[39 Pa.B. 1877]
[Saturday, April 11, 2009]
[Continued from previous Web Page]
STATE CONSERVATION COMMISSION
NUTRIENT MANAGEMENT PLANS RELATED TO APPLICATIONS FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS FOR CONCENTRATED ANIMAL FEEDING OPERATIONS (CAFO) This notice provides information about agricultural operations that have submitted nutrient management plans (NMPs) for approval under the act of July 6, 2005 (Act 38 of 2005, 3 Pa.C.S. §§ 501--522) (hereinafter referred to as Act 38), and that have or anticipate submitting applications for new, amended or renewed NPDES permits, or Notices of Intent (NOIs) for coverage under a general permit, for CAFOs, under 25 Pa. Code Chapter 92. This notice is provided in accordance with 25 Pa. Code Chapter 92 and 40 CFR Part 122, implementing The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the Federal Clean Water Act.
Based upon preliminary reviews, the State Conservation Commission (SCC), or County Conservation Districts (CCD) working under a delegation agreement with the SCC, have completed an administrative review of NMPs described. These NMPs are published as proposed plans for comment prior to taking final actions. The NMPs are available for review at the CCD office for the county where the agricultural operation is located. A list of CCD office locations is available at www.pacd.org/districts/directory.htm or can be obtained from the SCC at the office address listed or by calling (717) 787-8821.
Persons wishing to comment on an NMP are invited to submit a statement outlining their comments on the plan to the CCD, with a copy to the SCC for each NMP, within 30 days from the date of this public notice. Comments received within the respective comment periods will be considered in the final determinations regarding the NMPs. Comments should include the name, address and telephone number of the writer and a concise statement to inform the SCC of the exact basis of the comments and the relevant facts upon which they are based.
The address for the SCC is Agriculture Building, Room 407, 2301 North Cameron Street, Harrisburg, PA 17110.
Persons with a disability who require an auxiliary aid, service, including TDD users or other accommodations to seek additional information should contact the SCC through the Pennsylvania AT&T Relay Service at (800) 654-5984.
NUTRIENT MANAGEMENT PLAN--PUBLIC NOTICE SPREADSHEET--APPLICATIONS
Agricultural Operation
Name and AddressCounty Total
AcresAnimal Equivalent Units Animal
TypeSpecial Protection Waters (HQ or EV or NA) Renewal/New Eric Risser
Meadow Vista Dairy, LLC
166 Risser Road
Bainbridge, PA 17502Lancaster 847.7 1,296.5 Dairy NA Renewal Jeffrey Werner
897 North Lancaster Street
Jonestown, PA 17038Lebanon 476.5 489.6 Turkeys NA Renewal Elvin Nolt
11 Seth Erb Road
Richland, PA 17087Lebanon 8.0 707 Swine NA Renewal
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 determinations 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
Central Office: Bureau Director, Water Standards and Facility Regulation, P. O. Box 8467, Harrisburg, PA 17105-8467.
Permit No. 9996562, Public Water Supply.
Applicant Arctic Spring Bottlers, Inc. Township or Borough Lindenhurst, NY Responsible Official Daryl Holzman, Vice President Type of Facility Out-of-State Bottled Water System Application Received Date March 24, 2009 Description of Action Applicant requesting the Department of Environmental Protection approval to sell bottled water in Pennsylvania under the brand name: Member's Mark Purified Drinking Water. Permit No. 9996563, Public Water Supply.
Applicant CG Roxane, LLC Township or Borough Norman, AR Responsible Official George Castaneda
Corporate Quality Assurance Manager
Type of Facility Out-of-State Bottled Water System Application Received Date March 25, 2009 Description of Action Applicant requesting the Department of Environmental Protection approval to sell bottled water in Pennsylvania under the brand name: Crystal Geyser Natural Alpine Spring Water. Northeast Region: Water Supply Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Application No. 4009509, Public Water Supply.
Applicant United Water Pennsylvania, Inc.
Dallas Water SystemDallas Township
Luzerne CountyResponsible Official John Hollenbach
United Water Pennsylvania, Inc.
4211 East Park Drive
Harrisburg, PA 17111Type of Facility Public Water System Consulting Engineer Arthur Saunders, P. E. Application Received Date March 6, 2009 Description of Action The addition of caustic soda for pH adjustment at the country club well. Application No. 4009510, Public Water Supply.
Applicant United Water Pennsylvania, Inc.
Dallas Water SystemDallas Township
Luzerne CountyResponsible Official John Hollenbach
United Water Pennsylvania, Inc.
4211 East Park Drive
Harrisburg, PA 17111Type of Facility Public Water System Consulting Engineer Arthur Saunders, P. E. Application Received Date March 6, 2009 Description of Action The addition of caustic soda for pH adjustment at the country club well. Southcentral Region: Water Supply Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Permit No. 2808509, Public Water Supply.
Applicant Franklin County General Authority Municipality Greene Township County Franklin Responsible Official John M. VanHorn, P. G.
Executive Director
5540 Coffey Avenue
Chambersburg, PA 17201Type of Facility Public Water Supply Consulting Engineer Yves E. Pollart BCEE, P. E.
Rettew Associates, Inc.
2500 Gettysburg Road
Camp Hill, PA 17011Application Received October 7, 2008 Description of Action Settling Basin and Filter Upgrades Permit No. 0608515, Public Water Supply.
Applicant Reading Area Water Authority Municipality Ontelaunee Township County Berks Responsible Official Dean Miller
Executive Director
815 Washington Street
Reading, PA 19601Type of Facility Public Water Supply Consulting Engineer Max C. Kurbjun Jr., P. E.
BCM Engineers
920 Germantown Pike
Plymouth Meeting, PA 19462Application Received October 28, 2008 Description of Action Addition of more alum storage facilities and transfer pumps to transfer alum from new storage to existing day tanks with in the existing treatment building. Permit No. 3109501, Public Water Supply.
Applicant Huntingdon Borough Water Department Municipality Huntingdon Borough County Huntingdon Responsible Official Kenneth E. Myers
Huntingdon Borough Manager
530 Washington Street
P. O. Box 592
Huntingdon, PA 16652Type of Facility Public Water Supply Consulting Engineer Andrew H. Johnson, P. E.
Gwin, Dobson & Foreman, Inc.
3121 Fairway Drive
Altoona, PA 16602-4475Application Received March 19, 2009 Description of Action Installation of the Westminster Woods Pump Station. Northcentral Region: Water Supply Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
Application No. 1409502--Construction, Public Water Supply.
Applicant Blarney Stone Development Township or Borough Union Township County Centre Responsible Official Steven MacNamara, Owner
200 Mac One Lane
Julian, PA 16844Type of Facility Public Water Supply--Construction Consulting Engineer David Cunningham, P. E.
Keller Engineers
420 Allegheny Street
P. O. Box 61
Hollidaysburg, PA 16648Application Received March 18, 2009 Description of Action New public water supply at existing residential development, including Well No. 1, aeration, disinfection, finished water storage and distribution system. Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Permit No. 3009502, Public Water Supply.
Applicant East Dunkard Water Association
P. O. Box 241
SR 88
Dilliner, PA 15327Township or Borough East Dunkard Responsible Official James Holbert, Plant Manager
East Dunkard Water Association
P. O. Box 241
SR 88
Dilliner, PA 15327Type of Facility Water treatment plant Consulting Engineer Dakota Engineering Associates, Inc.
Etna Technical Center
Suite 200
35 Wilson Street
Pittsburgh, PA 15223Application Received Date March 31, 2009 Description of Action Replacement of three existing water filtration units with a new dual train unit, renovation of the existing backwash settling basin, modification to two booster stations and replacement of three water storage tanks.
MINOR AMENDMENT Southwest Region: Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Application No. 6509503MA, Minor Amendment.
Applicant Highridge Water Authority
17 Maple Avenue
Blairsville, PA 15717Township or Borough West Wheatfield Township Responsible Official George Sulkosky
Executive Director
Highridge Water Authority
17 Maple Avenue
Blairsville, PA 15717Type of Facility Water storage tank Consulting Engineer Gibson-Thomas Engineering Co., Inc.
1004 Ligonier Street
P. O. Box 853
Latrobe, PA 15650Application Received Date March 31, 2009 Description of Action Painting the Wheatfield water storage tank.
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 Pennsylvania AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
4 Pine Lane Property, Union Township, Lebanon County. Liberty Environmental, Inc., 50 North 5th Street, Fifth Floor, Reading, PA 19601, on behalf of Paul and Judy Wengert, 987 Daffodil Drive, Lebanon, PA 17052, submitted a Notice of Intent to Remediate site soils contaminated with No. 2 heating oil from an underground storage tank. The site will be remediated to a Residential Statewide Health standard and will remain residential.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
American Rock Salt Co., LLC, City of Dubois and Sandy Township, Clearfield County. American Rock Salt Co., LLC, P. O. Box 190, Mt. Morris, PA 14510 has submitted a Notice of Intent to Remediate soil and groundwater contaminated with volatile and semi-volatile compounds. The applicant proposes to remediate the site to meet the Statewide Health Standard. The property is intended to remain commercial/industrial.
DETERMINATION FOR APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS
Application received for Determination of Applicability 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.
Southwest Region: Regional Solid Waste Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000.
General Permit No. WMGR101SW001, MultiServ North America, 8050 Rowan Road, Suite 600, Cranberry Township, PA 16066. Allegheny Ludlum Brackenridge Facility, Federal Street Gate 10, Natrona Heights, PA 15065. A residual waste general permit for the beneficial use of steel slag, iron slag, and refractory bricks that were co-disposed with slag (''slag''), reclaimed asphalt pavement materials (RAP) in quantities greater than 10 cubic yards and uncontaminated brick, block and concrete from sidewalk and highway projects as a construction material in Brackenridge Borough, Allegheny County, was received in the Regional Office on March 24, 2009.
Comments concerning the application should be directed to Diane McDaniel, Environmental Engineering Manager, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. Persons interested in obtaining more information about the general permit application may contact the Department of Environmental Protection (Department) Southwest Regional Office, Regional Files at (412) 442-4000. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984. Public comments must be submitted within 30 days of this notice and may recommend revisions to, and approval or denial of the application.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Applications 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. 101680. Waste Management Disposal Services of Pennsylvania, Inc. (GROWS North Landfill), 1000 New Ford Mill Road, Morrisville, PA 19067. This minor permit modification application is for revisions to the Leachate Recirculation System at GROWS North Landfill, a municipal waste landfill located in Falls Township, Bucks County. The application was received by the Southeast Regional Office on March 19, 2009.
Permit Application No. 101696. Swanson Rail Transfer Station, 13 Pattison Avenue, Philadelphia, PA 19148, City of Philadelphia, Philadelphia County. This application proposes to construct and operate of a new waste transfer facility receiving a maximum of 2,500 tpd of Municipal Solid Waste and Construction and Demolition Waste then transferring by rail to a permitted disposal facility. The application was received by the Southeast Regional Office on August 15, 2008.
Permit Application No. 101697. American C&D Logistics, LLC, 3600 South 26th Street, Philadelphia, PA 19145, City of Philadelphia, Philadelphia County. This application is to operate a new waste transfer facility receiving a maximum of 1,000 tpd of Construction and Demolition (C&D) Waste then transferring the C&D waste by barge to a permitted facility for processing. The application was received by the Southeast Regional Office on March 26, 2009.
Permit Application No. 101541. Delaware Valley Recycling, Inc., 3107 South 61st Street, Philadelphia, PA 19153-3501. This application is for 10-year permit renewal to continue operation at the Delaware Valley Recycling facility, an existing construction and demolition storage and processing facility, located in the City of Philadelphia, Philadelphia County. The application was received by the Southeast Regional Office on March 27, 2009.
Permit Application No. 101549. Bucks County Resource Recovery Inc., 701 Penn Avenue, Marcus Hook, PA 19061-4604, Marcus Hook Borough, Delaware County. This major permit modification application is submitted requesting the approval to process ''Sharps'' and ''Animal and Plant Health Inspection Services'' wastes, which are waste categories presently not permitted for processing at the facility. The application was received by the Southeast Regional Office by on March 31, 2009.
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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
03-00245A: TJS Mining, Inc. (2340 Smith Road, Shelocta, PA 15774) on March 24, 2009, to install a coal processing facility at their Mine No. 6 near Gastown in Plumcreek Township, Armstrong 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.
28-05029B: Fayetteville Contractors, Inc. (3185 Lincoln Way East, Fayetteville, PA 17222) for installation of a recycled asphalt processing section on the existing batch asphalt plant in Antrim Township, Franklin County. The plan approval will include emission limits along with work practice standards, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. The asphalt plant is subject to 40 CFR Part 60, Subpart I--Standards of Performance for Asphalt Concrete Plants.
38-05003G: Carmeuse Lime & Stone (3 Clear Springs Road, Annville, PA 17003) for use of resin flakes as a fuel in the three lime kilns at the Millard lime plant in North Londonderry Township, Lebanon County. The facility's emissions of SOx is expected to decrease from the use of the resin flakes. SOx emissions from the facility are limited to 685 tons per consecutive 12-month period. The plan approval and subsequent Title V operating permit amendment will include emission limits, monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. The facility is subject to 40 CFR Part 63, Subpart AAAAA--National Emission Standards for HAPs for Lime Manufacturing Plants.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
PA-32-00059C: Reliant Energy Northeast Management Co. (121 Champion Way, Suite 200, Canonsburg, PA 15317-7625) for construction and operation of an activated carbon injection system rated at 1,500 pph per unit for mercury control on Units 1 and 2 at their existing Conemaugh Power Plant in West Wheatfield Township, Indiana County.
Under 25 Pa. Code § 127.44(a), that the Department of Environmental Protection (Department) intends to issue a Plan Approval to Reliant Energy Northeast Management Company (121 Champion Way, Suite 200, Canonsburg, PA 15317-7625) to allow the construction and operation of an activated carbon injection system rated at 1,500 pph per unit for mercury control on Units 1 and 2 at their existing Conemaugh Power Plant located in West Wheatfield Township, Indiana County.
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 address as follows.
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 on the Plan Approval:
SPECIAL CONDITIONS
1. This Plan Approval is to allow the construction and operation of an activated carbon injection (ACI) system rated at 1,500 pph per unit on Units 1 and 2 at Reliant Energy Northeast Management Company's Conemaugh Power Plant located in the West Wheatfield Township, Indiana County (25 Pa. Code § 127.12b).
2. Air contamination sources covered by this Plan Approval include the following (25 Pa. Code § 127.12b):
* Two Sorbent Storage Silos
* Material Handling of Spent Sorbent Material
* Truck Traffic on Roads and Surfaces
3. Air pollution control equipment covered by this Plan Approval includes the following (25 Pa. Code § 127.12b):
* Hg Sorbent Injection Systems on Units No. 1 and No. 2, rated 1,500 lbs per hour per unit
* Two Griffin Model No. 54-LS (or equivalent) Bin Vent Collectors, approximately 760 ACFM each on Sorbent Storage Silos
4. Visible emissions from each Sorbent Storage Silo covered by this Plan Approval shall not exceed 10% opacity for a period or periods aggregating more than 3 minutes in any 1 hour or equal or exceed 30% opacity at any time (25 Pa. Code § 127.12b).
5. The Owner/Operator shall 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 facility (25 Pa. Code § 123.31).
6. There shall be no fugitive emissions from the facility contrary to 25 Pa. Code §§ 123.1 and 123.2.
7. All sorbent delivery trucks and spent sorbent disposal trucks shall travel on paved roads and designated truck haul routes. The Owner/Operator shall take all reasonable actions to prevent PM caused by truck traffic from becoming airborne (25 Pa. Code §§ 123.1 and 123.2).
8. The Owner/Operator shall perform a daily inspection for the presence of visible stack emissions, fugitive emissions and malodorous emissions from the emission sources covered by this plan approval. This requirement does not apply for any day in which no sorbent is delivered or consumed. Records of the inspections shall be maintained in a log and include any corrective actions taken (25 Pa. Code § 127.12b).
9. The Bin Vent Collectors shall be equipped with gauges to monitor pressure drop across the filters. Pressure drop readings shall be kept using either electronic recording devices or recorded manually on a daily basis whenever the control device is operating. This requirement does not apply for any day in which no sorbent is delivered or consumed (25 Pa. Code § 127.12b).
10. The Owner/Operator shall maintain each Bin Vent Collector by the manufacturer's recommendation. The maintenance schedule for each unit and records of all maintenance activities performed on each unit shall be maintained in a log (25 Pa. Code § 127.12b).
11. At a minimum, the Owner/Operator shall maintain records of the following (25 Pa. Code § 127.12b):
a. Tons of sorbent delivered to the facility per month.
b. Tons of sorbent used in Units No. 1 and No. 2 per month.
c. Pressure drop readings on the Bin Vent Collectors.
d. Visible stack emission, fugitive emission and malodorous emission inspection for the sources covered by this plan approval.
e. The maintenance schedule for, and records of, all maintenance activities performed on each Bin Vent Collector.
12. Stack testing shall be conducted as follows (25 Pa. Code §§ 127.12b and 139.11):
a. Units No. 1 and No. 2: Within 60 days after achieving the normal production rate at which the sorbent injection will be operated, but not later than 180 days after initial start-up of the control device, the Owner/Operator shall perform total particulate testing to determine the filterable and condensable particulate concentration in the effluent both without the ACI system in operation and with the ACI system in operation.
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 pretest 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.
13. The Owner/Operator shall install, certify, maintain and operate a CEM system for monitoring mercury (Hg) in accordance with the requirements of 25 Pa. Code Chapter 139 and the most recent version of the Department's Continuous Source Monitoring Manual during the term of the Plan Approval, including extensions, modifications and transfers (25 Pa. Code § 127.12b).
14. 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 (25 Pa. Code § 127.12b).
15. This Plan Approval authorizes the operation of the physically changed sources covered by this Plan Approval provided the following conditions are met (25 Pa. Code § 127.12b):
(a) 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.
(b) 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 revision to Title V Operating Permit to the Department at least 60 days prior to the expiration date of the Plan Approval.
(c) 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 such time as it notifies the company that testing is required.
GENERAL 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. (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 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)(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, 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).
(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. Such 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 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 § 114 or other applicable provisions of the CAA. (25 Pa. Code § 127.12(4) and 35 P. S. § 4008 and section 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 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)
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 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. 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 Operations
400 Waterfront Drive
Pittsburgh, Pennsylvania 15222-4745For additional information, persons may contact the following at the same address:
Nicholas J. Waryanka, P. E.
Air Quality Program
(412) 442-4172PA-26-00579A: Tri-State Bio Fuels, LLC (Thompson Recovery Road, Lemont Furnace, PA 15456) to allow the construction and operation of a wood pellet manufacturing facility, in Lemont Furnace, North Union Township, Fayette County.
Notice is hereby given, under 25 Pa. Code § 127.44(a), that the Department of Environmental Protection (Department) intends to issue a Plan Approval to Tri-State Bio Fuels, LLC (Thompson Recovery Road, Lemont Furnace, PA 15456) to allow the construction and operation of a wood pellet manufacturing facility, located in Lemont Furnace, North Union Township, Fayette County. The facility will process up to 77,376 tons of raw sawdust, of which 14,976 tons will be used process heat, and has the potential to emit 38.1 tons of PM, 46.6 tons of PM10, 30.1 tons of CO, 29.8 tons of NOx, 13.0 tons of VOCs and 6.6 tons of HAPs per year.
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 address as follows.
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 General and Special Conditions on the Plan Approval:
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