[38 Pa.B. 5453]
[Saturday, October 4, 2008]
[Continued from previous Web Page]
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 remediation 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.
Bealer Property, Upper Pottsgrove Township, Montgomery County. Richard D. Trimpi, Trimpi Associates, Inc., 1635 Old Plains Road, Pennsburg, PA 18073 on behalf of Robert and Hanna Bealer, 1930 Coventryville Road, Pottstown, PA 19465 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by the release of lead. The site is presently vacant and is proposed for residential development. A summary of the Notice of Intent to Remediate was reported to have been published in The Mercury on August 27, 2008.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Former Mobil York Terminal/Goodling Bulk Plant, North York Borough, York County. Groundwater & Environmental Services, Inc., 440 Creamery Way, Suite 500, Exton, PA 19341, on behalf of ExxonMobil Oil Corporation, Room CCM 09E, 1545 Route 22 East, Annandale, NJ 08801 and Rotz Development, LLC, 907 Roosevelt Avenue, York, PA 17404, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with petroleum hydrocarbons. The site, which will be remediated to a combination of Statewide Health and Site-Specific Standards, will continue to be used as an office and mental health facility.
Former SKF USA Inc. Facility, City of Altoona, Blair County. Environmental Standards, 1140 Valley Forge Road, Valley Forge, PA 19482 on behalf of C. William McGlocklin, SKF USA, Inc., 1111 Adams Avenue, Norristown, PA 19403 and Maurice Lawruk, Sr., 800 Logan Boulevard, LP, P. O. Box 2566, Altoona, PA 16603, submitted a Notice of Intent to Remediate separate phase liquid (lubricating oil) on groundwater released during historic manufacturing processes. The site will be remediated to the Statewide Health Standard and will continue to be used for commercial use.
York Northwest Triangle, City of York, York County. ARM Group, Inc., P. O. Box 797, Hershey, PA 17033-0797, on behalf of City of York Redevelopment Authority, 49 East Market Street, York, PA 17401, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with heavy metals and petroleum. The site, which will be developed for residential, commercial and light industrial uses, will be remediated to a combination of the Statewide Health and Site-Specific Standards.
Betty Miller Residence, Millersburg Borough, Dauphin County. Chambers Environmental Group, Inc., 629 East Rolling Ridge Drive, Bellefonte, PA 16823, on behalf of Betty Miller, 279 Center Street, Millersburg, PA 17061, submitted a Notice of Intent to Remediate site soils contaminated with No. 2 fuel oil. This residential site will be remediated to a Statewide Health Standard.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Freemont Contract Carriers I-80 MM 212 Accident, Turbot Township, Northumberland County. Northridge Group, Inc., 1172 Ridge Road, Northumberland, PA 17837 on behalf of Freemont Contract Carriers, Inc., 865 Bud Boulevard, Freemont, NE 68025 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.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
GAF Materials Corp., City of Erie, Erie County. O'Brien & Gere, 512 East Township Line Road, Two Valley Square, Suite 120, Blue Bell, PA 19422 on behalf of GAF Materials Corporation, 1361 Alps Road, Wayne, NJ 07470 has submitted a Notice of Intent to Remediate. GAF Materials Corporation operated an approximate 11.7 acre site for the manufacture of asphalt roofing shingles. The primary regulated substances identified in soil are anthracene, benzo[a]anthracene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[g,h,i]perylene, carbazole, chrysene, 4-methylphenol (p-cresol), naphthalene, 1,3,5-trimethylbenzene and benzene. The primary regulated substances identified in groundwater are benzo- [a]anthracene, benzo[a]pyrene, benzo[g,h,i]perylene, 2,4-dichlorophenol, hexachlorobenzene, 4-methylphenol (p-cresol), naphthalene and benzene. Future use of the site is anticipated to be for nonresidential use.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Application Received 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 Regulations to Operate Solid Waste Processing or Disposal Area or Site.
Southeast Region: Regional Solid Waste Manager, 2 East Main Street, Norristown, PA 19401.
Permit Application No. 101432. Norristown Transfer Station, 310 Washington Street, Norristown, PA 19404, Norristown Borough, Montgomery County. This minor permit modification application is for developing a single stream recycling transfer point and an E-Depot at the facility. The application was received by the Southeast Regional Office on September 19, 2008.
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.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
61-185F: Heath Oil Co. (SR 8, Barkeyville, PA 16038) for combustion of No. 5 fuel oil, in the heaters for Source 105 in Barkeyville Borough, Venango County. This is a State-only facility.
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.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Sachin Shankar, New Source Review Chief, (484) 250-5920.
46-0151: PPL Interstate Energy Co. (214 Shoemaker Road, Pottstown, PA 19464) for reactivation of a direct fire Residual Fuel Heater to raise the temperature of heavy oil in a pipeline to maintain it in a fluid state as it is transferred from the pumping station in Salford Township, Montgomery County. As a result of potential emissions of NOx, the facility is a State-only facility. The Plan Approval and Operating Permit will contain recordkeeping requirements and operating restrictions designed to keep the facility operating within all applicable air quality requirements.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.
48-399-058: Crayola, LLC (1100 Church Lane, P. O. Box 431, Easton, PA 18044-0431) for modification to their four existing south side crayon molding fabric collectors to exhaust outside at their facility in Forks Township, Northampton County. The facility is a non-Title V (State-only) facility and has been issued the State-only Operating Permit No. 48-00033. The PM emissions from each fabric collector will be less than the BAT standard of 0.02 grain/dscft. The Plan Approval and Operating Permit will include emission restrictions, monitoring, reporting, recordkeeping and work practice requirements designed to keep the sources operating within all applicable air quality requirements. 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.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.
06-05024C: Reliant Energy Mid-Atlantic Power Holdings, LLC (121 Champion Way, Canonsburg, PA 15317) for installation of two test control devices on the three main boilers at the Titus Generating Station in Cumru Township, Berks County. The installation includes two adsorbent (trona and activated carbon) injection systems on each boiler for the control of sulfur trioxide and mercury. Each system will include a storage silo and various pneumatic conveying lines. The boilers are subject to the Department of Environmental Protection's (Department) mercury reduction regulations that become effective January 1, 2010. The plan approval will include monitoring, recordkeeping, work practices and reporting requirements designed to keep the source operating within all applicable air quality requirements. The station is presently covered by the Title V operating permit No. 06-05024. The parts of the plan approval, which Reliant and the Department determine are required to achieve the mercury reductions required by Chapter 123, will be incorporated into this permit in accordance with 25 Pa. Code § 127.450 (Administrative Amendment).
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
26-00402: Veolia ES Chestnut Valley Landfill, Inc. (Route No. 1, P. O. Box 266, McClellandtown, PA 15458) for expansion of their existing municipal solid waste landfill in German Township, Fayette County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, the Department of Environmental Protection (Department) intends to issue a Plan Approval to allow the expansion of an existing municipal solid waste landfill in German Township, Fayette County.
Emissions from the facility are estimated to be 21.6 tons NOx per year, 72.1 tons CO per year and 30.9 tons VOCs per year. The proposed facility is subject to the applicable requirements of 25 Pa. Code Chapter 127, related to construction, modification, reactivation and operation of sources, 40 CFR 60, Subpart WWW--Standards of Performance for Municipal Solid Waste Landfills, and 40 CFR 63, Subpart AAAA--National Emission Standards for HAPs: Municipal Solid Waste Landfills. The Department believes that the facility will meet these requirements by complying with the following Plan Approval conditions:
1. This Plan Approval authorizes an increase in the overall waste disposal design capacity, rearrangement of the usage of the existing enclosed and candle flares, installation of a heat exchanger on the exhaust from one of the candle flares, installation of a crusher with a diesel engine, and the installation of an emergency generator at the Veolia ES Chestnut Valley Landfill, Inc. municipal solid waste landfill facility located in German Township, Fayette County. (25 Pa. Code § 127.12b)
2. The amended design capacity of this facility is established at 4.6 million tons of municipal solid waste. This includes the waste deposited in the existing disposal areas, and the anticipated capacity of the proposed expansion area. Any increase in the design capacity above this level is subject to permitting by both Air Quality (AQ) and the Bureau of Waste Management (BWM). (25 Pa. Code § 127.12b)
3. In accordance with 40 CFR 60.752(b), this entire facility is subject to the applicable requirements of 40 CFR 60, Subpart WWW--Standards of Performance for Municipal Solid Waste Landfills.
4. In accordance with 40 CFR 63.1935(a)(3), this landfill is also subject to the applicable requirements of 40 CFR 63, Subpart AAAA--National Emission Standards for HAPs: Municipal Solid Waste Landfills. This subpart requires owner/operator to meet the startup, shutdown, and malfunction (SSM) requirements of the general provisions of this part and provides that compliance with the operating conditions shall be demonstrated by parameter monitoring results that are within the specified ranges. It also includes additional reporting requirements.
5. The landfill gas collection system consists of various vertical and horizontal collectors and gas extraction wells connected by a manifold system. All landfill gas shall be routed to the existing enclosed flare, rated at a nominal 2,400 CFM. Flare capacity shall be sufficient to handle the maximum expected gas flow rate. When flow rate to the existing enclosed flare reaches 80% of its design capacity, owner/operator shall make application to install an additional flare capacity. (Pa. Code 25 § 127.12b)
6. In accordance with 40 CFR 752(b)(2)(iii)(B), the enclosed flare shall be operated to either reduce NMOC emissions by 98 weight-percent, or reduce the outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at 3% oxygen.
7. The enclosed flare shall maintain a minimum operating temperature of 1,500° F, or the temperature at which the required destruction efficiency was demonstrated. A residence time at the required temperature must be maintained for at least 0.3 seconds. (25 Pa. Code § 127.12b)
8. The enclosed flare shall be operated with a flame present at all times. The flare shall be equipped with an automatic shutoff mechanism designed to immediately stop the flow of gases when a flameout occurs. During restart or startup, there shall be sufficient flow of auxiliary fuel to the burner such that unburned landfill gases are not emitted to the atmosphere. (25 Pa. Code § 127.12b)
9. The enclosed flare shall operate with no visible flame. (25 Pa. Code § 127.12b)
10. The enclosed flare shall be operated with no visible emissions except for periods not to exceed a total of 5 minutes during any 2-consecutive hours. (25 Pa. Code § 127.12b and 40 CFR 60.18(c)(1))
11. The owner/operator shall not permit the emission to the outdoor atmosphere from any source of any odorous air contaminants determined to be objectionable by the Department in such a manner that such odorous air contaminants are detectable outside the property on which the source is being operated. (25 Pa. Code § 127.12b)
12. The owner/operator shall comply with the fugitive emission standards adopted established at 25 Pa. Code §§ 123.1 and 123.2. There shall be no fugitive emissions except those that arise from the use of roads and stockpiling of materials. Reasonable actions shall be taken to prevent PM from aforementioned activities from becoming airborne. In no case shall fugitive emissions from the aforementioned activities cross the property line.
13. Performance Testing
(a) Stack testing shall be performed once every 5 years.
(b) All performance tests shall be conducted in accordance with the Department's source testing procedures described in the latest Source Testing Manual referenced in 25 Pa Code § 139.4(5) and 40 CFR 60.754(d).
(c) Owner/operator shall test the landfill gas heat value, the inlet NMOC and the outlet NOx, CO and NMOC flow rates of the enclosed flare according to the schedule, to demonstrate compliance with the destruction efficiency and emission limits established herein. (25 Pa. Code § 127.12b)
(d) At least 60 days prior to the test, owner/operator shall submit to the Department two copies of the pre-test protocol. Drawings with dimensions indicating the location of sampling ports and other data to ensure the collection of representative samples shall be included.
(e) Owner/operator shall notify the Department of the date and the time of the stack test at least 2 weeks prior to the tests so that an observer may be present.
(f) Two copies of the performance test report shall be submitted to the Department within 60 days of testing of the enclosed flare.
(g) Owner/operator shall record all pertinent operating data during the stack test and include this data with the stack test results. Operating data shall include, but may not be limited to: enclosed flare operating temperature and flow rate of landfill gas to the enclosed flare.
14. The landfill gas collection and control system shall be operated in accordance with 40 CFR 60.753.
(a) Gas shall be extracted from each area, cell or group of cells in which solid waste has been in place for:
(i) 5 years or more if active; or
(ii) 2 years or more if closed or at final grade.
(b) The landfill gas collection system shall be operated with a negative pressure at each wellhead except under the following conditions:
(i) When a fire or increased well temperature is detected. The owner/operator shall record instances when positive pressure occurs in efforts to avoid fire.
(ii) When the collection or control systems are experiencing down times due to routine maintenance. Routine equipment maintenance includes gas collection header repairs, wellhead and valve repairs, replacement or modifications, and other similar activities.
(iii) When negative pressure has the potential to induce excess air infiltration.
(c) Gas temperature in each interior wellhead shall be less than 55° C, and shall have either a nitrogen level less than 20% or an O2 level less than 5%. When approved by the Department, the owner/operator may establish a higher operating temperature, nitrogen or O2 value at a particular well after demonstrating that the elevated parameter does not increase emissions, cause fires or significantly inhibit anaerobic decomposition by killing methanogens.
(i) The nitrogen level shall be determined by using US Environmental Protection Agency (EPA) Method 3C.
(ii) The O2 content shall be determined using an oxygen meter per EPA Method 3A or 3C.
(d) The landfill gas collection system shall be operated with a methane leakage concentration of less than 500 ppm at any exposed piping, at all points around the perimeter of the collection area and along a serpentine pattern spaced 30 meters apart across the collection area in the closed capped areas of the landfill. The monitoring shall be conducted in accordance with a topographical map that shows proposed testing route. Methane leakage testing shall be done in accordance with EPA Method 21 found in Appendix A of 40 CFR 60.
(e) The owner/operator may add additional wells and piping as necessary to meet operational requirements. Owner/operator shall inform both BWM and AQ by letter at least 15 days ahead of time of their intentions. As-built drawings shall be submitted within 60 days of installation of new wells. (25 Pa. Code § 127.12b)
15. Monitoring
(a) Owner/operator shall monitor in accordance with 40 CFR 60.756.
(i) Owner/operator shall install, calibrate, maintain and operate a temperature monitoring device to monitor the operating temperature of the enclosed flare. Device shall be equipped with a continuous recorder. Device shall have an accuracy of +/-1% of the temperature being measured, expressed in degrees Celsius or +/- 0.5° C, whichever is greater.
(ii) Owner/operator shall either: install, calibrate, maintain and operate a gas flow rate measuring device that shall record the flow of landfill gas to the enclosed flare at least every 15 minutes; or secure any flare bypass line in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once a month to ensure that the valve is maintained in the closed position and that the gas flow is not being diverted through any bypass line.
(iii) The owner/operator shall measure gauge pressure at each wellhead on a monthly basis. If a positive pressure exists, action shall be initiated to correct this condition within 5 calendar days.
(iv) To check for air infiltration into the landfill, the owner/operator shall monitor each well monthly for temperature and nitrogen or O2 concentration.
(v) On a quarterly basis, the owner/operator shall monitor surface methane concentration using the procedures given in 40 CFR 60.755(c) and EPA Method 21 found in Appendix A of 40 CFR 60.
(vi) Monitoring and measuring devices shall be calibrated, maintained and operated according to the manufacturer's specifications. The owner/operator shall also comply with the provisions of 40 CFR 60.756(b), (c) or (d).
(b) Owner/operator shall evaluate the condition of the facility daily (when operating) to verify compliance with the fugitive emission, visible emission, and objectionable odor provisions of this approval. If problems are observed, permittee shall take immediate action to bring facility back into compliance. (25 Pa. Code § 127.12b)
16. Recordkeeping
(a) Owner/operator shall comply with the recordkeeping provisions of 40 CFR 60.758.
(i) The owner/operator shall keep onsite records of the maximum design capacity, the current amount of solid waste in place, and a year by year waste acceptance rate.
(ii) The owner/operator shall keep daily records of gas flow to the control device, and any parameters that are available to indicate that the control device is operating properly.
(iii) The owner/operator shall keep records of wells in operation and wells out of operation (if any) on a daily basis.
(iv) The owner/operator shall keep records of the installation date and location of all newly installed or replaced collection wells, pipe headers and other collection pipe assemblies.
(v) The owner/operator shall keep documentation of the nature, date of deposition, amount and location of asbestos containing or nondegradable waste excluded from collection as well as any nonlandfill gas producing areas excluded from the landfill gas collection system.
(vi) The owner/operator shall keep records of all monitoring activities performed to meet the requirements of 40 CFR 60, Subpart WWW.
(vii) The owner/operator shall keep records of any exceedances in the collection or control systems as defined in 40 CFR 60, Subpart WWW.
(b) The owner/operator shall keep records of all actions taken to ensure compliance with the fugitive emission, visible emission and objectionable odor provisions of this approval. (25 Pa. Code § 127.12b)
(c) In accordance with 40 CFR 63.1960, owner/operator must develop a written SSM plan according to the provisions in 40 CFR 63.6(e)(3). A copy of the SSM plan must be maintained onsite. Failure to write or maintain a copy of the SSM plan is a deviation from the requirements of 40 CFR 63, Subpart AAAA.
(d) In accordance with 40 CFR 63.1980(b), owner/operator must keep records and reports as specified in the general provisions of 40 CFR part 60 and this part as shown in Table 1 of this subpart. Applicable records in the general provisions include items such as SSM plans and the SSM plan reports.
(e) Records required under this Plan Approval shall be kept for a minimum period of 5 years and be made available to the Department upon request. (25 Pa. Code § 127.12b)
17. Reporting
(a) In accordance with 40 CFR 60.4 and 40 CFR 63.13, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both the EPA and the Department at the addresses shown, unless otherwise noted:
Director, Air, Toxics, and Radiation
Environmental Protection Agency
Region III
1650 Arch Street
Philadelphia, PA 19103Department of Environmental Protection
Regional Air Quality Manager
Office of Air Quality
400 Waterfront Drive
Pittsburgh, PA 15222-4745(b) The owner/operator shall comply with all of the reporting requirements of 40 CFR 60.757, including initial design capacity report, amended design capacity report (when applicable), NMOC emission rate report (when applicable), collection and control system design plan, initial performance test report, annual reports, closure report, and equipment removal reports.
(c) In accordance with 40 CFR 63.1980(a), owner/operator must submit the annual report described in 40 CFR 60.757(f) every 6 months.
(d) 40 CFR 63.10(d)(5) If actions taken during a SSM plan are consistent with the procedures in the SSM plan, this information shall be included in a semi-annual SSM plan report. Any time an action taken during a SSM plan is not consistent with the SSM plan, the source shall report actions taken within 2 working days after commencing such actions, followed by a letter 7 days after the event
(e) The owner/operator shall, on or before March 1st of each year, submit to Department of Environmental Protection--Air Quality an Annual Inventory and Emission Statement for the previous year on forms provided by the Department. (25 Pa. Code § 127.12b)
(f) The owner/operator shall include with the Annual Inventory and Emission Statement a forecast of the total (before controls) NMOC emission generation rate anticipated each year for the next 5 years. Additionally, owner/operator shall calculate the actual NMOC emission rate, taking into account collection efficiencies and total destruction efficiencies achieved through the use of the landfill gas collection and destruction system. Forecast shall describe the current and scheduled collection system configurations for the forecast years, and shall include emissions from the actual waste in place, and the waste scheduled to be collected during the forecast years. (25 Pa. Code § 127.12b)
(i) The owner/operator shall use the value of the methane generation rate constant, k, published at the most recent compilation of air pollution emission factors (AP-42) to calculate NMOC emission rates. Other values of k may be used, provided that the use of an alternate value can be demonstrated through testing or engineering calculations.
(ii) The owner/operator shall use the value of the methane generation potential, Lo, published at the most recent compilation of air pollution emission factors (AP-42) to calculate NMOC emission rates. Other values of Lo may be used, provided that the use of an alternate value can be demonstrated through testing or engineering calculations.
(iii) The NMOC concentration determined during the most recent test shall be used when calculating NMOC emission rates.
18. 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. (25 Pa. Code § 121.1)
19. 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))
20. 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 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, Subchapter F or 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.
21. 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)
22. 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))
23. 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 (a) of this condition.
(a) 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)
24. This plan approval will be valid for a limited time, as specified by the expiration date contained on page 1 of this plan approval.
(a) 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)
25. 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.
(a) 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.
(b) 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)
26. 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.
(a) 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.
(b) Nothing in this plan approval condition shall limit the ability of the 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)
27. 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)
28. 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.
29. 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)
30. 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).
(a) 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:
(i) The permittee shall submit the first RMP to a central point specified by the EPA no later than the latest of the following:
(1) Three years after the date on which a regulated substance is first listed under § 68.130; or,
(2) The date on which a regulated substance is first present above a threshold quantity in a process.
(ii) 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.
(iii) 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.
(iv) 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)
31. A person may not cause or permit the operation of a source subject to § 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.
Those wishing to provide the Department with additional written information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to Barbara Hatch, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. 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.
Comments must be received prior to the close of business 30 days after the date of this publication.
30-00173A (Delta-Energy PA No. 1, 350 Hochberg Road, Monroeville, PA 15146) In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, notice is hereby given that the Department of Environmental Protection (Department) intends to issue a Plan Approval to allow the construction of a tire pyrolysis facility to be located in Cumberland Township, Greene County.
Emissions from the facility are estimated to be 1.34 tons of NOx per year, 13.89 tons of PM per year, 10.16 tons of PM10 per year and 14.24 tons of VOCs per year. The proposed facility is subject to the applicable requirements of 25 Pa. Code Chapter 127, related to construction, modification, reactivation and operation of sources. The Department believes that the facility will meet these requirements by complying with the following Plan Approval conditions:
1. This Plan Approval authorizes Delta-Energy PA No. 1 to construct a 40 ton per day tire depolymerization facility for the production of carbon black and pyrolysis oil to be located in Cumberland Township, Greene County.
2. Sources at this facility will include:
(a) Raw material preparation, equipped with a 5,000 cfm baghouse.
(b) Two pyrolysis reactor trains each consisting of three furnace zones equipped with electrically heated augers. Combined reactor emissions pass through an oil quench vessel, primary and secondary condensers and a vacuum source. Most of the uncondensed gases will be used for process heating in the pellet dryer. The remainder will be combusted in an enclosed flare.
(c) Carbon black plant consisting of a magnetic metal separator, and milling and pelletizing equipment, equipped with a 5,000 cfm baghouse for control of emissions.
(d) Supporting equipment at this site will include a cooling tower and seven 30,000 gallon tanks for the storage of pyrolysis oil, diesel fuel and approximately 23 small (less than 10,000 gallon) storage tanks for various low-vapor pressure liquids such as turbine oils, insulating oils, refrigerants, used oil and demineralized water.
3. Approval granted by the Department will be valid for a limited time, as specified by the Department in the 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.
4. If the construction, modification or installation is not commenced within 18 months of the issuance of the 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 this subchapter and Subchapters D and E (relating to prevention of significant deterioration of air quality; and new source review) shall be submitted. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified.
Restrictions
5. No person may permit the emission into the outdoor atmosphere of fugitive air contaminant from a source other than the following:
(a) Construction or demolition of buildings or structures.
(b) Grading, paving and maintenance of roads and streets.
(c) 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.
(d) Clearing of land.
(e) Stockpiling of materials.
(f) Open burning operations.
(g) Blasting in open pit mines. Emissions from drilling are not considered as emissions from blasting.
(h) Coke oven batteries, provided the fugitive air contaminants emitted from any coke oven battery comply with the standards for visible fugitive emissions in §§ 123.44 and 129.15 (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery; and coke pushing operations).
(i) 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:
(1) The emissions are of minor significance with respect to causing air pollution; and
(2) The emissions are not preventing or interfering with the attainment or maintenance of any ambient air quality standard.
6. All inplant roadways shall be paved and maintained as such. The Owner/Operator shall take all reasonable actions to prevent PM from becoming airborne.
7. No person may permit the emission into the outdoor atmosphere of PM from any process at any time, in such a manner that the concentration of PM in the effluent gas exceeds .02 grain per dry standard cubic foot.
8. No person may 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.
9. 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.
10. No person may 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 facility.
11. No person may permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity of the emission 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.
12. Flare shall be operated to meet a destruction efficiency of at least 98%, or to reduce the outlet concentration to less than 20 parts per million, whichever is greater. (25 Pa. Code § 127.12b)
13. No person may permit the open burning of material in an area outside of air basins in a manner that:
(a) 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.
(b) Malodorous air contaminants from the open burning are detectable outside the property of the person on whose land the open burning is being conducted.
(c) The emissions interfere with the reasonable enjoyment of life or property.
(d) The emissions cause damage to vegetation or property.
(e) The emissions are or may be deleterious to human or animal health.
14. The requirements of 25 Pa. Code § 129.14(a) and (b) do not apply where the open burning operations result from:
(a) 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.
(b) A fire set for the purpose of instructing personnel in fire fighting, when approved by the Department.
(c) A fire set for the prevention and control of disease or pests, when approved by the Department.
(d) Not applicable.
(e) Not applicable.
(f) A fire set solely for recreational or ceremonial purposes.
(g) A fire set solely for cooking food.
(h) Clearing and grubbing wastes. The following is applicable to clearing and grubbing wastes:
(i) 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 PM 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.
Subsection (b) notwithstanding clearing and grubbing wastes may be burned outside of an air basin, subject to the following limitations:
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.
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.
During an air pollution episode, open burning is limited by Chapter 137 (relating to air pollution episodes) and shall cease as specified in such chapter.
Testing
15. Stack testing shall be conducted as follows (25 Pa. Code §§ 127.12b and 139.11):
(a) The enclosed flare outlet VOC and SO2 emission concentrations shall be tested within 180 days of commencement of operation and once during the term of the operating permit thereafter.
(b) Stack testing shall be conducted in accordance with the provisions of 25 Pa. Code Chapter 139 and the Department's Source Testing Manual.
(c) The Owner/Operator shall submit three copies of a pre-test protocol to the Department for review at least 60 days prior to the performance of any stack test. All proposed stack test methods shall be identified in the pretest protocol and approved by the Department prior to testing.
(d) The Owner/Operator shall notify the Regional Air Quality Manager at least 15 days prior to any stack test so that an observer may be present at the time of the test.
(e) All relevant operating parameters shall be recorded at appropriate intervals throughout the duration of stack test. Operating data recorded shall be sufficient to establish that the units and the air cleaning devices are operating at maximum routine operating conditions. A discussion of the recorded operating parameters and values shall be included in the test report.
(f) The Owner/Operator shall submit three copies of the stack test report to the Department within 60 days of the completion of testing.
Monitoring Requirement
16. The Owner/Operator shall perform a Daily Facility-Wide Inspection for the presence of visible stack emissions, fugitive emissions and malodorous emissions. Records of the inspections shall be maintained in a log and include any corrective actions taken.
17. The Owner/Operator shall develop and implement a written Preventative Maintenance Program for all pollution control devices and air contamination sources at the Facility based on the manufacturer's recommendations and good engineering practice.
18. Owner/operator shall install magnahelic pressure gauges to measure pressure drop across fabric filters. Pressure drop shall be observed and recorded daily.
19. Owner/operator shall install temperature gauges at the exhaust gas outlet of the primary and secondary condensers. Temperatures shall be observed and recorded daily.
20. Owner/operator shall install temperature gauge to measure flame temperature. Temperature shall be measured and recorded continuously.
21. Owner/operator shall develop parameters that may be used to ensure that the SO2 limit of 500 ppm never exceeded. Parameters may include sulfur content of tires, operating feed rates and temperatures, and the like. These parameters shall be measured and recorded daily.
22. The owner/operator shall establish and follow leak detection and repair program to minimize fugitive emissions from the storage tanks.
23. The provisions of 25 Pa. Code § 129.57 shall apply to above ground stationary storage tanks with a capacity equal to or greater than 2,000 gallons which contain VOCs with vapor pressure greater than 1.5 psia (10.5 kilopascals) under actual storage conditions. Storage tanks covered under this section shall have pressure relief valves which are maintained in good operating condition and which are set to release at no less than .7 psig (4.8 kilopascals) of pressure or .3 psig (2.1 kilopascals) of vacuum or the highest possible pressure and vacuum in accordance with state or local fire codes or the National Fire Prevention Association guidelines or other national consensus standards acceptable to the Department.
Recordkeeping Requirements
24. All logs and required records shall be maintained onsite for a minimum of 5 years and shall be made available to the Department upon request.
Reporting Requirements
25. This Plan Approval authorizes the temporary operation of the sources covered by this Plan Approval provided the following conditions are met:
(a) 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.
(b) 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, or to permit the evaluation of the source for compliance with all applicable regulations and requirements.
(c) Upon receipt of the written 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.
(d) 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.
(e) Upon completion of 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 submit an application for a State-only Operating Permit to the Department at least 60 days prior to the expiration date of the Plan Approval.
(f) 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 limited periods, each not to exceed 120-days, by submitting an extension request as described previously.
26. The Owner/Operator shall submit an annual facility-wide emissions report (AIMS Report) to the Department by March 1 of each year for the previous calendar year.
Additional requirements
27. Upon completion of the construction of the facility, company must submit an Operating Permit application, or request that the existing Operating Permit be updated to include the new equipment and the new requirements. Notify the Department when the installation is completed so that the facility can be inspected for issuance/revision of an operating permit.
28. 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. (25 Pa. Code § 121.1)
29. 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))
30. 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)
31. 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))
32. 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 (a) of this condition.
(a) 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)
33. This plan approval will be valid for a limited time, as specified by the expiration date contained on page 1 of this plan approval.
(a) 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.
(c) 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.
(d) 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)
34. 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.
35. 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.
36. 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)
37. 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.
38. 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.
39. 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)
40. 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)
41. 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.
42. 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)
43. Reports, test data, monitoring data, notifications shall be submitted to the:
(a) 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)44. 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).
(a) 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:
(b) 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.
(c) 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.
(d) 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.
(e) 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)
Those who wish to provide the Department with written information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to Noor Un-Nahar, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. 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.
Comments must be received prior to the close of business 30 days after the date of this publication.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
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