Public Hearing on Saint-Gobain Performance Plastics Corporation Variance Petition

August 5, 2020

The hearing will start at 6:00 pm.

All participants have been muted upon entry. NHDES will unmute individuals when selected to ask questions

or give testimony.

If you have any technical difficulties:

Email: Margaret.King@des.nh.gov

Phone: 603-271-6893

This webinar is being recorded.

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Webinar Logistics

•How to Ask Questions• Identify that you wish to ask a question by “raising your

hand” • We will watch for “Raised Hands” and call upon each

attendee who raises their hand• You will be identified, and unmuted, and invited to speak

• Note: NHDES will unmute you on the webinar, but you will also need to unmute yourself

• When you are invited to speak, please state your first and last name, address, and who you represent

2

“Raising your hand”

• WEBINAR: attendees can raise their hand by doing the following:• On the side dock click on the hand

with the green arrow pointing up• When the side dock shows the hand

has a red arrow pointing down this indicates your hand is raised

Webinar Logistics

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Public Hearing onSaint-Gobain Performance Plastics

Variance Petition

August 5, 2020

Catherine Beahm, Administrator

NHDES, Air Resources Division

(603) 271-6793

catherine.beahm@des.nh.gov

NH Statutes Chapter 125-C Air Pollution Control

• Section 125-C:16 Variances

• Lays out the legislatively-mandated conditions under which the commissioner or his designee may issue a variance.

• Section 125-C:4 Rulemaking Authority

• NH Code of Administrative Rules Env-A 200, Procedural Rules

• Env-A 202, Variances

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Saint-Gobain Performance Plastics

Regulatory Sequence of Events

June 4• Saint-Gobain submitted variance petition to NHDES

June 15

• NHDES published public notice and set deadline for submittal of written comments and date of public hearing

July 9• NHDES requested additional information from Saint-Gobain

July 24• Saint-Gobain submitted additional information

August 5• Virtual public hearing to receive oral comments

• Decision is required within 15 working days after the public hearing

Saint-Gobain Performance Plastics

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Variance Petition

• February 11, 2021 deadline for installation and operation of the RTO.

• Cited both the Town of Merrimack’s appeal of the air permit and the COVID-19 pandemic as the underlying reasons.

• Requested new deadline:

February 11, 2022; or

One year from the date of the final, non-appealable order disposing of the Town of Merrimack’s appeal, whichever is earlier.

Saint-Gobain Performance Plastics

7NHDES Website: OneStop Data and Information

Facility ID: 3301100165 Application No. 20-0145

NHDES’ Request for Additional Information

• RTO vendor proposed schedule for installation and operation of the RTO

• Modifications made to date, remaining work needed, contractors involved, and an updated schedule

• Documentation from each vendor and subcontractor who have informed Saint-Gobain of delays due to COVID-19

• Documentation from the manufacturer of the chosen RTO, including schematics, documentation of design, and a detailed description of the control device

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Saint-Gobain Performance Plastics

Regulatory Basis of Decision

Env-A 202.07 Decision

The department shall grant a variance if the department determines that:

(1) The petitioner has taken reasonable steps to eliminate or prevent air pollution;

(2) Granting a variance would not create a danger to public health, welfare, or safety;

(3) The source of air pollution has social and economic value to the area in which it is located;

and

(4) Enforcement of the requirement for which the variance is sought would produce serious economic hardship on the petitioner without equal or greater benefits to the public.

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Saint-Gobain Performance Plastics

Webinar Logistics

•How to Ask Questions• Identify that you wish to ask a question by “raising your

hand” • We will watch for “Raised Hands” and call upon each

attendee who raises their hand • You will be identified, and unmuted, and invited to speak

• Note: NHDES will unmute you on the webinar, but you will also need to unmute yourself

• When you are invited to speak, please state your first and last name, address, and who you represent

10

“Raising your hand”

• WEBINAR: attendees can raise their hand by doing the following:• On the side dock click on the hand

with the green arrow pointing up• When the side dock shows the hand

has a red arrow pointing down this indicates your hand is raised

Webinar Logistics

11

Webinar Logistics

•How to Give Testimony• Identify that you wish to give testimony by “asking a

question” • We will watch for “questions” and call upon each

attendee who wants to give testimony• You will be identified, and unmuted, and invited to speak

• Note: NHDES will unmute you on the webinar, but you will also need to unmute yourself

• When you are invited to speak, please state your first and last name, address, and who you represent

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Webinar Logistics

“Asking a question” to indicate wanting to give oral testimony

• WEBINAR: attendees can ask a question by doing the following:• On the side dock click on the question

box• Where it says [Enter a question for

staff] please type your first and last name, address, and who you represent

• Once this is done, press ‘send’

This hearing will remain open until the close of the Public Comment Period extension on Wednesday

August 12th at 4:00 p.m.

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Saint-Gobain Performance Plastics