NOTICES
Proposed Revisions to General Plan Approval and General Operating Permit (BAQ-GPA/GP-5)
[35 Pa.B. 6462] The Department of Environmental Protection (Department) proposes to revise the General Plan Approval and Operating Permit BAQ-GPA/GP-5 (GP-5) for Natural Gas Compression Facilities and rename it for Natural Gas Production or Coal Bed Methane Recovery Facilities (General Permit).
The primary purpose of this revision is to include coal bed methane recovery facilities in this General Permit and also to reflect the way General Permit conditions have evolved since GP-5 was issued initially. Other changes are proposed to clarify that the General Permit may be used either as a general plan approval or as a general operating permit for a natural gas production or coal bed methane recovery facility, as outlined under proposed Permit Condition 2--Applicability/Source Coverage Limitations. Previous requirements for visible, odor and other emission limitations are moved to Condition 13, Emissions Limits for Natural Gas Production or Coal Bed Methane Recovery Facilities. Also, Conditions 3--12, 14 and 15 in the current General Permit document are changed due to routine internal evaluations. Conditions 16--18 of this document reflect minor changes in the numbering of current conditions cited as cross references.
The following are the conditions affected by this revision. The condition numbers listed here reflect how they appear in the proposed revision.
Proposed Permit Conditions
1. Statutory Authority and General Description
In accordance with Section 6.1(f) of the Air Pollution Control Act, 35 P. S. § 4006.1(f), 25 Pa. Code §§ 127.514 and 25 Pa. Code § 127.611, the Department of Environmental Protection (Department) hereby issues this general plan approval and/or general operating permit for Natural Gas Production or Coal Bed Methane Recovery Facilities.
2. Applicability/Source Coverage Limitations
This General Permit authorizes construction and/or operation of a natural gas production or coal bed methane recovery facility.
This General Permit is limited to a facility engaged in the production of natural gas from natural gas production or coal bed methane recovery wells only. It does not include facilities operated as a part of a transmission pipeline or gas storage field, nor does it cover the compression of other types of gases from landfills, refineries, coke ovens, etc. A natural gas production or coal bed methane recovery facility may include internal combustion (compressor) engines, gas dehydration units, crude oil and brine storage tanks, vents and other equipment associated with this activity.
This General Permit has been established in accordance with the provisions described in 25 Pa. Code Chapter 127, Subchapter H (relating to general plan approvals and operating permits). If the natural gas production or coal bed methane recovery facility cannot be regulated under the requirements of this General Permit, a plan approval and/or an operating permit issued in accordance with 25 Pa. Code Chapter 127, Subchapter B (relating to plan approval requirements) and/or Subchapter F (relating to operating permit requirements) will be required, or if the facility is a Title V facility, a Title V operating permit issued in accordance with Subchapter F and Subchapter G (relating to Title V operating permits) will be required.
Plan Approval
Once authorization to use this General Permit is granted, construction of the natural gas production or coal bed methane recovery facility designated in the application may proceed.
This General Permit authorizes the construction of internal combustion engine(s); dehydrator(s) and associated equipment that meet the best available technology (BAT) required under 25 Pa. Code §§ 127.1 and 127.12(a)(5), provided the respective construction is not subject to the requirements of 25 Pa. Code Chapter 127, Subchapter D (relating to prevention of significant deterioration), or 25 Pa. Code Chapter 127, Subchapter E (relating to new source review). For purposes of this General Permit, BAT for an internal combustion engine with a rated capacity equal to or greater than 100 brake horsepower (bhp) shall include the installation and operation of available control measures that reduce emissions to the limitations described in Condition 13.b. Any internal combustion engine with a rated capacity equal to or greater than 1500 bhp may not be installed under this General Permit.
BAT for a dehydrator that has a total uncontrolled potential emission rate of volatile organic compound (VOC) emissions equal to or greater than 10 (ten) tons per year includes the installation of an air cleaning device in accordance with Condition 13.c. Additional construction authorized by this General Permit includes the temporary replacement in-kind of engines for a period up to six months if an engine experiences an emergency breakdown. Under all other circumstances, replacement engines must meet the BAT requirements specified in Condition 13.b.
Operating Permit
This General Permit authorizes the operation of the natural gas production or coal bed methane recovery facility unless the respective operation is located in a facility subject to the requirements of 25 Pa. Code Chapter 127, Subchapter F, or Subchapters F and G. A natural gas production or coal bed methane recovery facility that is constructed under this General Permit and located in a facility subject to the requirements of Subchapter F or Subchapters F and G may, however, be operated under this General Permit on a temporary basis until such time as the operating permit required pursuant to Subchapter F or Subchapters F and G has been obtained or amended to include the terms and conditions of this General Permit.
Once authorization to use this General Permit is granted, operation may proceed provided that the permittee notifies the Department in accordance with Condition 6.
3. Application for Use
Pursuant to 25 Pa. Code § 127.621, any person proposing to construct and/or operate a natural gas production or coal bed methane recovery facility under the General Permit shall make application to the Department using the ''Natural Gas Production or Coal Bed Methane Recovery Facility General Permit Application'' form provided by the Department and shall receive written authorization from the Department prior to using this General Permit. This form shall be accompanied by the appropriate application fee and any additional forms and information as may be specified or requested by the Department and shall be submitted to the Department's Regional Office responsible for authorizing the use of this general permit in the county in which the respective natural gas production or coal bed methane recovery facility is to be constructed and/or operated. The Department will take action on the application within 30 days of receipt.
4. Compliance
Any facility operating under this General Permit must comply with the terms and conditions of the General Permit. The facility shall be:
a. operated in such a manner as not to cause air pollution, as defined in 25 Pa. Code § 121.1.
b. operated and maintained in a manner consistent with good operating and maintenance practices; and
c. operated and maintained in accordance with the manufacturer's specifications and the applicable terms and conditions of this General Permit.
5. Permit Modification, Suspension and Revocation
This General Permit may be modified, suspended, or revoked if the Department determines that the affected facility cannot be adequately regulated under this General Permit.
Any authorization to construct and/or operate a natural gas production or coal bed methane recovery facility under this General Permit that is granted to a person by the Department may be suspended or revoked if the Department determines that, at any time, that person has failed to construct and/or operate the natural gas production or coal bed methane recovery facility in compliance with the terms and conditions of this General Permit. Upon suspension or revocation of the authorization to construct and/or operate a natural gas production or coal bed methane recovery facility under this General Permit, construction shall immediately be ceased and/or the respective natural gas production or coal bed methane recovery facility shall not thereafter be operated.
6. Notice Requirements
The applications and notifications required by 25 Pa. Code § 127.621 shall be submitted to the appropriate Regional Office responsible for issuing general permits in the county in which the natural gas production or coal bed methane recovery facility is or will be located. As required under § 127.621(b), the application shall be either hand delivered or transmitted by certified mail, return receipt requested.
The permittee shall not construct a new source under this General Permit until and unless the appropriate Regional Office is notified that the construction is to be conducted and written approval to construct is received. This General Permit may be used by a new source to authorize operation provided that the Department receives written notice from the permittee of the completion of construction and the intent to commence operation at least five (5) working days prior to completion of construction.
The permittee shall notify the Department by telephone within twenty four (24) hours of the discovery of any malfunction of a natural gas production or coal bed methane recovery facility operating pursuant to this General Permit, or any malfunction of an associated air cleaning device that results in, or may possibly be resulting in, the emission of air contaminants in excess of any applicable limitation specified herein or in excess of the limitations specified in any applicable rule or regulation contained in 25 Pa. Code Chapters 121 through 145, or that otherwise results in, or may possibly be resulting in, noncompliance with the requirements specified in any applicable condition of this General Permit. If the permittee is unable to provide notification within twenty four (24) hours of discovery due to a weekend or holiday, the notification shall be made to the Department by no later than 4 p.m. on the first Department business day following the respective weekend or holiday. The permittee shall additionally provide whatever subsequent written report the Department may request regarding any reported malfunction.
7. Term of Permit
Authority to operate under this General Permit is granted for a fixed term of five (5) years. The Department will notify each applicant, in writing, when authority to operate under this General Permit is granted.
8. Permit Fees
This General Permit establishes the following plan approval application, operating permit application and operating permit renewal fee:
Three hundred seventy-five ($375.00) dollars.
A plan approval application and fee is required each time the permittee installs or modifies a natural gas production or coal bed methane recovery facility in accordance with this General Permit.
9. Expiration and Renewal of Authorization
The permittee's right to construct and/or operate under this General Permit terminates on the date of expiration of the authorization unless a timely and complete renewal application is submitted to the Department thirty (30) days prior to the expiration date.
Upon receipt of a complete and timely application for renewal to construct and/or operate under this General Permit, the permittee may continue to construct and/or operate the natural gas production or coal bed methane recovery facility subject to final action by the Department on the renewal application, provided, in case of operation, that the natural gas production or coal bed methane recovery facility is operated in compliance with all terms and conditions of this General Permit. This right shall, however, cease to exist if the applicant fails to submit, by the deadline specified by the Department, any information required by the Department to process the renewal application.
The application for renewal shall include the identity of the owner or operator, location of the facility, current permit number, description of the engines and equipment located at the facility, information regarding previously imposed limitations, the appropriate renewal fee listed in Condition 8 and any other information requested by the Department.
10. Applicable Laws
Nothing in this General Permit relieves the permittee from the obligation to comply with all applicable Federal, state and local laws and regulations.
11. Prohibited Use
Any stationary air contamination source that is subject to the requirements of 25 Pa. Code Chapter 127, Subchapters D, E, G, or 25 Pa. Code § 129.91 (relating to control of major sources of NOx and VOCs) may not construct or operate a natural gas production or coal bed methane recovery facility under this General Permit. This General Permit shall not be used for the installation of internal combustion engine(s) with a rated capacity of more than 1500 bhp.
12. Transfer of Ownership or Operation
The permittee may not transfer the authorization to operate the natural gas production or coal bed methane recovery facility. New owners or operators shall submit a new application and fees as described in Condition 8.
13. Emissions Limits for Natural Gas Production or Coal Bed Methane Recovery Facilities
a. Natural gas production or coal bed methane recovery facilities operated under this General Permit may not, at any time, result in the emission of:
i. Visible emissions in excess of the limitations specified in 25 Pa. Code § 123.41 (relating to limitations) as follows:
A. Equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any one hour.
B. Equal to or greater than 60% at any time.
ii. Malodorous air contaminants in such a manner that the malodors are detectable outside the facility property.
b. Internal combustion engines for which construction commenced after March 10, 1997, and which have rated capacity equal to or greater than 100 bhp but no greater than 1500 bhp.
These internal combustion engines shall be equipped and operated with air cleaning devices that reduce emissions to levels equal to or less than:
i. NOx at rated bhp and operating at rated speed--two grams per bhp-hour (gms/bhp-hr);
ii. VOC at rated bhp and operating at rated speed--two gms/bhp-hr;
iii. CO at rated bhp and operating at rated speed--two gms/bhp-hr; and,
iv. At operating conditions less than rated capacity, internal combustion engines shall, on a pounds-per-hour basis, emit no more than they emit at rated bhp and rated speed.
v. Visible emissions in excess of the following limitations:
A. Equal to or greater than 10% for a period or periods aggregating more than 3 minutes in any one hour.
B. Equal to or greater than 30% at any time.
c. Glycol dehydrators for which construction commenced after March 10, 1997, and which have a total uncontrolled potential emission rate of VOCs in excess of ten tons per year.
A Glycol Dehydrator is exempt from the requirements of this condition if it can be shown that by using GRI-GLYCalcTM computer software, or an alternative method as approved by the Department total uncontrolled potential emission rate of VOC emissions from the unit is equal to or less than ten (10) tons per year and the unit can be operated without creating malodors as prescribed in Condition 13.c.v.
i. The VOC emissions from the dehydrator still vent stream shall be controlled by at least 85% either with a condenser, a flare or other air cleaning device, or any alternative methods as approved by the Department. This control efficiency requirement must be demonstrated to the satisfaction of the Department.
ii. A Glycol Dehydrator using a condenser as an air cleaning device shall daily achieve an average final exhaust temperature of less than 110 degrees Fahrenheit (110°F).
iii. A Glycol Dehydrator using a flare as an air cleaning device shall ensure destruction of VOC emissions to the flare stack by maintaining the heat content of the flare gas above 300 BTU/scf, and by documenting daily visual observations of the continuous presence of a flame.
iv. Visible emissions from a Glycol Dehydrator using a flare shall not exceed the following limitations:
A. Equal to or greater than 10% for a period or periods aggregating more than 3 minutes in any one hour.
B. Equal to or greater than 30% at any time.
v. A Glycol Dehydrator shall not emit malodorous air contaminants in such a manner that the malodors are detectable outside the facility property.
14. Emission Limitations and/or Operating Requirements Previously Established Pursuant to a Case-by-Case Best Available Technology Determination and/or Imposed to Give Synthetic Minor Status
This General Permit cannot be used to vacate BAT or other emission limitations or requirements established through the air quality permitting process.
15. Requirements for Engines Installed After July 1, 1972, Without Obtaining Plan Approval
a. Engines that commenced construction prior to January 1, 1990, shall comply with all requirements of this General Permit except Condition 13.b.
b. Engines that commenced construction after January 1, 1990, but before March 10, 1997, and that have NOx emissions that do not exceed twenty (20) tons per year per engine, shall comply with all requirements of this General Permit except Condition 13.b.
c. Engines that commenced construction after January 1, 1990, but before March 10, 1997, and that have NOx emissions over twenty (20) tons per year per engine, shall comply with all the requirements of this General Permit, including Condition 13.b.
16. Performance Testing
a. The Department shall require verification of NOx emissions from the facility if the NOx emissions are estimated to be equal to or greater than ninety (90) tons per year. The verification may include: vendor guarantees, performance testing in accordance with applicable provisions of 25 Pa. Code Chapter 139 (relating to sampling and testing), portable analyzers, recent on-site test data on similar engines, or any other means approved by the Department.
b. When a new internal combustion engine is installed in accordance with Conditions 2 and 13.b., compliance with the emission limitation shall be demonstrated to the satisfaction of the Department. The demonstration may include: vendor guarantees, performance testing in accordance with applicable provisions of 25 Pa. Code Chapter 139, results from portable analyzers, recent on-site test data on similar engines, or any other means approved by the Department.
i. For a new internal combustion engine installed in accordance with Conditions 2 and 13.b. and that has a rated capacity equal to or less than 500 bhp, vendor guarantees shall be sufficient to fulfill this requirement. However, when the NOx emissions from the facility are estimated to be equal to or greater than ninety (90) tons per year, the Department reserves the right to require an additional verification of emission rates, which may include source testing.
ii. For a new internal combustion engine installed in accordance with Conditions 2 and 13.b., and that has a rated capacity greater than 500 bhp, but no greater than 1500 bhp, the permittee shall perform stack testing in accordance with 25 Pa. Code Chapter 139, within one hundred eighty (180) days of issuance of this General Permit. A Department-approved portable analyzer may be used in lieu of initial stack testing. The submittal of the initial testing will be extended to one year should the permittee elect to demonstrate compliance, in lieu of testing, through an alternate means. Alternate means may include parametric monitoring of engine parameters to confirm that engine emissions are within the emission limitations.
In addition to the stack testing required by this condition, within twelve (12) months after the initial stack testing, and annually thereafter, the permittee shall perform NOx emissions tests upon each of the respective engines as stated in Condition 13.b. herein using a portable analyzer approved by the Department. The Department may alter the frequency of annual portable analyzer tests based on the results. The Department may also waive all or parts of this requirement if the permittee demonstrates compliance, in lieu of testing, through alternate means satisfactory to the Department.
The Department reserves the right to require stack tests in accordance with EPA reference methods should the data from the portable analyzer warrant. The purpose of this testing is to demonstrate compliance with the emission limitations required for new engines.
iii. If, at any time, the Department has cause to believe that air contaminant emissions from the facility covered by this General Permit are in excess of the limitations specified in, or established pursuant to, any applicable regulation contained in 25 Pa. Code, Subpart C, Article III, the Department shall require the permittee to conduct tests deemed necessary to demonstrate compliance. The permittee shall perform such testing in accordance with the applicable provisions of 25 Pa. Code Chapter 139 (relating to sampling and testing) and in accordance with any restrictions or limitations established by the Department at the time the permittee is notified, in writing, of the testing requirement.
17. Monitoring, Recordkeeping and Reporting
a. The permittee shall maintain comprehensive, accurate records which, at a minimum, shall include the following:
i. The number of hours per calendar year that each engine or piece of equipment operated.
ii. The amount of fuel used per calendar year in each engine or piece of equipment.
b. When a new internal combustion engine is installed in accordance with Conditions 2 and 13.b. and is required to conduct a performance test, the permittee shall maintain records or report the following:
i. Records including a description of testing methods, results, all engine operating data collected during the tests, and a copy of the calculations performed to determine compliance with emission standards.
ii. Copies of the report that demonstrates that the engines were operating at rated bhp and rated speed conditions during performance testing.
iii. Submittal of reports in accordance with the requirements and schedules outlined in Condition 16.a. of this General Permit.
c. When a new dehydrator is installed in accordance with Conditions 2 and 13.c., the permittee shall maintain the following:
i. A record of the results of any testing conducted to determine compliance with Condition 13.c.
ii. If a Glycol Dehydrator using a condenser as an air cleaning device is installed, a record of final exhaust temperature and time observed shall be recorded twice per week on different days during daylight hours.
iii. If a Glycol Dehydrator using a flare as an air cleaning device is installed, a record of daily visual observations of the continuous presence of a flame shall be recorded.
iv. The date of any maintenance and repair of the required air cleaning device and duration of uncontrolled emissions during such activities.
d. For a Glycol unit for which exemptions from Conditions 2 and 13.c. are being claimed, the permittee shall maintain the following records:
i. VOC emissions using GRI-GLYCalcTM computer software or an alternative method as approved by the Department.
ii. A record of actual throughput per day and the glycol circulation rate.
These records shall be retained for a minimum of two years and shall be made available to the Department upon request. The Department reserves the right to expand the list contained in this condition as it may reasonably prescribe pursuant to the provisions of Section 4 of the Pennsylvania Air Pollution Control Act (35 P. S. §§ 4004), and as it may deem necessary to determine compliance with any condition contained herein.
18. Start-up and Shut-down Exclusion
The emission limitations stated in Conditions 13.a.i, 13.b., and 13.c. shall apply at all times except during periods of start-up and shut-down, provided, however, that the duration of start-ups and shut-downs do not exceed one hour per occurrence.
Opportunity to Comment
A copy of the draft revised General Permit will be made available on the Department's website at www. depweb.state.pa.us (DEP Keyword: Public Participation; select Proposals Open for Comment). A copy of the draft revised General Permit may also 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.
The Department requests written comments on the proposed revisions to the General Permit by January 10, 2006. Comments received by facsimile will not be accepted. Notice and opportunity for comment will also be provided to the United States Environmental Protection Agency and Delaware, Maryland, New Jersey, New York, Ohio, Virginia and West Virginia. Interested persons may submit written comments, suggestions or objections to Craig A. Evans, Chief, Title V/NSR Section, 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 this proposed General Permit.
Upon conclusion of the public comment period, the Department will publish a notice in the Pennsylvania Bulletin concerning the issuance of the modified General Permit.
KATHLEEN A. MCGINTY,
Secretary
[Pa.B. Doc. No. 05-2176. Filed for public inspection November 23, 2005, 9:00 a.m.]
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