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PA Bulletin, Doc. No. 04-1823

NOTICES

Proposed General Plan Approval and/or General Operating Permits (BAQ-GPA/GP-9, GP-11 and GP-12)

[34 Pa.B. 5442]

   The Department of Environmental Protection (Department) proposes to issue the following general plan approvals and/or general operating permits (GPs) which contain predetermined Best Available Technology (BAT) and other regulatory requirements:

   BAQ-GPA/GP-9 (Diesel or No. 2 Fuel-fired Internal Combustion Engines)

   BAQ-GPA/GP-11 (Nonroad Engines)

   BAQ-GPA/GP-12 (Fugitive Dust Sources and Diesel-fired Internal Combustion (IC) Engines at Coal and Coal Refuse Mining Sites)

   These GPs, authorized under section 6.1(f) and (g) of the Air Pollution Control Act (35 P. S. § 4006.1(f) and (g)), will apply to the construction, operation and modification of the previously mentioned sources.

   The proposed GPs contain conditions which prescribe applicable emission limits, compliance demonstration, monitoring, recordkeeping and reporting requirements.

   Prior to operating under these GPs, the owner or operator of the source must notify the Department and receive prior written approval from the Department before beginning to operate the affected facility. Notification of the facility's intent to use the GPs must be submitted on a form provided by the Department. Facilities operating under these GPs shall comply with the terms and conditions of the GPs.

   These GPs may not be used when the installation of a source, individually or in conjunction with other source installations or modifications, would be subject to 25 Pa. Code Chapter 127, Subchapter D or Subchapter E (relating to prevention of significant deterioration of air quality; and new source review).

BAQ-GPA/GP-9

   This GP is designed to serve as either Plan Approval and/or Operating Permit for diesel engines including emergency generators, electric power generation, rock crushing operation, portable nonmetallic processing plants and engines used in other processes not covered by other GPs.

   The GP includes emission standards for particulate matter, sulfur oxides, visible emissions, odor emissions, total hydrocarbon, nitrogen oxides (NOx) and carbon monoxide (CO). NOx and CO emission standards are based on engine rating, annual operating hours and location of the engine.

   These requirements shall be verified through stack tests, recent onsite test data on similar engines or vendor guarantees. The Department also reserves the right to require an additional verification of emission rates which may include source testing in accordance with applicable provisions of 25 Pa. Code Chapter 139 (relating to sampling and testing) or portable exhaust gas analyzers approved by the Department.

   The applicant shall maintain comprehensive accurate records of hours, fuel used and emissions test results. These records shall be retained for a minimum of 5 years and shall be made available to the Department upon request.

   The Department proposes to establish application, permit renewal and annual general operating permit administrative fees for GP-9 as follows:

   1.  During calendar years 2004 and 2005, $375.

   2.  The GP fee shall be increased on January 1 of each year starting with 2006 by the percentage, if any, by which the Consumer Price Index (CPI) for the most recent calendar year exceeds the CPI for the previous calendar year. For calculation purposes, the CPI for a calendar year is the average of the CPI for All Urban Consumers, published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.

BAQ-GPA/GP-11

   This GP is designed to serve as either Plan Approval and/or Operating Permit for all compression ignition nonroad engines. The Environmental Protection Agency (EPA) has defined nonroad engines in 40 CFR 89.2. These engines are for temporary use at sites for less than 1 year and are regulated by the Federal Clean Air Act and the cited CFRs. States are preempted from adopting or enforcing standards or other requirements for nonroad engines. The GP for nonroad engines outlines the BAT for these engines as compliance with requirements that are specified in 40 CFR Parts 85 and 89.

   These BAT requirements shall be verified through vendor guarantees, recent onsite test data on similar engines or other means approved by the Department. However, the Department reserves the right to require an additional verification of emission rates which may include source testing in accordance with applicable provisions of 25 Pa. Code Chapter 139 or portable exhaust gas analyzers approved by the Department.

   The applicant shall maintain comprehensive accurate records of hours, fuel used and relocation for each unit. The applicant shall notify the Department and the municipality prior to relocation of a nonroad engine. These records shall be retained for a minimum of 5 years and shall be made available to the Department upon request.

   The Department proposes to establish application, permit renewal and annual general operating permit administrative fees for GP-11 as follows:

   1.  During calendar years 2004 and 2005, $375.

   2.  The GP fee shall be increased on January 1 of each year starting with 2006 by the percentage, if any, by which the CPI for the most recent calendar year exceeds the CPI for the previous calendar year. For calculation purposes, the CPI for a calendar year is the average of the CPI for All Urban Consumers, published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.

BAQ-GPA/GP-12

   This GP is designed to serve as both general plan approval and the general operating permit for fugitive dust sources and diesel-fired internal combustion engines at coal and coal refuse (waste coal) preparation plants.

   The Department has established the BAT requirements for the diesel engines used for this source category in a manner that is consistent with those established in GP-9, but which represents typical operation for coal and coal refuse preparation plants. The Department has also established BAT control and housekeeping requirements for the fugitive dust generating operations used at coal preparation plants that are different as reflective of plant specific annual coal throughput and distance from the nearest resident.

   These requirements will be verified through stack test, recent onsite test data on similar engines or vendor guarantees. The Department also reserves the right to require an additional verification of emission rates which may include source testing in accordance with applicable provisions of 25 Pa. Code Chapter 139 or portable exhaust gas analyzers approved by the Department.

   The applicant shall maintain comprehensive accurate records of hours, fuel used and emissions test results. These records shall be retained for a minimum of 5 years and shall be made available to the Department upon request.

   The Department proposes to establish application, permit renewal and annual general operating permit administrative fees for GP-12 as follows:

   1.  During calendar years 2004 and 2005, $1,000.

   2.  The GP fee shall be increased on January 1 of each year starting with 2006 by the percentage, if any, by which the CPI for the most recent calendar year exceeds the CPI for the previous calendar year. For calculation purposes, the CPI for a calendar year is the average of the CPI for All Urban Consumers, published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of each calendar year.

   Authorization to operate the sources under these GPs will be issued for a term of 5 years. Within 30 days of the expiration date of the authorization to operate under the respective GP, the permittee must renew the authorization if the facility intends to continue to operate under any of these GPs.

   A complete copy of these GPs can be obtained by contacting Jeanette Van Skike, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4325. TDD users may telephone the Department through the AT&T Relay Service, (800) 654-5984. Copies of the GPs are available on the Department's website: www.dep.state.pa.us (DEP Keyword: Air Quality).

   The Department requests written comments on the proposed GPs. Notice and opportunity for comment will also be provided to the EPA, Delaware, Maryland, New Jersey, New York, Ohio, Virginia and West Virginia. Interested persons may submit written comments, suggestions or objections to John Slade, Chief, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4325. The Department will also consider written requests that a public hearing be held concerning these proposed GPs. Public comments must be submitted to the Department by November 16, 2004. Comments received by facsimile will not be accepted.

KATHLEEN A. MCGINTY,   
Secretary

[Pa.B. Doc. No. 04-1823. Filed for public inspection October 1, 2004, 9:00 a.m.]


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