823 Proposed revisions to general plan approval and general operating permits for portable nonmetallic mineral processing plants; BAQ-PGPA/GP-3

Proposed Revisions to General Plan Approval and General Operating Permits for Portable Nonmetallic Mineral Processing Plants; BAQ-PGPA/GP-3

[28 Pa.B. 2457]

   The Department of Environmental Protection (Department) proposes to revise the general plan approval and operating permit for Portable Nonmetallic Mineral Processing Plants, BAQ-PGPA/GP-3.

   As originally issued, the general permit did not address the operation of engines used to power many nonmetallic mineral processing plants. Nonmetallic mineral processing plants may either be run by electric motors or diesel engines. The Department has determined that the majority of these plants use diesel engines. Nitrogen oxide emissions from the engines are large enough to in certain instances to trigger major new source review requirements. General permits cannot be used to cover major new source review requirements.

   Proposed revisions to the Portable Nonmetallic Mineral Processing Plants general permit include the following:

   Condition 2 has been revised to clarify and highlight the coverage of the engines. Proposed additions to the permit are italicized and proposed deletions are enclosed in square brackets.

   2.  Applicability/Source Coverage Limitations--Approval herein granted under this Portable Nonmetallic Mineral Processing General Permit is limited to the erection, operation, and modification of portable nonmetallic mineral processing plants: a) which are temporarily (no longer than 24 months) located at construction sites; or, b) which are located at sites for which [the applicant is in possession of] a valid mining permit has been issued or an air quality permit has been previously granted for the operation of a nonmetallic mineral processing plant; and [/or, c)] which are to be located at these previously permitted sites for periods less than 5 years [at sites previously granted air quality permits for the operation of a nonmetallic mineral processing plant]. Nonmetallic mineral processing plants, as defined in 40 CFR 60.670 and 60.671, are designed to process nonmetallic minerals, and consist of affected units like crushers, grinders, screening operations, belt conveyors, bucket elevators, storage bins, bagging operations, and enclosed truck and rail car loading stations. Nonmetallic mineral processing plants also include any engines provided to operate this equipment.***

   Condition 5 of the general permit is being revised to clarify the circumstances. If, after the development of a general permit the Department determines that the subject source cannot be adequately regulated by a general permit the Department could either modify, suspend or revoke the permit and possibly make it unavailable for further use. In other situations the Department may determine that an individual permittee is not complying with applicable terms and conditions of a general permit, in which case the Department could withdraw its authorization to operate under the general permit. As currently drafted the first paragraph of Condition 5 appears as a single sentence. The following revisions specify the circumstances under which the Portable Nonmetallic Mineral Processing Plants general permit is subject to revision, suspension or revocation. This condition also provides that a Permittee's authorization to operate under the general permit may be suspended or revoked.

   5.  Permit Modification, Suspension and Revocation--This Portable Nonmetallic Mineral Processing Plant General Permit may be modified, suspended, or revoked if the Department determines that affected nonmetallic mineral processing plants cannot be regulated under this general permit.[, or the]

   The Department may suspend or revoke the authorization to operate under this Portable Nonmetallic Mineral Processing Plant General Permit if a permittee fails to comply with applicable terms and conditions of the Portable Nonmetallic Mineral Processing Plant General Permit.

   The following recordkeeping requirements have been added to Condition 8:

   8.  Monitoring, Recordkeeping and Reporting--The permittee shall comply with applicable monitoring, recordkeeping and reporting requirements set forth in 25 Pa. Code Chapter 139 (relating to sampling and testing, the Air Pollution Control Act, the Clean Air Act, or the regulations thereunder applicable to the source) and 40 CFR 60.674 and 60.676.

   Records maintained under this general permit shall be kept for a period of 5 years and shall be made available to the Department upon its request. In addition to the recordkeeping requirements in Condition 24, the permittee shall maintain records to demonstrate compliance with this Permit. At a minimum the records shall include the following for each engine:

   a.  The number of hours the engine is operated per month.

   b.  The amount of fuel used per month.

   c.  The degree of ignition retardation for spark ignition engine or injection retardation for compression ignition engine.

   The Department proposes to modify Condition 13 of the general permit concerning prohibited uses. The use of this general permit is limited to the installation of nonmajor sources at minor facilities. Permitting regulations for major sources and facilities must be applied on a case-by-case basis.

   13.  Prohibited Use--Any stationary air contamination source that is subject to the requirements of 25 Pa. Code Chapter 127, Subchapter D (relating to prevention of significant deterioration), 25 Pa. Code Chapter 127, Subchapter E (relating to new source review), and 25 Pa. Code Chapter 127, Subchapter G (relating to Title V operating permits), may not operate or install portable nonmetallic mineral processing plant under this Portable Nonmetallic Mineral Processing Plant General Permit.

   The final change is the addition of NOx emission limitations that would apply to the operation of the engines. Subparagraph d has been added to Condition 16 as follows:

   16.  Limitations--The operation of a portable nonmetallic mineral processing plant shall not at any time result in the emission of:

*      *      *      *      *

   d.  Oxides of nitrogen (NOx), expressed as NO₂, in excess of 25 tons per year, if located in the Southeast Pennsylvania air basin, or 100 tons per year, if located in areas outside of the Southeast Pennsylvania air basin, but is not subject to 25 Pa. Code Chapter 127, Subchapter E (relating to new source review):

   i.  At a minimum engines shall be set and maintained at the maximum possible ignition/injection timing retardation, but not less than 4 degree retardation relative to standard timing.

   ii.  In the absence of site specific stack test results, the NOx emissions may be calculated using:

   A.  Emission factors from the Environmental Protection Agency's publication AP-42, Compilation of Air Pollution Emission Factors; or,

   B.  Other emission estimates approved by the Department.

   The Department requests written comments on the proposed revisions to the Portable Nonmetallic Mineral Processing Plant 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 Douglas L. Lesher, Chief, Title V/NSR Section, Division of Permits, Bureau of Air Quality, 12th Floor Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, [phone]. The Department will also consider written requests that a public hearing be held concerning this proposed general plan approval and operating permit. Public comments must be submitted to the Department within 45 days of the dates of this notice in the Pennsylvania Bulletin. Comments received by facsimile will not be accepted.

   Copies of the proposed revisions to the general permits as now written may be obtained by contacting Kimberly Maneval, Division of Permits, Bureau of Air Quality, 12th Floor Rachel Carson State Office Building, P. O. Box 8468, Harrisburg, PA 17105-8468, telephone [phone]. TDD users may telephone the Department through the AT&T Relay Service, [phone]. Internet users can access a copy of the general permit at http:\\www.dep.state.pa.us.

JAMES M. SEIF,   
Secretary

[Pa.B. Doc. No. 98-823. Filed for public inspection May 22, 1998, 9:00 a.m.]