Pages

I.              Background/Introduction                                                                                3

II.            Public Participation                                                                                         4

III.          Implementation of the Section 111(d)/129 State Plan                                    6

IV.          Emission Standards and other Requirements                                                7

V.            Compliance Schedule and Increments of Progress                                       10

VI.          Inventory of Designated Facilities                                                                  13

VII.        Emission Inventory For Designated Facilities                                              13

VIII.     Source Surveillance, Compliance Assurance and Enforcement                  14

IX.       Legal Authority to Implement the Section 111(d)/129 State Plan         16

Appendices

I. BACKGROUND/INTRODUCTION

On December 19, 1995, the U.S. Environmental Protection Agency (EPA) promulgated performance standards for new municipal waste combustors (MWCs) and emission guidelines (EG) for existing MWCs under Sections 111 and 129 of the federal Clean Air Act (CAA). The standards of performance for new stationary sources (NSPS) for new MWCs, and the emission guidelines for existing large MWCs are codified at 40 CFR Part 60, Subpart Eb and Subpart Cb, respectively (attached hereto as Appendix A). Subpart Cb applied to existing MWCs, constructed on or before September 20, 1994, located at MWC facilities with an aggregate combustion capacity to burn more than 35 megagrams per day (approximately 39 tons per day) of municipal solid waste.

The emission guidelines established emission levels for MWC organics (dioxins/furans), MWC metals (cadmium, lead, mercury), particulate matter (PM and opacity), MWC gases (hydrogen chloride and sulfur dioxide), nitrogen oxide, and MWC fugitive ash emissions. Subpart Cb also established requirements for operating practices (carbon monoxide, load, flue gas, temperature at the PM control device inlet, and operator training/certification). Compliance must be achieved within three years after approval of the Section 111(d)/129 State Plan by EPA or December 19, 2000, whichever occurred earlier.

On December 6, 1996, the Court of Appeals for the District of Columbia Circuit vacated the 1995 standards and guidelines because the standards failed to require an evaluation of individual MWC units on a unit-by unit basis to determine whether the combustors exceed the 250 tons or more of waste per day capacity. The standards were vacated in their entirety and remanded to EPA for further proceedings because counsel for EPA stated at oral argument that the 1995 standards needed to be vacated in their entirety if the Court decided that MWC units had to be recategorized by unit capacity, Davis County Solid Waste Management District v. EPA, 101 F. 3d 1395 (D.C. Cir 1996).

On February 4, 1997, EPA filed a petition for rehearing on the remedy portion of the Davis opinion, requesting that the Court only vacate the standards and guidelines for cement kilns and combustion units with capacities less than or equal to 250 tons per day. On March 21, 1997, the United States Court of Appeals for the District of Columbia Circuit issued an order and opinion which remanded the standards and guidelines for large MWCs to EPA for recalculation of the maximum achievable control technology (MACT) floors for large combustors. Davis County Solid Waste Management District v. EPA, 108 F. 3d 1454 (D.C. Cir. 1997). Existing large MWC units with a combustion capacity greater than 250 tons per day must comply with the Subpart Cb requirements. On August 25, 1997, EPA promulgated supplemental emission limits for lead, sulfur dioxide, hydrogen chloride and nitrogen oxides because of the revised MACT floors. See 62 Federal Register 45116 (8/25/97). As a result of the Davis decision, the Subpart Cb requirements apply solely to existing large MWC facilities with capacities greater than 250 tons per day.

State plans must include a schedule for compliance with Subpart Cb requirements. All designated MWC units for which construction was commenced after June 26, 1987 must comply with mercury and dioxins/furans emission limits within one year following the issuance of either new or revised federally enforceable state operating permits (FESOPs) or within 1 year following EPA approval of State Plan, whichever is later. The designated large MWC units must comply with the other 1995 emission standards by December 19, 2000. Because of the revised MACT floors, designated facilities must also achieve compliance with the supplemental emission limits for lead, sulfur dioxide, and hydrogen chloride no later than August 26, 2002, or 3 years after EPA approval of the state plan, whichever is first (see 62 FR 45118).

The procedures for adoption and submittal of State Plans are codified in 40 CFR Part 60 Subpart B. The Subpart B provisions were amended by EPA to include specifications that supersede the provision in Subpart B regarding the schedule for submittal of State Plans under Section 129 of the Clean Air Act, the stringency of emission limitations, and the compliance schedule. The Section 111(d)/129 State Plan must be as protective as the Subpart Cb requirements.

The State Plan for large MWC units in the Commonwealth of Pennsylvania has been developed in accordance with Sections 111(d) and 129 of the Clean Air Act. This State Plan includes a demonstration of legal authority, identification of enforceable mechanisms, an inventory of MWC units and emissions, compliance schedules, closure requirements and emissions limitations. As required under 40 CFR Parts 60, Subparts B and Cb, the plan also contains testing, monitoring, recordkeeping, and reporting requirements, a record of the public hearing, and provisions for the submittal of annual progress reports to EPA related to compliance and enforcement.

II. PUBLIC PARTICIPATION [40 CFR §60.23(f)]

Prior to submitting the Section 111(d)/129 State Plan to EPA for approval, the Pennsylvania Department of Environmental Protection (PADEP or Department) held two public hearings for the purpose of accepting testimony on the proposed Section 111(d)/129 State plan for MWCs. The public hearings were held at the following PADEP Regional offices on the following dates and times:

                        January 7, 1998                       Southeast Regional Office

                        Time:  2:00 p.m.                      Main Conference Room

                                                                        555 North Lane, Suite 6010

                                                                        Conshohocken, PA 19428

 

                        January 8, 1998                       Rachel Carson State Office Building

                        Time:  1:00 p.m.                      2^nd Floor Auditorium

                                                                        400 Market Street

                                                                        Harrisburg, PA 17105

The Department provided notice of the date, time and location of the hearings at least 30 days prior to the scheduled date of the hearing, as required under 40 CFR §60.23. The Notice of Public Hearing and opportunity to provide written comments was published in the Pennsylvania Bulletin on December 6, 1997 (27 Pa. B. 6373, 12/6/97) and prominently displayed in the following newspapers of general circulation:
1. Philadelphia Inquirer, Philadelphia, PA (December 6, 1997)
2. Lancaster New Era (December 6, 1997)
3. York Newspaper Co. (December 7, 1997)
4. The Patriot News Co. (December 9, 1997)

The Department also provided notice of the date, time and location of each hearing to EPA, local air pollution control agencies and any state in the interstate region whose air quality may be affected by emissions from MWCs subject to the Subpart Cb requirements.

Persons interested in providing testimony on the proposed Section 111(d)/129 State Plan were required to notify PADEP at least 10 days prior to the hearing to reserve an opportunity to provide testimony. The Department requested that each witness provide three written copies of the oral testimony presented at the hearing.

The public hearings, which began at 2:00 p.m. (Conshohocken) on January 7th and at 1:00 p.m. (Harrisburg) on January 8th were attended by representatives from industry, local government agencies and environmental groups. Testimony was provided by the following: Andrew Szurgot, Vice President, Safety and Environment, American Ref-Fuel Company, Tim Porter, Director, Air Quality Management Wheelabrator Environmental Systems Inc., Jane Garbacz, Citizen Anetha Lue, Environmental Coordinator, Montenay Montgomery Limited Partnership and Maria Zannes, President of Integrated Waste Services Association. A copy of each person's testimony is available for review by the public and will be maintained by PADEP for at least 2 years.

Interested persons were also invited to submit written comments on the proposed State Plan to the Department on or before January 16, 1998. In addition to testimony received at the public hearings, written comments were submitted by Makeba Morris, Chief, Technical Assessment Section, EPA Region III, Daniel Lispi, Project Manager, Harrisburg Materials, Energy, Recycling and Recovery Facility, Glen Hoag, Facility Manager, Ogden Martin Systems of Lancaster, Inc., Jason Rash, Clean Air Council, David Vollero, Manager, York County Solid Waste & Refuse Authority. A Comment and Response Document which addresses the comments received during the public participation process has been prepared by the Department. Copies of the public hearing notices, listing of public hearing attendees, transcripts of the public hearings, written comments and the Comment and Response Document are attached hereto as Appendix B.

In accordance with 40 CFR §60.23(f)(1), the State Plan for large MWCs includes a certification that the public hearings were held in accordance with the criteria specified in 40 CFR §60.23(d). The public hearing certification is attached hereto as Appendix B-2 (relating to public hearing certification).

III. IMPLEMENTATION OF THE SECTION 111(d)/129 STATE PLAN

Owners and operators of existing MWC units who are subject to the Emission Guidelines for large MWCs must demonstrate to the Department that the designated facility is in compliance with the applicable requirements of the Clean Air Act including "a standard or other requirement governing solid waste incineration under Section 129 of the Clean Air Act (42 U.S.C.A §7429). On December 27, 1997, the Department adopted in their entirety and incorporated by reference the Emission Guidelines promulgated in 40 CFR Part 60. See 27 Pa. B. 6809 and 25 Pa. Code §122.3.

The Department will either issue new federally enforceable state-operating permits (FESOPs) or amend existing FESOPs for MWCs to incorporate the applicable requirements in 40 CFR Part 60. Finalized permits will be submitted to EPA no later than June 30, 1998. The revised or newly issued FESOPs issued to owners and operators of existing MWCs will implement the Subpart Cb requirements. The emission guidelines, adopted and incorporated by reference in 25 Pa. Code §122.3 (relating to adoption of standards), will serve as the legally enforceable mechanism to implement the Subpart Cb requirements. For purposes of meeting the requirements of the Section 111(d)/129 State Plan, FESOP terms and conditions, developed pursuant to 40 CFR Part 60, Subparts A, B, Cb, and Eb will be non-expiring and will continue in full force and effect until modified by the Department. Each FESOP will include a reference to applicable definitions in Subparts A, B, Cb, and Eb. Subsequently, FESOP terms and conditions will be included in Title V permits as "applicable requirements."

Subpart Cb requirements for existing large MWCs will be implemented by the Department as follows:

1. PADEP will provide prior written notice to the owners or operators of existing large designated MWCs requiring them to submit a Title V operating permit application to PADEP within 120 days of the date of the notice. §127.505(a).

2. In accordance with the requirements in 25 Pa. Code §§127.12b(b) and 127.441(b), the Department will include the Subpart Cb requirements in FESOPs, Title V permits or plan approvals, if necessary.

3. Upon completion of the technical review, the PADEP will prepare and publish notice in the Pennsylvania Bulletin of action to be taken on the proposed FESOPs, Title V permits or approvals. The public notice procedures set forth in 25 Pa. Code Chapter 127 (relating to construction, modification and reactivation of sources) shall apply.

   PADEP will also provide notice to MWC owners and operators, the EPA, any state within 50 miles of the facility and any contiguous state whose air quality may be affected by a designated MWC plant. The owner or operator of the MWC plant will publish notice of the FESOP, Title V permit or plan approval on at least 3 separate days in a prominent place and site in a newspaper of general circulation in the county in which the designated facility is located (see 25 Pa. Code §§127.424 (b) and 127.521).

4. Prior to issuance of either a new or amended FESOP, Title V permit or plan approval, PADEP will provide at least a 30-day comment period, commencing from the date of publication of the proposed action, for the submission of written comments on the proposed FESOP, Title V permit or plan approval.

5. The Department will submit to EPA copies of proposed FESOPS, Title V permits and plan approvals which require designated facilities to satisfy the Subpart Cb requirements. The Department will include supporting documentation such as review memoranda prepared by PADEP personnel in accordance with 25 Pa. Code §127.522(f). PADEP will not issue a plan approval, FESOP or Title V permit containing the Subpart Cb requirements if EPA provides written notification that the FESOP, Title V permit or plan approval does not comply with the Clean Air Act or the regulations thereunder.

6. Following issuance or modification of FESOPs incorporating Subpart Cb requirements, PADEP will submit the final permits to EPA no later than June 30, 1998. Subsequently, the FESOP terms and conditions will be included in Title V permits as "applicable requirements."

7. Pursuant to 40 CFR §60.25(e), the Department will submit to EPA a report, on an annual basis, which details the progress in the enforcement of the MWC State Plan The first progress report will be submitted to EPA one year after approval of the Section 111(d)/129 State Plan for existing large MWCs. The annual progress report will include the elements described in 40 CFR §60.25(f).

IV. EMISSION STANDARDS AND OTHER REQUIREMENTS
[40 CFR §60.24 and 40 CFR §60.33b and 25 Pa. Code §122.3]

1. Emission Standards

   In accordance with Section 129(b)(2) of the Clean Air Act, Section 111(d)/129 State Plans must include MWC emission limitations of metals, acid gases, organics, and nitrogen oxides that are "at least as protective" as the limitations codified in 40 CFR Part 60, Subpart Cb. The MWC emission limitations are incorporated by reference in their entirety in 25 Pa. Code §122.3 (relating to adoption of standards). As a result, the emission standards in the Commonwealth's Section 111(d)/129 State Plan for MWCs are identical to the standards in 40 CFR §60.33b (relating to emission guidelines for municipal waste combustor metals, acid gases, organics, and nitrogen oxides).

   The owners or operators of designated facilities must comply with emission limits at least as stringent as the emission limits shown below by December 19, 2000. The owners or operators of designated MWC units for which construction was commenced after June 26, 1987 must comply with mercury and dioxins/furans emission limits within one year following the issuance of new/revised federally enforceable state operating permits (FESOPs) or within 1 year following EPA approval of State Plan, whichever is later. In addition, the large MWC units must comply with the "supplemental emission limits" for lead, hydrogen chloride, and sulfur dioxide no later than August 26, 2002, or 3 years after EPA approval of the Plan, whichever is first. The emissions discharged to the atmosphere from large MWCs shall be as least as stringent as the limits for the following pollutants:

   1. Particulate Matter -- 27 milligrams per dry standard cubic meter, corrected to 7 percent oxygen limit for particulate matter is the emission limit for gases discharged to the atmosphere (40 CFR §60.33b(a)(1)(i)).

   2. Opacity -- 10 percent (6-minute average) as specified in 40 CFR §60.33b(a)(1)(iii).

   3. Cadmium -- 0.040 milligrams per dry standard cubic meter, corrected to 7 percent oxygen (40 CFR §60.33b(a)(2)(i)).

   4. Lead -- 0.49 milligrams per dry standard cubic meter, corrected to 7 percent oxygen (40 CFR §60.33b(a)(2) (iii).

      Lead -- 0.44 milligrams per dry standard cubic meter, corrected to 7 percent oxygen (40 CFR §60.33b(a)(3). Compliance must be achieved by August 26, 2002, or 3 years after EPA approval of the Plan, whichever is first.

   5. Mercury -- 0.080 milligrams per dry standard cubic meter or 15 percent of the potential mercury emission concentration (85 percent reduction by weight), corrected to 7 percent oxygen, whichever is less stringent (40 CFR §60.33b(a)(3)). All designated MWC units for which construction was commenced after June 26, 1987 must comply with mercury and dioxins/furans emission limits within one year following the issuance of new/revised federally enforceable state operating permits (FESOPs) or within 1 year following EPA approval of the State Plan, whichever is later.

   6. Sulfur dioxide -- 31 parts per million by volume or 25 percent of the potential sulfur dioxide emission concentration (75 percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. Compliance with the emission limit is based on a 24-hour daily geometric mean (40 CFR §60.33b(b)(1)(i)).

      Sulfur dioxide -- 29 parts per million by volume or 25 percent of the potential sulfur dioxide emission concentration (75 percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. Compliance with the emission limit is based on a 24-hour daily geometric mean (40 CFR §60.33b(b)(3)(i)). Compliance must be achieved no later than August 26, 2002, or 3 years after EPA approval of the Plan, whichever is first.

   7. Hydrogen chloride -- 31 parts per million by volume or 5 percent of the potential hydrogen chloride emission concentration (95 percent reduction by weight or volume) corrected to 7 percent oxygen (dry basis), whichever is less stringent. (40 CFR §60.33b(b)(2)(i)).

      Hydrogen Chloride -- 29 parts per million by volume or 5 percent of the potential hydrogen chloride emission concentration (95 percent reduction by weight or volume), corrected to 7 percent oxygen (dry basis), whichever is less stringent. (40 CFR §60.33b(b)(3)(ii)). Compliance must be achieved no later than August 26, 2002, or 3 years after EPA approval of the Plan, whichever is first.

   8. Dioxins/furans -- 60 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen for electrostatic precipitator based emission control systems (40 CFR §60.33b(c)(1)(i)). For designated facilities not using electrostatic precipitator based emission control systems, the emission limit is 30 nanograms per dry standard cubic meter (total mass), corrected to 7 percent oxygen. Total mass dioxin/furans includes tetra- through octa-chlorinated dibenzo-p-dioxins and dibenzofurans (40 CFR §60.33b(c)(1)(i) and (ii)). All designated MWC units for which construction was commenced after June 26, 1987 must comply with mercury and dioxins/furans emission limits within one year following the issuance of new or revised FESOPs or within 1 year following EPA approval of State Plan, whichever is later.

   9. Nitrogen oxides -- 205 parts per million by volume, corrected to 7 percent oxygen on a dry basis for mass burn waterwall MWC technology.

      Nitrogen oxides -- 250 parts per million by volume, corrected to 7 percent oxygen on a dry basis for mass burn rotary waterwall MWC technology.

      Nitrogen oxides -- Emissions averaging in accordance with the procedures in 40 CFR §§60.33b(d)(1)(i) through (d)(1)(v) for the following:

      Mass burn waterwall technology -- 185 parts per million by volume, corrected to 7 percent oxygen on a dry basis.

      Mass burn rotary waterwall technology -- 220 parts per million by volume, corrected to 7 percent oxygen, on a dry basis.

   10. Carbon monoxide -- 100 parts per million by volume, corrected to 7 percent on a dry basis for mass burn waterwall technology, and 250 parts per million by volume, corrected to 7 percent on a dry basis for mass burn rotary waterwall technology as required under 40 CFR §§60.34b(a), (Table 3). Averaging times are 4-hours for the mass burn waterwall and 24-hours for the mass burn rotary waterwall combustors technology.

   The emission standards and other general requirements for large MWC units are summarized in Appendix C (relating to emission standards and general requirements) and shall apply to all designated large MWCs at all times except during periods of startup, shutdown or malfunction as required under 40 CFR §60.58b(a).

2. Other Emission Limitations

   Fugitive Ash Emissions [§60.36b] -- Visible emissions of less than 5 percent of the observation period (i.e., 9 minutes per 3 hour period) as determined by EPA Reference Method 22 as specified in 40 CFR §60.55b. The fugitive ash emission limits include visible emissions discharged to the atmosphere from buildings or enclosures of ash conveying systems.

   The emission limits required under 40 CFR §60.55b do not apply to visible emissions discharged inside buildings or enclosures of ash conveying systems or during maintenance and repair of ash conveying systems (40 CFR §60.55b (b) and (c)).

3. Operator Training and Certification [40 CFR §60.35b]

   Section 60.35b provides that a State Plan must include MWC operator training and certification requirements at least as protective as the requirements in 40 CFR §60.54b. Therefore, an owner or operator of a designated MWC facility subject to Subpart Cb shall comply with the standards for MWC operator training and certification according to the schedule set forth in 40 CFR §60.39b(c)(4).

V. COMPLIANCE SCHEDULE AND INCREMENTS OF PROGRESS

Owners or operators of large designated MWCs must achieve compliance with the emission limitations according to the compliance schedule prescribed in 40 CFR §60.39b. When a compliance schedule includes compliance dates that extend more than one year beyond the date of the Section 111(d)/129 State Plan, approval of the compliance schedule will include legally enforceable increments of progress.
1. Compliance Schedule
   1. The following compliance schedule for large MWCs applies to Wheelabrator Falls, American Ref-Fuel, Lancaster Resource Energy, Montenay Energy Resource of Montgomery County, York County Solid Waste and Refuse Authority:

      Final Control Plan: No later than 6 months after PADEP issues FESOP

      Award Contract: No later than 12 months after PADEP issues FESOP or plan approval under 25 Pa. Code Chapter 127, whichever is later

      Initiate Construction: No later than 18 months after PADEP issues FESOP or plan approval under 25 Pa. Code Chapter 127, whichever is later

      Complete Construction: No later than 30 months after PADEP issues FESOP or plan approval under 25 Pa. Code Chapter 127, whichever is later

      Final Compliance: For mercury and dioxins/furans, compliance no later than one year after PADEP issues a new or revised FESOP permits or within 1 year following EPA approval of the MWC State Plan, whichever is later, for designated MWC units which were constructed after June 26, 1987

      For other designated pollutants compliance no later than December 19, 2000, and August 26, 2002 for supplemental limits or 3 years after EPA approval of the Plan, whichever is first

      Initial Performance Tests: No later than 180 days after final compliance

      Reports of performance Annually after compliance date, if in compliance data and CEMS data: Semiannual reporting if emission limits are exceeded

   2. The following compliance schedule applies solely to the Harrisburg Materials, Energy, Recycling and Recovery Facility:

      The owner or operator shall achieve compliance with all applicable Subpart Cb requirements on or before December 19, 2000 or cease operation no later than the said date. The owner or operator of the designated facility may not restart any designated MWC unit at the facility until the designated unit has been retrofitted with emissions control equipment capable of meeting all of the emission limitations and operating requirements of 40 CFR Subpart Cb upon startup.

2. Increments of Progress

   At a minimum, final FESOPs, Title V permits or plan approvals issued by PADEP to MWC owners or operators will include the following increments of progress:

   1. Submittal of Final Control Plans. [§60.21(h)(1)]

   2. Awarding of contracts for control systems or process modifications or orders for purchase of components. [§60.21(h)(2)]

   3. Initiation of on-site construction or installation of the air pollution control device(s) or process changes. [§60.21(h)(3)]

   4. Completion of on-site construction or installation of control equipment or process changes. [§60.21(h)(4)]

   5. Final Compliance. The designated MWCs subject to the Section 111(d)/129 State Plan must comply with the original 1995 Subpart Cb requirements as expeditiously as practicable but no later than December 19, 2000. This compliance deadline applies to 1995 emission limits for lead, sulfur dioxide, hydrogen chloride, and nitrogen oxides. See 62 FR 45117. The MWC owner or operator must comply with the August 25, 1997 supplemental emission limits for lead, sulfur dioxide, hydrogen chloride and nitrogen oxides no later than August 26, 2002 or 3 years after approval of the State Plan by EPA, which ever is earlier. [§60.21(h)(5)]

   6. If any designated MWC unit fails to achieve compliance by December 19, 2000, the permittee shall cease operations.

   The MWC State Plan will include one set of increments with compliance dates applicable to all large MWC units within Pennsylvania. When necessary, the compliance dates may vary from one MWC unit to another to address specific issues relevant to individual MWC units. The Department will submit a revised State Plan to EPA whenever a FESOP is revised to reflect a compliance schedule other than the schedule set forth in the original State Plan submittal. In all cases, the enforceable increments of progress will be arranged chronologically, and the compliance dates will be set to ensure full compliance with the applicable requirements as expeditiously as practicable (§60.24(c)). If a designated MWC unit fails to meet the above increments of progress for good reason (i.e., act of God, late equipment delivery), the owner or operator of the designated facility shall submit a request for an amended schedule. The request shall include the reasons for failing to meet the increments of progress.

3. Plant Closure/Restart

   Designated MWC facilities must achieve compliance with all applicable requirements by December 19, 2000. However, designated facilities have the option of complying with the Subpart Cb requirements or discontinuing operations by the final compliance date. No designated MWC facility or unit may operate in Pennsylvania after December 19, 2000, unless it is equipped with a Department-approved control device capable of meeting the emission standards in Subpart Cb.

   Under the provisions of 40 CFR §60.39b, and EPA's July 1996 document entitled, Municipal Waste Combustion: Summary of the Requirements for Section 111(d)/129 State Plans for Implementing the Municipal Waste Combustor Emission Guidelines, a State Plan may include provisions for an MWC unit to cease operation and restart as part of its retrofit schedule. In a case where an MWC facility (which may include multiple units) requires such extensive construction that the work cannot be completed within a three-year timeframe, a closure agreement may be included in the plan which would require the unfinished MWC unit(s) to close at the end of three years and not reopen until construction is complete. Performance testing of the unit(s) covered by the closure agreement must be completed within 180 days of reopening.

   All designated MWC units which plan to cease operation are required under 40 CFR §60.39b(c) to cease operation within three years following approval of the Section 111(d)/129 State Plan, but no later than December 19, 2000. For MWC units planning to cease operation later than one year after EPA approval of the State Plan, PADEP will submit to EPA a legally enforceable "Closure Agreement." The Closure Agreement, executed between the Department and the owner/operator of the designated MWC units, will include the date operation will cease, and a requirement to submit data from dioxin/furan emission tests per Section 60.39b(c)(2) of Subpart Cb. Any Closure agreement that is not included in the original Section 111(d)/129 State Plan will be submitted to EPA as a revision to the State Plan.

   MWC units which plan to restart, may not restart without meeting the requirements of the Emissions Guidelines, Subpart Cb. Prior to restart, all applications, proposed plan approvals, and operating permits issued by the Department for the restarted MWC units will be submitted to EPA for review and approval.

   MWC units that have already ceased operations will be identified in the inventory. MWC units that will cease operations within one year of approval of the MWC State Plan will also be identified and the year the unit ceases operations will be specified. If the MWC unit does not cease operation by that date, enforcement action will be taken. Since the inventory is a component of the MWC State Plan, any unit designated to cease operations in the inventory may not operate without a revision to the State Plan and must take actions to achieve compliance with the emission limits. Where MWC units have ceased operation, but will restart, the facility owner or operator must incorporate increments of progress for the unit and complete its air pollution control device retrofits before restarting.

VI. INVENTORY OF DESIGNATED FACILITIES [40 CFR §60.25(a)]

Section 60.25(a) specifies that the State Plan shall include "an inventory of all designated MWC facilities including emissions data for the designated pollutants." The inventory of existing large designated MWC units in the Commonwealth of Pennsylvania specifies the following MWC plants: Wheelabrator Falls, the Harrisburg Materials, Energy, Recycling and Recovery Facility, American Ref-Fuel Company (formerly Delaware County Resource Recovery Facility), Lancaster Resource Energy, Montenay Energy Resource of Montgomery County, and the York County Solid Waste and Refuse Authority. Large designated MWC facilities are those which have a unit capacity to burn greater than 250 tons per day of municipal solid waste. The designated MWC facilities and their capacities are shown in Appendix D (relating to inventory of large MWC units).

VII. EMISSION INVENTORY FOR DESIGNATED FACILITIES [40 CFR §60.25(a)]

In accordance with Section 60.25(a), the Section 111(d)/129 State Plan must include an emission inventory for all designated pollutants at existing large MWC units regulated under the Subpart Cb requirements. A summary of emissions data for the designated pollutants and the date the emissions were measured is provided in Appendices E-1 through E-6.

The summary of applicable emission standards in Appendix E (relating to emission summaries from large MWC units) and the corresponding measured or estimated emission rates for each of the MWC units covered by this State Plan contains the most recent stack sampling results and sample dates are provided, where available. In cases where no stack test data exists, emission estimates were determined using the estimation methods from EPA's July 1996 document, Municipal Waste Combustion: Summary of the Requirements for Section 111(d)/129 State Plans for Implementing the Municipal Waste Combustor Emission Guidelines. Where emission estimates are used, the word "estimate" appears in place of the stack test date in Appendices E-1 through E-6. Applicable emission standards may vary, depending on the size of the facility and the type of air pollution controls used on the MWC units.

Post-1990 Dioxin/Furan Test Data from Large MWC Facilities

In accordance with 40 CFR 60, Subpart Cb, Appendix F (relating to post 1990 dioxin/furan test data from large MWC units) contains total dioxin/furan emission data for every MWC unit at each large facility that will require more than one year beyond EPA approval of this plan to comply with all of the standards and conditions of Subpart Cb. Section 60.39b(c)(2) provides that "if the State plan requirements for a large municipal waste combustor plant include a compliance schedule longer than one year after approval of the State plan, the State plan submittal shall include performance test results for dioxin/furan emissions for each designated facility that has a compliance schedule longer than 1 year following the approval of the State plan, and the performance test results shall have been conducted during or after 1990." The performance test must be conducted according to the procedures in Section 60.38b.

The post 1990 dioxins/furans data from the designated facilities are presented in Appendix F. Except for Unit I of the Harrisburg Materials, Energy, Recycling and Recovery Facility, the data represents an average of the post 1990 dioxins/furans emissions. The emissions data is an average of all the unit-by-unit stack tests for a given year.

VIII. SOURCE SURVEILLANCE, COMPLIANCE ASSURANCE AND ENFORCEMENT

The Section 111(d)/129 State Plan must provide for the monitoring of the status of compliance with the emission standards for designated pollutants. 40 CFR §60.25. Owners and operators of designated MWC units must demonstrate compliance with the testing, monitoring, recordkeeping and reporting requirements specified in 40 CFR §§60.38b, 60.39b, 60.58b and 60.59b. The Plan includes the following legally enforceable requirements:
1. Enforceable procedures to require recordkeeping and any additional information to judge compliance. 40 CFR §60.25(b)(1).

2. Provisions for periodic inspection and testing. 40 CFR §60.25(b)(2).

3. Provisions for emission data and other compliance monitoring information correlated with applicable emission standards. 40 CFR §60.25(a) and (c).

4. MWC requirements for testing monitoring recordkeeping and reporting as specified in 40 CFR §§60.38b, 60.39b, 60.58b and 60.59b.

5. Submittal of annual progress reports to EPA in accordance with 40 CFR §§60.25(f)(1) through(6).
1. Compliance and Performance Testing [40 CFR §60.38b(b)]

   Except as provided under 40 CFR §60.24(b)(2), the compliance and performance testing requirements applicable to designated MWC units are at least as stringent as the provisions in 40 CFR §60.58b. EPA must approve the use of any equivalent test method in accordance with the requirements in 40 CFR §60.8(b). Pursuant to §60.38b(b), the alternative performance testing schedule for dioxin/furan specified in 40 CFR §60.58b(g)(5)(iii) shall apply to large municipal waste combustor plants that achieve a dioxin/furan emission level less than or equal to 15 nanograms per dry standard cubic meter corrected to 7% oxygen.

2. Monitoring Requirements

   The owner or operator of an affected large MWC shall install, calibrate, operate and maintain continuous emission monitors for carbon monoxides, oxygen, opacity, oxides of nitrogen and sulfur dioxide. At a minimum, the MWC owner or operator must:

   1. Locate monitors downstream of the final air pollution control device to measure concentrations of oxygen, oxides of nitrogen, oxides of nitrogen and opacity of the exhaust gases. If the percent removal option is to be utilized to show compliance, sulfur dioxide and oxygen monitors must also be located upstream of the pollution control device. Locate monitors at the combustor outlet exit to measure concentrations of carbon monoxide.

   2. Install, operate and maintain at a minimum, one temperature monitor to measure the temperature of the flue gas as it enters the particulate matter air pollution control device.

   The monitors required by Subpart Cb must meet the performance specifications in 40 CFR Part 60, Appendix B, the quality assurance procedures in 40 CFR Part 60, Appendix F, and the specifications in 40 CFR §60.58b (relating to compliance and performance testing). In addition, the monitors must also meet the installation, certification, reporting, recordkeeping and the applicable requirements in 25 Pa. Code §§139.101 (relating to general requirements), 139.103 (relating to opacity monitoring requirements), 139.104 (relating to sulfur dioxide and nitrogen oxides monitoring requirements for combustion sources) and 139.111 (relating to municipal waste incinerator monitoring requirements).

3. Recordkeeping and Reporting

   In order to be approved by EPA the Section 111(d)/129 State Plan must include legally enforceable procedures to require MWC owners or operators to maintain records and to periodically report to PADEP the "nature and amount of emissions" from the designated facilities. For compliance purposes, owners or operators of designated MWC units must maintain records and provide reports in accordance with the requirements in 40 CFR §60.59(b) as applicable, except for the siting requirements in 40 CFR §§60.59b (a), (b)(5), and (d)(11).

4. Annual Progress Reports

   Subsection 60.25(e) requires States to submit reports on progress in plan enforcement to the EPA Administrator on an annual basis, beginning with the first full report period after EPA approval of the MWC State Plan. The progress report must be included the reports submitted in accordance with the CFR §51.32. The annual progress report will describe PADEP's progress in the enforcement of the State plan. 40 CFR §60.25(e). The first progress report will be submitted to EPA one year after approval of the Commonwealth's Section 111(d)/129 State Plan for existing MWCs. At a minimum, the annual progress report will include the following elements required under 40 CFR §60.25(f):

   1. Enforcement actions initiated against a designated facility during the reporting period for the calendar year.

   2. Identification of the achievement of any increments of progress required by the plan.

   3. If applicable, identity of designated facilities that have ceased operation during the reporting period.

   4. Submission of additional emission data to update previous progress reports.

   5. Submission of copies of technical reports on all performance testing conducted on designated facilities, complete with concurrently recorded process data.

IX. LEGAL AUTHORITY TO IMPLEMENT THE SECTION 111(d)/129 STATE PLAN [40 CFR §60.26(a)]

Pursuant to 40 CFR §60.26, State Plans must show that States have legal authority to carry out the plan including the authority to [a]dopt emission standards and compliance schedules applicable to designated facilities and to enforce applicable laws, regulations, standards, compliance schedules and seek injunctive relief. The legal opinion, attached hereto as Appendix G (relating to legal authority to implement the State Plan) demonstrates that PADEP has sufficient statutory and regulatory authority under its plan approval, State operating permit and Title V permit programs to implement applicable requirements adopted under Sections 111(d) and 129 of the Clean Air Act, including those for municipal waste combustors (MWCs). A copy of the Commonwealth's Air Pollution Control Act (35 P.S §4001 et. seq.) and applicable regulations in 25 Pa. Code Article III (relating to air resources) for the plan approval, State operating permit and Title V permit requirements is attached hereto as Appendix H (relating to the Air Pollution Control Act and applicable permitting regulations).

I, __________________________, on behalf of the Commonwealth of Pennsylvania, Department of Environmental Protection, hereby certify that two public hearings were held prior to adoption of the Section 111(d)/129 State Plan for large Municipal Waste Combustors (MWCs) in accordance with criteria specified in 40 CFR §60.23. I further certify that the MWC State Plan includes a list of persons who provided testimony at the hearings and written copies of their testimony.

Dated: ______________________

Signed: ___________________________________

Krishnan Ramamurthy, Chief
Technical Support Section
Permits Division
Bureau of Air Quality, PADEP