State of Vermont
AGENCY OF NATURAL RESOURCES
Department of Environmental Conservation
Air Pollution Control Division
103 South Main Street
Building 3 South
Waterbury, VT 05671-0402
Tel: (802) 241-3840
FAX: (802) 241-2590
November 6, 1998
Certified Mail
Mr. William Gleason
Vermont Marble Power Division of OMYA, Inc.
61 Main Street Proctor, VT 05765
Subject: Notice of Alleged Violations
Air Pollution Control Permit
Dear Mr. Gleason:
Condition 32 of the Air Pollution Control Permit issued to OMYA on December 2, 1997 for your Florence facilities, requires that Vermont Marble Power Division (VMPD) continuously monitor combustion turbine fuel consumption, turbine load output, and ratio of water to fuel, and that the monitoring system be operated and maintained in accordance with an approved Quality Assurance Plan and the APCD Technical Services Section's Continuous Emission Monitoring Requirements. Review of the VMPD reports for Quarters 1 and 2, 1998, a letter to the Division from VMPD dated September 21, 1998, and other related information indicate that the following violations of Condition 32 of OMYA's permit have occurred.
o Failure to collect the minimum required amount of data for Unit #2 during quarters 1 and 2, 1998. The precision and accuracy of data from Unit #2 cannot be determined and the data therefore cannot be accepted. This finding is based upon results of recent investigations by VMPD (8126198) combined with consistent daily QA check failures over two consecutive calendar quarters using four separate external water meters.
o Failure to restore the continuous parameter monitoring system (CPMS) on Unit #2 to operation in a timely manner.
o Failure to maintain the Unit #2 CPMS in operating condition at all times during quarters 1 and 2.
o Failure to apply corrective actions as specified in the QA plan for numerous daily QA check failures on Unit #2 during quarters I and 2. Failure to apply corrective actions as specified in the QA plan for two failed daily checks on Unit #1
during quarter 2.
o Failure to provide documentation on the audit of replacement external meters for Unit #2.
o Failure to perform quarterly audits on the external water meters on Unit #l during quarters 1 and 2.
o Failure to perform quarterly audits on the external water meter on Unit #2 during quarter 2.
o Failure to submit a complete CPMS report for quarter 2.
o Failure to submit documentation of the annual QA plan review for 1998.
It appears that these alleged violations are due in large part to a failure to consistently follow procedures in the VMPD QA Plan and the Continuous Emission Monitoring Requirements.
The Agency of Natural Resources is authorized under 10 VSA Section 8008 to issue an administrative enforcement order regarding these violations, which may include, among other provisions, an assessment of civil penalties. A copy of this law is enclosed.
The Agency would prefer to resolve these violations informally. In order to do so, it will be necessary for the VMPD to submit a proposed plan and schedule for correcting these violations in a timely manner. This plan and schedule must be submitted by December 1, 1998. The plan and schedule must specifically address current Unit #2 CPMS operational status, operation of Unit #2 during periods of CPMS downtime, failure to follow the current QA Plan, the overdue annual review of the QA Plan, any proposed equipment modifications that may result from this review and other longstanding matters such as the re-configuration of the DAS as referred to in the previously noted September 21, 1998 letter.
Based on the information that you include in this plan and schedule, the Agency will decide whether further enforcement action is appropriate. The Agency may request that OMYA enter into a formal compliance schedule ("assurance of discontinuance") to address these issues.
If there are any questions regarding this letter, please call Robert Lacaillade or Dave Manning of my staff at 241-3840. I am confident that the violations can be successfully resolved by this process.
Sincerely,
Richard A. Valentinetti, Director
Air Pollution Control Division
Enclosures