[38 Pa.B. 2681]
[Saturday, June 7, 2008]
[Continued from previous Web Page]
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 determi-nations 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. 4608506, Public Water Supply.
Applicant Superior Water Company Township New Hanover County Montgomery Responsible Official Robert Braglio
1885 Swamp Pike
Suite 109
Gilbertsville, PA 19525-0525Type of Facility PWS Consulting Engineer Entech Engineering, Inc.
4 South Fourth Street
P. O. Box 32
Reading, PA 19603Application Received Date March 24, 2008 Description of Action Addition of arsenic treatment to the Hunter's Run service area. Southcentral Region: Water Supply Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Permit No. 6708504, Public Water Supply.
Applicant The York Water Company Municipality West Manchester Township County York Responsible Official Jeffrey R. Hines, Vice President--Engineering
130 East Market Street
P. O. Box 15089
York, PA 17405-7089Type of Facility Public Water Supply Consulting Engineer Mark S. Snyder, P. E.
The York Water Company
130 East Market Street
P. O. Box 15089
York, PA 17405-7089Application Received: May 13, 2008 Description of Action North West Booster Station
MINOR AMENDMENT Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Application No. 2608501MA, Minor Amendment.
Applicant Municipal Authority of Westmoreland County
124 Park and Pool Roads
New Stanton, PA 15672Township or Borough Rostraver Township Responsible Official Christopher Kerr
Resident Manager
Municipal Authority of Westmoreland County
124 Park and Pool Roads
New Stanton, PA 15672Type of Facility Rostraver water storage tank Consulting Engineer The EADS Group, Inc.
450 Aberdeen Drive
Somerset, PA 15501Application Received Date May 16, 2008 Description of Action Painting the Rostraver Township water storage tank. Application No. 0208506MA, Minor Amendment.
Applicant Municipal Authority of Westmoreland County
124 Park and Pool Roads
New Stanton, PA 15672Township or Borough White Oak Borough Responsible Official Christopher Kerr
Resident Manager
Municipal Authority of Westmoreland County
124 Park and Pool Roads
New Stanton, PA 15672Type of Facility White Oak water storage tank Consulting Engineer The EADS Group, Inc.
450 Aberdeen Drive
Somerset, PA 15501Application Received Date May 16, 2008 Description of Action Painting the White Oak Borough water storage tank.
WATER ALLOCATIONS
Applications received under the Act of June 24, 1939 (P. L. 842, No. 365) (35 P. S. §§ 631--641) relating to the Acquisition of Rights to Divert Waters of the Commonwealth
Northcentral Region: Water Supply Management Program Manager, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
WA 17-1013 Water Allocations. Wallaceton Municipal Authority, P. O. Box 12, Wallaceton, PA 16876-0012, Wallaceton Borough, Clearfield County. Water Allocation requested for interconnection with Pennsylvania American Water Company, Philipsburg District, granting the right to purchase finished water (50,000 gpd as a peak monthly value).
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 remedia-tion 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 AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Southeast Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401.
56 West Lincoln Highway, Middle Township/Penndel Borough, Bucks County. Charlene Drake, React Environmental Professional Service Group, 6901 Kinsessing Avenue, Suite 201, Philadelphia, PA 19142 on behalf of Chris Neill, Primax Properties, LLC, 1065 East Moreland Street, 4th Floor, Charlotte, NC 28204 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of inorganics and chlorinated solvents. The future use of the site is commercial. A summary of the Notice to Intent to Remediate was reported to have been published in the Bucks County Courier Times on February 28, 2008.
US Steel Fairless Works 73.86 KIPC, Falls Township, Bucks County. Jeffrey Smith, P. G., Langan Engineering and Environmental Services, Inc., 30 South 17th Street, Suite 1300, Philadelphia, PA 19103 on behalf of Kathleen Mayher, United States Steel Corporation, 600 Grant Street, Pittsburgh, PA 15219 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of chlorinated solvents. The future use of the site will remain the same.
Bristol Dry Cleaners, Bristol Township, Buck County. Steven F. Coe, Brown Environmental Services Corporation, 301 South State Street, Suite S201, Newtown, PA 18940 on behalf of Roman Iwaskiw, Brown Environmental Services Corporation, 301 South State Street, Suite S201, Newtown, PA 18940 has submitted a Notice of Intent to Remediate. Groundwater at the site has been impacted by release of chlorinated solvents. The future use of the site is currently operating as a dry cleaning faculty.
US Steel Fairless Work 2.70 KIPC, Falls Township, Bucks County. Jeffrey Smith, P. G., Langan Engineering and Environmental Services, Inc., 30 South 17th Street, Suite 1300, Philadelphia, PA 19103 on behalf of Kathleen Mayher, United States Steel Corporation, 600 Grant Street, Pittsburgh, PA 15219 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of chlorinated solvents. The site is part of an industrial park and only nonresidential use of the property will be permitted in the future. A summary of the Notice of Intent to Remediate was reported to have published on January 14, 2008.
Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
St. Andrews Evangelical Lutheran Church, Salisbury Township and Upper Saucon Township, Lehigh County. Heath Brown, Environmental Standards, Inc., 1140 Valley Forge Road, Valley Forge, PA 19482 has submitted a Notice of Intent to Remediate (on behalf of his client St. Andrews Evangelical Lutheran Church, 1024 South Pike Avenue, Allentown, PA 18103), concerning the remediation of soils found or suspected to have been impacted by No. 2 fuel oil as a result of an accidental release during the refueling of an out-of-service, nonregulated 1,000 gallon underground storage tank. The applicant proposes to remediate the site to meet the Statewide Health Standard. The current and intended future use of the property includes both residential and nonresidential uses. A summary of the Notice of Intent to Remediate is expected to be published in a local newspaper serving the general area sometime in the near future.
Louis Leposa Residence, Bethlehem City, Lehigh County. Thomas J. Martinelli, JMT Environmental Technologies, Inc., P. O. Box 22044, Lehigh Valley, PA 18002-2044 has submitted a Notice of Intent to Remediate (on behalf of his client, Louis Leposa, 4430 Greenfield Road, Bethlehem, PA 18017), concerning the remediation of soils impacted by No. 2 fuel oil as a result of a release from a leaking underground storage tank. The applicant proposes to remediate the site to meet the Residential Statewide Health Standard for soils. The proposed future use of the property will be residential. A summary of the Notice of Intent to Remediate was published in The Express--Times on April 22, 2008.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Former Mountville Wallpaper Factory, Mountville Borough, Lancaster County. Apex Companies, LLC, 269 Great Valley Parkway, Malvern, PA 19355, on behalf of US Small Business Administration, Robert N.C. Nix Federal Building, 900 Market Street, 5th Floor, Philadelphia, PA 19107, submitted a revised Notice of Intent to Remediate site soils and groundwater contaminated with metals, VOCs and SVOCs. The property is a former wallpaper manufacturing facility and planned future use is nonresidential. The applicant seeks to remediate to the Statewide Health Standard.
Former Unitas National Bank, Huntingdon Borough, Huntingdon County. CORE Environmental Services, Inc., 4068 Mount Royal Boulevard, Suite 225, Gamma Building, Allison Park, PA 15101-2051, on behalf of First Commonwealth Professional Resources, Inc., 654 Philadelphia Street, P. O. Box 400, Indiana, PA 15701-0400, submitted a Notice of Intent to Remediate site soils and groundwater contaminated by No. 2 fuel oil. This site is being used for commercial purposes, and will be remediated to the Site-Specific Standard.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Knight Transportation I-80 MM 220 Truck Accident, Liberty Township, Montour County, Northridge Group, Inc., 1172 Ridge Road, Northumberland, PA 17857 on behalf of Knight Transportation, Inc., 5601 West Buckeye Road, Phoenix, AZ 85043 has submitted a Notice of Intent to Remediate soil contaminated with diesel fuel. The applicant proposes to remediate the site to meet the Statewide Health Standard. The site will remain a berm along the interstate highway.
Conway Central Express Route 11/15 Mill Road Truck Accident, Monroe Township, Snyder County, Northridge Group, Inc., 1172 Ridge Road, Northumberland, PA 17857 on behalf of Conway Central Express, 2580 Old Route 15, New Columbia, PA 17856 has submitted a Notice of Intent to Remediate soil contaminated with diesel fuel. The applicant proposes to remediate the site to meet the Statewide Health Standard. The site will remain a private golf course.
P & K Contract Carriers I-80 E. MM 210 Truck Accident, White Deer Township, Union County, Northridge Group, Inc., 1172 Ridge Road, Northumberland, PA 17857 on behalf of P & K Contract Carriers Co., Inc., 16654 Soledad Canyon Road, Canyon Country, CA 01387 has submitted a Notice of Intent to Remediate soil contaminated with diesel fuel. The applicant proposes to remediate the site to meet the Statewide Health Standard. The site will remain an interstate highway.
DETERMINATION OF APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS
Determination of Applicability for General Permit approved 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/or the Beneficial Use of Residual Waste Other Than Coal Ash.
Northcentral Region: Regional Solid Waste Manager, 208 West Third Street, Williamsport, PA 17701.
Permit No. WMGR019NC-037. Clearfield Machine Company, Inc., 520 South 3rd Street, Clearfield, PA 16830, Clearfield Borough, Clearfield County. Determination of Applicability under existing Department of Environmental Protection's (Department) General Permit ID No. WMGR019 for beneficial use of foundry sand was approved by the Regional Office on May 15, 2008.
Persons interested in reviewing the general permit may contact David Garg, P. E., Facilities Manager, Williamsport Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984.
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.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2531.
48-306-013: Northampton Generating Co., LP (1 Horwith Drive, Northampton, PA 18067) for modification to their CFB existing boiler at their facility in Northampton Borough, Northampton County.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
49-00040A: Reagent Chemical and Research, Inc. (R. R. 1, Box 208, Coal Township, PA 17866) to exhaust two fabric collectors associated with a clay target painting operation which had previously been exhausted inside to the outdoor atmosphere thereby ''constructing'' an air contamination source in Coal Township, Northumberland County.
41-00056A: Wenger's Feed Mill, Inc. (101 West Harrisburg Avenue, Rheems, PA 17570) for the construction of a feed mill pellet mill and cooler and associated air cleaning device (a cyclone collector) in Clinton Township, Lycoming 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.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.
21-05053A: PPL Renewable Energy, LLC--Community Refuse Service, Inc.--Landfill Project (Two North Ninth Street, Allentown, PA 18101-1179) for installation of a new engine generating facility in Hopewell Township, Cumberland County. This facility will generate electric power for the electric power grid from landfill gas generated by the Community Refuse Service, Inc./Cumberland County Landfill. This facility's emissions will be approximately 244 tpy of CO, 79 tpy of NOx, 14 tpy of VOCs, 35 tpy PM and 69 tpy of SO2. This plan approval will include monitoring, recordkeeping and reporting requirements designed to keep the sources operating within all applicable air quality requirements.
36-03116B: Cargill Cocoa and Chocolate (48 North Broad Street, Lititz, PA 17543) for modification of the previous plan approval (36-03116A issued in October 2006) for the new roasting system at the chocolate manufacturing facility in Mount Joy Borough, Lancaster County. The modification includes an overall emissions increase from the facility of 1.75 tpy of VOCs.
36-05001G: Armstrong World Industries, Inc. (1507 River Road, Marietta, PA 17547) for installing a mat stacker after the boardmill in East Donegal Township, Lancaster County. The mat stacker may increase production by up to 59 hours per year. With 59 more hours more per year of production, emissions of CO would increase by 5 tpy. The approval will include monitoring, work practices, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
04-00702B: United States Gypsum Co. (1 Woodlawn Road, Aliquippa, PA 15001) to authorize the use of a raw material additive (siloxane) and to revise various emission estimates from sources at the United States Gypsum Company (USG) is a synthetic gypsum wallboard manufacturing facility in Aliquippa, Beaver County.
Under 25 Pa. Code § 127.44(a), the Department of Environmental Protection (Department) intends to issue a Plan Approval to authorize the use of a raw material additive (siloxane) and to revise various emission estimates from sources at the USG. USG is a synthetic gypsum wallboard manufacturing facility located in Aliquippa, Beaver County. Emission rates from the Facility are limited as stated in the Special Conditions to follow.
Copies of the application, the Department's analysis and other documents used in evaluation of the application are available for public inspection during normal business hours at the following address:
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15222For the Department to assure compliance with all applicable standards, the Department proposes to place the following Special Conditions and General Conditions in the Plan Approval: Special Conditions
Special Conditions for Plan Approval PA-04-00702B 1. This Plan Approval is to authorize the use of a raw material additive to make mold resistant board and to revise various emission estimates from sources at the United States Gypsum Company (USG) plant located in Aliquippa, Beaver County. (25 Pa. Code § 127.12b)
2. Emissions from the kiln will be limited as follows: (25 Pa. Code § 127.12b)
Pollutant Kiln Emission Limit
(lbs/hr)
Kiln Emission Limit
(tpy--12 Month Rolling)
PM10 5.134 (normal board)
28.32 (mold resistant board)30.41 VOC 5.20 (normal board)
26.84 (mold resistant board)29.63 CO 22 (all board) 96.37 3. PM10 emissions shall be limited as follows (25 Pa. Code § 127.12b)
Source Emission Limit
(tpy--12 Month Rolling)All Plant Dust Collectors 87.05 All Combustion Sources 7.45 Kiln 30.41 Facility Wide 125 4. VOC emissions from the sources below shall be limited as follows: (25 Pa. Code § 127.12b)
Source Emission Limit
(tpy--12 Month Rolling)All Combustion Sources 13.81 Kiln 29.63 Facility Wide 44 5. Emissions from the facility shall be limited as follows: (25 Pa. Code § 127.12b)
PM2.5 PM10 VOC NOx CO SOx Facility Wide Limit
(tpy--12 Month Rolling)94 125 44 86 140 1.0
6. The Owner/Operator shall keep the following records:
a. Daily records of the amount and kind of board processed at this facility.
b. Natural gas usage recorded on a monthly basis.
c. Operating hours of Dust Collector controlled equipment recorded on a monthly basis.
The records listed previously shall be used to assist in the calculation of emission estimates to demonstrate compliance with emission limitations; and be maintained onsite for a minimum of 5 years, and, be made available to the Department upon request. (25 Pa. Code § 127.12(b))
7. Stack testing shall be conducted to determine the following emission rates from the Kiln: PM (TSP), PM10 (filterable and condensable PM), PM2.5 (method 40 followed by method 202) and VOC. Department approved results from the February 2007 stack tests conducted at USG may be used to satisfy this requirement. (25 Pa. Code Chapter 139)
(a) Under 25 Pa. Code § 139.3 to at least 45 calendar days prior to commencing an emissions testing program, a test protocol shall be submitted to the Department for review and approval. The test protocol shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual.
(b) Under 25 Pa. Code § 139.3 at least 15 calendar days prior to commencing an emission testing program, notification as to the date and time of testing shall be given to the appropriate Regional Office. Notification shall also be sent to the Division of Source Testing and Monitoring. Notification shall not be made without prior receipt of a protocol acceptance letter from the Department.
(c) Under 25 Pa. Code § 139.53(a)(3) within 15 calendar days after completion of the onsite testing portion of an emission test program, if a complete test report has not yet been submitted, an electronic mail notification shall be sent to the Department's Division of Source Testing and Monitoring indicating the completion date of the onsite testing.
(d) Under 40 CFR Part 60.8(a), 40 CFR Part 61.13(f) and 40 CFR Part 63.7(g) a complete test reports shall be submitted to the Department no later than 60 calendar days after completion of the onsite testing portion of an emission test program. For those tests being conducted uner 40 CFR Part 61, the, a complete test report shall be submitted within 31 days after completion of the test.
(e) Under 25 Pa. Code § 139.53(b) a complete test report shall include a summary of the emission results on the first page of the report indicating if each pollutant measured is within permitted limits and a statement of compliance or noncompliance with all applicable permit conditions. The summary results will include, at a minimum, the following information:
* A statement that the owner or operator has reviewed the report from the emissions testing body and agrees with the findings.
* Permit numbers and conditions which are the basis for the evaluation.
* Summary of results with respect to each applicable permit condition.
* Statement of compliance or noncompliance with each applicable permit condition.
(f) Under 25 Pa. Code § 139.3 to all submittals shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual.
(g) Testing shall be performed in accordance with the provisions of 25 Pa. Code Chapter 139 of the Rules and Regulations of the Department.
(h) Under 25 Pa. Code § 139.53(a)(1) and (3) all submittals, besides notifications, shall be accomplished through PSIMS*Online available through www.dep greenport.state.pa.us/ecomm/Login.jsp when it becomes available. If internet submittal can not be accomplished, three copies of the submittal shall be sent to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring, 400 Market Street, 12th Floor, Rachael Carson State Office Building, Harrisburg, PA 17105-8468 with deadlines verified through document postmarks.
(i) The permittee shall ensure all Federal reporting requirements contained in the applicable subpart of 40 CFR are followed, including timelines more stringent than those contained herein. In the event of an inconsistency or any conflicting requirements between State and the Federal, the most stringent provision, term, condition, method or rule shall be used by default.
8. This Plan Approval authorizes temporary operation of the sources covered by this Plan Approval provided the following conditions are met. (25 Pa. Code § 127.12b)
(i) 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.
(ii) 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, and to permit the evaluation of the source for compliance with all applicable regulations and requirements.
(iii) 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 from the date of commencement of operation. The 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.
(iv) 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.
(v) Upon completion of the 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 apply for a new, or amend the existing Operating Permit at least 60 days prior to the expiration date of the Plan Approval. The application shall incorporate the conditions of this Plan Approval into the Operating Permit.
(vi) 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 periods, each not to exceed 120-days, by submitting an extension request as described previously.
Any person wishing to provide the Department with additional information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to the Department at the address shown previously. A 30-day comment period, from the date of this publication, will exist for the submission of comments. 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.
A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the information received. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in this newspaper or by the Pennsylvania Bulletin, or by telephone, when the Department determines that notification by telephone is sufficient. Written comments or requests for a public hearing should be directed to:
Regional Air Quality Program Manager
Commonwealth of Pennsylvania
Department of Environmental Protection
Southwest Region--Field Operation
400 Waterfront Drive
Pittsburgh, PA 15222-4745General 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) (35 P. S. § 4003) and 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 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. (25 Pa. Code § 127.12b(a) and (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 is authorized 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, Subchapters F and 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 120 days. 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)
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. (25 Pa. Code § 127.12(a)(10))
5. (a) 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 (b) of this condition.
(b) 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)
6. (a) 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 25 Pa. Code §§ 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.
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. (25 Pa. Code § 127.13)
7. (a) 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.
(b) Section 25 Pa. Code 127.12a (relating to compliance review) applies to a request for transfer of a plan approval. A compliance review form shall accompany the request.
(c) 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)
8. (a) 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.
(b) 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.
(c) Nothing in this plan approval condition shall limit the ability of the Environmental Protection Agency (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)
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 thereunder. (25 Pa. Code § 127.13a)
10. (a) 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.
(b) 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 thereunder, except that with prior approval of the Department, the device or technique may be used for control of malodors. (25 Pa. Code §§ 121.9 and 127.216)
11. Reports, test data, monitoring data, notifications shall be submitted to the:
Regional Air Program Manager
Department of Environmental Protection
(At the address given on the plan approval transmittal letter or otherwise notified) (25 Pa. Code § 127.12c)12. (a) 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 (Pub. L. No. 106-40).
(b) 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:
(1) 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 § 68.130; or
(ii) The date on which a regulated substance is first present above a threshold quantity in a process.
(2) 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.
(3) 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.
(c) 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)
Any person wishing to provide the Department with additional information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to the Department at the address shown. A 30-day comment period, from the date of this publication, will exist for the submission of comments. 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. Written comments should be directed to:
* Mark A. Wayner, P. E.
Regional Air Quality Program Manager
Commonwealth of Pennsylvania
Department of Environmental Protection
Southwest Region--Field Operation
400 Waterfront Drive
Pittsburgh, PA 15222-4745For additional information you may contact the following at the same address:
Francis D. Condrick, Jr.
Air Quality Program
(412) 442-522726-00573A--Johnson Matthey Corporation (605 Mountain View Drive, Smithfield, PA 15478) the Department of Environmental Protection (Department) intends to issue a Plan Approval Johnson Matthey Corporation to authorize construction and temporary operation of a facility that will produce catalytic inserts at the Fayette Industrial Park, located at 605 Mountain View Drive, Smithfield, PA 15478, in Smithfield Borough, Fayette County. The application was submitted in accordance with 25 Pa. Code § 12.12 and was received on March 31, 2008.
The proposed facility qualifies as a nonmajor source of air contaminants with a potential-to-emit of:
Pollutant TPY NOx 19.82 VOC 5.53 CO 6.36 SOX .05 PM 3.66 HAPs <5.5 Copies of the application, the Department's analysis and other documents used to evaluate the application are available for public inspection during normal business hours at the address listed.
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15222For the Department to assure compliance with all applicable standards, the Department proposes to place the following conditions in the Plan Approval:
Conditions for Plan Approval PA-26-00573A 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) (35 P. S. § 4003) and 25 Pa. Code § 121.1.
2) The issuance of this plan approval does not prevent the future adoption by the Department of Environmental Protection (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 Pennsylvania 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) and (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 is authorized 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, Subchapters F and 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 listed.
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 120 days. 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. 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)
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. (25 Pa. Code § 127.12(a)(10))
5) (a) 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 (b) of this condition.
(b) 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)
6) (a) 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.
(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.
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 (related to plan approval requirements; prevention of significant deterioration of air quality; and new source review) shall be submitted. (25 Pa. Code § 127.13)
7) (a) 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.
(b) 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.
(c) 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)
8) (a) 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.
(b) The permittee shall also allow the Department to have access at reasonable times to said sources and associated air cleaning devices with 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.
(c) Nothing in this plan approval condition shall limit the ability of the Environmental Protection Agency (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)
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 thereunder. (25 Pa. Code § 127.13a)
10) (a) 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.
(b) 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 thereunder, except that with prior approval of the Department, the device or technique may be used for control of malodors. (25 Pa. Code §§ 121.9 and 127.216)
11) Reports, test data, monitoring data, notifications shall be submitted to the:
Regional Air Program Manager
Department of Environmental Protection
(At the address given on the plan approval transmittal letter or otherwise notified) (25 Pa. Code § 127.12c)12) (a) 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 (Pub. L. No. 106-40).
(b) 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 Environmental Protection Agency according to the following schedule and requirements:
(1) 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.
(2) 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.
(3) 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.
(c) 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 such 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)
13) A person may not cause or permit the operation of a source subject to 25 Pa. Code § 127.11 (relating to plan approval requirements), unless the source and air cleaning devices identified in the application for the plan approval and the plan approval issued to the source, are operated and maintained in accordance with specifications in the application and conditions in the plan approval issued by the Department. A person may not cause or permit the operation of an air contamination source subject to this chapter in a manner inconsistent with good operating practices.
14) This Plan Approval authorizes the construction and temporary operation of a catalytic insert production facility, consisting of: two natural gas-fired dryers, a natural gas-fired curing oven, bulk material storage, mixing tanks, a diesel generator, small miscellaneous combustion sources, and air cleaning devices for PM, VOC and NOx control, to be located in Smithfield Borough, Fayette County. (25 Pa. Code §§ 127.12 and 127.25).
15) (a) No person may permit the emission into the outdoor atmosphere of fugitive air contaminant from a source other than the following:
(1) Construction or demolition of buildings or structures.
(2) Grading, paving and maintenance of roads and streets.
(3) Use of roads and streets. Emissions from material in or on trucks, railroad cars and other vehicular equipment are not considered as emissions from use of roads and streets.
(4) Clearing of land.
(5) Stockpiling of materials.
(6) Open burning operations.
(7) Blasting in open pit mines. Emissions from drilling are not considered as emissions from blasting.
(8) Coke oven batteries, provided the fugitive air contaminants emitted from any coke oven battery comply with the standards for visible fugitive emissions in 25 Pa. Code §§ 123.44 and 129.15 (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery; and coke pushing operations).
(9) Sources and classes of sources other than those identified in paragraphs (1)--(8), for which the operator has obtained a determination from the Department that fugitive emissions from the source, after appropriate control, meet the following requirements:
(i) the emissions are of minor significance with respect to causing air pollution; and
(ii) the emissions are not preventing or interfering with the attainment or maintenance of any ambient air quality standard.
(b) An application form for requesting a determination under either subsection (a)(9) or 25 Pa. Code § 129.15(c) is available from the Department. In reviewing these applications, the Department may require the applicant to supply information including, but not limited to, a description of proposed control measures, characteristics of emissions, quantity of emissions and ambient air quality data and analysis showing the impact of the source on ambient air quality. The applicant shall be required to demonstrate that the requirements of subsections (a)(9) and (c) and 25 Pa. Code § 123.2 (relating to fugitive PM) or of the requirements of 25 Pa. Code § 129.15(c) have been satisfied. Upon the demonstration, the Department will issue a determination, in writing, either as an operating permit condition, for those sources subject to permit requirements under the act, or as an order containing appropriate conditions and limitations. (25 Pa. Code § 123.1)
16) A person may not permit fugitive PM to be emitted into the outdoor atmosphere from a source specified in 25 Pa. Code § 123.1(a)(1)--(9) (relating to prohibition of certain fugitive emissions) if such emissions are visible at the point the emissions pass outside the person's property.
17) Upon determination by the Owner/Operator that the sources covered by this Plan Approval are in compliance with all conditions, the Owner/Operator shall contact the Department's reviewing engineer and schedule the Initial Operating Permit Inspection. (25 Pa. Code § 127.12b)
18) 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. (25 Pa. Code § 127.31)
19) (a) This section applies to sources except those subject to other provisions of this article, with respect to the control of sulfur compound emissions.
(b) No person may permit the emission into the outdoor atmosphere of SOx from a source in a manner that the concentration of the SOx, expressed as SO2, in the effluent gas exceeds 500 parts per million, by volume, dry basis.
20) Stack testing shall be conducted on the Dryer No. 1 and Dryer No. 2 exhaust to determine the emission rate of NOx within 180 days of initial operation. (25 Pa. Code §§ 123.45 and 139.11)
a) Stack testing shall be conducted in accordance with the provisions of 25 Pa. Code Chapter 139 and the Department's Source Testing Manual.
b) At least 30 days prior to the test, the owner/operator shall submit to the Department two copies of the procedures for the stack test and drawings with dimensions indicating the location of sampling ports and other data to ensure the collection of representative samples.
c) At least 15 days prior to the test, the Regional Air Quality Manager shall be informed of the date and time of the test.
d) All relevant operating parameters (such as, boiler steam flow, air flow, gross megawatts, O2; CEMS heat input and stack flue gas volumetric flow rate) shall be recorded at appropriate intervals throughout the duration of the stack tests. Operating data recorded shall be sufficient to establish that the units and the air cleaning devices, including the SBS, are operating at normal operating conditions. A summary of the recorded operating parameters and values shall be included in the test report.
e) Within 60 days after the stack test, two copies of the complete test report, including all recorded operating parameters, shall be submitted to the Regional Air Quality Manager for approval.
21) A person may not permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity is either of the following:
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. (25 Pa. Code § 127.41)
22) The limitations of 25 Pa. Code § 123.41 (relating to limitations) shall not apply to a visible emission in any of the following instances:
(1) When the presence of uncombined water is the only reason for failure of the emission to meet the limitations.
(2) When the emission results from the operation of equipment used solely to train and test persons in observing the opacity of visible emissions.
(3) When the emission results from sources specified in 25 Pa. Code § 123.1(a)(1)--(9) (relating to prohibition of certain fugitive emissions).
(4) When arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation. (25 Pa. Code § 127.42)
23) Visible emissions may be measured using either of the following:
(1) A device approved by the Department and maintained to provide accurate opacity measurements.
(2) Observers, trained and qualified to measure plume opacity with the naked eye or with the aid of any devices approved by the Department.
24) The permittee shall maintain a logbook for recording instances of visible emissions, fugitive visible emissions and malodorous air emissions along with the name of the company representative monitoring these instances, the date and time of each occurrence and the wind direction during each instance. These records shall be retained for a minimum of 5 years and shall be made available to the Department upon request.
25) Compliance with mass emission limits established in this Plan Approval may be demonstrated using engineering calculations based on fuel and raw material purchase records, manufacturers specifications, AP-42 emission factors, laboratory analyses, source test results, operating records, material balance methods and/or other applicable methods with written Departmental approval.
26) The owner/operator shall conduct a weekly inspection around the facility during daylight hours to detect visible emissions, fugitive visible emissions and malodorous air emissions. Weekly inspections are necessary to determine:
(1) The presence of visible emissions.
(2) The presence of fugitive visible emissions beyond the plant property boundaries.
(3) The presence of malodors beyond the facility's property boundaries.
27) The owner/operator shall keep monthly records of operational hours and fuel usage for each source at this facility. These records shall be used to calculate criteria pollutant emissions at this facility, and shall be used to determine compliance with annual emission limitations. The records and calculations shall be kept onsite for a period of 5 years and be made available to the Department upon request.
28) Source owners or operators shall maintain and make available upon request by the Department records including computerized records that may be necessary to comply with 25 Pa. Code §§ 135.3 and 135.21 (relating to reporting; and emission statements). These may include records of production, fuel usage, maintenance of production or pollution control equipment or other information determined by the Department to be necessary for identification and quantification of potential and actual air contaminant emissions. If direct recordkeeping is not possible or practical, sufficient records shall be kept to provide the needed information by indirect means.
29) (a) A person who owns or operates a source to which this chapter applies, and who has previously been advised by the Department to submit a source report, shall submit by March 1 of each year a source report for the preceding calendar year. The report shall include information for all previously reported sources, new sources which were first operated during the proceeding calendar year and sources modified during the same period which were not previously reported.
(b) A person who receives initial notification by the Department that a source report is necessary shall submit an initial source report within 60 days after receiving the notification or by March 1 of the year following the year for which the report is required, whichever is later.
(c) A source owner or operator may request an extension of time from the Department for the filing of a source report, and the Department may grant the extension for reasonable cause.
30) (a) The owner/operator shall notify the Department of any malfunction that occurs at this facility. As defined in 40 CFR 60.2 and incorporated by reference in 25 Pa. Code Chapter 122, a malfunction means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
(b) When the malfunction poses an imminent and substantial danger to the public health and safety or potential harm to the environment, the notification shall be determined to the Department no later than 1 hour after the incident.
(c) Unless otherwise required by specific reporting requirements, any malfunction that is not subject to the notice requirements of subsection (b) of this permit condition shall be reported to the Department within 24 hours (or the next business day) of discovery of the malfunction.
(1) The permittee shall notify the Regional Air Program Manager within 4 hours (or the next business day) of becoming aware of the occurrence of excess emissions which last for more than 4 hours and which result from a malfunction, a breakdown of process or control equipment or any abnormal condition.
The notice shall describe the:
(i) name and location of the facility;
(ii) nature and cause of the malfunction breakdown;
(iii) time and when the malfunction or breakdown was first observed;
(iv) expected duration of excess emissions; and
(v) estimated rate of emissions.
(2) The permittee shall notify the Department immediately when corrective measures have been accomplished.
(3) Subsequent to the malfunction, the permittee shall submit a full report on the malfunction to the Department within 15 days, if requested.
(4) The permittee shall submit reports on the operation and maintenance of the source to the Regional Air Program Manager at such intervals and in such for and detail as may be required by the Department. Information required in the reports may include, but is not limited to, process weight rates, firing rates, hours of operation, and maintenance schedules.
31) (a) Air basins. No person may permit the open burning of material in an air basin.
(b) Outside of air basins. No person may permit the open burning of material in an area outside of air basins in a manner that:
(1) The emissions are visible, at any time, at the point such emissions pass outside the property of the person on whose land the open burning is being conducted.
(2) Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open burning is being conducted.
(3) The emissions interfere with the reasonable enjoyment of life or property.
(4) The emissions cause damage to vegetation or property.
(5) The emissions are or may be deleterious to human or animal health.
(c) Exceptions: The requirements of subsections (a) and (b) do not apply where the open burning operations result from:
(1) A fire set to prevent or abate a fire hazard, when approved by the Department and set by or under the supervision of a public officer.
(2) A fire set for the purpose of instructing personnel in fire fighting, when approved by the Department.
(3) A fire set for the prevention and control of disease or pests, when approved by the Department.
(4) A fire set in conjunction with the production of agricultural commodities in their unmanufactured state on t the premises of the farm operation.
(5) A fire set for the purpose of burning domestic refuse, when the fire is on the premises of a structure occupied solely as a dwelling by two families or less and when the refuse results from the normal occupancy of such structure.
(6) A fire set solely for recreational or ceremonial purposes.
(7) A fire set solely for cooking food.
(d) Clearing and grubbing wastes. The following is applicable to clearing and grubbing wastes:
(1) As used in this subsection the following terms shall have the following meanings:
Air curtain destructor--A mechanical device which forcefully projects a curtain of air across a pit in which open burning is being conducted so that combustion efficiency is increased and smoke and other particulate matter are contained.
Clearing and grubbing wastes--Trees, shrubs and other native vegetation which are cleared from land during or prior to the process of construction. The term does not include demolition wastes and dirt laden roots.
(2) Subsection (a) notwithstanding, clearing and grubbing wastes may be burned in a basin subject to the following requirements:
(i) Air curtain destructors shall be used when burning clearing and grubbing wastes.
(ii) Each proposed use of air curtain destructors shall be reviewed and approved by the Department in writing with respect to equipment arrangement, design and existing environmental conditions prior to commencement of burning. Proposals approved under this subparagraph need not obtain plan approval or operating permits under 25 Pa. Code Chapter 127 (relating to construction modification, reactivation and operation of sources).
(iii) Approval for use of an air curtain destructor at one site may be granted for a specified period not to exceed 3 months, but may be extended for additional limited periods upon further approval by the Department.
(iv) The Department reserves the right to rescind approval granted if a determination by the Department indicates that an air pollution problem exists.
(3) Subsection (b) notwithstanding clearing and grubbing wastes may be burned outside of an air basin, subject to the following limitations:
(i) Upon receipt of a complaint or determination by the Department that an air pollution problem exists, the Department may order that the open burning cease or comply with subsection (b) of this section.
(ii) Authorization for open burning under this paragraph does not apply to clearing and grubbing wastes transported from an air basin for disposal outside of an air basin.
(4) During an air pollution episode, open burning is limited by 25 Pa. Code Chapter 137 (relating to air pollution episodes) and shall cease as specified in such chapter.
Any person wishing to provide the Department with additional information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to the Department of Environmental Protection at the address shown as follows. A 30-day comment period, from the date of this publication, will exist for the submission of comments. 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.
A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the information received. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in this newspaper or by the Pennsylvania Bulletin, or by telephone, when the Department determines such notification by telephone is sufficient. Written comments or requests for a public hearing should be directed to:
Regional Air Quality Program Manager
Commonwealth of Pennsylvania
Department of Environmental Protection
Southwest Region--Field Operation
400 Waterfront Drive
Pittsburgh, PA 15222-4745Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
16-152A: Pengrove Building Systems, Inc. (One Mauro Avenue, Knox, PA 16232) for installation of two spray paint booths in their facility in Knox Borough, Clarion County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department of Environmental Protection intends to issue a plan approval to install two spray paint booths located in their facility in Knox Borough, Clarion County. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the State-only operating permit through an administrative amendment at a later date.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.
AMS 05152: SEPTA-Berridge and Courtland Shops (200--300 West Wyoming Avenue, Philadelphia, PA 19140) for installation of two 10.043 mmBtu/hr boilers with low NOx burners, two 5.021 mmBtu/hr boilers, and one 200-kilowatt emergency generator firing No. 2 fuel oil in the City of Philadelphia, Philadelphia County. All four boilers can burn No. 2 fuel oil or natural gas. There will be a potential annual emission increase of 16.6 tons of NOx and 27.2 tons of SOx for the facility. The plan approval will contain operating, monitoring, testing and recordkeeping requirements to ensure operation within all applicable requirements.
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