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PA Bulletin, Doc. No. 03-405


Plan Approval and Operating Permit Exemptions

[33 Pa.B. 1294]

   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 § 127.14(d), the listing of these determinations is being revised and a draft is now available. After a 30-day comment period, the listings will be revised, as appropriate, and published in final-form in the Pennsylvania Bulletin.

   The following changes are proposed to the listing as last published at 31 Pa.B. 6346 (November 17, 2001).

   1.  Clarify that categories 6 and 7 of the plan approval exemptions are for internal combustion engines by replacing the word ''generators'' in items 6 and 7 with ''internal combustion engines.''

   2.  Add a plan approval exemption for: ''Coal and non-metallic mineral handling activities directly associated with either deep or surface mines that consist only of conveyors and non-vibratory screens (aka. grizzlies). This exemption includes internal combustion engines meeting the criteria for plan approval exemption described in category 6 above.''

   3.  Add a plan approval exemption for: ''Portable crushers that are controlled with properly located water sprays or with fabric filters, have a rated capacity of less than 150 tons per hour, operated during daylight, and located on a site for less than 60 days; provided, however, that the crushers do not process materials containing asbestos. This exemption includes internal combustion engines meeting the criteria for plan approval exemption described in category 6 above.''

   4.  Add to categories 3 and 10 the following provision: ''This exemption includes internal combustion engines meeting the criteria for plan approval exemption described in category 6 above.''

   Bring these similar plan approval exemption categories 3 and 10 together in the list with the portable crusher (item 2) and coal and nonmetallic mineral handling activities (item 3) so that these exemptions can be read together to make the distinctions easier to understand. The plan approval exemption previously numbered 3 will become category 9 and the previous additions become categories 11 and 12.

   5.  Revise category 24 of the plan approval exemptions by the addition of the condition that the exempt processes be controlled by fabric collectors ''designed to have emission rates that are less than 0.01 gr/dscf.'' This revision will give further definition to what are appropriately designed fabric collectors.

   6.  Clarification of category 41 to allow for exemption of facilities using a combination of organic and metal-containing lubricants if the specified furnace operating conditions and emission rates are met. This will be done by breaking the first paragraph into two paragraphs, the second paragraph beginning with the fifth sentence which will be revised as follows: ''A sintering furnace using only metal containing lubricants may be exempted . . . .''

   A fourth paragraph will be added as follows:

   ''Facilities that use both organic and metal-containing lubricants are exempted if the lubricants are less than 0.75% organic lubricant by weight; and, the furnace is designed and operated as described in the preceding paragraph and emits particulate matter at rates less than 0.15 lb./hr. (determined by mass balance or stack tests).''

   7.  Add a plan approval exemption for: ''Remediation of gasoline or fuel oil contaminated soil, groundwater or surface water by equipment installed, maintained and operated as provided herein. All air exhaust points are controlled by dual, activated carbon beds operating in series or a thermal/catalytic oxidizer. For activated carbon beds, monitoring (e.g., intrinsically safe ionization detector) at an appropriate frequency (e.g., one-fourth the predicted time to breakthrough of the first bed) must be performed at the inlet, between the first and second beds and after the second bed. If breakthrough of the first bed is detected, the first bed is removed, the second bed is shifted to the first position and the new bed is placed in the second position. Monitoring, operating, and maintenance records are maintained and available to the Department upon request.

   Equipment installed and operated as described above must be designed to achieve a minimum VOC control efficiency of 90%. As long as actual annual emissions after control are less than one TPY VOC or HAPs, the remediation project is determined to be of minor significance in accordance with § 127.14.(8), no Air Quality Plan Approval is required and no Request for a Determination (RFD) needs to be filed. Other remediation projects may be considered for exemption via a Request For Determination and may be required to obtain Plan Approval at the discretion of the Department on a case-by-case basis.''

   8.  Revise categories 29 and 30 of the plan approval exemption list to exempt: ''Degreasing operations using solvents containing no more than 5% VOC by weight, except those emitting more than 2.7 tons of VOCs or those subject to the Federal NESHAP for halogenated solvent cleaners under 40 CFR Part 63.''

   9.  Add a further qualification regarding Plan Approval exempted sources as follows: ''5.  Any sources claiming an exemption based on emission thresholds must keep adequate records to clearly demonstrate to the Department that the applicable thresholds are not exceeded.''

   10.  Add the following clarifying language in the operating permit exemptions section: ''When a RFD is issued for a source not included on the list of trivial activities, the source need not be brought onto the operating permit until the renewal of the operating permit. So long as all applicable requirements are met there is no need to revise an operating permit to include a source installed under an RFD or the de minimis provisions of an operating permit. Only in the case where a physical change of minor significance would violate the terms of an operating permit should a plan approval exemption and a minor permit modification under § 127.462 be processed contemporaneously. A facility that currently has or should have a plan approval or an operating permit is not exempted from the operating permit requirements. However, if the facility would now be eligible for exemption, the owner/operator may submit a RFD in accordance with § 127.14(c).''

   The Department is requesting written comments on the proposed revisions to the permit exemption listings. Interested persons may submit written comments, suggestions or objections to Douglas L. Lesher, Chief, New Source Review/Title V Section, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 772-3375. Public comments must be submitted to the Department within 30 days of the date of this notice in the Pennsylvania Bulletin. Comments received by facsimile or e-mail will not be accepted.

   Copies of the proposed revisions to the Plan Approval and Operating Permit Exemptions List may be obtained by contacting Douglas Lesher at the previous address or by e-mail to TDD users may telephone the Department through the AT&T Relay Service, (800) 654-5984. Internet users can access a copy of the exemptions list at Choose Public Participation, Proposals Open for Comment, Draft--Other Proposals, Plan Approval and Operating Permit Exemptions.

Acting Secretary

[Pa.B. Doc. No. 03-405. Filed for public inspection March 7, 2003, 9:00 a.m.]

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