SC Administrative Law Court Decisions

On October 15, 2001, the South Carolina Department of Health and Environmental Control (DHEC), Bureau of Air Quality, issued Title V Operating Permit Number TV-1280-0001 to International Paper Company's Hampton facility. International Paper (IP) filed a Request for Contested Case Hearing challenging various provisions of the permit.

The parties have now reached a settlement of the issues raised in the Request for Contested Case Hearing. With the consent of the parties, it is therefore

ORDERED as follows:

1. Part 6.0, Section B (6), shall be revised to read as follows:

The owner/operator shall maintain resin usage records for all VOC containing resins. Based on the 1997 Air Emissions Inventory, the owner/operator has calculated that resins used at the facility emit, on average, 0.13 pounds of VOCs per pound of resin used. The owner/operator shall calculate average VOC emissions by multiplying the pounds of resin used each month by 0.13. Average VOC emissions shall be calculated on a monthly basis and as a twelve-month rolling sum. This calculation is an average number, not actual VOC emissions, and is provided for the purpose of demonstrating compliance with LAER requirements. If the twelve-month rolling sum of average VOC emissions pursuant to this paragraph exceeds 6360 tons, the owner/operator shall in the next month begin calculating actual VOC emissions. These actual VOC emission calculations shall be performed for as long as the twelve-month rolling sum exceeds 6360 tons. Actual VOC emission calculations shall be based on resin usage and in accordance with methods approved by the Department. The twelve-month rolling sum of actual VOC emissions shall not exceed 8480 tons. The owner/operator shall maintain resin usage records and calculations for a period of at least five (5) years from the date generated and shall make these records available to Department personnel upon request. Semi-annual Reports including all recorded parameters and calculated values shall be submitted to the Manager of the Technical Management Section, Bureau of Air Quality, postmarked no later than 30 days after the end of the reporting period.

2. Attachment C, Table 3, shall be deleted from the permit.

3. The permit shall be amended by adding an Attachment D, which shall consist of a letter from the Bureau of Air Quality to IP clarifying the Bureau's interpretation of Attachment A. This letter shall be substantially the same as the July 23, 2001, letter from the Bureau of Air Quality to IP-Georgetown Container, incorporated as Attachment D to Title V Operating Permit No. TV-1140-0044. IT IS FURTHER ORDERED that this matter be dismissed. The conditions of Title V Operating Permit Number TV-1280-0001 which are modified by this order shall be effective on the date IP receives a copy of the modified permit. All unappealed terms of the permit, including the dates for semi-annual and annual reports and the annual compliance certification, were effective on November 1, 2001.

______________________________________

Ralph King Anderson, III

Administrative Law Judge

April 23, 2002

Columbia, South Carolina

WE CONSENT: