Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 19-369d

[49 Pa.B. 1157]
[Saturday, March 16, 2019]

[Continued from previous Web Page]


SPECIAL NOTICES

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

 In the month of February 2019 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 as follows 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, (1-800-23RADON)).

Name Address Type of
Certification
Brian Bacchus 125 Twin Oaks Drive
Wexford, PA 15090
Mitigation
Jason Bancroft P.O. Box 261
Gilbertsville, PA 19525
Testing
James Brownell 5057 State Route 247
Clifford Township, PA 18421
Testing
Bernard Catanzareti 1177 Dewalt Drive
Easton, PA 18040
Testing .
Shavaun Cotter
Partner Assessment Corporation
362 Fifth Avenue, Suite 501
New York, NY 10001
Testing
John Fordyce 7844 Old Rte. 56 Hwy. West
Indiana, PA 15701
Testing
Lindsey Golubosky 681 East Watson Street
Bedford, PA 15522
Testing
Gene Heffner P.O. Box 952
Pottsville, PA 17901
Testing
Elliot Hoffman P.O. Box 91
Akron, PA 17501
Mitigation
Frederick Lawrence 1468 Hawleyton Road
Binghamton, NY 13903
Testing
Edward Moran 940 Port Carbon Street
Pottsville, PA 17901
Testing
James Mulvehill 126 Furnari Avenue
Johnstown, PA 15905
Testing
Nyveldt Enterprises, LLC 27 Mt. Carmel Street
Roseto, PA 18013
Testing
John O'Connor 1270 Keysville Road South
Keymar, MD 21757
Testing
Pro-Lab, Inc. 1675 North Commerce Parkway
Weston, FL 33326
Laboratory
Analysis
Steven Robinson
Peach Inspections, Inc.
120 Cambridge Road
Coatesville, PA 19320
Testing
Gregory Scheer 474 McCollum Road
Montrose, PA 18801
Testing &
Mitigation
William Staniland 706 Russett Meadow Court
Cranberry Twp., PA 16066
Testing
Milan Stanojevic 199 Jill Drive
Pittsburgh, PA 15236
Testing

PUBLIC NOTICE OF APPLICATION AND DRAFT STATE WATER QUALITY CERTIFICATION FOR A FERC REGULATED PIPELINE PROJECT

Proposed State Water Quality Certification
Required by Section 401 of the Clean Water Act
for the Line 134 Replacement Project—
East & West Projects

Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.

EA00832-001, Columbia Gas Transmission, LLC (Applicant), 400 Louisiana St, Suite 14-113, Houston, TX 77002. Line 134 Replacement Project—East & West Projects (Project), in Fairview Township, Butler County, Perry Township, Armstrong County, and Toby Township, Clarion County, ACOE Pittsburgh District. The proposed project starts in Fairview Township, Butler County (Latitude: 41.012037°; Longitude: -79.696592°) and ends in Toby Township, Clarion County (Latitude: 41.045273°; Longitude: -79.508948°).

 On December 21, 2018 Applicant requested a state water quality certification (SWQC) from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in this Commonwealth consistent with the requirements of State law and the Clean Water Act.

 The Project, as proposed, includes the replacement of approximately 4.11-miles/21,700 feet of old, 10-inch pipeline with a new 4.06-mile/21.436-foot long, 10-inch pipeline to transport natural gas from the Ellwood City Compressor Station (Butler County) to the Rimersburg Compressor Station (Clarion County). This project includes a relocation of a 0.38-mile/1,990-foot long section of pipe, to be abandoned in-place, with a straighter 0.33-mile/1,730-foot long section of new pipeline in Armstrong County. The project is divided into two parts for the purpose of the FERC applications with approximately 3.22-mile/17,005-foot long new pipeline on the West Project and approximately 0.84-mile/4,435-foot long pipeline on the East Project.

 The Project, as proposed, will require approximately 59.2 acres of earth disturbance, and impacts to 1,709 linear feet of UNT to Pine Run (WWF), UNT to Allegheny River (WWF), UNT to Cove Run (WWF), Cove Run (WWF), UNT to South Branch Bear Creek (WWF), UNT Cherry Run (CWF), Cherry Run (CWF), 4.72 acres of floodway, 0.73 acre of temporary PEM wetland impacts, and 0.01 acre of permanent impact due to PFO to PEM conversion.

 The Department, by this notice, is proposing to issue a SWQC to Columbia Gas Transmission, LLC for the Line 134 Replacement Project—East & West Projects. The Department is proposing to certify that construction, operation and maintenance of the Line 134 Replacement Project—East & West Projects complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department is proposing to further certify that the construction, operation and maintenance of the Line 134 Replacement Project- East & West Projects complies with water quality standards in this Commonwealth and that the construction, operation and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the project complies with the following Department water quality permitting programs, criteria and conditions established pursuant to Pennsylvania law:

 1. Discharge Permit—Applicant shall obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of the pipeline associated with the Project pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and compliance), and all other applicable regulations.

 2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with an Erosion and Sediment Control Permit(s) for earth disturbance associated with the Project issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), 25 Pa. Code Chapter 102 (relating to erosion and sediment control), and all other applicable regulations.

 3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Water Obstruction and Encroachment Permit(s) for the construction, operation and maintenance of all stream and wetland crossings associated with the Project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), 25 Pa. Code Chapter 105 (relating to dam safety and waterway management), 25 Pa. Code Chapter 106 (relating to floodplain management) and all other applicable regulations.

 4. Other Water Quality Requirements—Applicant shall obtain any other permits, authorizations or approvals required to construct, operate, and maintain the Project from any interstate or international agency as required by an interstate compact or international agreement that has established water quality standards applicable to surface waters of this Commonwealth, including wetlands.

 5. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality associated with the Project is not adversely impacted by any operational and construction process that may be employed by Applicant.

 6. Operation—Applicant shall properly operate and maintain at all times all Project facilities and systems of treatment and control (and related appurtenances) installed to achieve compliance with the terms and conditions of this SWQC and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.

 7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department or the delegated County Conservation District to determine compliance with this SWQC, including all required permits, authorizations or approvals required by this SWQC. The Applicant shall provide a copy of this SWQC to an authorized representative conducting an inspection of the Project.

 8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project or any portion(s) thereof, the Applicant shall provide a copy of this SWQC and copies of any permits, authorizations or approvals obtained to comply with the SWQC upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the appropriate Department office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owners containing a specific date for transfer of responsibility, coverage, and liability under the SWQC and any permits, authorizations and approvals obtained to comply with the SWQC. The new owner shall submit to the Department a new application form for the SWQC and any permits, authorizations and approvals required to comply with the SWQC signed by the new owner.

 9. Correspondence—All correspondence with and submittals to the Department concerning this SWQC shall be addressed to Department of Environmental Protection, Regional Permit Coordination Office, Domenic Rocco, PE, Program Manager, P.O. Box 69206, Harrisburg, PA 17106-9206.

 10. Reservation of Rights—The Department may modify, suspend, or revoke this SWQC if (i) the Department becomes aware of new facts about the Project that warrant such action; or (ii) the Department determines that the Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with any applicable law or regulation.

 11. Other Laws—Nothing in this SWQC shall be construed to preclude the institution of any legal action or to relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable law or regulation.

 12. Severability—The provisions of this SWQC are severable and should any provision of this SWQC be declared invalid or unenforceable, the remainder of this SWQC shall not be affected thereby.

 Prior to issuance of the final SWQC, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Comments should be directed to Domenic Rocco, PE, Program Manager, at the previous address or through the Pennsylvania AT&T Relay Service at 800-654-5984 (TDD). Comments must be submitted in writing and contain the name of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.

FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401

 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department. Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the Commonwealth to certify that the involved projects will not violate the sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA, the issuance of a Dam Permit or Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment shall submit comments, suggestions or objections within 30 days of the date of this notice as well as any questions to the office noted before an application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.

 The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Each individual will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on working days at the office noted before the application.

 Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.


Applications Received under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and Requests for Certification under section 401(a) of the FWPCA.

WATER OBSTRUCTIONS AND ENCROACHMENTS

Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.

Applicant: Columbia Gas Transmission, LLC (Applicant), 400 Louisiana St, Suite 14-113, Houston, TX 77002, Line 134 Replacement Project—East & West Projects.

 The applicant is proposing the installation and maintenance of an approximately 4.06-mile-long, 10-inch diameter pipeline and appurtenant facilities in various municipalities within Armstrong, Butler, and Clarion as part of the proposed Columbia Gas Line 134 Replacement Project. The project consists of six Chapter 105 Water Obstruction and Encroachment Permits and one Chapter 102 Erosion and Sediment Control Permit. Below are the Chapter 105 permit applications being reviewed by the Department.

GP081083218-001 & GP111083218-001. The Butler County portion of the project is located in Fairview Township, U.S. Army Corps of Engineers, Pittsburgh District. The proposed project is located in Fairview Township, Butler County starting at (Latitude: 41.012037°; Longitude -79.696592°) and extending to the county line (Latitude: 41.012354°; Longitude: -79.689958°).

 The proposed project impacts in Butler County include a total of 31 feet of temporary impacts and zero feet of permanent impacts to UNT to South Branch Bear Creek (WWF); 0.11 acre of floodway impacts; no wetlands will be impacted in Butler County.

GP080383218-001 & GP110383218-001. The Armstrong County portion of the project is located in Perry Township, U.S. Army Corps of Engineers, Pittsburgh District. The proposed project is located in Perry Township, Armstrong County starting at the county line (Latitude: 41.012354°; Longitude: -79.689958°) and extending to (Latitude: 41.025709°; Longitude -79.632699°).

 The proposed project impacts in Armstrong County include a total of 947 feet of temporary impacts and zero feet of permanent impacts to UNT to Pine Run (WWF), UNT to Allegheny River (WWF), UNT to Cove Run (WWF), and Cove Run (WWF); 2.59 acres of floodway impacts; 0.24 acre of temporary impacts to PEM; and 0.01 acre of permanent wetland impact due to PFO to PEM conversion. No mitigation is required, as the impacts are under de minimis.

GP081683218-001 & GP111683218-001. The Clarion County portion of the project is located in Toby Township, U.S. Army Corps of Engineers, Pittsburgh District. The proposed project is located in Toby Township, Clarion County starting at (Latitude: 41.046785°; Longitude -79.529572°) and extending to (Latitude: 41.045273°; Longitude -79.508948°).

 The proposed project impacts in Clarion County include a total of 731 feet of temporary impacts and zero feet of permanent impacts to UNT Cherry Run (CWF) and Cherry Run (CWF); 2.02 acres of floodway impacts; 0.49 acre of temporary impacts to PEM wetlands; and zero acre of permanent impacts to wetlands.

EROSION AND SEDIMENT CONTROL PERMITS

 The following parties have applied for Erosion and Sediment Control Permits for earth disturbance associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities.

 Unless otherwise indicated, on the basis of preliminary review and application of lawful standards and regulations, the Department proposes to issue a permit to discharge, subject to certain limitations in the permit conditions. These proposed determinations are tentative. Limitations are provided as erosion and sediment control best management practices which restrict the rate and quantity of sediment discharged.

 A person wishing to comment on a proposed permit are invited to submit a statement to the appropriate Department office listed before the application within 30 days of this public notice. Comments reviewed within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and relevant facts upon which it is based. A public hearing may be held after consideration of comments received by the appropriate Department office during the 30-day public comment period.

 Following the 30-day comment period, the program manager from the appropriate Department office will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to United States Court of Appeals for the 3rd Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790.

 The application and related documents, including the erosion and sediment control plan for the earth disturbance activity, are on file and may be inspected at the appropriate Department office.

 Persons with a disability that require an auxiliary aid, service or other accommodation to participate during the 30-day public comment period should contact the specified Department office. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.


Applications received under sections 5 and 402 of The Clean Streams Law (35 P.S. §§ 691.5 and 691.402).

Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.

ESG83016180001, ESG83000180001. The Department of Environmental Protection (Department) provides notice of receipt of an application for a Chapter 102, Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities. The application is currently under technical review for Line 134 Replacement Project—East & West Projects.

 This authorization is required for earth disturbance activities associated with oil and gas exploration, production, processing or treatment operations or transmission facilities when earth disturbance is five acres or greater. Review of this application is being coordinated among the Department and the associated county conservation districts.

 The application under review is as follows:


Permit No. Applicant Name & Address Counties DEP Office
ESG83016180001
ESG83000180001
Columbia Gas Transmission, LLC
400 Louisiana St
Suite 14-113
Houston, TX 77002
Clarion County
Armstrong and Butler Counties
Regional
Permitting
Coordination
Office

 More detailed information regarding the permit applications related to this proposed project is available from the Department's Regional Permit Coordination Office. Contact the Department's Regional Permit Coordination Office File Review Coordinator at 717-772-5987 to request a file review.

 Comments on the applications can be emailed or sent via postal mail to the Department of Environmental Protection, Regional Permit Coordination Office, Rachel Carson Building, 400 Market Street, 10th Floor, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.

PUBLIC NOTICE OF APPLICATION AND DRAFT STATE WATER QUALITY CERTIFICATION FOR A FERC REGULATED PIPELINE PROJECT

Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act for the Adelphia Gateway Project

Southeast Region: Waterways and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5160.

EA00012-001, Adelphia Gateway, LLC (Applicant), 1415 Wyckoff Road, Wall, NJ 07719. Aldelphia Gateway Project (Project Name), in Chester County (East Goshen Township, Whiteland Township, Charlestown Township and, East Pikeland Township); Delaware County (Chester Township, Concord Township, Lower Chichester Township, Thornberry Township and, Trainer Borough); Montgomery County (Skippack Township and Perkiomen Township); Bucks County (Richlandtown Borough and West Rockhill Township); and Northampton County (Lower Mount Bethel Township); Philadelphia District of U.S. Army Corps of Engineers. The proposed project starts at Martins Creek (Latitude: 40° 47` 36.04"; Longitude: 75° 7` 53.50") and ends at Marcus Hook (Latitude: 39° 48` 53.17"; Longitude: 75° 26` 19.12").

 On January 12, 2018, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. CP18-46-000 and CP18-46-001). The FERC Environmental Assessment for the Project, which was issued on January 4, 2019, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search CP18-46-000 and CP18-46-001).

 On March 4, 2019, Applicant requested a state water quality certification (SWQC) from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in this Commonwealth consistent with the requirements of State law and the Clean Water Act.

 The Project, as proposed, includes use of 84.2 miles of existing 18-inch pipeline and 4.4 miles of new 20-inch pipeline to transport natural gas from Martins Creek, Northampton County to Marcus Hook, Delaware County. In addition, Adelphia Gateway Project proposes to construct the following new facilities along the Existing Mainline:

 • two 5,625 horsepower compressor stations (CS)—one near Quakertown and one near Marcus Hook;

 • one 4.4 mile 16-inch pipeline lateral (a.k.a. Tilghman Lateral);

 • one 0.3 mile 16-inch pipeline lateral (a.k.a. Parkway Lateral);

 • five-meter stations;

 • two mainline valves (MLVs);

 • seven blowdown assembly valves (blowdowns) at existing MLVs;

 • four pig launcher/receiver facilities;

 • two new tap valves; and

 • one wareyard within the limits of the existing Marcus Hook Pump Station for the storage of pipe and contractor facilities.

 The Project, as a whole, proposes approximately 47 acres of earth disturbance, and impacts 37 linear feet of Marcus Hook Creek (WWF, MF) and 12 linear feet of Stoney Creek (WWF, MF), 0.155 acre of floodway, 0.820 acre of temporary PEM and PSS wetland impacts, and 0.010 acre of PEM and PSS wetland permanent impacts.

 The Department, by this notice, is proposing to issue a SWQC to Adelphia Gateway, LLC for the Adelphia Gateway Project. The Department is proposing to certify that construction, operation and maintenance of the Adelphia Gateway Project complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department is proposing to further certify that the construction, operation and maintenance of the Adelphia Gateway Project complies with water quality standards in this Commonwealth and that the construction, operation and maintenance of the projects does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the project complies with the following Department water quality permitting programs, criteria and conditions established pursuant to Pennsylvania law:

 1. Discharge Permit—Applicant shall obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of the pipeline associated with the Project pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and compliance), and all other applicable regulations.

 2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with an Erosion and Sediment Control Permit(s) for earth disturbance associated with the Project issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), 25 Pa. Code Chapter 102 (relating to erosion and sediment control), and all other applicable regulations.

 3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Water Obstruction and Encroachment Permit(s) for the construction, operation and maintenance of all stream and wetland crossings associated with the Project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), 25 Pa. Code Chapter 105 (relating to dam safety and waterway management), 25 Pa. Code Chapter 106 (relating to floodplain management) and all other applicable regulations.

 4. Other Water Quality Requirements—Applicant shall obtain any other permits, authorizations or approvals required to construct, operate, and maintain the Project from any interstate or international agency as required by an interstate compact or international agreement that has established water quality standards applicable to surface waters of this Commonwealth, including wetlands.

 5. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality associated with the Project is not adversely impacted by any operational and construction process that may be employed by Applicant.

 6. Operation—Applicant shall properly operate and maintain at all times all Project facilities and systems of treatment and control (and related appurtenances) installed to achieve compliance with the terms and conditions of this SWQC and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.

 7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department or the delegated County Conservation District to determine compliance with this SWQC, including all required permits, authorizations or approvals required by this SWQC. The Applicant shall provide a copy of this SWQC to an authorized representative conducting an inspection of the Project.

 8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project or any portion(s) thereof, the Applicant shall provide a copy of this SWQC and copies of any permits, authorizations or approvals obtained to comply with the SWQC upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the appropriate Department office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owners containing a specific date for transfer of responsibility, coverage, and liability under the SWQC and any permits, authorizations and approvals obtained to comply with the SWQC. The new owner shall submit to the Department a new application form for the SWQC and any permits, authorizations and approvals required to comply with the SWQC signed by the new owner.

 9. Correspondence—All correspondence with and submittals to the Department concerning this SWQC shall be addressed to Department of Environmental Protection, Southeast Regional Office, John Hohenstein, PE, Acting Program Manager, 2 East Main Street, Norristown, PA 19428.

 10. Reservation of Rights—The Department may modify, suspend, or revoke this SWQC if (i) the Department becomes aware of new facts about the Project that warrant such action; or (ii) the Department determines that the Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with any applicable law or regulation.

 11. Other Laws—Nothing in this SWQC shall be construed to preclude the institution of any legal action or to relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable law or regulation.

 12. Severability—The provisions of this SWQC are severable and should any provision of this SWQC be declared invalid or unenforceable, the remainder of this SWQC shall not be affected thereby.

 Prior to issuance of the final SWQC, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Comments should be directed to John Hohenstein, PE, Acting Program Manager, at the above address or through the Pennsylvania AT&T Relay Service at 800-654-5984 (TDD). Comments must be submitted in writing and contain the name of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.

Proposed State Water Quality Certification Required by Section 401 of the Clean Water Act for the Plug and Abandon Hunters Cave 3675
Storage Well Project

Southwest Region: Oil and Gas Operations, 400 Waterfront Drive, Pittsburgh, PA 15222, Brian Bailey (570) 974-2604.

EA-WQ-30-07-001, Equitrans, LP (Applicant), 2200 Energy Drive, Canonsburg, PA 15317. Plug and Abandon Hunters Cave 3675 Storage Well Project (Project), in Greene County, Center Township, Pittsburgh District ACOE. The proposed project starts at Applicant's existing pipeline in Center Township (Rogersville, PA Quadrangle N: 39°, 55`, 47.77"; W: 80°, 17`, 44.93") and ends at the Hunters Cave 3675 Storage Well (Rogersville, PA Quadrangle N: 39°, 55`, 54.26"; W: 80°, 17`, 50.00").

 On December 10, 2018, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a certificate of public convenience and necessity to construct and operate its Project (FERC Docket No. [CP19-24-000]). The FERC Environmental Assessment for the Project, which was issued on February 15, 2019, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; Docket No. CP19-24-000).

 On December 18, 2018, Applicant requested a State water quality certification, a GP-8 (GP083007218-512) application, and a GP-11 (GP113007218-504) from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in this Commonwealth through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.

 The Project, as proposed, includes the plug and abandonment of one natural gas storage well and the abandonment in place of approximately 800 feet of six-inch diameter natural gas pipeline that is part of Equitrans' existing Hunters Cave Storage Field. The Project, as proposed, will require approximately 0.22 acre of earth disturbance, and temporary impacts to 0.024 acre of palustrine emergent wetland.

 The Department is proposing to issue a State water quality certification to Applicant for the Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure the Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:

 1. Erosion and Sediment Control Plan—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17), and all applicable implementing regulations (25 Pa. Code Chapter 102).

 2. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations (25 Pa. Code Chapter 105).

 3. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.

 4. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.

 5. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this certification shall be available for inspection by the Department during such inspections of the Project.

 6. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them.

 7. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to Department of Environmental Protection, Southwest District Office, Samantha Sullivan, 400 Waterfront Drive, Pittsburgh, PA 15222.

 8. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that Applicant has not complied with the terms and conditions of this certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.

 9. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.

 10. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby. Prior to issuance of the final State water quality certification, the Department will consider all relevant and timely comments, suggestions or objections submitted to the Department within 30 days of this notice. Comments should be directed to Samantha Sullivan, Aquatic Biologist, at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.

New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.

 Notice is hereby given that the Department of Environmental Protection has requested a Stage 3 (FINAL) Bond Release for Coal Mining Activity Permit Number 35A77SM4 (Cross Mine) which was originally issued on September 09, 1977. This release is being requested pursuant to the Surface Mining Conservation and Reclamation Act.

 The reclaimed mine site for which the bond release is being requested consists of 7.5 acres and is located on the current Buffalo Valley LTD property in East Franklin Township, Armstrong County. The mine site is located at the intersection of Sotos Road and T530 as show on the Kittanning 7.5 minute USGS topo map. Bond release is being requested for $3,085.00 on 7.5 acres. The Stage 3 area has been revegetated for over five years and is capable of supporting the post-mining land use.

 Written comments, objections, or a request for a public hearing or informal conference may be submitted to the Department of Environmental Protection, New Stanton District Office, 131 Broadview Road, New Stanton, PA 15672 within thirty (30) days from the date of the final (4th) publication of this notice and must include the person's name, address, telephone number and a brief description as to the nature of the objections.

[Pa.B. Doc. No. 19-369. Filed for public inspection March 15, 2019, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.