Recent PSD Experiences in SWRO Regulatory & Statutory Requirements Relationship with EPA Federal Land Managers - FLAG Appeals

3 New Sources 3 applications received within a few months –Beech Hollow CFB waste coal EGU –Greene Energy CFB waste coal EGU –Cambria Coke non-recovery Coke plant all 3 projects subject to PSD and NA review

Regulatory requirements Completeness review within 30 days of receipt [40 CFR, Part 124] must take final action within 1 year of receipt of a complete application [CAA, 1659(c)] regulatory changes, PM designations published in January, effective on April 5, posed additional challenges for review

Relationship with EPA PA adopted PSD regulations with a few minor exceptions –EPA follows public notice procedures of Part 124 –DEP follows 25 PA Code, Chapter 127 EPA is still administrator that notifies Federal land manager hearings held under 40 CFR - EPA Discrepancies created procedural problems MOU developed for future reviews

Federal Land Manager The Secretary of the Department with authority over such lands Department of Agricultural –Forest - Service Department of the Interior –National Park Service –Fish and Wildlife Service

Federal Land Manager -FLM Charged with affirmative responsibility to protect natural and cultural resources of Class I areas from the adverse affects of air pollution. Have no permitting authority under CAA Have no authority to establish AQ rules or standards

FLM Continued Use Air Quality related values (AQRV) –deposition (DAT) –visibility May provide comments to EPA and States May make adverse impact determination Can accept/approve mitigation plans

FLM - FLAG Guidance used by FLM is the FLAG –Federal Land Managers’ Air Quality Related Values Workgroup (December, 2000) 210 page document Is Guidance, not policy or regulation DEP found FLAG to be very useful and informative

Class I Areas Established by Law –National Wilderness areas > 5,000 acres –National memorial Parks > 5,000 acres –National Parks > 6,000 acres –International parks May not be reclassified

Class I areas of Concern Otter Creek Wilderness - FS Dolly Sods Wilderness - FS James River Face Wilderness - FS Shenandoah National Park - NPS

PSD reviews - FLMs All three PSD projects affected Class I areas above significant impact levels mitigation plans for AQRVs DEP included permit conditions for mitigation

APPEALS All three PSD Plan Approvals were appealed to EHB Beech Hollow settled w/o hearing Greene Energy –hearing throughout month of June –ruling expected mid November Cambria Coke dismissed as moot –18-month construction period expired