NOTICES
ENVIRONMENTAL
HEARING BOARD
National Fuel Gas Supply Corporation v. DEP; EHB Doc. No. 2005-168-MG
[36 Pa.B. 7513]
[Saturday, December 9, 2006]The Department of Environmental Protection (Department) and National Fuel Gas Supply Corporation (NFG) have submitted a Consent Adjudication for approval by the Environmental Hearing Board (Board) in this matter. NFG maintains a compressor station at Ellisburg in Allegany Township, Potter County (Ellisburg Compressor Station). At the Ellisburg Compressor Station, NFG operates commercial class reciprocating internal combustion engines that drive natural gas compressors, among other things. On August 16, 1999, the Department issued a plan approval for the modification of Engine 1A at the Ellisburg Compressor Station. Appropriate testing methods were discussed between the parties and the Department ultimately approved NFG's formaldehyde testing on Engine 1A on October 20, 2003. On May 27, 2004, NFG submitted a plan approval application to change the permitted formaldehyde emission limit on Engine 1A. The 2004 application was denied and NFG appealed the denial of that application. The appeal was docketed with the Board at EHB Docket No. 2005-168-MG. On June 20, 2006, NFG submitted another plan approval application to request a change in the permitted formaldehyde emissions rate for Engine 1A.
The Department and NFG have agreed to a settlement in the form of a Consent Adjudication, the major provisions of which include:
1. The Department will issue Plan Approval No. 53-00003C as Appendix A to the Consent Adjudication that will establish formaldehyde emissions rates for Engine 1A of 0.17 g/BHP, 1.67 lb/hr and 7.31 tons/year at 4,445 BHP.
2. NFG waives its rights to challenge Plan Approval No. 53-0003C if issued as described in the Appendix A to the Consent Adjudication.
3. The Department accepts the June 3, 2003 emissions test conducted by NFG as demonstrating compliance with the 1.67 lb/hr and 7.31 tons/year formaldehyde emissions limitations from Engine 1A for purposes of Plan Approval No. 53-00003C.
Copies of the full Consent Adjudication are in the hands of: Dawn M. Herb, Assistant Counsel, Department of Environmental Protection, Northcentral Region Office of Chief Counsel, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448, (570) 321-6568; David G. Mandelbaum, Esquire and Marc E. Davies, Esquire, Ballard Spahr Andrews & Ingersoll, LLP, 1735 Market Street, 51st Floor, Philadelphia, PA 19103-7599, (215) 864-8102 or (215) 864-8248; and at the office of the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17105-8457, (717) 787-3483 and may be reviewed by any interested party on request during normal business hours. Public comments will be received for 30 days from the date of this notice. A copy of any comments should be sent to each of the parties at the previously noted addresses. This notice is being provided under 25 Pa. Code §§ 1021.38 and 1021.141 (relating to publication of notice; and termination of proceedings). The Consent Adjudication is subject to final approval by the Board. The Board may schedule a hearing prior to taking action on the Consent Adjudication. For any aggrieved person not a party to the action, an appeal of the Consent Adjudication must be filed with Commonwealth Court within 30 days of the date of the Board's action.
MICHAEL L. KRANCER,
Chairperson
[Pa.B. Doc. No. 06-2427. Filed for public inspection December 8, 2006, 9:00 a.m.]
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