1487 P. H. Glatfelter Company v. DEP; EHB doc. no. 95-242-C

ENVIRONMENTAL
HEARING BOARD

P. H. Glatfelter Company v. DEP; EHB Doc. No. 95-242-C

[26 Pa.B. 4370]

   The Department of Environmental Protection (Department) and P. H. Glatfelter Company (Glatfelter) have agreed to a settlement of the above matter. By a letter dated October 4, 1995, the Department denied Glatfelter's request for a determination that Glatfelter's proposed RACT/MACT strategy for controlling emissions of volatile organic compounds from its Kraft pulp and paper mill in Spring Grove, York County, qualifies for the pollution control exclusion from review under the Prevention of Significant Deterioration (PSD) requirements codified at 40 CFR Part 52, which are incorporated by reference in Pennsylvania's regulations at 25 Pa. Code §§ 127.81--127.83. The parties have agreed to a settlement, the major provisions of which include:

   1.  On or before October 31, 1996, Glatfelter will submit to the Department complete applications to modify Operating Permits Nos. 67-306-006 and 67-315-008 that satisfy all applicable requirements of 40 CFR 52.21. Provided that those applications satisfy all of the applicable requirements, the Department will delete from Operating Permit No. 67-306-006 the condition that restricts the periods during which Glatfelter may operate Power Boiler No. 3.

   2.  On or before October 31, 1996, Glatfelter will submit to the Department a complete application to modify RACT Plan Approval No. 67-2004 that provides for the implementation of a volatile organic compound control system having a destruction efficiency of at least 95%, satisfies either the applicable PSD requirements or the applicable requirements of the pollution control exclusion from PSD review and provides for the installation of low-NO_x burners with overfire air on Power Boiler No. 3.

   3.  Provided that Glatfelter's application to modify RACT Plan Approval No. 67-2004 satisfies the applicable requirements, the Department will modify the RACT Plan Approval by revising the list of volatile organic compound sources to be controlled, providing that the annual heat input restriction on Power Boiler No. 3 shall not be applicable after low-NO_x burners with overfire air go into operation on Power Boiler No. 3, and revising the implementation schedule in the Plan Approval. The Department will submit the modified Plan Approval to the United States Environmental Protection Agency for approval as a revision to Pennsylvania's State Implementation Plan.

   4.  Glatfelter will pay a civil penalty in the amount of $50,000 to the Clean Air Fund within 15 days after the date of the settlement agreement.

   Copies of the full agreement are in the possession of:

   Glenn L. Unterberger, Esquire, Ballard Spahr Andrews & Ingersoll, 1735 Market Street, 51st Floor, Philadelphia, PA 19103-7599, [phone];

   Kurt J. Weist, Assistant Counsel, DEP, 400 Market Street, 9th Fl., P. O. Box 8464, Harrisburg, PA 17105-8464, [phone];

and at the office 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, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457.

   Appeals shall be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement, which becomes final if no objection is timely made.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 96-1487. Filed for public inspection September 6, 1996, 9:00 a.m.]