[39 Pa.B. 6344]
[Saturday, October 31, 2009]
[Continued from previous Web Page]
III. WQM Industrial Waste and Sewerage Applications under the Clean Streams Law (35 P. S. §§ 691.1—691.1001)
Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.
WQM Permit No. 0909411, Sewerage, Teva Pharmaceuticals, 1090 Horsham Road, North Wales, PA 19454-1505. This proposed facility is located in West Rockhill Township, Bucks County.
Description of Action/Activity : Construction and operation of a private pumping station and force main.
WQM Permit No. 5109401, Sewerage, Philadelphia Water Department, 1101 Market Street, 2nd Floor, Philadelphia, PA 19107. This proposed facility is located in City of Philadelphia, Philadelphia County.
Description of Action/Activity: Construction of a 12" and 16" public gravity sanitary sewer extension, new pump station and force main and upgrade to existing pump station.
WQM Permit No. 2309409, Sewerage, Darby Creek Joint Authority, P. O. Box 999, Chester, PA 19016-0999. This proposed facility is located in Upper Darby Township, Delaware County.
Description of Action/Activity: Installation of a sanitary sewer.
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
WQM Permit No. 3509402, Sewerage, Clarks Summit-South Abington Joint Sewer Authority, 200 Northern Boulevard, P. O. Box 199, Chinchilla, PA 18410-0199. This proposed facility is located in South Abington Township, Lackawanna County.
Description of Proposed Action/Activity: This project is for a hydraulic rerate of the existing wastewater treatment plant at Clarks Summit—South Abington Jt. Sewer Authority.
WQM Permit No. 4509404, Sewerage, Middle Smithfield Township Municipal Authority, 25 Municipal Drive, East Stroudsburg, PA 18302. This proposed facility is located in Middle Smithfield Township, Monroe County.
Description of Proposed Action/Activity: This project involves an extension to, and the addition of, a new sanitary sewer pump station to the Middle Smithfield Township existing sanitary sewer system on SR 209.
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.
WQM Permit No. 2105402, Amendment 09-1, Sewerage, Shippensburg Borough Authority, 111 North Fayette Street, P. O. Box 129, Shippensburg, PA 17257-0129. This proposed facility is located in Southampton Township, Franklin County.
Description of Proposed Action/Activity: Seeking approval for replacement of an existing tertiary filters and replacement of existing chlorine disinfection system with a new ultraviolet (UV) unit. New filters and UV unit will be housed in the existing filter building. The existing chlorine contact tank is to be used as a post aeration tank.
IV. NPDES Applications for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)
V. Applications for NPDES Wavier Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)
VI. NPDES Individual Permit Applications for Discharges of Stormwater Associated with Construction Activities
Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Lehigh County Conservation District: Lehigh Agriculture Center, Suite 102, 4184 Dorney Park Road, Allentown, PA 18104, (610) 391-9583.
NPDES
Permit No.Applicant Name &
AddressCounty Municipality Receiving
Water/UsePAI023909017 Lower Macungie Township
Attn: Bruce Fosselman
3400 Brookside Drive
Macungie, PA 18062Lehigh Lower Macungie Township Little Lehigh Creek
HQ-CWFSouthcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
NPDES
Permit No.Applicant Name &
AddressCounty Municipality Receiving
Water/UsePAI033609006 Jim Wiggins
Wesley United
Methodist Church
7 Wesley Road
P. O. Box 364
Quarryville, PA 17566Lancaster Colerain Township Stewart Run
HQ-CWF-MFESCP2209801 Harrisburg Authority
212 Locust Street
Harrisburg, PA 17101
Dauphin Rush Township Clark Creek
HQ-CWFPAI030509001 Atlantic Wind, LLC
201 King of Prussia Road
Suite 500
Radnor, PA 19380Bedford Bedford, East St. Clair, South Woodbury and King Townships UNT to Oppenheimer Run
WWF
VII. List of NOIs for NPDES and/or Other General Permit Types
PAG-12 Concentrated Animal Feeding Operations (CAFOs) PAG-13 Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4)
STATE CONSERVATION COMMISSION
NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) This notice provides information about agricultural operations that have submitted nutrient management plans (NMPs) for approval under the act of July 6, 2005 (Act 38 of 2005, 3 Pa.C.S. §§ 501—522) (hereinafter referred to as Act 38), and that have or anticipate submitting applications for new, amended or renewed NPDES permits, or Notices of Intent (NOIs) for coverage under a general permit, for CAFOs, under 25 Pa. Code Chapter 92. This notice is provided in accordance with 25 Pa. Code Chapter 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act.
Based upon preliminary reviews, the State Conservation Commission (SCC), or County Conservation Districts (CCD) working under a delegation agreement with the SCC, have completed an administrative review of NMPs described. These NMPs are published as proposed plans for comment prior to taking final actions. The NMPs are available for review at the CCD office for the county where the agricultural operation is located. A list of CCD office locations is available at www.pacd.org/districts/directory.htm or can be obtained from the SCC at the office address listed or by calling (717) 787-8821.
Persons wishing to comment on an NMP are invited to submit a statement outlining their comments on the plan to the CCD, with a copy to the SCC for each NMP, within 30 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the NMPs. Comments should include the name, address and telephone number of the writer and a concise statement to inform the SCC of the exact basis of the comments and the relevant facts upon which they are based.
The address for the SCC is Agriculture Building, Room 407, 2301 North Cameron Street, Harrisburg, PA 17110.
Persons with a disability who require an auxiliary aid, service, including TDD users or other accommodations to seek additional information should contact the SCC through the Pennsylvania AT&T Relay Service at (800) 654-5984.
NUTRIENT MANAGEMENT PLAN—PUBLIC NOTICE SPREADSHEET—APPLICATIONS
Agricultural Operation
Name and AddressCounty Total
AcresAnimal Equivalent Units Animal
TypeSpecial Protection Waters (HQ or EV or NA) Application
or ActionTroester Dairy
175 Cannon Road
Mifflinburg, PA 17844Union 773 1,070.25 Dairy NA New
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
Southeast Region: Water Supply Management Program Manager, 2 East Main Street, Norristown, PA 19401.
Application No. 1509510, Public Water Supply.
Applicant Camphill Special Schools Township East Vincent County Chester Responsible Official Guy Alma
1784 Fairview Road
Glenmoore, PA 19343Type of Facility PWS Consulting Engineer Rettew
3020 Columbia Avenue
Lancaster, PA 17603Application Received Date September 23, 2009 Description of Action Construction of a new well with disinfection, arsenic treatment and storage. Central Office: Bureau Director, Water Standards and Facility Regulation, P. O. Box 8467, Harrisburg, PA 17105-8467.
Permit No. 9996311, Public Water Supply.
Applicant Boreal Water Collection, Inc. Township or Borough Kiamesha Lake, NY Responsible Official Louis Wright, Plant Manager Type of Facility Out-of-State Bottled Water System Application Received Date October 15, 2009 Description of Action Applicant requesting Department of Environmental Protection approval to change company name from Leisure Time Spring Water to Boreal Water Collection, Inc. The permit transfer involved change of ownership and major modification. The company will sell bottled water in Pennsylvania under the brand names: Leisure Time Spring Water, Leisure Time Distilled Water, Crystal Lake Spring Water and PRET Spring Water.
MINOR AMENDMENT Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Application No. 2609509MA, Minor Amendment.
Applicant Municipal Authority of Westmoreland County
124 Park and Pool Road
New Stanton, PA 15672Township or Borough Mt. Pleasant Township Responsible Official Christopher Kerr
Resident Manager
Municipal Authority of Westmoreland County
124 Park and Pool Road
New Stanton, PA 15672Type of Facility Water system Consulting Engineer Application Received Date Description of Action Installation of approximately 4,250 feet of 12-inch and 1,650 feet 8-inch water main (Udell Road water main project). Northwest Region: Water Supply Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Application No. 6200501-MA3, Minor Amendment.
Applicant Youngsville Borough Township or Borough Youngsville Borough
Warren CountyResponsible Official Terry Williams
Borough Manager
Youngsville Borough
40 Railroad Street
Youngsville, PA 16371Type of Facility Public Water System Application Received Date October 9, 2009 Description of Action Repair interior leaks in water storage tanks.
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 Pennsylvania AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Getz Residence, Swatara Township, Lebanon County. ATC Associates, Inc., 101 Allegheny Street, Suite B, Hollidaysburg, PA 16648, on behalf of Cindy and Ernie Getz, 3 Eve Avenue, Lebanon, PA 17042 and Kreiser Fuel Service, 122 Race Horse Drive, Jonestown, PA 17038, submitted a Notice of Intent to Remediate site soils contaminated with home heating oil released from a ruptured tank. The site will be remediated to the Residential Statewide Health Standard and will remain a residence.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Former Getty Pumping Station, Homer and Eulalia Townships, Potter County. SAIC, 6310 Allentown Boulevard, Harrisburg, PA 17112 on behalf of Chevron Environmental Management Company, 6111 Bollinger Canyon Road, San Ramon, CA 94583 has submitted a Notice of Intent to Remediate soil and groundwater contaminated with petroleum hydrocarbon target compounds associated with crude oil. The applicant proposes to remediate the site to meet the Site-Specific Standard. The intended future use of the property is anticipated to be recreational or timber agricultural use.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
John Maneely Company—Wheatland Tube Cold Draw Facility, Wheatland Borough, Mercer County. ENVIRON Corporation, 1760 Market Street, Suite 1000, Philadelphia, PA 19103 on behalf of John Maneely Company—Wheatland Tube Company, 1 Council Avenue, Wheatland, PA 16161 has submitted a Notice of Intent to Remediate. The site is a former pipe manufacturing facility. Soil and groundwater at the site appear to be impacted from historical industrial operations. Contaminates identified at the site include low pH and inorganics in groundwater related to historic pickling operations and acid use, chlorinated solvent-impacted soil and groundwater associated with a former subgrade vapor degreaser tank and former above-ground solvent storage tank, and polychlorinated biphenyls and polynuclear aromatic hydrocarbons impacted groundwater resulting from the storage and use of petroleum compounds at the property. The intended future use of the property is commercial/industrial and will be remediated to meet the Site-Specific Standard. The Notice of Intent to Remediate was published in The Herald on September 9, 2009.
RESIDUAL WASTE GENERAL PERMITS
Application Received 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 the Beneficial Use of Residual Waste other than Coal Ash.
Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.
General Permit Application Number WMGR121. TerrAqua Resource Management, LLC, 1000 Commerce Park Drive, Williamsport, PA 17701-5475. The application is for chemical and physical processing of flowback and produced water from natural gas wells for beneficial use as hydraulic fracturing fluid in natural gas well drilling. The proposed processing is limited to filtration, alkaline precipitation, coagulation and flocculation, and neutralization. The application was found to be administratively complete by Central Office on October 20, 2009.
Comments concerning the application should be directed to Ronald C. Hassinger, Chief, General Permits/Beneficial Use Section, Division of Municipal and Residual Waste, Bureau of Waste Management, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of, the application.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Applications received 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 Regulations to Operate Solid Waste Processing or Disposal Area or Site.
Northcentral Region: Regional Solid Waste Manager, 208 West Third Street, Williamsport, PA 17701.
Permit Application No. 101546. Potter County Solids Waste Authority, 2504 SR 49 West, Ulysses, PA. 16948, Ulysses Township, Potter County. This application is for a permit renewal for an existing transfer station facility. The application was received by Northcentral Regional Office on August 11, 2009.
Comments concerning the application should be directed to Lisa D. Houser, P. E., Facilities Manager, Williamsport Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the general permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of, the application.
Northwest Region: Regional Solid Waste Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Permit Application No. 100403. Seneca Landfill, Inc., P. O. Box 1080, Mars, PA 16046, Jackson Township, Butler County. The application is a Permit Renewal for Seneca Landfill. The application was received October 5, 2009, and found to be administratively complete by the Northwest Regional Office on October 19, 2009.
Comments concerning the application should be directed to Todd Carlson, Program Manager, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. Persons interested in obtaining more information about the general permit application may contact the Northwest Regional Office, (814) 332-6848. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of the application.
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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
03-00215A: Allegheny Mineral Corp. (P. O. Box 1022, Kittanning, PA 16201) for construction and operation of the new Worthington Limestone Processing Plant adjacent to an existing mining operation in West Franklin Township, Armstrong County.
30-00072F: Consol Pennsylvania Coal Co., LLC (1000 Consol Energy Drive, Canonsburg, PA 15317-6506) for construction of an overland conveyor belt to transport course coal refuse from the prep plant to awaiting transport vehicles at Bailey Prep Plant in Richhill Township, Greene County.
63-00110H: World Kitchen, LLC (100 8th Street, Charleroi, PA 15022-1619) for rebricking of glass melting tank 11, expansion of the capacity of the electric boost system, and replacement of a corroded exhaust stack at their Charleroi Plant glass manufacturing facility in Charleroi Borough, Washington 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.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Sachin Shankar, New Source Review Chief, (484) 250-5920.
46-0020F: Superior Tube Co., Inc. (3900 German- town Pike, Collegeville, PA 19426) for modification to increase allowable VOC emission limits for vapor degreaser No. 661 and coil degreaser No. 6836 in Lower Providence Township, Montgomery County. This modification will result in a net increase in potential VOC emissions of 9.1 tpy. This facility is a Title V facility. The Plan approval will contain recordkeeping and operating restriction designed to keep the facility operating within the allowable emissions and all applicable air quality requirements.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.
35-302-123: PEI Power Corp. (P. O. Box 157, Archbald, PA 18403-0157) for modification of their existing main boiler to take a restriction to use landfill gas greater than 51% of the time in Archbald Borough, Lackawanna County. The current emission limits for the boiler will remain unchanged. PEI Power Corp. is a major facility subject to Title V permitting requirements. The company currently has a Title V Permit 35-00002. The plan approval will include all appropriate monitoring, recordkeeping and reporting requirements designed to keep the boiler operating within all applicable air quality requirements. The 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. For further details, contact Ray Kempa at (570) 826-2511 within 30 days after publication date.
40-309-041: Schott Glass Technologies, Inc. (400 York Avenue, Duryea, PA 18642) for installation of a new baghouse to control PM emissions from five existing furnaces to comply with new NESHAP regulations in Duryea Borough, Luzerne County. The PM emissions will be limited to 0.2 lbs/ton glass produced. Schott Glass is a major facility subject to Title V permitting requirements. The company will be subject to and comply with 40 CFR 63 Subpart SSSSSS—National Emission Standards for HAPs. The company currently has a Title V Permit 40-00034. The Department of Environmental Protection is granting a 1 year extension to comply with this NESHAP regulation. The plan approval will include all appropriate monitoring, recordkeeping and reporting requirements designed to keep the furnaces operating within all applicable air quality requirements. The 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. For further details, contact Ray Kempa at (570) 826-2511 within 30 days after publication date.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
03-00229E: Rosebud Mining Company (301 Market Street, Kittanning PA 16201) to allow construction and modification of the Logansport Coal Preparation Plant in Bethel Township, Armstrong County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, the Department of Environmental Protection (Department) intends to issue Plan Approval 03-00229E to allow the construction and modification of the Logansport Coal Preparation Plant in Bethel Township, Armstrong County. The emissions from this facility are estimated to be 22.96 tons of PM per year and 12.17 tons of PM10 per year. The proposed facility is subject to the applicable requirements of 25 Pa. Code Chapter 127 (relating to construction, modification, reactivation and operation of sources). 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 Logansport Coal Preparation Plant located in Bethel Township, Armstrong County.
2. Raw coal throughput at the Facility in any consecutive 12-month period shall not exceed 2.5 million tons.
3. Air contamination sources and controls authorized at the Facility are as follows (25 Pa. Code § 127.12b):
a. A storage Pile and Truck Dump for outside screened coal along with an underground Reclaim tunnel and 36" Outside Raw Coal Reclaim Belt (belt will be covered to prevent fugitive emissions).
b. 42" No. 1 and No. 2 Raw Coal Conveyors for screened raw coal (maximum rate of 1,500 tph).
c. A Raw Coal De-sliming screen along with a H. M. Cyclone/Spiral wet process.
d. Tube Stacker for screened Raw Coal from the Logansport Mine along with two Gravity Flow R.O.M. Reclaim Feeders to an underground Raw Coal Reclaim Tunnel.
e. A covered plant feed conveyor which will feed screened coal to the 400 tph Logansport Preparation Plant.
f. A 30" filter Cake Belt for coarse refuse rated at 25 tph (inside building to the filter cake bunker).
g. Two 30" Coarse Refuse Belts rated at 75 tph.
h. A 30" by 80" Refuse Radial Stacker to storage pile where trucks will take reject to the refuse area.
i. A 30" Clean Coal Collection Belt rated at 300 tph.
j. The baghouse that was previously used to control emissions from the air jig will be used to collect any fugitives that may be generated in the preparation plant and will deposit collected material on the 30" Clean Coal Collection Belt (it is not known how much dust will be collected from this operation).
k. A 36" by 125" covered Clean Coal Radial Stacker rated at 300 tph.
l. A Clean Coal Pile and Underground Clean Coal Reclaim Tunnel (Clean Coal is estimated to have moisture content of 5.5%).
m. A radial stacker with underground reclaim conveyor to feed a load out conveyor to the rail load operation.
n. A 60" by 70" Load-out Conveyor capable of loading up to 3,000 tph of clean coal.
o. A Rail Load-out equipped with a Pant Leg Chute equipped with a Flop Gate and Rubber Boots.
p. Miscellaneous material handling activities.
4. Air pollution prevention measures at the Facility include the following (25 Pa. Code § 127.12b):
a. Pressurized water truck with pressurized spray gun; stockpile and roadway control.
b. Paving, sweeper and pressurized water truck; roadway control.
c. Truck tarping; truck shipping control.
d. Covers; conveyor, transfer point, radial stacker and screen control.
e. Water sprays; transfer point and screen control.
f. Coal moisture greater than 5%; Facility fugitive emission control.
5. There shall be no fugitive emissions from the Facility contrary to 25 Pa. Code §§ 123.1 and 123.2.
6. Per 25 Pa. Code § 123.31, a person 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 person on whose land the source is being operated.
7. Visible emission from diesel engine stacks shall not exceed the following limitations (25 Pa. Code § 127.12b):
a. Equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any 1 hour.
b. Equal to or greater than 60% at any time.
8. Coal shall be stockpiled in such a manner that it may be adequately wetted by the onsite pressurized water truck to control fugitive emissions. All coal shall be adequately wetted prior to, during, and after processing, as necessary, to control fugitive emissions (25 Pa. Code § 127.12b).
9. All 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).
10. The Owner/Operator shall employ the use of existing vegetation as wind barriers around coal storage piles (25 Pa. Code § 127.12b).
11. All hoppers, screens, and transfer points shall be fully enclosed in a building, or equipped with water sprays, or both (25 Pa. Code § 127.12b).
12. All 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).
13. 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).
14. 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.
15. 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 210) to prevent visible fugitive emissions in accordance with 25 Pa. Code § 123.1(c).
16. 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).
17. The Owner/Operator shall perform a daily inspection of the Facility for the presence of malodor, fugitive and visible emissions. Records of each inspection shall be maintained in a log and include any corrective actions taken (25 Pa. Code § 127.12b).
18. 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).
19. 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.
20. 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 Environmental Protection Agency (EPA) and the Department at the addresses listed as follows unless otherwise noted.
Director
Air Toxics and Radiation
US EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029Program Manager
Air Quality Program
Department of Environmental Protection
Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PA 15222-474521. All 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).
22. 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).
23. 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).
24. 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).
25. The Owner/Operator shall perform a daily inspection of the Facility for the presence of fugitive and visible emissions. Records of each inspection shall be maintained in a log and include any corrective actions taken.
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 listed, 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:
i. A justification for the extension,
ii. A schedule for the completion of the construction.
b. 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.
c. 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 say 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 there under.
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 hereunder, 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 1522213. 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.
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 Noor Nahar, 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.
All comments must be received prior to the close of business 30 days after the date of this publication.
26-00500A: Alpha PA Coal Terminal, LLC (106 East Fredericktown Road, Luzerne Township, PA 15906)
In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, the Department of Environmental Protection (Department) intends to issue a Plan Approval to allow the construction of a coal transfer terminal consisting of Stock Piles, Coal Conveyors, Barge Loading/Unloading Equipment and Roadways at their facility located in Luzerne Township, Fayette County.
Emissions from the source are estimated to be 13.2 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. The Department believes that the facility will meet these requirements by complying with the following Plan Approval conditions relating to restrictions, monitoring, recordkeeping, reporting and work practice standards:
Special Conditions
1. This Plan Approval is for stockpiling and barge loading/unloading operations at the Alpha PA Coal Terminal, located in Luzerne Township, Fayette County. (25 Pa. Code § 127.12b)
2. Air contaminant sources included in this plan approval are: (25 Pa. Code § 127.12b)
a. Stock Piles
b. Coal Conveyors
c. Barge Loading/Unloading Equipment
d. Roadways
3. Air pollution control devices and limitations included in this plan approval are: (25 Pa. Code § 127.12b)
a. Water sprays at conveyor transfer points
b. Partial conveyor enclosures
c. Limited throughput
d. Truck tarping
e. Reduced truck speeds
f. Pressurized water truck equipped with water canon and roadway spray nozzles
4. There shall be no fugitive emissions from the facility contrary to 25 Pa. Code § 123.2.
5. Open burning is restricted in accordance with 25 Pa. Code § 129.14.
6. Coal will neither be delivered to nor shipped from the facility by truck or rail. (25 Pa. Code § 127.12b)
7. The Owner/Operator shall maintain a record of all malodor and fugitive emission surveys performed. The records shall include the date, time, name and title of the observer, whether fugitive emissions or malodors were observed, and any corrective action taken. (25 Pa. Code § 127.12b)
8. The owner/operator shall keep monthly records of coal throughput for this facility. (25 Pa. Code § 127.12b)
9. The facility shall not be operated in the event that the dust suppression systems are incapable of operation. (25 Pa. Code § 127.12b)
10. Coal shall be stockpiled in such a manner that it may be adequately wetted by the onsite pressurized water truck as necessary to control fugitive emissions. All coal shall be adequately wetted prior to, during, and after transfer, as necessary, to control fugitive emissions (25 Pa. Code § 127.12b).
11. Inplant 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 inplant 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.
12. Earth or other material transported from the site shall be removed promptly, as needed, on the paved public road (SR 4002) to prevent visible fugitive emissions in accordance with 25 Pa. Code § 123.1(c).
13. All conveying equipment, clamshells, front-end loaders, or any other equipment used to stockpile, transfer, or load coal shall maintain a minimal amount of drop height at all times so as to prevent fugitive emissions (25 Pa. Code § 127.12b).
14. The Owner/Operator shall post the following (25 Pa. Code § 127.12b):
a. A requirement stating, ''All loaded trucks shall be properly tarpaulin covered.''
b. A requirement stating, ''Speed Limit 15.''
15. The Owner/Operator shall conduct a daily inspection of the facility during daylight hours while the facility is operating for the presence of fugitive emissions and malodors (25 Pa. Code § 127.12b).
16. The throughput of the coal unloading/loading operation shall be limited to 500,000 tons in any 12-month consecutive period. The owner/operator shall maintain a monthly log of coal shipped to and from the facility (25 Pa. Code § 127.12b).
17. All conveyors at this facility shall be partially covered and have water spray at each transfer point (25 Pa. Code § 127.12b).
18. All records shall be kept onsite for a minimum of 5 years and be made available to the Department upon request (25 Pa. Code § 127.12b).
19. The permittee shall report each malfunction that may result in an emissions increase to the Department. For purposes of this condition a malfunction is defined as any sudden, infrequent, and not reasonably preventable failure of air pollution control or process equipment; or, operating in a nonpermitted manner.
a. When the malfunction poses an imminent and substantial danger to the public's health and safety or potential harm to the environment, the permittee shall report the incident to the Department within 1 hour.
b. The report shall describe the:
i. name and location of the facility;
ii. nature and cause of the malfunction;
iii. time when the malfunction or breakdown was first observed;
iv. expected duration of excess emissions; and
v. estimated rate of emissions.
c. The owner or operator shall notify the Department immediately when corrective measures have been accomplished.
d. Unless otherwise required by specific reporting requirements, any malfunction that is not subject to the notice requirements of paragraph (b) of this permit condition, shall be reported to the Department within 24 hours (or the next business day) by telephone, and within 5 days by mail of discovery. The report shall contain the same information required by subsection (b)(1).
e. Malfunctions shall be reported to the Department at the following address:
Program Manager
Air Quality Program
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4000
(25 Pa. Code § 127.12b)20. Plan Approval authorizes the temporary operation of the sources covered by this Plan Approval provided the following conditions are met (25 Pa. Code § 127.12b):
a. The Owner/Operator shall submit written Notice of the Completion of Construction and the Operator's intent to commence operation at least 5 days prior to the completion of construction. The Notice shall state the date when construction will be completed and the date when the Operator expects to commence operation.
b. Operation of the sources covered by this Plan Approval is authorized only to facilitate the start-up and shakedown of sources and air cleaning devices, to permit operations pending the issuance of an Operating Permit, or to permit the evaluation of the source for compliance with all applicable regulations and requirements.
c. Upon receipt of the Notice of the Completion of Construction from the Owner/Operator the Department shall authorize a 180-day Period of Temporary Operation of the sources starting on the date of commencement of operation. This Notice submitted by the Owner/Operator, prior to the expiration of this Plan Approval, shall modify the Plan Approval expiration date. The new Plan Approval expiration date shall be 180 days from the date of commencement of operation.
d. 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.
e. 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.
f. The Owner/Operator may request an extension of the 180-day Period of Temporary Operation if compliance with all applicable regulations and Plan Approval requirements has not been established. The extension request shall be submitted in writing at least 15 days prior to the end of the Period of Temporary Operation and shall provide a description of the compliance status of the source. The extension request shall include a detailed schedule for establishing compliance and the reasons compliance has not been established. This Period of Temporary Operation may be extended for additional limited periods, each not to exceed 180-days, by submitting an extension request as described previously.
g. 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.
21. This approval to construct shall become invalid if:
a. the construction, modification or installation is not commenced (as defined in 40 CFR 52.21(b)(8)) within 18 months of the issuance of the plan approval, or
b. if there is more than an 18-month lapse in construction, modification, or installation. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. (25 Pa. Code § 127.13(c))
22. Notify the Department when the installation is completed so that the facility can be inspected for issuance of an operating permit. Submit an Operating Permit application within 180 days of commencement of construction.
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 APCA (35 P. S. § 4003) and 25 Pa. Code § 121.1. (25 Pa. Code § 121.1)
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 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. (25 Pa. Code § 127.12b (a) (b))
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 listed, prior to the expiration 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. 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. The 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 the time as it notifies the company that testing is required. (25 Pa. Code § 127.12b)
5. 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. (25 Pa. Code § 127.12(a)(10))
6. 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. (25 Pa. Code §§ 127.12(c) and (d) and 35 P. S. § 4013.2)
7. This plan approval will be valid for a limited time, as specified by the expiration date contained on page 1 of this plan approval.
a. 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.
b. 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:
i. A justification for the extension,
ii. A schedule for the completion of the construction.
c. 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.
d. 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. (25 Pa. Code § 127.13)
8. 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. (25 Pa. Code § 127.32)
9. 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. (25 Pa. Code § 127.12(4) and 35 P. S. § 4008 and § 114 of the CAA)
10. 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. (25 Pa. Code 127.13a)
11. 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.
12. Reports, test data, monitoring data, notifications shall be submitted to the following:
Regional Air Program Manager
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15322213. 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 (P. L. 106-40).
14. The permittee shall prepare and implement a Risk Management Plan (RMP) which meets the requirements of section 112(r) of the CAA, 40 CFR Part 68 and the Federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act when a regulated substance listed in 40 CFR 68.130 is present in a process in more than the listed threshold quantity at the facility. The permittee shall submit the RMP to the EPA according to the following schedule and requirements:
a. The permittee shall submit the first RMP to a central point specified by the EPA no later than the latest of the following:
i. Three years after the date on which a regulated substance is first listed under 40 CFR 68.130; or,
ii. The date on which a regulated substance is first present above a threshold quantity in a process.
b. The permittee shall submit any additional relevant information requested by the Department or the EPA concerning the RMP and shall make subsequent submissions of RMPs in accordance with 40 CFR 68.190.
c. The permittee shall certify that the RMP is accurate and complete in accordance with the requirements of 40 CFR Part 68, including a checklist addressing the required elements of a complete RMP.
d. As used in this plan approval condition, the term ''process'' shall be as defined in 40 CFR 68.3. The term ''process'' means any activity involving a regulated substance including any use, storage, manufacturing, handling or onsite movement of the substances or any combination of these activities. For purposes of this definition, any group of vessels that are interconnected or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process. (25 Pa. Code § 127.12(9) and 40 CFR Part 68)
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 Jacob Chemsak, 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.
All comments must be received prior to the close of business 30 days after the date of this publication.
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