ORDERS:
ORDER OF DISMISSAL
This matter comes before the Division on Weyerhaeuser Company, Marlboro Paper Mill’s (“Weyerhaeuser”) petition for review of the denial of request for modification of its Construction Permit No. 1680-0043-DG and its Part 70 Air Permitting TV-1680-0043. As a result of discussions between South Carolina Department of Health and Environmental Control (“the Bureau”) and Weyerhaeuser, a tentative agreement has been reached for the facility’s objections to specific conditions in PSD Construction Permit 1680-0043-DG, issued on December 10, 2002, and the Part 70 Air Operating Permit TV-1680-0043, issued on December 31, 2002. The parties have agreed to modifications of the permit conditions and agree that such modifications, once completed, will render the petition against these permits moot.
Specifically, the parties agree that the Bureau will revise the permits as follows:
Construction Permit No. 1680-0043-DG
Amend Section II.A. EMISSION LIMITATIONS to read as follows:
Amend Section II.C. SOURCE TEST SCHEDULE to read as follows:
Amend Section II.D. Conditions No. 9 and No. 13 to read as follows:
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Compliance with this emission limit shall be demonstrated through an initial stack test conducted no later than 180 days after the issue date of this construction permit. For periodic monitoring of PM/PM10 emissions, source testing of the No. 2 NCG Incinerator shall be as follows:
If source test emissions are less than 25% of the limit, then no further testing is required for the life of the permit. If two consecutive annual test emissions are less than 75%, then no further testing is required for the life of the permit. Otherwise, source testing will be conducted on an annual basis.
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Part 70 Air Operating Permit TV-1680-0043
Amend PART 5.0 EMISSION UNIT REQUIREMENTS, D. EMISSION LIMITS AND STANDARDS, TABLE 5.30 EMISSION LIMITS AND STANDARDS to read as follows:
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UA-P4 |
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27.4 TPY |
5B |
SC 61-62.5, Std 7 |
No |
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UA-P4 |
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6.25 lbs/hr |
5B |
SC 61-62.5, Std 2 SC 61-62.5, Std 4 SC 61-62.5, Std 7 |
No |
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Amend PART 5.0 EMISSION UNIT REQUIREMENTS, E. EMISSION UNIT CONDITIONS, Condition 16.02 to read as follows:
Amend PART 6.0 MONITORING AND REPORTING REQUIREMENTS, A. MONITORING AND REPORTING, TABLE 6.1 MONITORING AND REPORTING to read as follows:
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UA-P4 |
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6.25 lbs/hr 27.4 TPY |
Source Test |
Annual; or Stop testing if test <25% Limit; or Stop testing after two consecutive tests < 75% Limit (See Condition 16.08 for details) |
Within 30 days of test |
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Amend PART 6.0 MONITORING AND REPORTING REQUIREMENTS, B. Conditions 16.06 and 16.08 to read as follows:
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For periodic monitoring of PM/PM10 emissions, source testing of the No. 2 NCG Incinerator shall be as follows:
If source test emissions are less than 25% of the limit, then no further testing is required for the life of the operating permit. If two consecutive annual tests are less than 75% of the limit, then no further testing is required for the life of the operating permit. Otherwise, source testing will be conducted on an annual basis. The incinerator shall be tested for PM/PM10 using the approved method within 180 days of the effective date of the approval of Method 5B into the Title V permit. |
The parties further agree that the permit modifications described above will be noticed for public comments by September 15, 2005, and will be submitted to the U.S. Environmental Protection Agency (“EPA”) within fifteen (15) days of the final day of the public comment period if the Bureau receives no comments. If no public comments are received by the Bureau or EPA, final approval of the permit modifications described above will be completed no later than December 15, 2005. Should the Bureau and/or EPA receive comments, the permit modifications will be approved in a timely manner.
I find that for good cause shown, and with the consent of the parties, this matter should be and hereby is dismissed upon issuance of the revised permits containing the modifications described above. Jurisdiction will be retained over this matter until the parties provide notice that the modifications have been completed.
AND IT IS SO ORDERED.
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Marvin F. Kittrell
Chief Administrative Law Judge
August 8, 2005
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