 127.12b

   13.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall only use natural gas containing maximum sulfur content equal to 20 grains per 100 standard cubic foot for fuel to operate Source ID P171.

25 Pa. Code § 127.12b

   14.  The permittee shall never simultaneously use natural gas and No. 2 oil as a combined fuel mixture to operate Source ID P171.

Testing Requirements

25 Pa. Code § 127.12b

   15.  Additional authority for this plan approval condition is derived from 25 Pa. Code §§ 127.1 and 127.12.

   Within 180 days of commencement of operation of Source ID P171, the permittee shall conduct stack testing to determine the NOx, CO, VOCs, formaldehyde and PM (filterable and condensable) emission rates while separately firing natural gas and No. 2 oil. All testing shall be performed using test methods and procedures which are acceptable to the Department. The testing shall be performed while Source ID P171 is operating at maximum rated capacity.

   Subsequent stack tests shall be conducted on Source ID P171 to determine the NOx and CO emission rates while separately firing both fuels, and operating at maximum rated capacity on an approximate annual basis, but in each case, no less than 10 months and no more than 14 months following the previous test. Additionally, subsequent stack tests shall be conducted on Source ID P171 to determine the VOCs and formaldehyde emission rates while separately firing both fuels, and operating at maximum rated capacity on an approximate triennial basis, but in each case, no less than 32 months and no more than 36 months following the previous test.

   The permittee may request a change in the required frequency of testing once enough data has been generated to determine the consistency of the results.

   During the initial performance stack testing, the permittee shall record the percentage of pilot fuel flow to total fuel flow on a continuous basis. The requirement for percentage of fuel flow to total fuel flow range will be established based upon the stack test report.

25 Pa. Code § 127.12b

   16.  The permittee shall perform tests (in accordance with the provisions of 25 Pa. Code Chapter 139) or provide a fuel certification report of the percent sulfur by weight of each delivery of the fuel oil delivered to this facility.

OR

   The permittee shall keep records of the fuel certification reports obtained yearly from the fuel oil supplier stating that the sulfur percentage for each shipment of fuel oil delivered to the facility during the year shall not exceed 0.5% sulfur (by weight).

40 CFR 60.4400

   17.  The permittee shall comply with all applicable NOx testing requirements specified in 40 CFR 60.4400.

40 CFR 60.4415

   18.  The permittee shall comply with all applicable testing requirements for sulfur specified in 40 CFR 60.4415.

Monitoring Requirements

25 Pa. Code § 127.12b

   19.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12 and 40 CFR 60.4340(b)(ii), Source ID P171 shall be equipped, prior to initial start-up of Source ID P171, with instrumentation to continuously monitor operational parameters that indicate whether the Source ID P171 is operating in a low-NOx (SoLoNOx) mode.

25 Pa. Code § 127.12b

   20.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the oxidation catalyst (ID C171) associated with Source ID P171 shall be equipped with instrumentation to continuously monitor the catalyst bed inlet and outlet temperatures as well as the pressure differential across the catalyst bed.

40 CFR 60.4340

   21.  The permittee shall comply with all applicable monitoring requirements specified in 40 CFR 60.4340.

40 CFR 60.4360

   22.  The permittee shall monitor the total sulfur content of each fuel being used in Source ID P171, in accordance with the requirements specified in 40 CFR 60.4360.

Recordkeeping Requirements

25 Pa. Code § 127.12b

   23.  The permittee shall keep accurate and comprehensive records of the following information:

   i)  A copy of the stack test reports for any testing performed on Source ID P171.

   The permittee shall keep accurate and comprehensive records of the following information on a monthly basis for Source ID P171:

   ii)  The calculations of air contaminant emissions (including emission calculations during a SoLoNOx mode, start-up and shut-down) from Source ID P171 used to verify compliance with NOx, CO, SOx, VOCs, formaldehyde and PM/PM10 emissions limitations in any 12-consecutive month period.

   iii)  The type of fuel used in Source ID P171.

   iv)  The amount of fuel used in Source ID P171.

   v)  The number of start-ups and shut-downs performed on Source ID P171.

   vi)  For each delivery of No. 2 oil used to operate Source ID P171, a copy of the test results or fuel certification report that verifies compliance with No. 2 oil requirements for Source ID P171.

OR

   The permittee shall keep records of a current, valid purchase contract, tariff sheet or transportation contract obtained yearly from the No. 2 oil supplier stating that the sulfur percentage for each shipment of No. 2 oil delivered to the facility during the year shall not exceed 0.05% sulfur by weight.

   The permittee shall keep accurate and comprehensive records of the following information on a daily basis for Source ID P171:

   vii)  The percentage of pilot fuel flow to the total fuel flow.

   These records shall be kept for a minimum of 5 years and shall be made available to the Department upon request.

Reporting Requirements

25 Pa. Code § 127.12b

   24.  The permittee shall submit the following information for Source ID P171 on an annual basis:

   i)  The monthly emissions of NOx, CO, SOx and PM/PM10 emissions with the supporting calculations/documentation (includes total emissions tpy based on a 12-month rolling total for each month in a the reporting period).

   Annual reports shall be submitted to the Department by March 1 (for the January 1 through December 31 reporting period).

40 CFR 60.4

   25.  The submission of all requests, reports, applications, submittals and other communications required by 40 CFR 60.4300--60.4420 must be made to both the Department and the Environmental Protection Agency (EPA). The EPA copies may be sent to:

   Permits and Technical Assessment Branch (3AP11)
Air Protection Division
USEPA Region III
1650 Arch Street
Philadelphia, PA 19103-2029

Work Practice Standards

25 Pa. Code § 127.12b

   26.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, Source ID P171 shall only operate in a non-SoLoNOx mode during periods of start-up and shut-down. The permittee shall follow the manufacturer's recommendations for procedures of start-up and shut-down.

Additional Requirements

25 Pa. Code § 127.12b

   27.  Source ID P171 consists of a dual-fired, combined heat and power combustion turbine, manufactured as Solar Taurus 70, Model No. 70-10301S with the capacity to produce 6,800 kW of electricity and heat inputs at peak load equal to 76.83 mmBtu/hr and 86.29 mmBtu/hr when firing natural gas and No. 2 oil, respectively.

25 Pa. Code § 127.12b

   28.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, Source ID P171 shall be equipped with Solar SoLoNOx technology and a 27160 SCFM, BASF oxidation catalyst (ID C171) or equivalent as determined by the Department.

25 Pa. Code § 127.12b

   29.  Source ID P171 is subject to Subpart KKKK of the Federal Standards of Performance for New Stationary Sources, 40 CFR 60.4300--60.4420. The permittee shall comply with all applicable requirements specified in 40 CFR 60.4300--60.4420.

25 Pa. Code § 127.12b

   30.  Source ID P171 is subject to Subpart YYYY of the Federal National Emission Standards for HAPs for Source Categories, 40 CFR 63.6080--63.6175. The permittee shall comply with all applicable requirements specified in 40 CFR 63.6080--63.6175.

SOURCE ID 171

Emissions Restrictions

25 Pa. Code § 127.12b

   31.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the total emissions from Source ID 171 shall not at any time exceed any of the following limitations:

   i)  16.15 tons of NOx, expressed as (NO2), in any 12-consecutive month period;

   ii)  0.59 ton of CO in any 12-consecutive month period;

   iii)  0.09 ton of SOx, expressed as (SO2), in any 12- consecutive month period;

   iv)  1.47 tons of PM/PM10, in any 12-consecutive month period;

   v)  1.89 tons of VOCs in any 12-consecutive month period; and

   vi)  0.01 ton of formaldehyde in any 12-consecutive month period.

25 Pa. Code § 127.12b

   32.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall not permit the emission into the outdoor atmosphere of air contaminant pollutants from Source ID 171 at a rate in excess of the following limitations;

   i)  0.11 lb/mmBtu for NOx (expressed as NO2) emissions;

   ii)  0.004 lb/mmBtu for CO emissions;

   iii)  0.01 lb/mmBtu for PM/PM10;

   iv)  0.013 lb/mmBtu for VOCs; and

   v)  0.00001 lb/mmBtu for formaldehyde;

Throughput Restrictions

25 Pa. Code § 127.12b

   33.  Additional authority for this plan approval condition is derived from the permittee requesting the following elective restriction.

   The amount of natural gas used Source ID 171 shall not exceed 293.55 million standard cubic feet (mmscf) in any 12-consecutive month period.

Fuel Type Restrictions

25 Pa. Code § 127.12b

   34.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the permittee shall only use natural gas containing maximum sulfur content equal to 20 grains per 100 standard cubic foot for fuel to operate Source ID 171.

Testing Requirements

25 Pa. Code § 127.12b

   35.  Additional authority for this plan approval condition is derived from 25 Pa. Code §§ 127.1 and 127.12.

   Within 180 days of commencement of operation of Source ID 171, the permittee shall conduct stack testing to determine the NOx, CO, VOC, formaldehyde and PM/PM10 emission rates from Source ID 171. All testing shall be performed using test methods and procedures which are acceptable to the Department. The testing shall be performed while Source ID 171 is operating at maximum rated capacity.

   Subsequent stack tests shall be conducted on Source ID 171 to determine the NOx and CO emission rates while operating at maximum rated capacity on an approximate annual basis, but in each case, no less than 10 months and no more than 14 months following the previous test. Additionally, subsequent stack tests shall be conducted on Source ID 171 to determine the VOCs and formaldehyde emission rates while operating at maximum rated capacity on an approximate triennial basis, but in each case, no less than 32 months and no more than 36 months following the previous test.

   The permittee may request a change in the required frequency of testing once enough data has been generated to determine the consistency of the results.

40 CFR 60.4400

   36.  The permittee shall comply with all applicable NOx testing requirements specified in 40 CFR 60.4400.

40 CFR 60.4415

   37.  The permittee shall comply with all applicable testing requirements for sulfur specified in 40 CFR 60.4415.

Monitoring Requirements

25 Pa. Code § 127.12b

   38.  Under BAT requirements of 25 Pa. Code §§ 127.1 and 127.12, the oxidation catalyst (ID C171) associated with Source ID 171 shall be equipped with instrumentation to continuously monitor the catalyst bed inlet and outlet temperatures as well as the pressure differential across the catalyst bed.

Recordkeeping Requirements

25 Pa. Code § 127.12b

   39.  The permittee shall keep accurate and comprehensive records of the following information:

   i)  A copy of stack test reports for testing performed on Source ID 171.

   The permittee shall keep accurate and comprehensive records of the following information on a monthly basis:

   ii)  The calculations of air contaminant emissions from Source ID 171 used to verify compliance with NOx, CO, SOx, PM/PM10, VOCs and formaldehyde emissions limitations in any 12-consecutive month period.

   iii)  The amount of fuel used in the duct burner associated with Source ID 171.

   These records shall be kept for a minimum of 5 years and shall be made available to the Department upon request.

Reporting Requirements

25 Pa. Code § 127.12b

   40.  The permittee shall submit the following information for Source ID P171 on an annual basis:

   i)  The monthly emissions of NOx, CO, SOx, PM/PM10, VOCs and formaldehyde emissions with the supporting calculations/documentation (includes total emissions tpy based on a 12-month rolling total for each month in a the reporting period).

   Annual reports shall be submitted to the Department by March 1 (for the January 1 through December 31 reporting period).

Additional Requirements

25 Pa. Code § 127.12b

   41.  Source ID 171 consists of a 97.85 mmBtu/hr, heat recover steam generation unit with supplemental natural gas-fired duct burner.

25 Pa. Code § 127.12b

   42.  Source ID 171 shall be equipped a 27160 SCFM, BASF oxidation catalyst (ID C171) or equivalent as determined by the Department.

25 Pa. Code § 127.12b

   43.  Source ID 171 is subject to Subpart KKKK of the Federal Standards of Performance for New Stationary Sources, 40 CFR 60.4300--60.4420. Source ID P171 shall comply with all applicable requirements specified in 40 CFR 60.4300--60.4420.

   A copy of the plan approval application is available for public review between 8 a.m. and 4 p.m. at the Department's Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review may be made by calling the Department at (570) 327-3693. Written comments or requests for a public hearing should be directed to Muhammad Q. Zaman, Manager, Facilities Permitting Section, Department of Environmental Protection, Air Quality Program, Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-0512.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.

   32-00397: Rosebud Mining Company (301 Market Street, Kittanning, PA 16201-1504) to allow the construction of a coal processing facility consisting of conveyors, a screen, radial stackers, stockpiles, a haul road and other supporting equipment at the Heilwood Mine, in Pine Township, Indiana County.

   In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, notice is hereby given that the Department of Environmental Protection (Department) intends to issue a Plan Approval PA-32-00397 to allow the construction of a coal processing facility consisting of conveyors, a screen, radial stackers, stockpiles, a haul road and other supporting equipment at the Heilwood Mine, located in Pine Township, Indiana County.

   Emissions from the facility are estimated to be 43.32 tons of PM/PM30 and 14.51 tons of PM10 per year. The proposed facility is subject to the applicable requirements of 25 Pa. Code Chapter 127, related to construction, modification, reactivation and operation of sources, and also to 40 CFR Part 60, Subpart Y, Standards of Performance for Coal Preparation Plants. The Department believes that the facility will meet these requirements by complying with the following Plan Approval conditions:

Special Conditions

   1.  This Plan Approval is to allow the construction and operation of a Coal Preparation Plant by the Rosebud Mining Company at their Heilwood Mine Coal Preparation Plant located in Pine Township, Indiana County (25 Pa. Code § 127.12b).

   2. Air contamination sources at the Facility are as follows (25 Pa. Code § 127.12b):

   *  Pit Conveyor, 42".

   *  ROM Stockpile.

   *  Screen, Conn-Weld 8` by 20` double deck (or equivalent), 1,000 tph.

   *  Oversize Coal Radial Stacker.

   *  Oversize Coal Stockpiles.

   *  Clean Coal Conveyor.

   *  Clean Coal Radial Stacker.

   *  Clean Coal Stockpiles.

   *  Truck Loadout by Front-end Loader.

   *  Paved and Unpaved Roadways.

   *  Emergency Diesel Generator.

   3.  Air pollution prevention equipment at the Facility includes the following (25 Pa. Code § 127.12b):

   *  Pressurized water truck with pressurized spray gun; stockpile and roadway control.

   *  Paving, sweeper and pressurized water truck; roadway control.

   *  Truck tarping; truck shipping control.

   *  Covers; conveyor, transfer point, radial stacker and screen control.

   *  Water sprays; transfer point and screen control.

   *  Coal moisture greater than 5%; Facility fugitive emission control.

   4.  There shall be no fugitive emissions from the Facility contrary to 25 Pa. Code §§ 123.1 and 123.2.

   5.  Air pollution and visible emission rates for the emergency diesel generator shall comply with the applicable NSPS 40 CFR Part 60 Subpart IIII and BAT requirements (25 Pa. Code § 127.12b).

   6.  The sulfur content in diesel fuel shall not, at any time, exceed 500 ppm. A sulfur content of 0.05 wt% will ensure compliance with this requirement (25 Pa. Code § 127.12b).

   7.  Emergency diesel generators shall be limited to no greater than 500 hours of operation in any 12-month period (25 Pa. Code § 127.12b).

   8.  The Owner/Operator may not permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source, in such a manner that the malodors are detectable outside the property of the Facility (25 Pa. Code § 123.31).

   9.  Visible emission from diesel engines stacks shall not exceed the following limitations (25 Pa. Code § 127.12b):

   *  Equal to or greater than 10% for a period or periods aggregating more than 3 minutes in any 1 hour.

   *  Equal to or greater than 30% at any time.

   10.  Raw coal throughput at the Facility in any consecutive 12-month period shall not exceed 800,000 tons (25 Pa. Code § 127.12b).

   11.  Coal shall be stockpiled in such a manner that it may be adequately wetted by the onsite pressurized water truck to control fugitive emissions. The coal shall be adequately wetted prior to, during, and after processing, as necessary, to control fugitive emissions (25 Pa. Code § 127.12b).

   12.  The conveying equipment, radial stackers and front-end loaders used to stockpile, transfer and load coal shall maintain a minimal amount of drop height at all times so as to prevent fugitive emissions (25 Pa. Code § 127.12b).

   13.  The Owner/Operator shall employ the use of existing vegetation as wind barriers around coal storage piles (25 Pa. Code § 127.12b).

   14.  The hoppers, screens and transfer points shall be fully enclosed in a building, or equipped with water sprays, or both (25 Pa. Code § 127.12b).

   15.  The conveyors and radial stackers shall be covered, except if located within 500 feet of a residence where total enclosure will be required (25 Pa. Code § 127.12b).

   16.  The plant access road shall be paved for the first 500 feet and maintained so as to prevent fugitive emissions from crossing the property line. The remaining areas of vehicle traffic shall be paved or periodically delineated with gravel or crushed stone, as necessary to prevent fugitive emissions from crossing the property line (25 Pa. Code § 127.12b).

   17.  In-plant roads and areas of vehicle traffic shall be watered and swept, as needed on a preventative basis, such that visible fugitive emissions do not cross the property line in accordance with 25 Pa. Code §§ 123.1 and 123.2. Other methods of dust control shall be used when weather conditions make in-plant road watering hazardous, as necessary, to prevent visible fugitive emissions from crossing the property line in accordance with 25 Pa. Code §§ 123.1 and 123.2.

   18.  Road watering and sweeping shall be performed on, as needed, and earth or other material transported from the site shall be removed promptly from, as needed, the paved public road (SR 403) to prevent visible fugitive emissions in accordance with 25 Pa. Code § 123.1(c).

   19.  The Owner/Operator shall post a requirement stating, ''All loaded trucks exiting the plant property shall be properly tarpaulin covered'' (25 Pa. Code § 127.12b).

   20.  The Owner/Operator shall perform a daily inspection of the Facility for the presence of fugitive emissions. Records of each inspection shall be maintained in a log and include any corrective actions taken (25 Pa. Code § 127.12b).

   21.  Coal moisture shall be tested at the truck loadout on each day that the Facility operates. Records of those tests shall be maintained in a log (25 Pa. Code § 127.12b).

   22.  The Owner/Operator shall maintain the following 12-month rolling totals (25 Pa. Code § 127.12b):

   a.  Tons of raw coal processed at the Facility.

   b.  Tons of clean coal shipped from the Facility by truck.

   c.  Tons of oversize coal shipped from the Facility by truck.

   d.  The number of hours the emergency diesel engine operated using a nonresettable hour meter.

   23.  The Facility is subject to New Source Performance Standards for Coal Preparation Plants and for Stationary Compression Ignition Internal Combustion Engines (40 CFR Part 60, Subparts Y and IIII respectively). In accordance with 40 CFR 60.4, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both the Environmental Protection Agency (EPA) and the Department at the addresses listed unless otherwise noted.

   Director
Air Toxics and Radiation
US EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

   Department of Environmental Protection
Air Quality Program
400 Waterfront Drive
Pittsburgh, PA 15222-4745

   24.  The logs and required records shall be maintained onsite for a minimum of 5 years and shall be made available to the Department upon request (25 Pa. Code § 127.12b).

   25.  Upon determination by the Owner/Operator that the sources covered by this Plan Approval are in compliance with all conditions of the Plan Approval the Owner/Operator shall contact the Department's reviewing engineer and schedule the Initial Operating Permit Inspection (25 Pa. Code § 127.12b).

   26.  Upon completion of Initial Operating Permit Inspection and determination by the Department that the sources covered by this Plan Approval are in compliance with all conditions of the Plan Approval the Owner/Operator shall submit a State-only Operating Permit application at least 60 days prior to the expiration date of the Plan Approval (25 Pa. Code § 127.12b).

   27.  If, at any time, the Department has cause to believe that air contaminant emissions from the sources listed in this plan approval may be in excess of the limitations specified in, or established under this plan approval or the permittee's operating permit, the permittee may be required to conduct test methods and procedures deemed necessary by the Department to determine the actual emissions rate. Such testing shall be conducted in accordance with 25 Pa. Code Chapter 139, where applicable, and in accordance with any restrictions or limitations established by the Department at such time as it notifies the company that testing is required (25 Pa. Code § 127.12b).

General Conditions

   1.  Words and terms that are not otherwise defined in this plan approval shall have the meanings set forth in section 3 of the Air Pollution Control Act (APCA).

   2. The issuance of this plan approval does not prevent the future adoption by the Department of any rules, regulations or standards, or the issuance of orders necessary to comply with the requirements of the Federal Clean Air Act (CAA) or the APCA, or to achieve or maintain ambient air quality standards. The issuance of this plan approval shall not be construed to limit the Department's enforcement authority.

   3.  This plan approval authorizes temporary operation of the sources covered by this plan approval provided the following conditions are met.

   a.  When construction, installation, modification or reactivation is being conducted, the permittee should provide written notice to the Department of the completion of the activity approved by this plan approval and the permittee's intent to commence operation at least 5 working days prior to the completion of said activity. The notice shall state when the activity will be completed and when the permittee expects to commence operation. When the activity involves multiple sources on different time schedules, notice is required for the commencement of operation of each source.

   b.  Under 25 Pa. Code § 127.12b(d), temporary operation of the sources to facilitate the shakedown of sources and air cleaning devices, to permit operations pending the issuance of a permit under 25 Pa. Code Chapter 127, Subchapter F or G (relating to operating permits; and Title V operating permits) or to permit the evaluation of the air contaminant aspects of the source.

   c.  This plan approval authorizes a temporary operation period not to exceed 180 days from the date of commencement of operation, provided the Department receives notice from the permittee under paragraph (a), previously.

   d.  The permittee may request an extension of the 180-day shakedown period if further evaluation of the air contamination aspects of the sources is necessary. The request for an extension should be submitted, in writing, to the Department at least 15 days prior to the end of the initial 180-day shakedown period and shall provide a description of the compliance status of the source, a detailed schedule for establishing compliance, and the reasons compliance has not been established. This temporary operation period will be valid for a limited time and may be extended for additional limited periods, each not to exceed 180 days.

   e.  The notice submitted by the permittee under subpart a previously, prior to the expiration date of the plan approval, shall modify the plan approval expiration date on page 1 of this plan approval. The new plan approval expiration date shall be 180 days from the date of commencement of operation.

   4.  The permittee shall maintain and operate the sources and associated air cleaning devices in accordance with good engineering practice as described in the plan approval application submitted to the Department.

   5.  The records, reports or information obtained by the Department or referred to at public hearings shall be available to the public, except as provided in paragraph a of this condition.

   a.  Upon cause shown by the permittee that the records, reports or information or a particular portion thereof, but not emission data, to which the Department has access under the act, if made public, would divulge production or sales figures or methods, processes or production unique to that person or would otherwise tend to affect adversely the competitive position of that person by revealing trade secrets, including intellectual property rights, the Department will consider the record, report or information, or particular portion thereof confidential in the administration of the act. The Department will implement this section consistent with sections 112(d) and 114(c) of the CAA (42 U.S.C.A. §§ 7412(d) and 7414(c)). Nothing in this section prevents disclosure of the report, record or information to Federal, State or local representatives as necessary for purposes of administration of Federal, State or local air pollution control laws, or when relevant in a proceeding under the act.

   6.  This plan approval will be valid for a limited time, as specified by the expiration date contained on page 1 of this plan approval. Except as provided in §§ 127.11a and 127.215 (relating to reactivation of sources; and reactivation), at the end of the time, if the construction, modification, reactivation or installation has not been completed, a new plan approval application or an extension of the previous approval will be required.

   a.  If construction has commenced, but cannot be completed before the expiration of this plan approval, an extension of the plan approval must be obtained to continue construction. To allow adequate time for Departmental action, a request for the extension should be postmarked at least 30 days prior to the expiration date. The Department will not issue an extension after the plan approval expires. The request for an extension should include the following:

   1.  A justification for the extension,

   2.  A schedule for the completion of the construction.

   If construction has not commenced before the expiration of this plan approval, then a new plan approval application must be submitted and approval obtained before construction can commence.

   b.  If the construction, modification or installation is not commenced within 18-months of the issuance of this plan approval or if there is more than an 18-month lapse in construction, modification or installation, a new plan approval application that meets the requirements of 25 Pa. Code Chapter 127, Subchapters B, D and E (relating to plan approval requirements; prevention of significant deterioration of air quality; and new source review) shall be submitted.

   7.  This plan approval may not be transferred from one person to another except when a change of ownership is demonstrated to the satisfaction of the Department and the Department approves the transfer of the plan approval in writing.

   a.  Section 127.12a (relating to compliance review) applies to a request for transfer of a plan approval. A compliance review form shall accompany the request.

   b.  This plan approval is valid only for the specific source and the specific location of the source as described in the application.

   8.  Under 35 P. S. § 4008, no person shall hinder, obstruct, prevent or interfere with the Department or its personnel in the performance of any duty authorized under the APCA.

   a.  The permittee shall also allow the Department to have access at reasonable times to said sources and associated air cleaning devices with such measuring and recording equipment, including equipment recording visual observations, as the Department deems necessary and proper for performing its duties and for the effective enforcement of the APCA and regulations adopted under the act.

   b.  Nothing in this plan approval condition shall limit the ability of the EPA to inspect or enter the premises of the permittee in accordance with section 114 or other applicable provisions of the CAA.

   9.  This plan approval may be terminated, modified, suspended or revoked and reissued if one or more of the following applies:

   a.  The permittee constructs or operates the source subject to the plan approval in violation of the act, the CAA, the regulations promulgated under the act or the CAA, a plan approval or permit or in a manner that causes air pollution.

   b.  The permittee fails to properly or adequately maintain or repair an air pollution control device or equipment attached to or otherwise made a part of the source.

   c.  The permittee fails to submit a report required by this plan approval.

   d.  The EPA determines that this plan approval is not in compliance with the CAA or the regulations thereunder.

   10.  The permittee, or any other person, may not circumvent the new source review requirements of 25 Pa. Code Chapter 127, Subchapter E by causing or allowing a pattern of ownership or development, including the phasing, staging, delaying or engaging in incremental construction, over a geographic area of a facility which, except for the pattern of ownership or development, would otherwise require a permit or submission of a plan approval application.

   11.  No person may permit the use of a device, stack height which exceeds good engineering practice stack height, dispersion technique or other technique which, without resulting in reduction of the total amount of air contaminants emitted, conceals or dilutes an emission of air contaminants which would otherwise be in violation of this plan approval, the APCA or the regulations promulgated thereunder, except that with prior approval of the Department, the device or technique may be used for control of malodors.

   12.  Reports, test data, monitoring data, notifications shall be submitted to the:

   Regional Air Program Manager
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15222

   13.  If required by section 112(r) of the CAA, the permittee shall develop and implement an accidental release program consistent with requirements of the CAA, 40 CFR Part 68 (relating to chemical accident prevention provisions) and the Federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act.

   14.  A person may not cause or permit the operation of a source subject to § 127.11 (relating to plan approval requirements), unless the source and air cleaning devices identified in the application for the plan approval and the plan approval issued to the source, are operated and maintained in accordance with specifications in the application and conditions in the plan approval issued by the Department. A person may not cause or permit the operation of an air contamination source subject to this chapter in a manner inconsistent with good operating practices.

   Those who wish to provide the Department with additional written information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to Alan Binder, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA, 15222. Each written comment must contain the following:

   Name, address and telephone number of the person submitting the comments.

   Identification of the proposed Plan Approval (specify the Plan Approval number).

   Concise statements regarding the relevancy of the information or objections to issuance of the Plan Approval.

   The comments must be received prior to the close of business 30 days after the date of this publication.

   For additional information you may contact Alan Binder at (412) 442-4168.

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.

   10-267C: Three Rivers Aluminum Co.--TRACO (71 Progress Avenue, Cranberry Township, PA 16066) for replacement of a thermal oxidizer at their facility in Cranberry Township, Butler County. This is a Title V facility.

   Under 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department of Environmental Protection (Department) intends to issue Plan Approval 10-267C to Three Rivers Aluminum Co. (TRACO) for the replacement of a thermal oxidizer at the company's facility located at 71 Progress Avenue, Cranberry Township, Butler County. The facility currently has a Title V permit No. 10-00267. The Plan Approval will subsequently be incorporated into the Title V Operating Permit through an administrative amendment in accordance with 25 Pa. Code § 127.450.

   Plan Approval No. 10-267C is for the replacement of the existing thermal oxidizer associated with two surface coating operations with a new regenerative thermal oxidizer. Based on the information provided by the applicant and Department's own analysis, the source and associated control device will emit a total of 171 tons of VOC's, 4.29 tons of NOx, 3.6 tons of CO, 0.33 ton of PM, 0.25 ton of which will be PM10 and 0.03 ton of SOx per year. This proposed installation will not increase the facility's current VOC emissions limit for this source.

   The Plan Approval will contain additional testing, monitoring, recordkeeping, reporting and work practice requirements designed to keep the facility operating within all applicable air quality requirements. This proposed installation will additionally be subject to 40 CFR 63 Subpart MMMM, the applicable requirements of which are contained in the facility's Title V Operating Permit.

   Copies of the application, the Department's analysis, and other documents used in the evaluation are available for public inspection between 8 a.m. and 4 p.m. weekdays at the address shown. To make an appointment, contact Records Management at (814) 332-6340.

   Anyone wishing to provide the Department with additional information they believe should be considered may submit the information to the address shown. Comments must be received by the Department within 30 days of the last day of publication. Written comments should include the following:

   1.  Name, address and telephone number of the person submitting comments.

   2.  Identification of the proposed Plan Approval; No. 10-267C.

   3.  Concise statement regarding the relevancy of the information or any objections to issuance of the Plan Approval.

   A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted on the comments received during the public comment period. The persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or the Pennsylvania Bulletin or by telephone, where the Department determines the notification is sufficient. Written comments or requests for a public hearing should be directed to John Guth, Regional Air Quality Manager, Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.

   24-017C: Morgan Advanced Materials and Technology (441 Hall Avenue, St. Marys, PA 15857), for construction of a second batch coking oven to be controlled by a new thermal oxidizer in St. Marys City, Elk County. This is a State-only facility. The public notice is required for sources required to obtain a Plan Approval in accordance with 25 Pa. Code § 127.44. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the State-only operating permit through an administrative amendment at a later date. The source shall comply with the following conditions, which will satisfy the requirements of 25 Pa. Code § 127.12b (pertaining to plan approval terms and conditions) and will demonstrate BAT for the source:

   *  Source shall comply with 25 Pa. Code § 123.21 for SOx.

   *  Emissions shall with 25 Pa. Code §§ 123.1, 123.31 and 123.41 for fugitive, odor and visible emissions respectively.

   *  No person may permit the emission into the outdoor atmosphere of filterable PM (FPM) in a manner that the concentration of FPM in the effluent gas exceeds 0.02 gr/dscf.

   *  The VOC emissions shall not exceed 0.1 lbs/hr from the afterburner.

   *  The SOx emissions shall not exceed 1.2 lbs/hr from the afterburner.

   *  Conduct stack testing for VOC and FPM.

   *  The permittee shall maintain a record of the preventive maintenance inspections of the control devices. The records of the maintenance inspections shall include, at a minimum, the dates of the inspections, the name of the person performing the inspection, any problems or defects identified, any actions taken to correct the problems or defects, and any routine maintenance performed.

   *  The permittee shall record the following operational data from the control devices (these records may be done with strip charts recorders, data acquisition systems or manual log entries):

   *  Combustion chamber temperature--continuously as defined as at least once every 15 minutes.

   *  The permittee shall perform a daily operational inspection of the control device.

   *  The gauges employed by the permittee to monitor the required control device operating parameters shall have a scale that the expected normal reading shall be no less than 20% of full scale and be accurate within +/- 2% of full scale reading.

   *  Control device operating parameters, including combustion chamber temperature, shall be operated in a range defined by the manufacturer or in a range developed during compliant stack testing. The operating range of the combustion chamber shall be operated at a minimum temperature of 1,400° F during the heating portion of the baking cycle or shall be determined within 90 days after startup of the control device and shall be indicated to the Department in writing prior to administratively amending into the facility operating permit. The operating range shall be made part of the facility operating permit.

   *  The permittee shall operate the control device at all times that the source is in operation.

   *  The permittee shall maintain and operate the source and control device in accordance with the manufacturer's specifications and in accordance with good air pollution control practices.

   37-243F: INMETCO (One INMETCO Drive, Ellwood City, PA 16117) for modification of plan approval 37-243D condition with regards to the CO CEM for the 156,000 acfm baghouse controlling the Rotary Hearth Furnace in Ellwood City Borough, Lawrence County. This is a Title V facility. The public notice is required for sources required to obtain a Plan Approval at Title V facilities in accordance with 25 Pa. Code § 127.44. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the Title V operating permit through an administrative amendment at a later date. The source shall comply with the following conditions, which will satisfy the requirements of 25 Pa. Code § 127.12b (pertaining to plan approval terms and conditions) and will demonstrate BAT for the source:

   *  The conditions from plan approval 37-243D remain in effect except for the following:

   *  No person may permit the emission into the outdoor atmosphere of filterable PM (FPM) in a manner that the concentration of FPM in the effluent gas exceeds 0.02 gr/dscf. (This condition replaces Condition No. 002(b) from 37-243D)

   *  The CO emission rate will be determined after performance of three stack tests performed within an 18-month period. If CO emissions are major, a CO CEM will be installed in accordance with the Department of Environmental Protection's CEM manual. (This condition replaces Condition No. 002(d) from 37-243D)

   *  The facility shall stack test for FPM (using Method 5 or another Department approved method) at the outlet of the RHF baghouse (C102A). (This condition replaces Condition No. 003(a) from 37-243D)

   *  The permittee shall perform three CO stack test, within an 18-month period, in accordance with the provisions of Chapter 139 of the Rules and Regulations of the Department. The stack test shall be performed while the aforementioned source is operating at the maximum or normal rated capacity as stated on the application. The stack test shall be conducted at the outlet of both the RHF baghouse (C102A) and the Materials Handling baghouse (C101). The stack test shall be performed concurrently with NOx testing.

[Continued on next Web Page]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.