873 Keystone Cement Company v. DEP; EHB doc. no. 95-151-MG

ENVIRONMENTAL
HEARING BOARD

Keystone Cement Company v. DEP; EHB Doc. No. 95-151-MG

[26 Pa.B. 2457]

   The Department of Environmental Protection (Department) and Keystone Cement Company (Keystone) have agreed to a partial settlement of the above-captioned matter regarding its two cement kilns located in East Allen Township, Northampton County.

   The Department had issued Air Quality Operating Permits (Permits) to Keystone on June 19, 1995, authorizing Keystone to operate the cement kilns in accordance with the waste fuel feed rates, emission limitations, monitoring requirements and other conditions set forth in the Permits. Keystone filed a timely appeal challenging the waste fuel feed rates, emission limitations, the requirement to perform a risk assessment and other permit conditions.

   The parties have agreed to a partial settlement, the major provisions of which include:

   1.  Within 30 days, the Department will prepare, for publication and comment, the following draft modifications to Keystone's Permits, published in the Pennsylvania Bulletin on August 12, 1995:

   a.  Condition No. 6, relating to the metal concentration limits, shall be modified to read as follows:

   The Permittee shall not fire any waste fuels in the cement kiln having as fired metal concentrations in excess of the following limits:

arsenic	--     100 ppm
beryllium	--       20 ppm
cadmium	--   1000 ppm
hexavalent chromium	--   1000 ppm
mercury	--       10 ppm
nickel	--   1000 ppm
lead	--   2500 ppm

   The Permittee shall not accept waste fuels with metal concentrations limits in excess of the ''as fired'' limits, unless Permittee applies for and receives a hazardous waste treatment permit authorizing the blending of the waste fuels or the Department or Environmental Quality Board determines that such a permit is not required.

   b.  Condition No. 11e, relating to the automatic operation of the interlocks with visible air contaminants, shall be modified to read as follows:

   Visible air contaminants from the kiln as measured by opacity is equal to or greater than 20% for any 6 minute rolling average, or equal to or greater than 60% for any 1 minute block average.

   c.  Condition No. 13, relating to stack sampling for metals, chlorine and particulates, shall be deleted. (See Paragraph 2.e. below.)

   d.  Condition No. 14, relating to stack sampling for PCDD and PCDF, shall be deleted. (See Paragraph 2.e. below.)

   e.  Condition No. 15, which requires stack sampling for arsenic, beryllium, cadmium, hexavalent chromium, mercury, nickel, lead, HCl, chlorine, particulates, PCDD and PCDF, at a frequency prescribed by the Department but at a minimum every 6 months for the first 18 months, then annually thereafter, shall be modified to read as follows:

   The Permittee shall conduct stack sampling for the following pollutants on an annual basis: arsenic, beryllium, cadmium, hexavalent chromium, mercury, nickel, lead, HCl, chlorine, particulates, PCDD and PCDF. All stack sampling and analysis shall be conducted by an independent Department approved third party and shall be conducted while the source is operating at maximum routine operating conditions. The Department reserves the right to require the Permittee to sample the emissions in accordance with such methods and procedures and at such locations and intervals of time as the Department may reasonably prescribe and provide the Department with the results, as authorized by law.

   f.  Condition No. 24, relating to notification of the Department in the case of exceedances of emission limits, shall be modified to read as follows:

   The Permittee shall promptly notify the Department at [phone] of the sources or associated air cleaning devices which results in, or may possibly be resulting in, the emission of air contaminants in excess of the regulation contained in Article III of the Rules and Regulations of the Department of Environmental Resources.

   2.  The Department and Keystone will follow the public notice provisions set forth in 25 Pa. Code § 127.424, and the Department will take final action on the modifications after consideration of any comments received.

   3.  Keystone will not appeal the final modifications as long as the terms and conditions thereof are not materially different from those set forth above, but reserve the right to appeal the final modifications if they are materially different.

   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, [phone];

   Howard J. Wein, Esquire, Klett, Lieber, Rooney & Schorling, One Oxford Centre, 40th Floor, Pittsburgh, PA 15219-6498, [phone];

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

   Persons who are aggrieved by the above settlement have 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.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at [phone]. TDD users may telephone the Board through the AT&T Pennsylvania Relay Center at 1 [phone].

   Appeals shall be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement, if no objection is timely filed with the Board.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 96-873. Filed for public inspection May 24, 1996, 9:00 a.m.]