ORDERS:
FINAL ORDER AND DECISION
This is a contested case in which Petitioner, E.I. duPont (May Plant) is appealing Air
Construction Permit No. 1380-0003-CF, which was issued by the Respondent, South Carolina Department of
Health and Environmental Control (DHEC), on September 23, 1997. Consistent with the authorities provided
in Rule 33 of the Rules of Procedure for the Administrative Law Judge Division, and pursuant to applicable
rules, including but not limited to Rule 601 of the Procedures for Contested Cases for the South Carolina
Department of Health and Environmental Control, Petitioner and Respondent jointly move for entry of the
attached Consent Order resolving this appeal in accordance with the terms provided below, and both parties
further request that this appeal be dismissed, without prejudice to either party, and the permit as modified
below become effective immediately.
The parties have agreed that Air Construction Permit 1380-0003-CF shall be
modified as follows:
Conditions CF - 8
CF- 10,
CF- 11,
and CF - 14
of the above permit issued on September 13, 1997 shall be null and void as though never included in
the appealed construction permit and without applicability to Respondent. The above referenced
conditions CF - 8, CF - 9, CF - 10 and CF - 11 shall be replaced by the following language:
WET SCRUBBERS
The owner/operator shall install, operate and maintain where
appropriate and applicable, monitoring devices, i.e. pressure
drop indicators, liquid flowmeters, gas flowmeters and pH
meters on each scrubber in accordance with all conditions set
forth for I.D. No 24 of the Master Permit 1380-0003,
effective March 4, 1996 and, where applicable, for these
monitoring devices, i.e. for measuring liquid flow rates,
liquid flow rates gauges shall be readily accessible for
verification by operating personnel and Department personnel
(i.e., on ground level or easily accessible roof level). Each
parameter shall be routinely recorded i.e. at appropriate
intervals, i.e. daily or on each shift, and maintained on site for
a period of at least five (5) years from the date generated and
shall be made available to Department personnel upon
request. Ranges for the monitored parameters and the
methods by which they were developed shall be included in
the Monitoring Plan. Any alternative method for monitoring
scrubber performance may be incorporated into a Monitoring
Plan for this facility and/or incorporated into the permit and
must be approved by the Bureau.
In accordance with and based on all conditions for I.D. No. 24 of the
Master Permit 1380-0003 effective March 4, 1996, the owner/operator
shall prepare a pollution control Monitoring Plan within 180 days of the
issuance of this permit or start-up of this equipment, whichever is later,
which addresses proper monitoring, operation and maintenance of the
source or any air pollution control devices for I.D. No. 24 of the Master
Permit 1380-0003 effective March 4, 1996. This Monitoring Plan shall be
maintained at the facility and made available to Department personnel
upon request. This plan shall include the monitoring parameters,
calibration and inspection schedules for the various equipment. This plan
shall be updated to reflect changes in monitoring parameters, operations,
equipment, etc. prior to the initiation of these changes. The Monitoring
Plan (and any subsequent revisions) shall be submitted to the Manager of
the Technical Management Section, Bureau of Air Quality for approval
within 180 days of issuance of this permit or start-up of equipment
whichever is later. Annual reports, including certification of compliance
with the Monitoring Plan, any variances from established parameters in
the Monitoring Plan, and appropriate corrective action taken during the
reporting period shall be submitted to the Manager of the Technical
Management Section, Bureau of Air Quality for approval within
180 days of issuance of this permit or start-up of this equipment whichever
is later. Annual reports, including certification of compliance with the
Monitoring Plan, any variances from established parameters in the
Monitoring Plan, and appropriate corrective action taken during the
reporting period shall be submitted to the Manager of the Technical
Management Section, Bureau of Air Quality postmarked no later than 30
calendar days after the end of the reporting period.
Once the Monitoring Plan is approved by the Department, Respondent shall operate in
accordance with the Monitoring Plan and the monitoring requirements of this Order shall no longer
apply.
The parties agree that no replacement language for CF-14 is currently available and the
Department withdraws the source test requirement at this time.
Additionally, addressing requirements of CF-8, now null and void, Respondent agrees to
conduct an evaluation to determine the more accurate and applicable removal efficiency of process
vents NS55/NS56 and, within at least 60 days prior to start up, will submit such removal efficiencies
to the Department for approval, together with justification for the removal efficiencies, then operate in
compliance with those removal efficiencies once the equipment subject to this construction permit is
put into service.
WE SO MOVE AND CONSENT
Karen Aldridge Crawford Thomas G. Eppink
Attorneys for DuPont Staff Counsel
Nelson Mullins Riley & Scarborough, L.L.C. South Carolina Department of Health and
1330 Lady Street Environmental Control
Columbia, S.C. 29212 2600 Bull Street
(803) 799-2000 Columbia, South Carolina 29201
(803) 734-4910
AND IT IS SO ORDERED:
John D. Geathers
Administrative Law Judge
February 4 , 1998
Columbia, South Carolina |
