[39 Pa.B. 243]
[Saturday, January 10, 2009]
[Continued from previous Web Page]
PUBLIC WATER SUPPLY (PWS) PERMIT Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17), the following parties have applied for a PWS permit to construct or substantially modify a public water system.
Persons wishing to comment on a permit application are invited to submit a statement to the office listed before the application within 30 days of this public notice. Comments received within the 30-day comment period will be considered in the formulation of the final 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
MINOR AMENDMENT Northeast Region: Water Supply Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Application No. 165W8MA2, Minor Amendment, Public Water Supply.
Applicant Aqua Pennsylvania Inc.
Oakhill Water SystemLehman Township
Luzerne CountyResponsible Official Patrick Burke
Aqua Pennsylvania, Inc.
50 East Woodhaven Drive
White Haven, PA 18661Type of Facility Public Water System Consulting Engineer CET Engineering Services
1240 North Mountain Road
Harrisburg, PAApplication Received Date November 25, 2008 Description of Action Painting and repairs to a water tank in the Oakhill system. Application No. 5491509MA, Minor Amendment, Public Water Supply.
Applicant Municipal Authority of the Borough of Shenandoah Shenandoah Borough
Schuylkill CountyResponsible Official Mary Lou Jaskierski
Municipal Authority of the Borough of Shenandoah
P. O. Box 110
Shenandoah, PAType of Facility Public Water System Consulting Engineer ENTECH Engineering, Inc.
4 South Fourth Street
Reading, PAApplication Received Date December 8, 2008 Description of Action The painting and rehabilitation of the heights and turkey run water storage tanks. A modification to pump station 7 to supply water to the heights area when the tank is out of service.
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.
Merton Price Property, Ridley Township, Delaware County. Michael Christie, Penn E&R Inc., 2755 Bergey Road, Hatfield, PA 19440 on behalf of Kenneth Hurwitz, Merton Price Company, 207 Yorktown Place, Berwyn, PA 19132 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with the release of chlorinated solvents and petroleum hydrocarbons including mtbe. The future use of the site will be nonresidential for commercial purposes. A Summary of Intent to Remediate was to have been published in the Delaware County Daily Times on December 4, 2008.
Knights Road Shopping Center, City of Philadelphia, Philadelphia County. Steve Miller, Island Environmental, Inc., 4253 Old National Pike, Suite 4, Middletown, MD 21769 on behalf of Philip Schanzer, Marx Realty and Improvement Company, 708 Third Avenue, Fifteenth Floor, New York, NY 10017 has submitted a Notice of Intent to Remediate. Groundwater and soil at the site has been impacted by the release of chlorinated solvents. The future use of the site will remain the same.
Mark II Associates, Inc. Properties, Folcroft Borough, Delaware County. Eduard Eichen, CIH, The OAK Group, Inc., Waterfront Technology Center, 200 Federal Street, Suite 300, Camden, NJ 08103, Terence O'Reilly, P. G., TriSate Environmental Management Services, Inc., 368 Dunksferry Road, Bensalem, PA 19020 on behalf of Cynthia Ray, Mark Associates, Inc., 266 South 23rd Street, Philadelphia, PA 19103 has submitted a Notice of Intent to Remediate. Soil and groundwater at the site has been impacted with the release of chlorinated solvents. The future use of the site will continue to be nonresidential (commercial).
Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Gulf Oil Limited Partnership--Dupont Terminal, 674 Suscon Road, Pittston Township, Luzerne County. Donald Rood, Brilliant Lewis Environmental Services, LLC, 3070 Bristol Pike, Building 2, Suite 105, Bensalem, PA 19020 has submitted a Notice of Intent to Remediate (on behalf of his client, Gulf Oil Limited Partnership, 275 Washington Street, Newton, MA 02458), concerning the remediation of soil and groundwater found to have been impacted by hydrocarbons during the removal of a vapor recovery tank. The applicant proposes to remediate the site to meet the Statewide Health Standard. A summary of the Notice of Intent to Remediate is expected to be published in a local newspaper serving the general area sometime in the near future.
DETERMINATION FOR APPLICABILITY FOR MUNICIPAL WASTE GENERAL PERMITS
Application for Determination of Applicability for General Permit 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 Municipal Waste Regulations for a General Permit to Operate Municipal Waste Processing Facilities and/or the Beneficial Use of Municipal Waste.
Southeast Region: Regional Solid Waste Manager, 2 East Main Street, Norristown, PA 19401.
General Permit Application No. WMGM025SE001. Accurate Recycling Corporation, 508 East Baltimore Pike, Lansdowne, PA 19050. This is a permit application for Determination of Applicability (DOA) under General Permit WMGM025. General Permit WMGM025SE001 is for the beneficial use of construction waste from new residential and commercial construction sites at Accurate Recycling Corporation Union Avenue Facility located at 20 South Union Avenue, Upper Darby, PA 19050, Upper Darby Township, Delaware County. The application for DOA was determined to be administratively complete by the Southeast Regional Office on December 19, 2008.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS
NEW SOURCES AND MODIFICATIONS The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.
The Department has received applications for plan approvals and/or operating permits from the following facilities.
Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.
Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.
PLAN APPROVALS
Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.
39-399-066: GEO Specialty Chemicals, Inc. (2409 North Cedar Crest Boulevard, Allentown, PA 18104) for installation of a new baghouse at their facility in South Whitehall Township, Lehigh County.
66-315-054: Procter & Gamble Paper Products Co. (P. O. Box 32, Mehoopany, PA 18629-0032) for installation of two new Napkin converting lines at their facility in Washington Township, Wyoming 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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
04-00065C: Whemco-Steel Castings, Inc. (5 Hot Metal Street, Suite 300, Pittsburgh, PA 15203) for a new torch cutting operation at their Midland Foundry Division facility in Midland Borough, Beaver 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-30-00065C to allow the construction of a new torch cutting operation at Whemco's Midland Foundry Division located in Midland, Beaver County.
Emissions from this source are estimated to be 4.45 tons of PM/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 authorizes the construction of a new torch cutting operation at Whemco steel foundry located in Midland, Beaver County.
2. Per 25 Pa. Code § 123.1(a), there shall be no visible fugitive emissions from this facility at any time, except those that are a direct result of stockpiling or use of roads. Per 25 Pa. Code § 123.1(c), permittee shall take all reasonable actions to prevent PM arising from stockpiling or use of roads from becoming airborne. Per 25 Pa. Code § 123.2, visible fugitive emissions shall not cross permittee's property line at any time.
3. A person may not permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity of the emission is either of the following:
a. Equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any 1 hour.
b. Equal to or greater than 60% at any time.
4. The limitations of 25 Pa. Code § 123.41 (relating to limitations) shall not apply to a visible emission in any of the following instances:
a. When the presence of uncombined water is the only reason for failure of the emission to meet the limitations.
b. When the emission results from the operation of equipment used solely to train and test persons in observing the opacity of visible emissions.
c. When the emission results from sources specified in 25 Pa. Code § 123.1(a)(1)--(9) (relating to prohibition of certain fugitive emissions).
5. 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.
6. Owner/operator shall perform a daily inspection of the facility for the presence of fugitive or malodorous emissions. If such emissions are noted, immediate actions shall be taken to correct them. (25 Pa. Code § 127.12b)
7. The Owner/Operator shall prepare a Torch Cutting Operations Manual which is endorsed by the equipment manufacturers, and which includes appropriate operating, equipment maintenance and trouble shooting procedures to be followed by personnel during furnace operation. The Manual shall include the installation, calibration and maintenance procedures recommended by the suppliers of the equipment used to measure and record the furnace systems operating conditions.
8. The new torch cutting booth shall not be operated unless the fabric collector is also operating.
9. On a daily basis, the shop and the bag house shall be observed for the presence of visible emissions. A record of these observations shall be monitored and made available to the Department upon request. If the emissions from the bag house are observed, the services of a certified visible emission reader shall be retained and certified visible emission observation shall be taken of the bag house exhaust within 24 hours.
10. The Owner/Operator shall keep maintain a record of all malodor, visible emission and fugitive emission surveys performed. The records shall include the date, time, name and title of the observer, whether visible emissions, fugitive emissions or malodors were observed and any corrective action. Records shall be kept onsite for a minimum of 5 years.
11. Maintenance on the torch burning booth and dust control system shall meet or exceed manufacturers' recommendations and good air pollution control practices. Company shall maintain, and follow the operating, maintenance and trouble shooting procedures specified in the Furnace Operating Manual for spare parts inventory, inspection schedules, and preventive maintenance requirements for this system.
12. Permittee shall provide employee training about the proper operation, emission limitations, equipment monitoring, recordkeeping and equipment maintenance requirements contained in this Plan Approval. Permittee shall maintain documentation that the employee training has been conducted. Training shall be repeated when necessary to train new employees, or at least annually.
13. The permittee shall report each malfunction that may result in an emissions increase to the Department. For purposes of this condition a malfunction is defined as any sudden, infrequent, and not reasonably preventable failure of air pollution control or process equipment; or, operating in a nonpermitted manner.
a. When the malfunction poses an imminent and substantial danger to the public's health and safety or potential harm to the environment, the permittee shall report the incident to the Department within 1 hour.
b. The report shall describe the:
i. Name and location of the facility;
ii. Nature and cause of the malfunction;
iii. Time when the malfunction or breakdown was first observed;
iv. Expected duration of excess emissions; and
v. Estimated rate of emissions.
c. The owner or operator shall notify the Department immediately when corrective measures have been accomplished.
d. Unless otherwise required by specific reporting requirements, any malfunction that is not subject to the notice requirements of paragraph a. of this permit condition shall be reported to the Department within 24 hours (or the next business day) by telephone and within 5 days by mail of discovery. The report shall contain the same information required by subsection b.1--5.
General Conditions
14. 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).
15. 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.
16. 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 subpart a, 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.
17. 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.
18. 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.
19. 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:
i. A justification for the extension,
ii. A schedule for the completion of the construction.
b. 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.
20. 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.
21. 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 EPA to inspect or enter the premises of the permittee in accordance with section 114 or other applicable provisions of the CAA.
22. 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 Environmental Protection Agency determines that this plan approval is not in compliance with the CAA or the regulations thereunder.
23. 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.
24. 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. Reports, test data, monitoring data, notifications shall be submitted to the:
Regional Air Program Manager
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15222-4745
26. 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, Department of Environmental Protection, 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.
32-00398A: Western Allegheny Energy, LLC, (301 Market Street, Kittanning, PA 16201-1504) for construction and operation of a Coal Preparation Plant at their Knob Creek Mine in Young Township, Indiana County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, the Department of Environmental Protection (Department) intends to issue Plan Approval PA-32-00398A to allow the construction of a coal processing facility consisting of conveyors, a screen, radial stackers, stockpiles, a haul road and other supporting equipment at the Knob Creek Mine, located in Young Township, Indiana County.
Emissions from the facility are estimated to be 38.53 tons of PM and 13.99 tons of PM/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, and also to 40 CFR 60, Subpart Y, Standards of Performance for Coal Preparation Plants. 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 Coal Preparation Plant by Western Allegheny Energy, LLC at their Knob Creek Mine Coal Preparation Plant located in Young Township, Indiana County (25 Pa. Code § 127.12b).
2. Air contamination sources at the Facility are as follows (25 Pa. Code § 127.12b):
* Pit Conveyor, 36".
* ROM Stockpile.
* Screen, Screen Machine 200 tph (or equivalent).
* Oversize Coal Radial Stacker.
* Oversize Coal Stockpiles.
* Clean Coal Conveyor.
* Clean Coal Radial Stacker.
* Clean Coal Stockpiles.
* Truck Loadout by Front-end Loader.
* Paved and Unpaved Roadways.
* Emergency Diesel Engine, Cummins 6CTA8.3-G2 (or equivalent), 277 bhp.
3. Air pollution prevention equipment at the Facility includes the following (25 Pa. Code § 127.12b):
* Pressurized water truck with pressurized spray gun; stockpile and roadway control.
* Paving, sweeper and pressurized water truck; roadway control.
* Truck tarping; truck shipping control.
* Covers; each conveyor, each transfer point, each radial stacker, and screen control.
* Water sprays; each transfer point and screen control.
4. The sulfur content in diesel fuel shall not, at any time, exceed 0.3 wt% (25 Pa. Code § 127.12b).
5. Emergency diesel generators shall be limited to no greater than 500 hours of operation in any 12-month period (25 Pa. Code § 127.12b).
6. Visible emissions from diesel engines stacks shall not exceed the following limitations (25 Pa. Code § 127.12b):
* Equal to or greater than 10% for a period or periods aggregating more than 3 minutes in any 1 hour.
* Equal to or greater than 30% at any time.
7. There shall be no fugitive emissions from the Facility contrary to 25 Pa. Code §§ 123.1 and 123.2.
8. The Owner/Operator 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 Facility (25 Pa. Code § 123.31).
9. Raw coal throughput at the Facility in any consecutive 12-month period shall not exceed 800,000 tons (25 Pa. Code § 127.12b).
10. Coal shall be stockpiled in such a manner that it may be adequately wetted by the onsite pressurized water truck to control fugitive emissions. All coal shall be adequately wetted prior to, during, and after processing, as necessary, to control fugitive emissions (25 Pa. Code § 127.12b).
11. All conveying equipment, radial stackers, and front-end loaders used to stockpile, transfer, and load coal shall maintain a minimal amount of drop height at all times so as to prevent fugitive emissions (25 Pa. Code § 127.12b).
12. The Owner/Operator shall employ the use of existing vegetation as wind barriers around coal storage piles (25 Pa. Code § 127.12b).
13. Each hopper, screen and transfer point shall be fully enclosed, or partially enclosed and equipped with water sprays. All coal shall be adequately wetted prior to, during and after processing, as necessary, to control fugitive emissions (25 Pa. Code § 127.12b).
14. All conveyors and radial stackers shall be covered, except if located within 500 feet of a residence where total enclosure will be required (25 Pa. Code § 127.12b).
15. The plant access road shall be paved for the first 500 feet and maintained so as to prevent fugitive emissions from crossing the property line. The remaining areas of vehicle traffic shall be paved or periodically delineated with gravel or crushed stone, as necessary to prevent fugitive emissions from crossing the property line (25 Pa. Code § 127.12b).
16. In-plant roads and areas of vehicle traffic shall be watered and swept, as needed on a preventative basis, such that visible fugitive emissions do not cross the property line in accordance with 25 Pa. Code §§ 123.1 and 123.2. Other methods of dust control shall be used when weather conditions make in-plant road watering hazardous, as necessary, to prevent visible fugitive emissions from crossing the property line in accordance with 25 Pa. Code §§ 123.1 and 123.2.
17. Road watering and sweeping shall be performed on, as needed, and earth or other material transported from the site shall be removed promptly from, as needed, the paved public road (SR-403) to prevent visible fugitive emissions in accordance with 25 Pa. Code § 123.1(c).
18. The Owner/Operator shall post a requirement stating, ''All loaded trucks exiting the plant property shall be properly tarpaulin covered'' (25 Pa. Code § 127.12b).
19. The Owner/Operator shall perform a daily inspection of the Facility for the presence of fugitive and visible emissions. Records of each inspection shall be maintained in a log and include any corrective actions taken (25 Pa. Code § 127.12b).
20. The Owner/Operator shall maintain the following 12-month rolling totals (25 Pa. Code § 127.12b):
a. Tons of raw coal processed at the Facility.
b. Tons of clean coal shipped from the Facility by truck.
c. Tons of oversize coal shipped from the Facility by truck.
d. The number of hours the emergency diesel engine operated using a nonresettable hour meter.
21. The Facility is subject to New Source Performance Standards for Coal Preparation Plants (40 CFR Part 60, Subpart Y). 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 19103-2029Department of Environmental Protection
Air Quality Program
400 Waterfront Drive
Pittsburgh, PA 15222-474522. 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).
23. 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 (25 Pa. Code § 127.12b).
24. 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 (25 Pa. Code § 127.12b).
25. 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 (25 Pa. Code § 127.12b).
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 subpart a above, 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 (related 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 said sources and associated air cleaning devices with such measuring and recording equipment, including equipment recording visual observations, as the Department deems necessary and proper for performing its duties and for the effective enforcement of the APCA and regulations adopted under the act.
b. Nothing in this plan approval condition shall limit the ability of the EPA to inspect or enter the premises of the permittee in accordance with section 114 or other applicable provisions of the CAA.
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:
Regional Air Program Manager
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 1522213. 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.
14. A person may not cause or permit the operation of a source subject to § 127.11 (relating to plan approval requirements), unless the source and air cleaning devices identified in the application for the plan approval and the plan approval issued to the source, are operated and maintained in accordance with specifications in the application and conditions in the plan approval issued by the Department. A person may not cause or permit the operation of an air contamination source subject to this chapter in a manner inconsistent with good operating practices.
Those 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 Alan Binder, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. Each written comment must contain the following:
Name, address and telephone number of the person submitting the comments.
Identification of the proposed Plan Approval (specify the Plan Approval number).
Concise statements regarding the relevancy of the information or objections to issuance of the Plan Approval.
The comments must be received prior to the close of business 30 days after the date of this publication. For additional information you may contact Alan Binder at (412) 442-4168.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.
AMS 08255: Sunoco, Inc.--R&M (3144 Passyunk Avenue, Philadelphia, PA 19145) for an improvement project on their 865 Hydrodesulfurization Unit in the City of Philadelphia, Philadelphia County. The improvement project includes installing two jumpover lines to bypass feed tanks, modifying two heat exchangers, installing a hydrogen purification unit, nitrogen blanketing of two fuel oil tanks and feed pump improvements. As a result of the project, CO emissions will increase by 6.6 tpy, VOC emissions will increase by 1.0 tpy, NOx emissions will increase by 9.4 tpy, SO2 emissions will increase by 3.7 tpy, and PM10 emissions will increase by 0.6 tpy. The plan approval will contain operating, monitoring, recordkeeping, and reporting requirements to ensure operation within all applicable requirements.
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.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, Facilities Permitting Chief, (814) 332-6940.
20-00123: Lord Corp.--Mechanical Products Div. (124 Grant Street, Cambridge Springs, PA 16403) for a Title V Operating Permit Re-issuance to operate a Fabricated Rubber Products manufacturing facility, located in the Borough of Cambridge Springs, Crawford County.
Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19428, Janine Tulloch-Reid, Facilities Permitting Chief, (484) 250-5920.
23-00091: Union Packaging, LLC (6250 Baltimore Avenue, Yeadon, PA 19050) for operation of rotogravure and flexographic presses in Yeadon Borough, Delaware County. This action is a renewal of the State-only Operating Permit (Natural Minor), which was issued on March 18, 2004. The renewal contains all applicable requirements including monitoring, recordkeeping and reporting designed to keep the facility operating within 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.
06-03066: Kief Industries, Inc. (331 June Avenue, Blandon, PA 19510) for operation of metal castings in Maidencreek Township, Berks County. The State-only operating permit shall contain testing, monitoring, recordkeeping and reporting requirements, emission restrictions and work practice standards designed to keep the facility operating within all applicable air quality requirements.
67-03034: B-Way Corp. (599 Davies Road, York, PA 17402) for their metal can manufacturing facility in Springettsbury Township, York County. This is a renewal of the State-only operating permit issued in February 2004.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
26-00045: Coolspring Stone Supply, Inc. (P. O. Box 1328, Uniontown, PA 15401) for limestone production at their Coolspring Quarry in North Union Township, Fayette County. This is a renewal of their State-only Operating Permit issued in 2004.
63-00646: Ritchey Metals Co., Inc. (30 Georgetown Road, Canonsburg, PA 15317) for zinc and aluminum alloys manufacturing at their Hendersonville Plant in Cecil Township, Washington County. This is a renewal of their State-only Operating Permit, last renewed in 2004.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.
61-00191: Seneca Printing & Label, Inc. (1642 Debence Drive, Franklin, PA 16323) for re-issuance of a Synthetic Minor permit to operate a commercial printing facility in Sandycreek Township, Venango County. The significant sources included, plant heating system, pressroom (Lithographic presses) (34), miscellaneous fugitive emission sources and three degreaser units. The facility has taken restriction on VOC emission. The VOC emission from the facility shall not exceed 49.5 tpy to qualify as synthetic minor.
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