### MEMORANDUM OFUNDERSTANDING amongst The PENNSYLVANIA DEPARTMENT OFENVIRONMENTAL PROTECTION; the REGION 3 AIR PROTECTIONDIVISION OF THE U.S. ENVIRONMENTAL PROTECTIONAGENCY; and the FEDERAL LAND MANAGERS ofthe SHENANDOAH NATIONAL PARK, NATIONAL PARK SERVICE; JAMES RIVER FACE WILDERNESS, U.S.

FOREST SERVICE; DOLLY SODS WILDERNESS and OTTERCREEK WILDERNESS, U.S. FOREST SERVICE; and the BRIGANTINE WILDERNESS, U.S. FISH and WILDLIFE SERVICE

THIS MEMORANDUM OF UNDERSTANDING (MOU) is executed by and amongst the Commonwealth ofPennsylvania,Department ofEnvironmental Protection 

### (p ADEP); U.S. Environmental Protection Agency, Region 3 (EPA); Federal Land Managers ofthe Shenandoah National Park,National Park Service; James River Face Wilderness, U.S. Forest Service; Dolly Sods Wilderness, U.S. ForestService; Otter Creek Wilderness, U.S. Forest Service; and the BrigantineWilderness, U.S. Fish and Wildlife Service. WITNESSETH: WHEREAS,the purpose ofthis Memorandum ofUnderstanding (MOU) is to establish mutually acceptable guidelines for the effective protection ofair quality related values (AQRVs) within the ShenandoahNational Park and James River Face Wilderness in the Commonwealth of Virginia, Dolly Sods and Otter Creek Wildernesses in the State ofWest Virginia, and the Brigantine Wilderness ofthe State ofNew Jersey. The U.S. Department ofthe Interior, National Park Service; the U.S. Department ofAgriculture, Forest Service; and the U.S. Department of the Interior, Fish and Wildlife Service, are empowered to manage and protect Class I areas and are responsible for ensuring that AQRVs including visibility in these areas are protected. WHEREAS,this MOU is not a binding agreement nor does it create any legal rights, duties or obligations, which may be enforced by one party orthe other in anyjudicial or administrative forum. This MOU is intended to establish a framework for operational procedures for the review ofand comment on Prevention ofSignificant Deterioration (PSD) plan approval applications submitted to the PADEP which could have an impact in the Shenandoah National Park, James River Face Wilderness, Dolly Sods Wilderness, Otter Creek Wilderness, or the Brigantine Wilderness. WHEREAS,the primary objective ofthis MOO is to assure the greatest degree of cooperation among the signatory agencies consistent with their respective mandates and responsibilities as determined under the federal Clean Air Act, (CAA), 42 U.S.C. § 7401 etseq., as amended, and its promulgated regulations and the PennsylvaniaAirPollution Control Act (APCA), 35 P.S. § 4001 etseq., as amended, and regulations promulgated thereunder.



### 1WHEREAS, the EPAhasthe responsibility to assure compliance withthe provisions of the CAA and the regulations adopted thereunder. WHEREAS, this MOD is authorized, in**p~,** under Section 102(a) ofthe CAA, 42 D.S.C. § 7402(a) which requires the EPA Administrator to "encourage cooperative activities by State and local governments for theprevention and control ofair pollution." WHEREAS, Section 4(24) ofthe APCA, 35 P.S. § 4004(24), also provides that PADEP shall "cooperate with appropriate agencies ofthe United States

.... withrespect to the control, prevention, abatement, and reduction ofair pollution." WHEREAS, underthe CAA, the Federal Land Managers and the Federal officials charged with direct responsibility for management ofthe ShenandoahNational Park, the James RiverFace Wilderness, the Otter Creek Wilderness, the Dolly Sods Wilderness, and the Brigantine Wilderness have the affirmative responsibility to protect the AQRVsofthese lands. WHEREAS, PADEP is empowered bythe Pennsylvania General Assembly to implement the provisions ofthe CAA in the Commonwealth ofPennsylvania, the State Implementation Plan (SIP), and the APCA, 35 P.S. 

### §4001 

### etseq., and regulations promulgated underthe act. This MOD does not cover PSD permit applications for sources located in Allegheny orPhiladelphia Counties, as the Allegheny County Health Department and the Philadelphia County Health Department administer and enforce PADEP-approved local air pollution control programs. WHEREAS,this MOValso establishes a process to allow aU ofthe signatory agencies to have access to all necessary information,and sufficient opportunity to effectively execute the statutory and regulatory obligations ofeach agency. WHEREAS,the intent ofthis MOD is to ensure the coordinated review ofPSD plan approval applications in anexpedited manner when a complete PSD plan approval application has been submitted to the PADEP.
NOW, THEREFORE, 

### it is hereby resolved bythe partiesthat:

PROVISIONS:. In accordance with the CAA and applicable regulations, the Federal Land Managers (FLMs) and EPA will be afforded the opportunity to review and comment on "draft" state air quality plan approvals (pre-constructionpermits) for PSD permit actions. Forplan approval applications submitted to PADEP, which are subject to the requirements ofthe PSD regulations, the following procedures will be followed:



### 2(1) Program staffin the PADEP regional office responsible for reviewing the plan approval application will provide notifications to the FLMs and EPA that discussions.have been held with representatives ofa company, or companies, proposing to apply for a plan approval under the provisions ofthe PSD regulations; such notification shall be given as soon as practical, but not later than 30 days after the date oli which the discussions were held. This notification requirement is not tobe interpreted to mean that the PADEP will notifythe FLMs orEPA as a result ofinquiries from company representatives onplan approval requirements within the Commonwealth, even ifthe company indicates that the proposed facility may be subject to PSD review. However, once a company representative indicates to PADEP that an application will be submitted which is, or is likely to be, subject to the provisions ofthe PSD regulations, the appropriate regional office ofthe PADEP responsible for reviewing the plan approval application will provide to the FLMs and EPA basic information, as specified in paragraphs (a)-(f) ofthis provision, onthe proposed source. Once the emissions information is supplied, the FLMs will advise PADEP and EPA within 30 calendar days regarding the need for and extent offurther participation by the FLMs in the permit review process. PADEP will encourage pre-application meetings with potential PSD plan approval applicants to discuss what information must be included with their application in order to satisfy the requirements for a complete application. The potential plan approval applicants will also be encouraged to provide PADEP with a modeling protocol for review in advance ofconducting any air quality modeling, including Class I and Class II modeling, that will be needed in support oftheir application. Ifa modeling protocol is submitted to PADEP by a potential applicant prior to the date of an actual plan approval application, the modeling protocol will be supplied to the FLMs as soon as practical. Basic informationthat will be provided to the FLMs includes, but is not limited, to the following:

a. The name ofthe company. b. The type offacility proposed. c. The general location ofthe proposed facility. d. As much information regarding equipment and emissions as is available. e. An estimate ofwhen a formal application is expected. f. A Class I air quality modeling protocol. (2) Program staffin the PADEP regional office responsible for processing the plan approval application will notify the applicant that the FLMs and EPA are available for conference calls and pre-application orpre-hearing meetings upon request. When scheduling conference calls and meetings, all reasonable steps will be taken to provide advance notification ofsuch and to accommodate the availability ofall parties

.. While nothing inthis MOO prohibits any ofthe signatories ofthis MOO from meeting with an applicant without the other parties, those signatory parties thatparticipate during a conference call or meeting will fully inform those non-participating signatory parties about the results ofsuch meetings. Copies ofthe agenda will be provided to all signatory parties prior to the scheduled call ormeeting.



### 3(3) Program staffin the PADEP regional office responsible for processing the permit and plan approval application will provide to the FLMs and EPAacopy ofthe following:

a. PSD Plan Approval Application. b. Best Available Control Technology (BACT) analysis by applicant. c. Modeling analysis, including a specific listing ofcritical elements as specified in Paragraph (4) below. d. Visibility analysis. e. Other impact analyses, including AQRVs. 

### f. Draft PSD plan approval, which will contain the enforceable mechanisms to assure compliance with the emission limits relied upon for the Class I modeling. These mechanisms will include certified a Continuous Emissions Monitoring System where practical and will utilize EPA approved test methods and procedures. The draft plan approval will beprovided by ewmail to the signatory parties for review priorto the public commentperiod. g. The proposed PSD plan approval will be provided by ewmail on orbeforethe first day ofthe public commentperiod along with the notice language. h. The PADEP engineering and modeling analysis report for the proposed PSD Plan Approval Application. 

### i. Response to Public Comments Document. 

### j. Final PSD plan approval and relevant revised documents (ifapplicable). (4) Items specified in Paragraph (3) (a)wG) ofthis MOD, will be transmitted to the FLMs and EPA as soon as possible after receipt from the applicant, and after an administrative completeness determination has been made by PADEP staff. Receipt oftheinformation in Paragraph (3)(a)wG) provided by PADEP to the FLMs will beginthe FLM 

### 60w day review/consultation period. The critical elements referenced in Paragraph (3)(c) ofthis MOD are the following air quality model inputs as determined from anticipated emission limits for the proposed project. PADEP will provide the following critical elements: a.) S02 emission rates**(3~hr,** 24w hr and annual). b.) NOx emission rates (24-hr andannual). c.) PM-IO emission rates (24w hr and annual). d.) H2S04emission rates (24-hr and annual). The critical elements specified above, and referenced in Paragraph (3)(c), will be provided to the FLMs during this consultation period, but no laterthan 45 days prior to publishing a notice ofa public hearing or "Notice ofIntent to Issue". Such notice will be published in a newspaper ofgeneral circulation in the county oftheplan approval application and inthe Pennsylvania Bulletin. The PADEP will officially notify the FLMs by ewmail when the information specified in items Paragraph (3)(a)-G) and Paragraph (4)(aHd) ofthis MOD have been transferred. Ifthe FLMs anticipate making an adverse impact statement, they will notify the PADEP oftheir determination within 30 days ofofficial receiptofthis information and the FLMs will provide their written comments no later thantwo weeks after such notification.



### 4(5}After all infonnation identified in Paragraph (3) ofthis MOU has been provided to the FLMs and EPA, this infonnation may be corrected or supplemented through modifications and additions to the original plan approval application which is received during the PADEP review period ofthe plan approval application. Any such additional infol1J!.ation will be provided to the FLMs and EPA as soon as possible, butwill not chqethe 6O-day review/consultation period as established in Paragraph 

### (4) above. Ifthe applicant submits additional information during the review/consultation period, which represents a significant change to the plan approval application or draft plan approval, additional review time may be allowed, with the concurrence ofall parties to this MOU. Ifthese changes involve increases in the emissions ofNOx, PM-IO, S02 orH2S04; or ifthese changes involve emission decreases ofthese pollutants which were needed in order to reduce oreliminate an adverse impact; or ifany emission release parameters such as stackheight, stack location or exhaust gas changes; then additional time

## to re-run and reevaluate the visibility modeling and any other AQRV impact analysis affected by these changes will beprovided. A mutually agreed upon extension ofthe review/consultation period ofup to a maximum of30 days may be granted. Fortime periods during the review ofthe PSD application, where PADEP has removed the applicant from the "clock" for purposes ofthe "Money-Back-Guarantee" Program, an equal time extension will occur in the time shown for review in the attached "PSD Permitting Interaction With EPA and FLMs" (Attachment I). (6) All PSD plan approval application information, including the engineering analysis report and the modeling analysis reportprepared bythe PADEP, described in the MOU and a draft plan approval will be provided to the FLMs and EPArio later than 30 days prior to any public hearing ornotice in the 

### Pennsylvania Bulletin ofPADEP's intentto issue or deny the plan approval. The PADEP AirProgram Manager inthe regional office responsible for processing plan approval application will provide all applicable PSD pennit information, inclUding the air quality analyses informationto the FLMs and EPA. (7) The FLMs mayprovide, and the PADEP will consider when determining its appropriate action on a planapproval application covered bythis MOU, any analysis performed bythe FLM and received byPADEP within 2 weeks afterPADEP provides a draft plan approval to the FLMs. Ifthe preliminary analysis provided by any ofthe signatory FLMs would show that a proposed source for PSD permitting could have an adverse impact on AQRVs, including visibility, in areas identified in this MOU, PADEP will work with the FLMs to resolve issues relevant to any FLM adverse impact determination prior to proposing to issue the plan approval. IfPADEP concurs with the adverse impact determination by the FLMs, PADEP will not issue the PSD plan approval and may take action to deny the plan approval. In the event that PADEP does not find that theFLM-provided preliminary analysis demonstrates to the satisfaction of PADEP that an adverse impact will result, the notice ofhearing orproposed approval will contain an explanation ofits decision, or a reference to where a complete explanation ofsuch finding may be obtained. PADEP will also provide inthe notice the FLMs adverse impacts comment, along with information where the complete text ofthe adverse comments canbe obtained.

..



## 5

### IV. Effective Date This MOD will become effective on the date ofthe last signature to the MOD. 

### V. Understanding oftheParties This MOD sets forth the entire understanding amongst the parties on this matter and does not create any contractual obligations with respect to the signatory agencies or any otherparties. The parties acknowledge and understand that the MOD may only be modified orterminated in writing as an amendment to this MOD. The request for any such modification or termination of the MOD must be submitted in writing to all signatory agencies for review and concurrence at least 60 days in advance ofthe effective date ofthe desired modification ortermination.



## 6IN WITNESS THEREOF, the parties acknowledge the foregoing as the tenns and conditions oftheir understandiag and hereto have executed this Memorandum ofUnderstanding as ofthe last date written below. ENT OF ENVIRONMENTAL PROT CTION Date:

## ~Cf

FORREGION 3, REGIONALADMINISTRATOR, U.S. ENVIRONMENTAL PROTECTION AGENCY

# ~Vd6 Date:

# t~ Donald S. Welsh, Regional Administrator

NATIONAL PARK,NATIONAL PARKSERVICE

FORTHE JAMES RIVER FACE WILDERNESS, U.S. FOREST SERVICE
pervisor, GeorgeWashington and Jeffe

FORTHE DOLLY SODS AND OTTER CREEKwILDERNESSES,U.S. FOREST SERVI

FOR THE BRIGANTINEWILDERNESS; U.s; FISH AND WILDLIFE SERVICE

### ~.. 

# - p**~** 

# . .. Date:

### ~L/~ h(>ol. Steve :4.tzert, Projectanager,Edwin B. Forsythe National Wildlife RefugJ

7

# T 

# I M 

# E L



# I N E

180 (Business) DAYS 

### Attachment 1 PSD PERMITTING INTERACTION WITH EPA and FLMs

PADEP EPA


## x

x FLMs



# x Pre-application Conference/Meeting Receipt of 

### TASKS

Complete Application with both PSD & 

### Class I Modeling 

### 30 

### days(a11 days are calendardays. unless otherwise specified) (Administrative and Technical Review)

# ~ SEND COPIES OF ADMINISTRATIVELY COMPLETE APPLICATION

. AND MODELING TO EPA AND THE FEDERAL LAND MANAGERS



### . Finalize**--------------------------------------------~** X 

### Completeness Determination BACT, LAER, Modeling review, mitigation
(Discretionary consultation may occur between PADEP, EPA d the FLMs during this review period)
60da Y

# 'j

45 

### days Modeling critical elements will be supplied to EPA and the FLMs at least 45 days in advance ofsending the public notice for publication and 30 days in advance ofproviding a draft plan approval permit to EPA and the FLMs 

# " 

# r f day

, 

# ·tx Up 

### to 60 days a needed 

## x x DraftPlan Approval Permit
(Draft PNPermitto be sent to the owner/operator, EPA, and the FLMs) IfFLMs have adverse comments on the modeling impact in the Class I area, they must be sent to the Department within 2 weeks after receipt ofdraft PNPennit for inclusion in the notice ofintent to issue.



## x 

## x Public Notice This is the public notice in the PA Bulletin ofintent to issue/deny and may also include a separate notice for a public hearing to take comment.



## ,,. , P AlPermitIssuance**~--~----------------------------------~--**