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PA Bulletin, Doc. No. 09-262d

[39 Pa.B. 857]
[Saturday, February 14, 2009]

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). The final action on each application also constitutes action on the request for 401 Water Quality Certification and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application permitting requirements of the following statutes: the Air Quality Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).

   Coal Applications Returned

   California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.

   56841608 and NPDES Permit No. PA0213721, PBS Coals, Inc., (P. O. Box 260, Friedens, PA 15541), to revise the permit for the Cambria Fuel Prep Plant in Stonycreek Township, Somerset County to treat water transported by a buried pipeline to existing water treatment facilities at the prep plant from a dewatering borehole at the abandoned Cambria Fuels Mine and to inject slurry into the mine through an injection borehole. Dewater the mine will promote safety for miners at the adjacent Horning mine. Surface Acres Proposed 3.3. No additional discharges. Application received May 6, 2008. Application withdrawn January 15, 2009.

   Coal Permits Actions

   California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.

   03871303 and NPDES Permit No. PA0213667, TJS Mining, Inc., (2340 Smith Road, Shelocta, PA 15774), to revise the permit for the Darmac No. 2 Deep Mine in Washington Township, Indiana County to add underground and subsidence control plan area permit acres. Underground Acres Proposed 515.3, Subsidence Control Plan Acres Proposed 515.3. Application received September 10, 2008. Permit issued January 26 2009.

   30841312 and NPDES Permit No. PA0013790, Consolidation Coal Company, (1 Bridge Street, Monongah, WV 26554), to revise the permit for the Blacksville No. 2 Mine in Jackson and Gilmore Townships, Greene County to install 30 degasification boreholes. Surface Acres Proposed 24.7. No additional discharges. Application received May 1, 2007. Permit issued January 26, 2009.

   Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   17773075 and NPDES No. PA0127949. Black Oak Development, Inc., P. O. Box 176, Glen Campbell, PA 15742, permit renewal for reclamation only of a bituminous surface mine in Banks, Bell and Burnside Townships, Indiana and Clearfield Counties, affecting 343.0 acres. Receiving streams: Martin Run and two UNTs to West Branch Susquehanna River to Susquehanna River classified for the following uses: CWF and WWF. There are no potable water supply intakes within 10 miles downstream. Application received November 25, 2008. Permit issued January 23, 2009.

   56930107 and NPDES No. PA0212466. Future Industries, Inc., P. O. Box 157, Meyersdale, PA 15552, permit renewal for the continued operation and restoration of a bituminous surface mine in Brothersvalley Township, Somerset County, affecting 70.3 acres. Receiving streams: UNTs to/and Buffalo Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 5, 2008. Permit issued January 23, 2009.

   56930110 and NPDES No. PA0212610. Future Industries, Inc., P. O. Box 157, Meyersdale, PA 15552, permit renewal for the continued operation and restoration of a bituminous surface mine in Black Township, Somerset County, affecting 129.0 acres. Receiving streams: UNTs to Rhoades Creek; Rhoades Creek; UNT to Isers Run and UNT to Casselman River classified for the following uses: WWF; WWF; EV; CWF, respectively. There are no potable water supply intakes within 10 miles downstream. Application received October 27, 2008. Permit issued January 26, 2009.

   Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.

   63080102 and NPDES Permit No. PA0251429. Neiswonger Construction, Inc. (17592 Route 322, Strattanville, PA 16258). Permit for commencement, operation and reclamation of a bituminous surface mine, located in Somerset Township, Washington County, affecting 187.8 acres. Receiving streams Center Branch of Pigeon Creek. Application received June 17, 2008. Permit issued January 30, 2009.

   Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.

   24880103 and NPDES Permit No. PA0104779. Energy Resources, Inc. (34 Kelley Way, Suite 100, Brilliant, OH 43913) Renewal of an existing bituminous strip operation in Horton Township, Elk County affecting 541.0 acres. This renewal is issued for reclamation only. Receiving streams: UNT to Mead Run, UNT to Vineyard Run, two UNTs to Laurel Run, two UNTs to West Branch Walburn Run. Application received October 31, 2008. Permit issued January 27, 2009.

   10030101 and NPDES Permit No. PA0242331. (4955 Steubenville Pike, Suite 245, Pittsburgh, PA 15205) Renewal of an existing bituminous strip, auger and coal ash placement operation in Venango Township, Butler County affecting 108.0 acres. Receiving streams: UNT No. 2 to Seaton Creek. Application received November 21, 2008. Permit issued January 27, 2009.

   33990106 and NPDES Permit No. PA0228010. (568 Silvis Hollow Road, Kittanning, PA 16201) Renewal of an existing bituminous strip and auger operation in McCalmont Township, Jefferson County affecting 168.7 acres. This renewal is issued for reclamation only. Receiving streams: Turnip Run. Application received December 10, 2008. Permit issued January 29, 2009.

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.

   54860206R4 and NPDES Permit No. PA0593583. WPS Westwood Generation, LLC, (1716 Lawrence Drive, DePere, WI 54115), renewal of an existing anthracite coal refuse reprocessing operation and NPDES Permit for discharge of treated mine drainage in Frailey and Porter Townships, Schuylkill County affecting 441.4 acres, receiving stream: Lower Rausch Creek. Application received August 13, 2008. Renewal issued January 27, 2009.

   54793009R4. Coal Contractors (1991), Inc., (P. O. Box 39, Hazleton, PA 18201), renewal of an existing anthracite surface mine operation for reclamation activities only in North Union, Beaver and Black Creek Townships, Schuylkill, Luzerne and Carbon Counties affecting 991.3 acres, receiving stream: none. Application received December 30, 2004. Renewal issued January 28, 2009.

   54840202T2. Penn Equipment Corp., (15 Main Street, Port Carbon, PA 17965), transfer of an existing coal refuse reprocessing operation in Branch Township, Schuylkill County affecting 50.0 acres, receiving stream: none. Application received November 24, 2008. Transfer issued January 30, 2009.

   Noncoal Permits Actions

   Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   56980301 and NPDES Permit No. PA0234991. Keystone Lime Company, P. O. Box 278, Springs, PA 15562, renewal of NPDES permit, Addison and Elk Lick Townships, Somerset County. Receiving streams: Christener Run, UNT to Zehner Run, UNT to Christener Run classified for the following uses: HQ-CWF. There are no potable water supply intakes within 10 miles downstream. Application received November 7, 2008. Permit issued January 27, 2009.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

   Blasting Permits Actions

   Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.

   15094102. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Worthington in East Whiteland Township, Chester County with an expiration date of January 15, 2010. Permit issued January 28, 2009.

   46094104. American Rock Mechanics, Inc., (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Allentown Road Sewer Extension in Franconia Township, Montgomery County with an expiration date of January 15, 2010. Permit issued January 28, 2009.

   36094103. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for Pine Hill Project in East Lampeter Township, Lancaster County with an expiration date of June 30, 2009. Permit issued January 29, 2009.

   36094104. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for a single dwelling in Earl Township, Lancaster County with an expiration date of June 30, 2009. Permit issued January 29, 2009.

   45094103. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for Winona Lakes in Middle Smithfield Township, Monroe County with an expiration date of February 28, 2010. Permit issued January 29, 2009.

   45094104. Silver Valley Drilling & Blasting, Inc., (R. R. 4, Box 4196, Saylorsburg, PA 18353), construction blasting for Borgor Development in Polk Township, Monroe County with an expiration date of August 19, 2009. Permit issued January 29, 2009.

   52094101. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for Pocono Mt. Lake Estates in Lackawaxen and Lehman Townships, Pike County with an expiration date of January 31, 2010. Permit issued January 29, 2009.

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

   The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).

   Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 P. S. §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

   Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

   Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.

   E23-472. BPG Land Partners XII Seaport GP, LLC, 322 A Street, Suite 300, Wilmington, DE 19438, City of Chester, Delaware County, United States Army Corps of Engineers, Philadelphia District.

   To perform the following activities in and along the 100-year floodplain of the Delaware River (WWF/MF):

   1.  To construct and maintain an approximately 18,500 seat professional soccer stadium.

   2.  To construct and maintain approximately 3,200 linear feet of a proposed trail.

   3.  To rehabilitate and maintain approximately 350 linear feet of the existing bulkhead.

   4.  To construct and maintain approximately 1,200 linear feet of proposed bulkhead.

   5.  To stabilize approximately 500 linear feet of the existing shoreline.

   6.  To place 0.5 acre of fill in the existing tidal channel associated with the relocation of the existing combined Sanitary Sewer Overflow outfall Structure.

   This work permanently impacts 0.85 acre of open waters. The site is located approximately 80 feet south of the intersection of Byram Road and Front Street, adjacent to Commodore Barry Bridge (SR 0433) (Marcus Hook, PA USGS Quadrangle N:  15.2 inches; W:  0.75 inch).

   E23-466. Borough of Upland, 224 Castle Avenue, Upland, PA 19015, Upland Borough, Delaware County, United States Army Corps of Engineers, Philadelphia District.

   To modify the Kerlin Street Bridge along the Chester Creek (WWF-MF) by performing the following water obstructions or encroachments:

   1.  To construct and maintain 100 linear feet of twin 24-foot arch culverts through the causeway approach fill south of the existing bridge.

   2.  To grade and stabilize the floodplain upstream and downstream of the existing bridge.

   3.  To construct and maintain a rock weir upstream of the existing bridge and a debris deflector at the center pier of the Kerlin Street Bridge.

   The project will require the relocation or modification of the following utilities:

   1.  20-inch diameter water main.

   2.  21-inch diameter sanitary interceptor line.

   3.  30-inch diameter combined sewer overflow pipe.

   This project, the Chester Creek Flood Abatement Pilot Project, is part of Delaware County's Renaissance Program in conjunction with the Borough of Upland. The upstream boundary of the project is the Incinerator Road Bridge (Upland Road) and the downstream boundary is just downstream of the Kerlin Street Bridge. The Kerlin Street Bridge is located 240 feet southeast of the intersection of Upland Avenue and Kerlin Street (Marcus Hook, PA USGS Quadrangle N:  19.2 inches; W:  0.3 inch).

   The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

   Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

   E22-535: Susquehanna Township Authority, Attn. Pamela Winters, 1900 Linglestown Road, Harrisburg, PA 17110, Susquehanna Township, Dauphin County, United States Army Corps of Engineers, Baltimore District.

   To construct and maintain approximately 2,739.0 lineal feet of 15.0-inch sanitary sewer pipe in the floodway of a UNT to Paxton Creek (WWF) (Harrisburg East, PA Quadrangle N:  14.0 inches; W:  15.0 inches, Latitude 40° 19` 32"; Longitude: 76° 51` 17"). The 15.0-inch sanitary sewer interceptor will also cross the UNT and wetlands associated with the UNT to Paxton Creek (WWF) (Harrisburg East, PA Quadrangle N:  14.0 inches; W:  15.0 inches, Latitude 40° 19` 32"; Longitude: 76° 51` 17"). The sanitary sewer line will impact 0.024 acre of PEM wetland. The project is located east of North Progress Avenue, approximately 1,400.0 feet south of its intersection with Linglestown Road in Susquehanna Township, Dauphin County.

   Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.

   E08-454. Johnson Quarries, Inc., R. R. 1, Box 23C, LeRaysville, PA 18829. Water Obstruction and Encroachment Joint Permit in Asylum Township, Bradford County, United States Army Corps of Engineers, Susquehanna River Basin District (Wyalusing, PA Quadrangle N:  41° 42` 35.8"; W:  76° 21` 40.8").

   To construct and maintain a permanent ford of Durell Creek to provide access for an existing rock quarry. The ford is approximately 30-feet in length and 25-feet in width. The ford is located 150-feet northwest of the intersection of T-376, O'Brian Road and SR 0187 in Durell Creek, Asylum Township, Bradford County. This project proposes to impact an approximate total of 30 linear feet of Durell Creek, which is designated as a WWF and does not propose to impact any jurisdictional wetlands. This permit was issued under section 105.13(e) ''Small Projects.''

   E14-512. Department of Transportation, Engineering District 2-0, 1924 Daisy Street Extension, Clearfield, PA 16830. Jonathan Run Acid Rock Drainage Treatment Facility in Boggs and Snow Shoe Townships, Centre County, United States Army Corps of Engineers, Baltimore District (Snow Shoe, PA Quadrangle Latitude: 41° 1` 0.62"; Longitude 77° 52` 58").

   The applicant proposes to construct, operate and maintain an acid rock drainage treatment system containing both active and passive treatment system components in an effort to remediate acid rock drainage entering Jonathan Run from historic Interstate 80 embankment fill containing pyritic sandstone. Jonathan Run is classified as a CWF. Siting of treatment system components will result in 0.32 acre of permanent wetland impacts (PFO, PSS and PEM), 0.01 acre of temporary wetland impacts (PEM), 191 feet of temporary stream impacts and 60 feet of permanent stream impacts. The applicant is proposing to construct 0.75 acre of wetland replacement onsite. This project was issued under a Standard Joint Permit. This permit also includes 401 Water Quality Certification.

   E14-515. Glenn O. Hawbaker, Inc., 1952 Waddle Road, State College, PA 16803. Water Obstruction and Encroachment Joint Permit in Patton Township, Centre County, United States Army Corps of Engineers, Susquehanna River Basin District (Julian, PA Quadrangle N:  40° 48` 47.7"; W:  77° 54` 38.4").

   To construct and maintain three culvert pipe crossings in a UNT to Spring Creek to provide vehicular and construction access to the divided property. Culvert crossing No. 1 will consist of placing a 60-inch CMP, having a length of 129.85 linear feet, at the southern end of the site. Culvert crossing No. 2 will consist of placing three 42-inch HDPE pipes, having a length of 87.96 linear feet, near the northcentral end of the site. Culvert crossing No. 3 will consist of placing an 18-inch HDPE pipe, having a length of 74.30 linear feet, at the northeastern corner of the site. The projects are located 450-feet northeast of the intersection of North Atherton Street and Hawbaker Industrial Boulevard in a UNT to Spring Creek, Patton Township, Centre County. This project proposes to impact an approximate total of 292 linear feet of a UNT to Spring Creek, which is designated as a CWF and does not propose to impact any jurisdictional wetlands. This permit was issued under section 105.13(e) ''Small Projects.''

   E55-221. Kevin and Betty Klinger, 37 East Market Street, Middleburg, PA 17842. Shed in Floodway, in Middleburg Borough, Snyder County, United States Army Corps of Engineers, Baltimore District (Middleburg, PA Quadrangle N:  Latitude 40° 47` 32.47"; W:  77° 2` 40.71").

   To construct, operate and maintain a 10 foot by 10 foot concrete pad level with the existing ground in the floodway of Middle Creek. This permit also authorizes the installation of 80 linear feet of underground utility line, an outdoor wood furnace set to a bottom elevation of 498.5 and a stream crossing hung on an existing foot bridge, all within the floodway of Middle Creek. The project is located behind the property located at 37 East Market Street in the Borough of Middleburg. This permit was issued under section 105.13(e) ''Small Projects.''

   Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335.

   E20-572, Department of Transportation, District 1-0, 255 Elm Street, Oil City, PA 16301. SR 0018-0010-1442 Channel Cleaning in West Fallowfield Township, Crawford County. United States Army Corps of Engineers, Pittsburgh District (Greenville East, PA Quadrangle N:  41° 29` 21.84"; W:  80° 22` 10.65").

   To apply stream bank stabilization along approximately 50 feet of the left (north) bank of a tributary to Crooked Creek extending downstream from SR 18 and to abandon fill from channel cleaning remaining along the right (south) bank and within the assumed floodway having a total width of approximately 20 feet and a maximum depth of 2.25 feet extending approximately 200 feet downstream from SR 0018, Segment 0010, Offset 1442 approximately 1.5 miles south of Adamsville.

EROSION AND SEDIMENT CONTROL

   The following Erosion and Sediment Control (ESCP) Permits have been issued.

   Any person aggrieved by these actions may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. Chapter 5, Subchapter A (relating to practice and procedure of Commonwealth agencies), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.

   If individuals want to challenge this action, their appeal must reach the Board within 30 days. Individuals do not need a lawyer to file an appeal with the Board. Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. If individuals cannot afford a lawyer, individuals may qualify for free pro bono representation. Call the Secretary to the Board (717) 787-3483 for more information.

   Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

ESCP
0809805
Fortuna Energy, Inc.
337 Daniel Zenker Drive
Horseheads, NY 14845
Bradford County Armenia and
Troy Townships
North Branch Towanda Creek
CWF

STORAGE TANKS

SITE-SPECIFIC INSTALLATION PERMITS


The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101 and 6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Waste Management, Director, P. O. Box 8763, Harrisburg, PA 17105-8763.

SSIP
Permit No.
Applicant Name &
Address
County Municipality Tank Type Tank Capacity
09-46-004 Norristown State Hospital DPW
1001 East Sterigere Street
Norristown, PA 19401-5300
Attn: Clifford K. Schwartz
Montgomery Norristown Borough,
West and East Norriton Townships
3 ASTs storing No. 2 Fuel Oil 120,000 gallons total

SPECIAL NOTICES

Notice of Planning Grant Awards under Section 901 of the Municipal Waste Planning Recycling and Waste Reduction Act of 1988, Act 101

   The Department of Environmental Protection (Department) hereby announces the following grants to counties under section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act of 1988, Act 101, P. L. 556, section 901 and section 208 of the Waste Tire Recycling Act/Small Business and Household Pollution Prevention Act (Act 190 of 1996).

   Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by Act 101, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, environmental mediation, education programs on pollution prevention and household hazardous waste and providing technical assistance to small businesses for pollution prevention. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. All grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of Act 101 and the availability of moneys in the Recycling Fund.

   Inquiries regarding the grant offerings should be directed to Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.

JOHN HANGER,   
Secretary

Act 101, Section 901 Planning Grant

Region County Applicant Project Description Grant Award
Southeast
Northeast
Southcentral
Northcentral
Southwest WashingtonWashington Plan Revision $64,000
Northwest

Draft Hazardous Waste Permit

Public Hearing and Notice of Intent to Modify a Hazardous Waste Storage Permit

   Permit ID NO. PAD002389559. Keystone Cement Company, P. O. Box A, Bath, PA 18014-0058, East Allen Township, Northampton County.

   The Department of Environmental Protection (Department) will hold a public hearing regarding Keystone Cement Company's proposed modification of their Hazardous Waste Storage permit, PAD002389559, in accordance with an Application for Class 3 Hazardous Waste Permit Modification. The Hazardous Waste Storage Facility, located in Bath, PA, between Routes 512 and 329, consists of the site access roads, weight scales, site laboratory, truck staging area, truck unloading area and the hazardous waste storage tanks. The Permit Modification will permit a new ''dry process'' cement kiln to burn wastes for energy recovery; approve a closure schedule and plan for the two existing ''wet process'' kilns; permit a new ''Combined Hazardous Waste Management Unit'' including new storage tanks, new truck/railcar unloading and staging areas; permit the acceptance and management of rail-shipped wastes onsite; permit the closure and partial conversion of the existing HW storage tanks and truck unloading area to waste oil management; and modify the Waste Analysis Plan and Standard Operating Procedures. The Permit will regulate the incoming approved wastes and their use as fuel within the site cement kilns.

   A public hearing is scheduled for March 4, 2009, at 7 p.m. The hearing will be held at the East Allen Township Municipal Building, 5344 Nor-Bath Boulevard, Northampton, PA 18067. The public hearing will be held on the Draft Permit Modification for Hazardous Waste Management.

   Copies of the application, draft permit and fact sheet for the Hazardous Waste Management Facility may be reviewed at the following offices of the Department:

Bethlehem District Office
4530 Bath Pike
Bethlehem, PA 18017
(610) 861-2070

Northeast Regional Office
2 Public Square
Wilkes-Barre, PA 18711-0790
(570) 826-2511

   Those interested in reviewing the draft permit and fact sheet should call to schedule an appointment to review the files.

   The Department, in completing its review and prior to taking final action on the permit application to Keystone Cement Company, will consider all written comments received during the comment period and oral or written statements received during the public hearing, the requirements of the hazardous waste regulations of 25 Pa. Code Chapter 260a--270a and 40 CFR Parts 260--270 and 273 as incorporated by reference and the Department's permitting policies.

   The public comment period will begin on February 14, 2009, and will end on March 31, 2009. Any person interested in commenting on the application or draft permit must do so within this comment period.

   Persons intending to testify at the hearing should submit written notice to Mark Carmon, Hearing Examiner, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711-0790. This written notice should include the person's name, address, telephone number and a brief description as to the nature of the testimony. Comments should be kept brief and, depending on the number of speakers, may be limited to 10 minutes per speaker. The Department requests that individuals present written copies of their testimony in addition to their oral presentation.

   Persons may present oral or written statements or data concerning the draft permit directly to the Department before, during, or after the public hearing, as long as the Department receives the statement and data before March 31, 2009. Comments should include name, address and telephone number of the writer and a concise statement to inform the Department regarding the exact basis of any comment and relevant fact on which it is based.

   Following the public comment period, the Department will make a final determination regarding the draft hazardous waste permit. Notice of this determination will be published in the Pennsylvania Bulletin, at which time the determination may be appealed to the Environmental Hearing Board. The Department will provide a written justification for changes to the draft hazardous waste permit to persons providing comment to the Department.

   Persons with disabilities who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings, should contact Mark Carmon of the Department at (570) 826-2035 or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

   In the month of January 2009, the Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act, act of July 9, 1987 (P. L. 238, No. 43) (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON.

Name AddressType of Certification
Anthracite Radon 768 SR 307
Moscow, PA 18444
Mitigation
Michael Ashburn 629 Shearer Street
Greensburg, PA 15601
Testing
William Astorino 3 Banyan Street
Selinsgrove, PA 17870
Testing
Roger Burens, Jr.630 Freedom Business Center Drive
Third Floor
King of Prussia, PA 19406
Testing
Jason Carlson 3624 Derry Street
Harrisburg, PA 17111
Testing
Mark Desmond 4 Lindberg Avenue
Wilmington, DE 19804
Mitigation
Clete Isenberg 5126 Chevy Chase Drive
Finleyville, PA 15332
Testing
Scott Kelly 8491 East Barkhurst Drive
Pittsburgh, PA 15237
Testing
John Kerrigan
RHIS, Inc.
100 Old Kennett Road
Wilmington, DE 19807
Testing
David Koloskee 4021 West 12th Street
Erie, PA 16505
Testing
Ronald Kuntz P. O. Box 174
Alexandria, PA 16611
Testing
Paul Malmquist P. O. Box 410
4327 Point Pleasant Pike
Danboro, PA 18916
Testing
James Nuzum, Jr. 400 Interchange Road
Lehighton, PA 18235
Testing
James Nuzum, Jr.
R.F. Ohl Fuel Oil, Inc.
400 Interchange Road
Lehighton, PA 18235
Mitigation
Anne Parke 3201 Addison Drive
Wilmington, DE 19808
Testing
Roger Priest 132 Old Skippack Road
Salfordville, PA 18958
Testing
David Sperring 4826 Thoroughbred Loop
Erie, PA 16506
Testing
David Teter 224 East Mifflin Street
Orwigsburg, PA 17961
Testing
Todd Giddings & Associates, Inc. 3049 Enterprise Drive
State College, PA 16801
Mitigation
Keith WeigmanP. O. Box 165
Orefield, PA 18069
Testing
Terry A. Wilver
Pro-Tech Home & Business
1015 Green Street
Milton, PA 17847
Mitigation
Bill Wright 768 SR 307
Moscow, PA 18444
Mitigation

Request for Comment and Notice of Public Meeting Proposed Total Maximum Daily Load (TMDL)s for the Ferguson Run Watershed in Fayette County

   Greensburg District Mining Office: Armbrust Building, 8205 Route 819, Greensburg, PA 15601.

   The Department of Environmental Protection (Department) is holding a public meeting on March 5, 2009, beginning at 11 a.m. at the Greensburg District Mining Office, Armbrust Building, 8205 Route 819, Greensburg, PA to discuss and accept comments on a proposed TMDL. The proposed TMDL was established in accordance with the requirements of the 1996 section 303(d) of The Clean Water Act. One stream segment in the Ferguson Run Watershed has been identified as impaired on the 1996 Pennsylvania 303(d) list due to high concentrations of metals and acidity. The listed segment and miles degraded are shown in the following table:

Stream Code Stream Name Miles Degraded
38171 Ferguson Run 1.0

   The proposed plan provides calculations of the stream's total capacity to accept metals (aluminum, iron and manganese) and acidity, while maintaining levels below water quality criteria. The applicable water quality criteria are as follows:

Criterion Total
Parametervalue (mg/l)Recoverable/Dissolved
Aluminum 0.75 Total Recoverable
Iron 1.5 Total Recoverable
Manganese 1.00 Total Recoverable
pH 6.0 to 9.0 NA

   The primary pollutant source for the watershed is abandoned mine workings. This watershed was heavily mined for coal in the 20th century. The effects of this are still present. The TMDL consists of load allocations, which are made to nonpoint sources of pollution and waste load allocations, which are made to permitted point sources.

   The TMDL was developed using Monte Carlo Simulation to determine long-term average concentrations that each stream segment could accept and still meet water quality criteria 99% of the time. Monte Carlo Simulation allows for the expansion of a dataset based on its statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department used the average flow to express the loading values in the TMDL.

   The TMDL sets allowable loading rates for metals and acidity at specified points in the watershed. The basis of information used in the establishment of this TMDL is field data collected from 2007 through 2008.

   The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Scott Heidel at (717) 787-1421 between 7:45 a.m. and 3:45 p.m., Monday through Friday, at Rachel Carson State Office Building, 10th Floor, 400 Market Street, Harrisburg, PA 17101. E-mail will be received at scheidel@state.pa.us. Directions to the meeting place can also be obtained through this contact.

   The TMDL can be viewed and printed by accessing the Department's web site at www.dep.state.pa.us (PA Keyword: TMDL).

   Written comments will be accepted at the previous address and must be postmarked by March 20, 2009. Persons who plan to make a presentation at the public meeting should notify the Department no later than 3 p.m. Friday, February 27, 2009. The Department will consider all comments in developing the final TMDL, which will be submitted to the EPA for approval.

Request for Comment and Notice of Public Meeting--Correction Notice Proposed Total Maximum Daily Load (TMDL)s for Deer Creek (Clarion County), Redbank Creek (Armstrong and Clarion Counties) and the Lower Clarion River, (Forest, Clarion and Jefferson Counties)

   The Department of Environmental Protection (Department) is announcing a correction to the closing date of the public comment period for the Deer and Redbank Creeks and Lower Clarion River TMDLs. The date of the closing of the public comment period was published incorrectly in the January 31, 2009, Pennsylvania Bulletin as Wednesday, April 1, 2009. The correct deadline for the submission of written comments is Monday, March 2, 2009.

   The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Elias Heferle at (814) 797-1191 between 8 a.m. and 4 p.m., Monday through Friday, at the Knox District Mining Office, White Memorial Building, P. O. Box 669, Knox, PA 16232. E-mail will be received at eheferle@state.pa.us. Directions to the meeting place can also be obtained through this contact.

   The TMDLs can be viewed and printed by accessing the Department's web site at www.dep.state.pa.us (PA Keyword: TMDL).

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Loads (TMDLs) Developed for the West Branch Susquehanna River Watershed

   The Department of Environmental Protection (Department) and the Susquehanna River Basin Commission are holding a public meeting on March 5, 2009, at 7 p.m., at the Clearfield County Conservation District, 650 Leonard Street, Clearfield, PA. The purpose of the meeting is to discuss and accept comments on the proposed TMDLs developed for the West Branch Susquehanna River. In accordance with the requirements of section 303(d) of The Clean Water Act, stream segments in the West Branch Susquehanna River have been identified as impaired due to high levels of metals and low pH as a result of abandoned mine drainage.

   The proposed TMDLs set allowable loadings to meet water quality standards at specified points in the West Branch Susquehanna River for iron, manganese, aluminum and acidity. Loads have been allocated to both point and nonpoint sources. The TMDLs were established using field data collected in 2004 and 2005, as well as data collected from prior water quality surveys performed by other agencies.

   The data and all supporting documentation used to develop the proposed TMDLs are available from the Department. The proposed TMDL and information on the TMDL program can be viewed on the Department's web site (www.dep.state.pa.us/watermanagement_apps/tmdl/). To request a copy of any of the TMDLs, contact Bill Brown, Department of Environmental Protection, Water Quality Assessment and Standards, 400 Market Street, P. O. Box 8467, Harrisburg, PA 17105, (717) 783-2951.

   Written comments will be accepted at the previous address and must be postmarked no later than 30 days from the date of this bulletin notice. The Department will consider all comments in developing the final TMDL, which will be submitted to United States Environmental Protection Agency for approval.

[Pa.B. Doc. No. 09-262. Filed for public inspection February 13, 2009, 9:00 a.m.]



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