NOTICES
ENVIRONMENTAL
HEARING BOARD
Panther Creek Partners v. DEP; EHB Doc. No. 95-114-MR
[26 Pa.B. 5266] The Department of Environmental Protection (Department), and Panther Creek Partners (Panther Creek) have agreed to a settlement of the above-captioned matter.
On May 19, 1995, the Department issued to Panther Creek Air Quality Operating Permit No. 13-0003 (Operating Permit) governing air emissions from the Panther Creek Energy Project, an anthracite coal refuse-fired electric generating plant located in Nesquehoning, Pennsylvania (Facility). The Facility consists of two circulating fluidized bed combustion (CFB) boilers designed to utilize coal refuse (with limited mixing with anthracite coal) as the primary solid fuel during normal operations. The Operating Permit included approval of a proposal for continued implementation of Reasonably Available Control Technology (RACT) for the control of nitrogen oxide (NOx) emissions from the Facility.
On June 23, 1995, Panther Creek filed a timely appeal of the Operating Permit with the Environmental Hearing Board. That appeal challenged certain conditions in the Operating Permit, most particularly with respect to (1) the expression of the design/maximum rated capacity of the two CFB boilers, and (2) the emission limitations for sulfur dioxide (SO2), carbon monoxide (CO) and NOx applicable to certain special operating conditions, consisting of period (including startup, shutdown, process recovery and other special conditions) when CFB bed temperatures are below 1,400°F and fuel oil is used as the sole or supplemental fuel.
The parties have agreed to a settlement, the major provisions of which include:
1. Within 30 days following entry of this Consent Adjudication, the Department will prepare, for publication and comment, a draft amended Operating Permit, which includes the following provisions:
a. Correction to the statement of the capacity of the two CFB units to indicate a design rated heat input of 483.3 MMBtu/hr per unit, and a maximum heat input of 600.0 MMBtu/hr per unit.
b. Establishment of emission limits governing emissions of NOx, CO and SO2 during Special Operating Conditions, defined therein to mean those periods (including periods of startup, shutdown, process recovery, generation curtailment, and utility emergency conditions) when the bed temperature of a CFB unit is less than 1,400°F and fuel oil is used as a sole or supplemental fuel. During such Special Operating Conditions, new emission limits are established on the combined emissions from both boilers, including a 3-hour rolling average and 24-hour average limit for SO2, a 1-hour average and 8-hour rolling average for CO, and a 1-hour average for NOx.
c. Establishment of a cap on total emissions from the two CFB units, such that the total emissions shall not exceed the following values on an annual rolling average basis: SO2--660.5 tons/yr; CO--762.1 tons/yr; NOx--635.1 tons/yr.
d. Installation, certification and operation of additional continuous emission monitoring equipment and imposition of additional recordkeeping and reporting requirements in order to monitor compliance with air emission limitations governing normal and Special Operating Conditions.
2. Within 60 days following publication of the notice of the draft Operating Permit, the Department will hold a public hearing in accordance with the requirements for a proposed amendment to the Pennsylvania State Implementation Plan (SIP), to incorporate into the SIP those elements of the amended Operating Permit relating to Reasonably Available Control Technology for control of NOx emissions form the Panther Creek Facility. After the required public comment period, the Department will submit the proposed SIP amendment to the U. S. Environmental Protection Agency for approval.
3. Panther Creek will pay a stipulated civil penalty of $3,000 per quarter for violation of the emission limitations in the May 19, 1995 Operating Permit between April 1, 1996 and December 31, 1996. The Department will not take any further enforcement action against Panther Creek seeking additional civil penalties for failure to comply with the emission limitations set forth in the May 19, 1995 Operating Permit, with respect to emissions that occurred from April 1, 1996 through the effective date of the amended Operating Permit that would not have violated the emission limitations set forth in the amended Operating Permit, as long as Panther Creek is in compliance with the schedule set forth in the amended Operating Permit.
Copies of the full agreement are in the possession of:
Barbara L. Smith, Assistant Counsel, Office of Chief Counsel, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) 826-2519;
R. Timothy Weston, Esquire, Kirkpatrick & Lockhart, LLP, Payne-Shoemaker Building, 240 North Third Street, Harrisburg, PA 17101;
and at the Offices of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.
Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Rachel Carson State Office Building, 400 Market Street, 2nd Floor, P. O. Box 8457, Harrisburg, PA 17105-8457.
If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 (800) 654-5984.
Appeals shall be filed within 20 days of this publication.
The Environmental Hearing Board is empowered to approve this settlement which becomes final if no objection is timely filed with the Board.
GEORGE J. MILLER,
Chairperson
[Pa.B. Doc. No. 96-1846. Filed for public inspection November 1, 1996, 9:00 a.m.]
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