Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 09-844a

[39 Pa.B. 2351]
[Saturday, May 9, 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 Address
CountyTotal
Acres
Animal Equivalent UnitsAnimal
Type
Special Protection Waters (HQ or EV or NA) Renewal/New
Kevin Greiner and
Harold Weaver
2717 and 2963 North
Colebrook Road
Manheim, PA 17545
Lancaster129.1254.18 Heifers,
ducks
NA Renewal
Stoner's Hijos Hill, Inc.
7678 Oellig Road
Mercersburg, PA 17236
Franklin 1,470.5 1,222.65Dairy 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. 9996565, Public Water Supply.

Applicant Watermax, LLC
Township or Borough New Castle, DE
Responsible Official Jim Megraw, Manager
Type of Facility Out-of-State Bottled Water System
Application Received Date May 21, 2009
Description of Action Applicant requesting the Department of Environmental Protection's approval to sell bottled water in Pennsylvania under the brand name: Primo Purified Water.

   Northcentral Region: Water Supply Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

   Application No. 4109501--Construction, Public Water Supply.

Applicant Montgomery Water and Sewer Authority
Township or Borough Clinton Township
County Lycoming
Responsible Official John Lynch, Sr.
Executive Director
Montgomery Water and Sewer Authority
35 South Main Street
Montgomery, PA 17752
Type of Facility Public Water Supply--Construction
Consulting Engineer Eric Moore, P. E.
Larson Design Group
1000 Commerce Park Drive
Suite 201
Williamsport, PA 17701
Application Received April 22, 2009
Description of Action Replacement of existing Well No. 2 with new well, including softening and anion exchange for nitrate removal.

   Northwest Region: Water Supply Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   Application No. 2009504, Public Water Supply.

Applicant Elderberry Prop, LLC/Elderberry MHP
Township or Borough Vernon Township
Crawford County
Responsible Official Vicki L. Berry
Consulting Engineer Arthur M. Kuholski, P. E.
Lake Engineering
140 Meadville Street
Edinboro, PA 16412
Application Received Date April 27, 2009
Description of Action Permit existing source of supply and treatment for existing and unpermitted Mobile Home Park.

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:

   Southeast Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401.

   M. A. Bruder & Sons, Inc., City of Philadelphia, Philadelphia County. David R. Kushner, P. G., KU Resources, Inc., 22 South Linden Street, Duquesne, PA 15110 on behalf of Kenneth H. Stroebel, The Sherwin-Williams Company, 101 Prospect Avenue, NW, Cleveland, OH 44115-1075 has submitted a Notice of Intent to Remediate. Soil and groundwater at the site has been impacted with the release of other organics. The intended future use of the site is nonresidential (commercial or industrial).

   Wawa North Coventry Township, North Coventry Township, Chester County. Matt Brainard, GES, Inc., 440 Creamery Way, Suite 500, Exton, PA 19341 on behalf of Matthew Winters, Wawa, Inc., 260 Baltimore Pike, Wawa, PA 19063 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of No 2 fuel oil. The intended future use of the property is expected to remain commercial (nonresidential). A Notice of Intent to Remediate was reported to have been published in the Daily Local News on February 24, 2009.

   Chambers Group (147 Pennsylvania Avenue), Malvern Borough, Chester County. Samuel Kucia, Environmental Consulting, Inc., 500 East Washington Street, Suite 375, Norristown, PA 19401 on behalf of Paul Chambers, Foshey, LP, 147 Pennsylvania Avenue, Malvern, PA 19355 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by the release of No. 2 fuel oil. The future use of the site will remain the same.

   619--629 North Broad Street, City of Philadelphia, Philadelphia County. Andrew Hubley, Environmental Consulting, Inc., 500 East Washington Street, Suite 375, Norristown, PA 19401, Richard S. Werner, Environmental Consulting, Inc., 500 East Washington Street, Suite 375, Norristown, PA 19401, Martin D. Liebhardt, Sunoco, Inc. (R&M), 350 Eagleview Boulevard, Exton, PA 19341 on behalf of Daniel H. Polett, Lexus of Chester Springs, 400 Pottstown Pike, Chester Springs, PA 19425 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of unleaded gasoline. The current property is currently vacant, but was most recently utilized as a use automobile dealership know as Wilkie Used Cars and trucks.

   Hoh Residence, London Britain Township, Chester County. Douglas Schott, P. G., Brickhouse Environmental, 515 South Franklin Street, West Chester, PA 19382, Kurt J. Spiess, EMG Remediation Services, P. O. Box 129, Edgemont, PA 19028 on behalf of Lawrence L. and Susan P. Hoh, 101 Foxbrook Drive, Landenburg, PA 19350 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of No. 2 fuel oil. It is anticipated that the property will remain residential.

   150 South MacDade Boulevard, Darby Borough, Delaware County. Michael Christie, Penn E&R, Inc., 2755 Berey Road, Hatfield, PA 19440, Darryl Borrelli, Manko, Gold Katcher & Fox, LLP, 401 City Avenue, Suite 500, Bala Cynwyd, PA 19004 on behalf of Tony Varallo, MacDade Boulevard--Darby, LLC, 5004 State Road, Drexel Hill, PA 19026 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of leaded gasoline and chlorinated solvents. The proposed future use of the property will be nonresidential for retail purposed.

   The Kennedy Companies, Horsham Township, Montgomery County. Ryan C. Winnan, Storb Environmental, Inc., 410 North Easton Road, Willow Grove, PA 19090, Robert Kennedy, The Kennedy Companies, 8000 Midlantic Drive, Suite 200, North Mt. Laurel, NJ 08054 on behalf of Theresa Kohn, 28 Chambersburg Street, Gettysburg, PA 17325 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of the No. 2 fuel oil. The property is currently, and will continue to be used for industrial purposes.

   Howard's Auto Repair, Abington Township, Montgomery County. Phil Gray, Phoenix GeoEnvironmental, LLC, 445 Bethlehem Pike, Suite 108, Colmar, PA 18915 on behalf of Dominic Fittipaldi, 2428 Old Welsh Realty, LLC, 3120 Quarry Avenue, Ardsley, PA 19038 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release leaded gasoline. The property will be used for equipment storage for landscaping business in the future.

   Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Goodyear Farm, Colerain Township, Lancaster County. Mulry & Cresswell Environmental, Inc., 1691 Horseshoe Pike, Manor Professional Building, Suite 3, Glenmoore, PA 19343, on behalf of William Freehling, Goodyear Farm Associates, 2730 Hunt County Lane, Charlottesville, VA 22901, submitted a Notice of Intent to Remediate site soils contaminated with VOCs and SVOCs from an unpermitted dump. The site will be remediated to the Residential Statewide Health Standard and will be developed for residential use.

   Katherine Endres Property, Maidencreek Township, Berks County. Liberty Environmental, Inc., 50 North 5th Street, 5th Floor, Reading, PA 19601, on behalf of Katherine Endres, 57 West Wesner Road, Blandon, PA 19510, submitted a Notice of Intent to Remediate site soils contaminated with No. 2 heating oil. The site will be remediated to the Residential Statewide Health Standard and will remain residential.

DETERMINATION FOR APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS


Applications for Determination of Applicability deemed complete under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904); and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and/or the Beneficial Use of Residual Waste Other Than Coal Ash

   Northcentral Region: Regional Solid Waste Manager, 208 West Third Street, Williamsport, PA 17701.

   General Permit Application No. WMGR028 NC001B, Glenn O. Hawbaker, Inc., 711 East College Avenue, Bellefonte, PA 16823. The application for Determination of Applicability for the beneficial use of baghouse fines as an aggregate in the production of hot mix asphalt at their facility in Sandy Township, Clearfield County, was deemed complete by the Williamsport Regional Office on April 24, 2009.

   Comments concerning the application should be directed to James Miller, Environmental Program Manager, Williamsport Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984.

   General Permit Application No. WMGR028 NC001C, Glenn O. Hawbaker, Inc., 711 East College Avenue, Bellefonte, PA 16823. The application for Determination of Applicability for the beneficial use of baghouse fines as an aggregate in the production of hot mix asphalt at their facility in Loyalsock Township, Lycoming County, was deemed complete by the Williamsport Regional Office on April 24, 2009.

   Comments concerning the application should be directed to James Miller, Environmental Program Manager, Williamsport Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984.

AIR QUALITY

PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS

NEW SOURCES AND MODIFICATIONS

   The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.

   The Department has received applications for plan approvals and/or operating permits from the following facilities.

   Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.

   Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

   Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.

PLAN APPROVALS


Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.

   Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.

   54-310-046: HMMK LLC--d/b/a Foster Materials (6100 Easton Road, Pipersville, PA 18947) for installation of an additional crusher at their facility in Foster Township, Schuylkill County.

   Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.

   43-182A: Wheatland Tube Co. (One Council Avenue, Wheatland, PA 16161) for installation of a baghouse to be used as a replacement for an existing cyclone associated with the No. 1 ID Blow Station (Source ID 113) at their facility in Wheatland Borough, Mercer County. This is a Title V facility.

   62-017R: United Refining Co. (15 Bradley Street, Warren, PA 16365) for removal of the external cyclones and expansion of the electric static precipitator that controls the FCC in Warren City, Warren County. This is a Title V 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.

   46-0172B: Gemalto, Inc. (101 Park Drive, Montgomeryville, PA 18936) for installation of a new Sakurai Screen Press at an existing facility in Montgomeryville, Montgomery County. This press is being installed to replace an existing screen press. The primary pollutant of concern is VOCs. Cephalon is categorized as a Synthetic Minor facility and the proposed operation of this press should not cause the facility to exceed any major thresholds. The Plan Approval will contain recordkeeping and operating restrictions designed to keep the facility operating within the allowable emissions and all applicable air quality requirements.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.

   67-03156A: Apex Urethane Millwork, LLC (105 Church Lane, Red Lion, PA 17356) for operation of urethane millwork fabrication processes at the facility in Red Lion Borough, York County. Plant operations include urethane molding, five coating booths controlled by dry filters and grinding and sanding equipment controlled by a baghouse. Potential VOC and HAP emissions are estimated to be less than 25 and 7 tpy, respectively. The plan approval will include monitoring, work practice standards, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations.

   Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.

   56-00025H: New Enterprise Stone & Lime Co., Inc. (P. O. Box 448, Somerset, PA 15501-0448) to allow construction of a Vibrating Screen at an existing Nonmetallic Mineral Processing Plant, at Bakersville Quarry in Jefferson Township, Somerset County.

   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 Plan Approval PA-56-00025H to New Enterprise Stone & Lime Company, Inc. (P. O. Box 448, Somerset, PA 15501-0448) to allow the construction of a Vibrating Screen at an existing Nonmetallic Mineral Processing Plant, Bakersville Quarry located in Jefferson Township, Somerset County.

   Emissions from the new source are estimated to be 5.78 tons of PM per year and 1.92 tons of PM10 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:

SPECIAL CONDITIONS

   1.  This Plan Approval is to allow the construction and operation of a Vibrating Screen rated at 600 tpy at an Existing Nonmetallic Mineral Processing Plant by New Enterprise Stone & Lime Company, Inc. at their Bakersville Quarry located in Jefferson Township, Somerset County.

   2.  25 Pa. Code § 123.1

   (a)  No person may permit the emission into the outdoor atmosphere of fugitive air contaminant from a source other than the following:

   (1)  Construction or demolition of buildings or structures.

   (2)  Grading, paving and maintenance of roads and streets.

   (3)  Use of roads and streets. Emissions from material in or on trucks, railroad cars and other vehicular equipment are not considered as emissions from use of roads and streets.

   (4)  Clearing of land.

   (5)  Stockpiling of materials.

   (6)  Open burning operations.

   (7)  Blasting in open pit mines. Emissions from drilling are not considered as emissions from blasting.

   (8)  Coke oven batteries, provided the fugitive air contaminants emitted from any coke oven battery comply with the standards for visible fugitive emissions in §§ 123.44 and 129.15 (relating to limitations of visible fugitive air contaminants from operation of any coke oven battery; and coke pushing operations).

   (9)  Sources and classes of sources other than those identified in paragraphs (1)--(8), for which the operator has obtained a determination from the Department that fugitive emissions from the source, after appropriate control, meet the following requirements:

   (i)  the emissions are of minor significance with respect to causing air pollution; and

   (ii)  the emissions are not preventing or interfering with the attainment or maintenance of any ambient air quality standard.

   (b)  An application form for requesting a determination under either subsections (a)(9) or § 129.15(c) is available from the Department. In reviewing these applications, the Department may require the applicant to supply information including, but not limited to, a description of proposed control measures, characteristics of emissions, quantity of emissions, and ambient air quality data and analysis showing the impact of the source on ambient air quality. The applicant shall be required to demonstrate that the requirements of subsections (a)(9) and (c) and § 123.2 (relating to fugitive particulate matter) or of the requirements of § 129.15(c) have been satisfied. Upon such demonstration, the Department will issue a determination, in writing, either as an operating permit condition, for those sources subject to permit requirements under the act, or as an order containing appropriate conditions and limitations.

   (c)  A person responsible for any source specified in subsections (a)(1)--(7) or (9) shall take all reasonable actions to prevent PM from becoming airborne. These actions shall include, but not be limited to, the following:

   (1)  Use, where possible, of water or chemicals for control of dust in the demolition of buildings or structures, construction operations, the grading of roads or the clearing of land.

   (2)  Application of asphalt, oil, water or suitable chemicals on dirt roads, material stockpiles and other surfaces which may give rise to airborne dusts.

   (3)  Paving and maintenance of roadways.

   (4)  Prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water or other means.

   (d)  The requirements contained in subsection (a) and § 123.2 do not apply to fugitive emissions arising from the production of agricultural commodities in their unmanufactured state on the premises of the farm operation.

   3.  Per 25 Pa. Code § 123.2, a person may not permit fugitive PM to be emitted into the outdoor atmosphere from a source specified in § 123.1(a)(1)--(9) (relating to prohibition of certain fugitive emissions) if the emissions are visible at the point the emissions pass outside the person's property.

   4.  Per 25 Pa. Code § 123.31, a person may not permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source in such a manner that the malodors are detectable outside the property of the person on whose land the source is being operated.

   5.  The Owner/Operator shall install water sprays on screen and operate the water sprays as necessary to prevent visible fugitive emissions from the source. A winterized surfactant shall be used during cold weather operations if weather conditions do not allow the application of water.

   6.  The first 500 feet of the access road shall be paved and maintained as such. All other areas of vehicle traffic must be delineated by paving or crushed stone, as necessary, to prevent fugitive emissions from crossing the property line.

   7.  All materials shall be stockpiled in such a manner that it may be adequately wetted by the pressurized water truck as necessary to control fugitive emissions. A winterized surfactant shall be used during cold weather operations if weather conditions do not allow the application of water.

   8.  The Owner/Operator shall maintain a 12-month rolling total of limestone throughput at the Facility.

   9.  The Owner/Operator shall perform a daily inspection of the Facility for the presence of fugitive emissions. Records of the inspections shall be maintained in a log and include any corrective actions taken.

   10.  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.

   11.  Air Cleaning devices included in this plan approval include:

   (a)  Water Spray System.

   (b)  Pressurized Water Truck.

   12.  A pressurized water truck, or other methods of dust control when weather conditions make watering hazardous, shall be available to the site and shall be used for dust suppression purposes, as necessary, on all areas of vehicle traffic to prevent visible emissions from crossing the property line.

   13.  The Department reserves the right to require performance testing or additional controls based on evaluation of the operation of the Telsmith vibrating screen after inspection and determination that existing controls are inadequate to control fugitive particulate. The Department also reserves the right to require performance testing on the existing equipment by a third party if fugitive emissions greater than the requirements of 40 CFR 60.672 are noted during the initial operating permit inspection.

   14.  The facility is subject to New Source Performance Standards for Nonmetallic Processing Plants (40 CFR Part 60, Subpart OOO). In accordance with 40 CFR 60.4, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both Environmental Protection Agency (EPA) and the Department at the addresses listed unless otherwise noted.

Director
Air Toxics and Radiation
US EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

Program Manager
Air Quality Program
Department of Environmental Protection
Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PA 15222-4745

   15.  In accordance with 40 CFR 60.672, no owner or operator shall cause to be discharged into the atmosphere any visible emissions from:

   (a)  Wet screening operations and subsequent screening operations, bucket elevators and belt conveyors that process saturated material in the production line up to the next crusher, grinding mill or storage bin.

   (b)  Screening operations, bucket elevators and belt conveyors in the production line downstream of wet mining operations, where such screening operations, bucket elevators and belt conveyors process saturated materials up to the first crusher, grinding mill or storage bin in the production line.

   16.  Road watering shall be performed, as needed, and earth or other material transported from the site shall be removed promptly, as needed, on the paved public road to prevent visible fugitive emissions in accordance with 25 Pa. Code § 123.1(c).

   17.  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.

   18.  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 a State-only Operating Permit application at least 60 days prior to the expiration date of the Plan Approval.

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).

   2.  The issuance of this plan approval does not prevent the future adoption by the Department of any rules, regulations or standards, or the issuance of orders necessary to comply with the requirements of the Federal Clean Air Act (CAA) or the APCA, or to achieve or maintain ambient air quality standards. The issuance of this plan approval shall not be construed to limit the Department's enforcement authority.

   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 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 180 days.

   (e)  The notice submitted by the permittee under paragraph (a) previously, prior to the expiration date of the plan approval, shall modify the plan approval expiration date on page 1 of this plan approval. The new plan approval expiration date shall be 180 days from the date of commencement of operation.

   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.

   5.  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.

   6.  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.

   (a)  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:

   (1)  A justification for the extension,

   (2)  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.

   (b)  If the construction, modification or installation is not commenced within 18-months of the issuance of this plan approval or if there is more than an 18-month lapse in construction, modification or installation, a new plan approval application that meets the requirements of 25 Pa. Code Chapter 127, Subchapters B, D and E (relating to plan approval requirements; prevention of significant deterioration of air quality; and new source review), shall be submitted.

   7.  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.

   8.  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 say 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 Environmental Protection Agency (EPA) to inspect or enter the premises of the permittee in accordance with § 114 or other applicable provisions 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.

   10.  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.

   11.  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.

   12.  Reports, test data, monitoring data, notifications shall be submitted to the:

Program Manager
Air Quality Program
Department of Environmental Protection
Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PA 15222-4745

   13.  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.

   Those who wish 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 Noor Nahar, Air Quality Program, Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. 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.

   The 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.

   42-004D: American Refining Group (77 North Kendall Avenue, Bradford, PA 16701) to change existing emission limits and applicable requirements associated with the following sources: Crude Unit Heater, Raffienate Heater and ISOM Heater, Boiler No. 5 and Refinery Flare at the Bradford facility in Bradford City, McKean County.

   In accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b) the Department of Environmental Protection (Department) intends to issue a plan approval to change existing emission limits and applicable requirements associated with the following sources: Crude Unit Heater, Raffienate Heater and ISOM Heater, Boiler No. 5 and Refinery Flare all located the Bradford facility in Bradford City, McKean County. The facility currently has a Title V Permit Permit No. 42-00004 that was issued January 1, 2006. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the Title V operating permit through an administrative amendment at a later date.

   As a general summary, the following requirements are applicable to this plan approval:

   1.  The following requirements are applicable to NSPS Affected Heaters: Crude Unit (Source No. 041), Raffinate (Source No. 045 and Isom (Source No. 049):

   (a)  ARG will monitor the recycle gas H2S concentration at least once per week with colorimetric tubes.

   (b)  If any single recycle gas H2S result exceeds 24 ppmv, ARG shall immediately begin collecting daily colorimetric tube samples of both the Platformer V-11 and ISOM UV-102 gas streams for 7 consecutive days. ARG will also notify the Department within 24 hours if the recycle gas H2S content is found to be in excess of 24 ppmv. (Note: 24 ppmv H2S in the recycle gas correlates with 80 ppmv in the fuel gas stream)

   (c)  If the 7 day average plus three standard deviations for each gas stream (Platformer V-11 and ISOM UV-102) is less than 81 ppm, ARG will continue with the daily recycle gas colorimetric tube sampling schedule described in item No. 1 previously.

   2.  The H2S limit for the Crude Unit (Source No. 041), Raffinate (Source No. 045) and Isom (Source No. 049) is 162 ppm.

   3.  The pressure drop across the baghouse associated with boiler No. 5 (Source ID No. 307) shall be maintained between 2--9 inches of H2O during all periods of operation.

   4.  A data acquisition systems (DAS) is approved for data collection procedures including recording inlet and outlet temperatures, pressure drops and opacity for the baghouse associated with boiler No. 5 (Source ID No. 307).

   5.  Bypass of the baghouse system associated with boiler No. 5 (Source ID No. 307) may only occur during the following conditions:

   a.  Startup and shutdown shall consist of the time period where the exhaust gas inlet temperature to the baghouse is less than 273° F for any consecutive 10 minute block period or greater. Startup and shutdown can occur for no longer than 4 hours for any incident.

   b.  Malfunction shall consist of any time period when the inlet temperature to the baghouse is greater than 600° F for any consecutive 10 minute block or greater.

   c.  The facility shall record and develop a report that includes any time that the baghouse is bypassed. This shall include dates, times, durations, causes and corrective action taken if necessary. Any bypass due to malfunction shall be reported on the semi-annual Title V Operating Permit deviation report.

   6.  The following limits apply when this Crude Unit (Source No. 041) is combusting any fuel:

   SOx 9.54 lbs/hour 41.8 tpy

   NOx 12.25 lbs/hour 53.6 tpy

   CO 1.11 lbs/hour 4.9 tpy

   Total Particulate 0.44 lbs/hour 1.9 tpy

   VOCs 0.09 lbs/hour 0.4 tpy

   5.  The following limits apply when NMP Raffinate Heater (Source No. 045) is burning Refinery Gas or Natural Gas:

   SOx 0.18 lbs/hour 0.80 tpy

   NOx 1.17 lbs/hour 5.1 tpy

   CO 0.29 lbs/hour 1.3 tpy

   Total Particulate 0.02 lbs/hour 0.10 tpy

   VOCs 0.02 lbs/hour 0.1 tpy

   6.  The Crude Unit (Source No. 041) shall operate combusting only refinery gas, Nos. 4--6 fuel oil or waxes, and natural gas as fuels.

   7.  The pilot system for the Refinery Flare (Source FL301) shall use natural gas as a fuel source.

   8. (a)  To establish the amount of fuel consumed by the Refinery Gas Flare (Source ID No. FL301), the permittee shall record the throughput of crude oil into the refinery on a monthly basis.

   (b)  An emission factor of 150 lbs of Refinery Fuel Gas (RFG) per 1,000 gallons of crude oil shall be established for the consumed fuel rate.

   (c)  The sulfur and nonmethane VOC content of the RFG shall be used in conjunction with the fuel consumption rate to calculate the emission rate of SO2 and VOC.

   (d)  These monthly emissions will be added to the emissions from the previous 11 months, in order to determine the 12-month rolling total of emissions from these sources.

   (Compliance with this condition allows the facility to demonstrate compliance as a synthetic minor and fall under the eligibility threshold of 50 CFR, Part 51, Subpart P, Best Available Retrofit Technology (BART).)

   Copies of the application, the Department's analysis and other documents used in the evaluation of the application are available for public review during normal business hours at the Department's Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. Appointments for scheduling a review may be made by calling the Department at (814) 332-6340.

   Any persons 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 in the preceding paragraph. 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 (No. 42-004D).

   *  Concise statements regarding the relevancy of the information or objections to the issuance of the Plan Approval. Written comments should be directed to:

John F. Guth
Regional Air Quality Program Manager
Commonwealth of Pennsylvania
Department of Environmental Protection
Northwest Region--Field Operations
230 Chestnut Street
Meadville, PA 16335

   A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the comments received. The persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper or the Pennsylvania Bulletin or by telephone, where the Department determines such notification is sufficient. Written comments or requests for a public hearing should be directed to Cary Cooper, P. E., New Source Review Section, Department of Environmental Protection, Air Quality Program, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact the Department or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

   If a plan approval has not undergone the previous public notice process, the change to an operating permit must be treated as a significant modification. In these situations the Department should follow the procedures described in §§ 127.421--127.431 for State-only operating permits or §§ 127.521--127.524 for Title V operating permits.

   42-158N: Temple--Inland Forest Products Corporation (303 South Temple Drive, Diboll, TX 75941) to modify the PM emission rate at the Secondary Sander Baghouse at their Mt. Jewett facility in Mt. Jewett Township, McKean County.

   In accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department of Environmental Protection (Department) intends to issue a plan approval to modify the PM emission rate at the Secondary Sander Baghouse at their Mt. Jewett facility in Mt. Jewett Township, McKean County. The facility currently has a Title V permit No. 42-00158 that was issued October 2, 2006. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the Title V operating permit through an administrative amendment at a later date.

   As a general summary, the following requirements are:

   1.  The emissions from the MDF System 11-Secondary Sander Baghouse to Stack SM11 shall not exceed:

PM: 2.04 lbs/hr
PM10: 7.72 tpy based on a 12-month rolling total

   2.  The owner or operator shall perform PM and PM10 emission tests every 3 years to determine compliance with the emissions limitations in this plan approval.

   Copies of the application, the Department's analysis and other documents used in the evaluation of the application are available for public review during normal business hours at 230 Chestnut Street, Meadville, PA 16335.

   Any person wishing to provide the Department with additional information, which they believe should be considered prior to the issuance of this permit, may submit the information to the address shown in the preceding paragraph. The Department will consider any written comments received within 30 days of the publication of this notice. Each written comment must contain the following:

   Name, address and telephone number of the person submitting the comments.

   Identification of the proposed permit No. 42-158N.

   A concise statement regarding the relevancy of the information or objections to the issuance of the permit.

   A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the comments received. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper or the Pennsylvania Bulletin or by telephone, where the Department determines such notification is sufficient. Written comments or requests for a public hearing should be directed to Carolyn L. Cooper, P. E., New Source Review, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should by contacting Carolyn L. Cooper, P. E. or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

   If a plan approval has not undergone the previously public notice process, the change to an operating permit must be treated as a significant modification. In these situations the Department should follow the procedures described in §§ 127.421--127.431 for State-only operating permits or §§ 127.521--127.524 for Title V operating permits.

OPERATING PERMITS


Intent to Issue Title V Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter G.

   Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.

   39-00055: B. Braun Medical, Inc. (901 Marcon Boulevard, Allentown, PA 18109) for operation of a surgical and medical instruments and apparatus manufacturing facility and modification to the permit to include an adjacent building formerly owner by SureFit, Inc. and permitted under permit number 39-00038, in Hanover Township, Lehigh County. This is a modification and renewal of the Title V Operating Permit.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.

   67-05133: Separation Technologies, LLC (101 Hampton Avenue, Needham, MA 02494) for operation of a fly ash processing facility at the Brunner Island Steam Electric Station in East Manchester Township, York County. The facility primarily emits PM and has the potential-to-emit about 11.6 tons of PM annually. The Title V operating permit will contain monitoring, work practice standards, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.


Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.

   Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.

   39-00035: Allentown Wastewater Treatment Plant (112 Union Street, Allentown, PA 18102-4910) for operation of a municipal wastewater treatment facility in the City of Allentown, Lehigh County. This is a renewal of a State-only Operating Permit.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.

   22-03052: Harmon Home Heating (352 Mountain House Road, Halifax, PA 17032-9733) for operation of their manufacturing facility in Jackson Township, Dauphin County. This is a permit renewal of their existing State-only operating permit. The State-only operating permit will include monitoring, recordkeeping, reporting requirements, emission restrictions and work practice standards designed to keep the facility operating within all applicable air quality requirements.

   38-03033: East Indies Coffee and Tea Company, Inc. (7 Keystone Drive, Lebanon, PA 17042) for their coffee roasting facility in South Lebanon Township, Lebanon County. This is a renewal of the State-only operating permit issued in June 2004.

   Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.

   37-00314: Natural Sand Company, Inc.--Plane Grove Road Plant (4783 Harlansburg Road, Slippery Rock, PA 16057) to re-issue the referenced permit for this specialty soil processing operation in Plain Grove Township, Lawrence County. The primary emissions from this facility are from the 585 HP Diesel Generator and the Soil Drying Process.

   43-00055: Bonsal American, Inc. (97 Main Street, Fredonia, PA 16124) for re-issuance of the State-only Permit in Fredonia Borough, Mercer County. The facility manufactures concrete mix products. The facility's major emission sources include bagging and bins, two degreasers and a rotary drum dryer. The facility is a natural minor facility because the emissions are less than Title V threshold limits.

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