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PA Bulletin, Doc. No. 13-188

NOTICES

Plan Approval and Operating Permit Exemptions

[43 Pa.B. 742]
[Saturday, February 2, 2013]

 Under 25 Pa. Code § 127.14 (relating to exemptions), the Department of Environmental Protection (Department) may determine sources or classes of sources which may be exempt from the plan approval and permitting requirements of 25 Pa. Code Chapter 127 (relating to construction, modification, reactivation and operation of sources). In accordance with 25 Pa. Code § 127.14(d), the listing of these determinations is being revised and a draft is now available. The Department is reproposing this technical guidance document for Category No. 33 pertaining to compressed natural gas fueling and Category No. 38 pertaining to oil and gas exploration, development, production facilities and associated equipment since changes have been made to the previously proposed document, on which the public did not have the opportunity to comment. The previously proposed technical guidance document was published at 41 Pa.B. 1066 (February 26, 2011).

 The revised exemption Category Nos. 33 and 38 are as follows:

I. Listing of Plan Approval Exemptions

*  *  *  *  *

B. Section 127.14(a)(8) exemptions that do not require submission of a RFD form

 The following is a list of those sources and classes of sources determined, in accordance with § 127.14(a)(8), to be exempt from the Plan Approval requirements of §§ 127.11 and 127.12. The owner/operator of a facility does not need to submit a Request for Determination of Changes of Minor Significance and Exemption from Plan Approval/Operating Permit (RFD) form for the following sources and classes of sources. Commencements of construction of sources are exempted from the plan approval requirements provided the exemption criteria are met. Unless labeled otherwise, emission rates are to be considered actual tons per year (tpy). Note that certain exceptions and qualifications regarding this list are contained in the discussion that follows the list.

*  *  *  *  *

 33. a) Retail gasoline dispensing facilities and similar vehicle-fueling operations at industrial plant sites.

 b) Compressed natural gas dispensing facilities meeting the following requirements:

 i. Combined NOx emissions from the stationary internal combustion engines at a facility less than 100 lbs/hr, 1000 lbs/day, 2.75 tons per ozone season (period beginning May 1 of each year and ending on September 30 of the same year) and 6.6 tons per year on a 12-month rolling basis. The emission criteria do not include emissions from sources which are approved by plan approvals or the general permit or emissions from sources approved under Category 33(a) at the facility.

 ii. Combined VOC emissions from all the sources at the facility less than 2.7 tons on a 12-month rolling basis. If the VOCs include HAPs, the HAP exemption criteria in this paragraph must be met. Compliance with this criterion shall be determined using any generally accepted model or calculation methodology. Combined HAP emissions (not including Polychlorinated Biphenyls (PCBs), Chromium (Cr), Mercury (Hg), Lead (Pb), Polycyclic Organic Matter (POM), Dioxins and Furans) at the facility less than 1000 lbs. of a single HAP or one ton of a combination of HAPs in any consecutive 12-month period. The emission criteria do not include emissions from sources which are approved by the plan approvals or the general permits or emissions from sources approved under Category 33(a) at the facility.

 iii. The owner or operator of the compressed natural gas fueling station shall use forward looking infrared (''FLIR'') detection, a gas leak detector capable of reading methane concentrations in air of 0% to 5% with an accuracy of +/- 0.2% or any other leak detection monitoring device or process approved by the Department for the detection of leaks. If a gas leak detector is used, a leak shall be detected by placing the probe inlet at the surface of a component. After the initial evaluation, FLIR, a gas leak detector as previously defined or any other Department approved monitoring device or process shall be used on an annual basis to detect leaks. If a leak is detected, the owner or operator of the facility shall quantify and repair the leak to operate with less than a concentration of 2.5% methane as expeditiously as practicable, but no later than thirty (30) days after the leak is detected. Such leaks and the repairs must be recorded. The Department may grant an extension for leak detection deadlines or repairs upon receipt of a written request from the owner or operator of the facility documenting the justification for the requested extension.

*  *  *  *  *

 38. Oil and gas exploration, development, production facilities and associated equipment which meet the following requirements:

 i. Wells, wellheads, and associated equipment subject to 40 CFR Part 60 Subpart OOOO provided the exemption criteria specified in Paragraphs iii, iv, v, vi and vii as applicable are met.

 ii. Conventional wells, wellheads and associated equipment.

 iii. The owner or operator of the well heads and storage vessels/storage tanks shall within 60 days after the completion of the well use forward looking infrared (''FLIR'') detection, a gas leak detector capable of reading methane concentrations in air of 0% to 5% with an accuracy of +/- 0.2% or any other leak detection monitoring device or process approved by the Department for the detection of leaks. If a gas leak detector is used, a leak shall be detected by placing the probe inlet at the surface of a component. After the initial evaluation, FLIR, a gas leak detector as previously defined or any other Department approved monitoring device or process shall be used on an annual basis to detect leaks. If a leak is detected, the owner or operator of the facility shall quantify and repair the leak to operate with no detectable organic emissions consistent with 40 CFR Part 60 Subpart OOOO, or be less than a concentration of 2.5% methane as expeditiously as practicable, but no later than thirty (30) days after the leak is detected. Such leaks and the repairs must be recorded. The Department may grant an extension for leak detection deadlines or repairs upon receipt of a written request from the owner or operator of the facility documenting the justification for the requested extension.

 iv. Storage vessels/storage tanks equipped with VOC emission controls achieving emission reduction of 95% or greater. Compliance shall be demonstrated in accordance with 40 CFR Part 60 Subpart OOOO.

 v. Combined VOC emissions from all the sources at the facility less than 2.7 tons on a 12-month rolling basis. If the VOCs include HAPs, the HAP exemption criteria in this paragraph must be met. Compliance with this criterion shall be determined using any generally accepted model or calculation methodology. Combined HAP emissions (not including Polychlorinated Biphenyls (PCBs), Chromium (Cr), Mercury (Hg), Lead (Pb), Polycyclic Organic Matter (POM), Dioxins and Furans) at the facility less than 1000 lbs. of a single HAP or one ton of a combination of HAPs in any consecutive 12-month period. The emission criteria do not include emissions from sources which are approved by the plan approvals or the general permits at the facility and the emissions from well heads meeting the exemption criteria specified in Paragraphs iii, iv or vi.

 vi. Flaring operations used at a wellhead subject to 40 CFR Part 60 Subpart OOOO requirements. Flaring used by exploration wells drilled to determine whether oil and/or gas exists in a geological formation or to appraise the physical extent, reserves and likely production rate of an oil or gas field. Enclosed flares used for other operations at a wellhead or facility. Unenclosed flares used for repair, rework or re-completion at a wellhead. Flare operations required for emergency or safety purposes provided the Department is notified of the emergency or safety issue within 24 hours.

 vii. Combined NOx emissions from the stationary internal combustion engines at a facility less than 100 lbs. /hr., 1000 lbs. /day, 2.75 tons per ozone season (period beginning May 1 of each year and ending on September 30 of the same year) and 6.6 tons per year on a 12-month rolling basis. The emission criteria do not include emissions from sources which are approved by plan approvals or the general permit at the facility.

 viii. Non-road engines as defined in 40 CFR, Part 89.

 The owner or operator must comply with all applicable requirements including notification, recordkeeping, and reporting requirements as specified in 40 CFR Part 60 Subpart OOOO. The owner or operator must also demonstrate to the Department compliance with the exemption criteria using any generally accepted model or calculation methodology within 180 days of after the well completion or installation of a source.

 The owners and operators of sources not meeting the requirements under (i)—(viii) of this category may submit a Request for Determination (RFD) form to the Department. If the RFD is not approved by the DEP, an application seeking authorization to use a general permit or a plan approval application should be submitted to the Department, as appropriate.

 The Department invites written comments on this proposed exemption 38 of the plan approval and operating permit exemptions. Notice and opportunity for comment will also be provided to the United States Environmental Protection Agency and Delaware, Maryland, New Jersey, New York, Ohio, Virginia and West Virginia. Interested persons may submit written comments, suggestions or objections to Krishnan Ramamurthy, Environmental Program Manager, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, kramamurth@pa. gov. Written public comments must be submitted to the Department no later than March 19, 2013. Comments received by facsimile will not be accepted.

 Following the comment period, the listings will be revised, as appropriate, and published in final-form in the Pennsylvania Bulletin. Interested parties are encouraged to obtain and review a copy of this proposed plan approval and operating permit exemptions by contacting Jeanette Van Skike, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4325, jvanskike@state.pa.us. TDD users may telephone the Department through the Pennsylvania AT&T Relay Service (800) 654-5984. Internet users can access a copy of this document at http://www.dep.state.pa.us (DEP Keyword: Air Quality Home).

MICHAEL L. KRANCER, 
Secretary

[Pa.B. Doc. No. 13-188. Filed for public inspection February 1, 2013, 9:00 a.m.]


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