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PA Bulletin, Doc. No. 08-2113


Notice of Proposed General Permit and/or General Operating Permit for Hot Mix Asphalt Plants (BAQ-GPA/GP-13)

[38 Pa.B. 6425]
[Saturday, November 22, 2008]

   The Department of Environmental Protection (Department) proposes to issue General Plan Approval and/or Operating Permit (BAQ-GPA/GP-13 or General Permit) for Hot Mix Asphalt Plants (hereinafter referred to as HMA plants) which contains a Best Available Technology (BAT) determination and other applicable requirements.

   The proposed General Permit, BAQ-GPA/GP-13, developed under the authority of section 6.1(f) of the Air Pollution Control Act (35 P. S. § 4006.1(f)) and 25 Pa. Code § 127.611 (relating to general plan approval and general operating permits), will apply to the construction, operation and modification of both new and existing HMA plants.

   This proposed General Permit is limited to the construction, operation and modification of HMA plants that are located at facilities for which a valid mining permit or an air quality operating permit exists for the operation of the facility.

   The proposed General Permit contains conditions that prescribe applicability, emission limitations, compliance, notification, monitoring, recordkeeping, reporting and administrative requirements. The proposed General Permit establishes restrictions and BAT requirements for HMA plants that are consistent with current industrial practices.

   Prior to initiating construction or modification and operation using BAQ-GPA/GP-13, the owner or operator of a HMA plant must submit an application form provided by the Department to the appropriate regional office. At least 15 working days prior to submitting the BAQ-GPA/GP-13 application to the Department, a copy of the application must be submitted to the municipality where the source will be located. Proof of the municipal notice must accompany the application subsequently submitted to the Department.

   A permittee using this General Permit shall comply with the terms and conditions of the general plan approval and/or general operating permit.

   This General Permit has been established in accordance with the provisions described in 25 Pa. Code Chapter 127, Subchapter H (relating to general plan approvals and operating permits) and is not applicable to a HMA plant regulated by the requirements of 25 Pa. Code Chapter 127, Subchapters D, E and G (relating to prevention of significant deterioration of air quality; new source review; and Title V operating permits).

   Along with conventional fuels like propane, natural gas, No. 2 fuel oil and No. 4 fuel oil, the General Permit allows the use of biodiesel, on-specification waste derived liquid fuel and other alternative fuels in the HMA plant's rotary dryer. The permittee shall, upon the request of the Department, provide fuel analyses or fuel samples of the fuel used in any of the units authorized to operate under this general permit.

   Within 180 days of the commencement of operation of any HMA plant at the respective site, the permittee shall perform a source test to establish the baseline emissions of filterable particulates, NOx, and CO, VOCs, PM10 and PM2.5 (total PM10 and PM2.5 for new plants). The permittee shall conduct a burner tuning procedure in accordance with the manufacturer's specifications to minimize NOx and CO emissions each year after the initial stack test mentioned previously.

   The authorization to construct and/or operate a HMA plant under this proposed General Permit will be granted for a fixed period of 5 years.

   The proposed General Permit establishes the following fees:

a.  General Plan Approval application fee: $1,000
A new application and fee must be submitted to Department each time the permittee installs or modifies a HMA plant. The installation or modification of a HMA plant must be conducted according to the terms and conditions of this General Permit.
b.  General Operating Permit fees shall be submitted along with the BAQ-GPA/GP-13 application: $375
c.  The General Operating Permit renewal fee shall be payable every 5 years: $375
d.  Annual operating permit administration fees shall be payable on an annual basis: $375

   Interested parties are encouraged to obtain and review a complete copy of this proposed General Permit 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. TDD users may telephone the Department through the Pennsylvania AT&T Relay Services, (800) 654-5984. Internet users can access a copy of the General Permit at (DEP Keyword: Air Quality Home).

   The Department invites written comments on the proposed General Permit. Notice and opportunity for comment will also be provided to the United States Environmental Protection Agency and the States of Delaware, Maryland, New Jersey, New York, Ohio, Virginia and West Virginia. Interested persons may submit written comments, suggestions or objections to Virendra Trivedi, Environmental Engineer Manager, New Source Review Section, Division of Permits, Bureau of Air Quality, 12th Floor, Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468. The Department will also consider written requests that a public hearing be held concerning this proposed General Permit. Written public comments must be submitted to the Department by January 9, 2009. Comments received by facsimile will not be accepted.

Acting Secretary

[Pa.B. Doc. No. 08-2113. Filed for public inspection November 21, 2008, 9:00 a.m.]

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