NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT

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NOTICE OF OPPORTUNITY FOR PUBLIC COMMENT ON DRAFT SIGNIFICANT MODIFICATION TO AN AIR POLLUTION CONTROL OPERATING PERMIT (TITLE V) The New Jersey State Department of Environmental Protection (NJDEP) is seeking public comment on its intent to approve a significant modification to an Air Pollution Control Operating Permit for Sunoco, Inc. (R&M) Eagle Point Facility, pursuant to the provisions of Title V of the Federal Clean Air Act, the federal rules promulgated at 40 CFR 70, and the state regulations promulgated at N.J.A.C. 7:27-22. Sunoco, Inc. (R&M) Eagle Point Facility consists of a petroleum refinery and a etroleum products storage and distribution facility. Sunoco, Inc. (R&M) Eagle Point Facility is owned and operated by Sunoco, Inc. (R&M) Eagle Point Facility. The address of the facility is US Route 130 & I-295 South, Westville, NJ 08093. The equipments subject to the significant modification include all applicable emission units that have PM10 emission limit in the Title V Operating Permit, except the emission unit FCCU (U9) which is to comply with EPA consent decree agreement. This modification would allow the following changes to the facility’s current operating permit: This modification is for changing the stack test averaging period for demonstrating compliance with PM-10 limits specified in the Title V Operating Permit for all applicable emission units, except the emission unit U9. In stack test requirement, the language will change from “each of three Department validated stack test runs” to “the average of three Department validated stack test runs”. There are no proposed changes to air contaminant allowable emission rates. All persons, including the applicant, who believe that any condition of the draft significant modification to the Air Pollution Operating Permit or the Department's tentative decision to approve this modification is inappropriate, must raise all reasonable issues of concern and submit all arguments and factual grounds or materials supporting their position during the public comment period. Any comments on this draft permit must be received within thirty days of the date of this notice and addressed to Max Friedman, Bureau of Operating Permits, New Jersey Department of Environmental Protection, 401 E State Street, 2nd Floor, Box 27, Trenton, New Jersey 08625-0027. This public notice, statement of basis, and the draft significant modification have been posted at the Air Quality Permitting website: http://www.state.nj.us/dep/aqpp/publicnotices.htm. These and additional information on this draft permit can be obtained by calling Max Friedman. The draft permit is also available for inspection at NJDEP, 401 E State Street, Trenton, New Jersey, (contact Max Friedman at 609-633-8230) and at the Southern Regional Field Office located at One Port Center, 2 Riverside Drive, Suite 201, Camden, NJ 08103, phone number 856-614-3601. If you would like to inspect the draft permit at either location, please call in advance for an appointment. You may also inspect the application and supporting materials, and other information and documents contained in the supporting file for the draft permit, at the NJDEP Trenton location by calling Max Friedman for an appointment. In accordance with N.J.A.C. 7:27-22.11(f), any person may request that the Department hold a public hearing on the draft permit. A request for a public hearing shall be submitted, in writing, within thirty days of the date of this notice to the Department at the Trenton address listed above. The request for public hearing shall include a statement of issues to be discussed at the public hearing. The statement of issues shall be relevant to the draft permit under review by the Department. The Department will consider and respond to all written and timely submitted comments. The applicant, and each person, who submitted written comments, will receive a notice of the Department’s final decision regarding the Operating Permit modifications and a copy of the Response to Comment document. The Department determined that the facility does not meet all applicable requirements of the Federal Clean Air Act and the New Jersey Air Pollution Control Act. One of the facility’s storage tanks, Tank 17 is not painted white as required by the VOC RACT Rule N.J.A.C. 7:27-16.2(b)li. As a result, the draft permit includes compliance schedules for the facility to follow to achieve compliance. The compliance schedules require that Sunoco, Inc. (R&M) Eagle Point Facility achieve compliance by October 21, 2008. Contingent on compliance being achieved in accordance with the schedules, the Department has concluded that this modification to air pollution control operating permit should be approved.

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