# BallardSpaly1735 Market Street, 51st Floor Philadelphia, PA 19103-7599 TEL 215.665.8500 FAX 215.864.8999 www.ballardspahr.com

November 19, 2014

Via E-mailand U.S. Mail Karen Smith AirManagement Service 321 University Avenue, 2dFloor Philadelphia, P A 19104 Brendan K. Collins Tel: 215.864.8106 Fax: 215.864.9514 collins@ballardspahr.com

Re: Air Management Service's "Revision" ofProposed Update to State Implementation Plan Revision Demonstrating Reasonably Achievable Control Technology ("RACT") related to the Temple University Health Sciences Campus DearMs. Smith: On behalfofour client, Temple University- OfThe Commonwealth System ofHigher Education ("Temple University"), we submitthe following comments onAir Management Service's ("AMS") November 12, 2014 revision to its published September 20, 2014 proposal to update the State Implementation Plan ("SIP")to demonstrate reasonably achievable control technology ("RACT") implementation for Philadelphia County. A copy ofthis putative revision is attached here. In essence, this revision (which erroneously refers to the Temple University Main Campus rather than the Health Sciences Campus) informs Temple University that AMS will be "including a maximum combined heat input limitfor No. 6 oil because EPA commentedthat we need to have limit for No. 6 fuel oil, and we are proposing a maximum of500,000 MMBtu/year combined." First ofall, while the university appreciates AMS sharing its plans in advance, this revision fails to meet applicable requirements for publication and proposal ofrevised permitterms. AMS now proposes to include an entirely new limit on Temple University's facility that was not offered for public comment. This new restriction, which limits the total input ofone type offuel, is not a "logical outgrowth" ofAMS's September proposal, and so it must be published and offered for comment. Though AMS has asked Temple University for comment on this proposed revision, the university has not been given the full commentperiod providedfor by enabling legislation and prior practice. Therefore, priorto taking any action with respectto Temple University's air permitfor the Health Sciences Campus, AMS must publish the proposed permitterms and provide a full opportunity for public comment. Itis immaterial thatAMS has a December deadline to submit RACT approvals to EPA. This circumstance, entirely ofAMS's own making, does notexcuse AMS from observing therequirements oflaw regarding notice and comment.

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Atlanta I Baltimore I Bethesda I Denver I Las Vegas I Los Angeles I NewJersey I New York I Ihiladelphia 1 Phoenix 1 SaltLake City 1 San Diego I Washington, DC I Wilmington I www.ballardspalrr.comKaren Smith November 19,2014 Page2
Second, AMS lacks legal authority to impose such a restriction on Temple University's facility. Temple University respectfully submits that, perits comments on the September 20, 2014 published proposal, this revision suffers from the same fundamental defect: AMS is simply ttying a different mechanism to dictate the type offuel Temple University can use atthe three boilers at the Health Sciences Campus. As described in Temple's October 20, 2014 comments, such an exercise of authority is inconsistent with the common understanding of"control technologies" that can be required through RACT and is contrary to the RACT analysis prescribed in state regulations. AMS cannot dictate which ofthe permitted fuels Temple University canburn, whetherby time, heat value or season. Third, AMS has provided no technicaljustificationfor the new proposed limit. The only basis AMS cites tojustifythis new limit of500,000MMBtu/yearwhile burning No.6 fuel oil is EPA'srequest that there be a limit on No.6 fuel oil atthe Health Sciences Campus. However, the existing RACT approval for this facility already contains an overall heat input limitation of673,894 MMBtu per rolling 12-month period, a limit that applies to all fuels, including No.6 oil. In addition, the Health Sciences Campus boilers have an emission limit of56.3 pounds ofNOx/hour, regardless ofwhich fuel is used and how manyboilers are operating. Moreover, AMS's "revision" contains absolutely no information as to howthe limitwas derived, or otherwise supporting the need for a limit of 500,000 MMBtu/yrwhile burning No.6 fuel oil. Temple University finds thatthis omission materially impedes its ability to commenton whetherthe newly proposed limit is appropriate. Regrettably, AMS appears to have dismissed out ofhand an alternative proposal from Temple University to allowthe Health Sciences Campusto achieve the presumptive RACT for No. 6 fuel oil by burning No. 2 fuel oil instead. Temple University continues to believe that alternative, if implemented, would satisfy the letter and spirit ofthe RACT process and respectfully requests that AMS reconsider it is an option for RACT. In closing, whileTemple University is sympathetic to the significanttime constraints AMS is under to finalize a RACT demonstration that will ultimatelybe approved by EPA for incorporation into the Pennsylvania SIP, the September 20, 2014 proposal and November 12, 2014 revision to the proposal exceed its authority vis-a-vis the Health Sciences Campus. The November 12 revision does not address, much less allay, any ofthe concerns Temple University raised in its initial comments. Rather, the revision compounds those concerns due to the arbitrary limit imposedwithout any legal or technical rationale. Despitethese concerns, Temple University remains committedto working withAMS to develop an appropriate RACTfor the Health Sciences Campus.

BKC:sfs

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Attachments

cc: Kurt Bresser Rahel Gebrekidan Ed Weiner Patrick O'Neill, Esq., PhiladelphiaLawDepartment DonnaMastro, Esq. USEPA Region III

DMEAST#20359550 v3From: Rahel Gebrekidan [mailto:Rahel.Gebrekidan@phila.gov] 

### Sent: Wednesday, November 12, 2014 10:40 AM To: Kurt Bresser; cmaye@CompliancePlace.com Subject: Re: Temple Main RACT Kurt, Ijustwant to let you know that we areincluding a maximum combined heat inputlimitfor No.6 oil because EPA commented that we need to have limit for No.6 fuel oil, and we areproposing a maximum of500,000MMBtu/yr combined. Sincerely Rahel GelJrelcidan Environmental Engineer AirManagement Service Phone 215-685-9429 Fax 215-685-7593 E-Mail Rahel.qebrelcidan@phila.qav

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