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PA Bulletin, Doc. No. 98-1502

NOTICES

ENVIRONMENTAL HEARING BOARD

Connaught Laboratories, Inc. (d/b/a Pasteur Merieux Connaught) v. DEP; EHB Doc. No. 97-264-MR

[28 Pa.B. 4682]

   The Commonwealth of Pennsylvania, Department of Environmental Protection (Department) and Connaught Laboratories, Inc. d/b/a Pasteur Merieux Connaught (Connaught) have agreed to a settlement of the above matter regarding its facility located in Pocono Township, Monroe County.

   On November 3, 1997, the Department issued Connaught an air quality plan approval to authorize construction and installation of a new boiler fired with No. 6 fuel oil. Connaught filed a timely appeal challenging three conditions involving the emission limitation for nitrogen oxides (NOx), the monitoring requirement for the sulfur content in No. 6 fuel oil and the monitoring requirement for the nitrogen content in No. 6 fuel oil.

   The parties have agreed to a settlement which is contained in a Consent Adjudication and Order filed with the Board, the major provisions of which include:

   1.  Within 30 days following the Board's approval of the Consent Adjudication and Order, the Department will prepare and submit for publication a draft operating permit which contains the following conditions:

   a.  Under the Best Available Control Technology provision of 25 Pa. Code, Chapter 127, the facility is subject to the following air contaminant emission limitations:

Pollutant Emission Rate
NOx 400 PPM at 3% O2

   The above limit is applicable only for No. 6 fuel oil containing less than or equal to 0.5% nitrogen by weight.

   For No. 6 fuel oil containing more than 0.5% nitrogen by weight, the applicable Nox emission rate shall be calculated by the following formula.

   Lb Nox/1000 gal = 20.54 + 104.39(N)

   Where N is the weight % of nitrogen in the No. 6 fuel oil.

   b.  The company shall monitor sulfur content in No. 6 fuel oil by certification from the fuel supplier for each shipment prior to any amount of fuel oil being combusted. The certification required by this condition may be based on sampling by the fuel supplier of the oil placed in storage in the tank or tanks from which the fuel supplier draws oil for shipment to the permittee.

   c.  The company shall maintain, onsite, a fuel certification from the fuel supplier of the nitrogen content of the fuel, and identification of the sampling method and sampling protocol for each shipment. The certification required by this condition may be based on sampling by the fuel supplier of the oil placed in storage in the tank or tanks from which the fuel supplier draws oil for shipment to the permittee.

   2.  Within 60 days following the close of the public comment period, the Department will take final action on Connaught's operating permit.

   3.  The Board's approval of this Consent Adjudication and Order shall terminate the appeal with prejudice.

   Copies of the full agreement are in the hands of:

   Barbara L. Smith, Assistant Counsel, Office of Chief Counsel, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) 826-2519;

   R. Timothy Weston, Esquire, Kirkpatrick & Lockhart, LLP, Payne-Shoemaker Building, 240 North Third Street, Harrisburg, PA 17101-1507, (717) 231-4500

and at the Offices of the Environmental Hearing Board and may be reviewed by any interested party on request during normal business hours.

   Any person aggrieved by the above settlement has a right to appeal to the Environmental Hearing Board, Rachel Carson State Office Building, 400 Market Street, 2nd Floor, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals shall be filed within 20 days of this publication.

   If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at (800) 654-5984.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 98-1502. Filed for public inspection September 11, 1998, 9:00 a.m.]


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