[31 Pa.B. 5580]
[Continued from previous Web Page] Monitoring Requirements
§ 123.108. Source emissions monitoring requirements.
a. The NOx emissions from each NOx affected source at this facility shall be monitored as specified in 25 Pa. Code § 123.108 and in accordance with the procedures contained in the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.''
b. As referenced in 25 Pa. Code § 123.108(2), the permittee shall submit to the Department and the NOx Budget Administrator a monitoring plan in accordance with the procedures outlined in the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.''
c. New and existing unit emission monitoring systems, as required and specified by 25 Pa. Code § 123.108(4) and the NOx affected source's monitoring plan approved by the Department, shall be installed and operational. The installed emission monitoring systems shall have met all of the certification testing requirements in accordance with the procedures and deadlines specified in the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program'' in a manner consistent with 25 Pa. Code Chapter 139 (relating to sampling and testing).
d. Sources subject to 40 CFR Part 75 shall demonstrate compliance with 25 Pa. Code § 123.108 by using a certified Part 75 monitoring system.
e. During a period when valid data is not being recorded by devices approved for use to demonstrate compliance with the NOx Allowance Requirement subchapter, the permittee shall replace missing or invalid data with representative default data in accordance with 40 CFR Part 75 (relating to continuous emission monitoring) and the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.'' For non-Part 75 sources that have Department approved NOx CEMS reporting of NOx emissions in pounds of NOx per hour as required under 25 Pa. Code § 139.101, the data shall be reported to the NETS. The permittee shall continue to report submissions as required under 25 Pa. Code Chapter 139 to the Department.
Testing Requirements
§ 123.108. Source emissions monitoring requirements.
Monitoring systems for each NOx affected source shall comply with the initial performance testing and periodic calibration, accuracy testing and quality assurance/quality control testing as specified in the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.''
Reporting Requirements
§ 123.109. Source emissions reporting requirements.
The authorized account representative shall submit to the NOx Budget Administrator, electronically, emissions and operations information for each calendar quarter of each year in accordance with the document titled ''Guidance for Implementation of Emission Monitoring Requirements for the NOx Budget Program.'' The emissions and operations information shall be submitted in a format, which meets the requirements of EPA's Electronic Data Reporting convention.
Compliance Requirements
§ 123.110. Source compliance requirements.
a. Each year from November 1 through December 31, inclusive, the authorized account representative shall request the NOx Budget Administrator to deduct, consistent with 25 Pa. Code § 123.107 (relating to NOx allowance transfer procedures), a designated amount of NOx allowances by serial number from the NOx affected source's compliance account in an amount equivalent to the NOx emitted from the NOx affected source during that year's NOx allowance control period. The designated NOx allowances shall be used in accordance with the requirements specified in 25 Pa. Code § 123.110.
b. For each NOx allowance control period, the authorized account representative for the NOx affected source shall submit an annual compliance certification to the Department no later than the NOx allowance transfer deadline (December 31) of each year.
c. At a minimum, the compliance certification shall contain the information and statement required under 25 Pa. Code § 123.110(e)(1)--(6).
Recordkeeping Requirements
§ 123.113. Source recordkeeping requirements.
The owner or operator shall maintain for each NOx affected source at this facility, the measurements, data, reports and other information required by 25 Pa. Code §§ 123.101--123.120. The records shall be maintained for 5 years or any other period consistent with the terms of the NOx affected source's operating permit.
16. § 123.121 NOx Allowance Program Transition
The emission limitations and monitoring requirements established in 25 Pa. Code §§ 123.101--123.120 (relating to NOx allowance requirements) are replaced by the requirements in Chapter 145 beginning with the May 1, 2003, control period. If a source has failed to demonstrate compliance with 25 Pa. Code § 123.111 (relating to failure to meet source compliance requirements), the provisions in 25 Pa. Code § 145.54(d) (relating to compliance) shall be used to withhold NOx allowances in calendar year 2003 and beyond. If no NOx allowances are provided to the source under 25 Pa. Code § 145.52 (relating to NOx allowance allocations), the source will be obligated to acquire and retire a number of NOx allowances as specified in 25 Pa. Code § 145.54.
§§ 145.1--145.90 NOx Budget Trading Program Incorporation.
The emissions limitations, monitoring and all other requirements of the NOx Budget Trading Program established in 25 Pa. Code §§ 145.1--145.90 are hereby incorporated by reference.
§ 145.10 Authorization and responsibilities of the NOx authorized account representative.
a. [§ 145.10(a)] Except as provided under 25 Pa. Code § 145.11 (relating to alternate NOx authorized account representative), each NOx budget source, including all NOx budget units at the source, shall have one and only one, NOx authorized account representative, with regard to all matters under the NOx Budget Trading Program concerning the source or any NOx budget unit at the source.
b. [§ 145.10(e)] Each submission under the NOx Budget Trading Program shall be submitted, signed and certified by the NOx authorized account representative for each NOx budget source on behalf of which the submission is made.
§ 145.6(a) Standard requirements--Monitoring requirements.
a. The owners and operators and the NOx authorized account representative of each NOx budget source and each NOx budget unit at the source shall comply with the monitoring requirements of 25 Pa. Code §§ 145.70--145-76 (relating to recordkeeping and recording requirements) by May 1, 2002.
b. The emissions measurements recorded and reported in accordance with 25 Pa. Code §§ 145.70--145.76 shall be used to determine compliance by the unit with the NOx budget emissions limitation under 25 Pa. Code § 145.6(c)
§ 145.6(b) Standard requirements--NOx requirements.
a. The owners and operators of each NOx budget source and each NOx budget unit at the source shall hold NOx allowances available for compliance deductions under 25 Pa. Code § 145.54 (relating to compliance), as of the NOx allowance transfer deadline, in the unit's compliance account and the source's overdraft account in an amount not less than the total NOx emissions for the control period from the unit, as determined in accordance with 25 Pa. Code §§ 145.70--145.76 (relating to recordkeeping and reporting requirements) plus any amount necessary to account for actual heat input under § 145.42(e) (relating to NOx allowance allocation) for the control period or to account for excess emissions for a prior control period under 25 Pa. Code § 145.54(d) or to account for withdrawal from the NOx budget trading program, or a change in regulatory status, of a NOx budget opt-in unit under 25 Pa. Code §§ 145.86 and 145.87 (relating to withdrawal from NOx Budget Trading Program; and opt-in source change in regulatory status).
b. A NOx budget unit shall be subject to the requirements under paragraph (a) starting on May 1, 2003, or the date on which the unit commences operation, whichever is later.
§ 145.6(c) Standard requirements--Excess emissions.
The owners and operators of a NOx budget unit that has excess emissions in any control period shall do the following:
Surrender the NOx allowances required for deduction under 25 Pa. Code § 145.54(d)(1) (relating to compliance).
§ 145.6(d) Standard requirements-Recordkeeping and reporting requirements
Unless otherwise provided, the owners and operators of the NOx budget source and each NOx budget unit at the source shall maintain at a central location and provided upon request by the Department of the NOx budget administrator all documents required under 25 Pa. Code § 145.6(d) for a period of 5 years from the date the document is created. This period may be extended for cause, at any time prior to the end of the 5 years, in writing by the Department or the Administrator.
§ 145.74(b) Standard requirements--Monitoring plans.
a. The owner or operator of a unit subject to an acid rain emissions limitation shall comply with requirements of 40 CFR 75.62 (relating to monitoring plans), except that the monitoring plan shall also include all of the information required by 40 CFR Part 75, Subpart H.
b. The owner or operator of a unit that is not subject to an acid rain emissions limitation shall comply with requirements of 40 CFR 75.62, except that the monitoring plan is only required to include the information required by 40 CFR Part 75, Subpart H.
§ 145.74(c) Certification applications.
The NOx authorized account representative shall submit an application to the Department within 45 days after completing all initial certification or recertification tests required under 25 Pa. Code § 145.71 (relating to initial certification and recertification procedures) including the information required under 40 CFR Part 75, Subpart H.
§ 145.74 Source emission reporting requirements.
a. The authorized account representative shall submit to the Department and to the NOx Budget Administrator a quarterly emissions report in accordance with the requirements of 25 Pa. Code § 145.74(d).
b. The NOx authorized account representative shall submit to the Department and the NOx Budget Administrator a compliance certification in support of each quarterly report required under 25 Pa. Code § 145.74(d) based on reasonable inquiry of those persons with primary responsibility for ensuring that all of the units emissions are correctly and fully monitored.
§ 145.30 Compliance certification report.
For each control period in which one or more NOx budget units at a source are subject to the NOx budget emissions limitation, the NOx authorized account representative of the source shall submit to the Department and the NOx Budget Administrator by November 30 of that year, a compliance certification report for the source covering all of the units.
§ 145.90 Emission reduction credit provisions.
NOx budget units may create, transfer and use ERCs in accordance with 25 Pa. Code Chapter 127 and § 145.90. ERCs may not be used to satisfy NOx allowance requirements.
17. Under the provisions of 25 Pa. Code Chapter 127, Subchapter E, New Source Review, the permittee shall secure Department-approved nitrogen oxides (NOx) Emission Reduction Credits (ERCs) in the amount of 529.2 tons per year prior to the commencement of operation of the combustion turbines.
18. Under the Lowest Achievable Emission Rate (LAER) provisions of 25 Pa. Code § 127.205, the permittee shall limit the NOx emissions (corrected to 15% O2) from each combustion turbine to the following:
1 hour NOx averages calculated from a 3-hour rolling block average Mode Natural Gas (Premix) Natural Gas (Diffusion) Liquid Fuel (Diffusion) (At 15% Oxygen) Base Peak Base Peak Base Peak Simple Cycle 9 ppmvd 25 ppmvd 42 ppmvd 42 ppmvd 42 ppmvd 42 ppmvd Combined Cycle 2.5 ppmvd 7 ppmvd 9 ppmvd 9 ppmvd 9 ppmvd 9 ppmvd
19. Under the Best Available Control Technology (BACT) provisions of 25 Pa. Code § 127.83, carbon monoxide (CO) emissions from the combustion turbines when firing natural gas or liquid fuel shall not exceed 6.0 ppmvd 15% oxygen on an hourly basis (3 hour rolling average) when operating in either simple cycle or combined cycle modes.
20. Under the BACT provisions of 25 Pa. Code § 127.83, sulfur dioxide (SO2) emissions from the combustion turbines operating in either simple or combined cycle modes shall not exceed:
a. 0.003 pound per million BTU (HHV) on an hourly basis when firing natural gas; and
b. 0.051 pound per million BTU (HHV) on an hourly basis when firing liquid fuel.
21. Under the BACT provisions of 25 Pa. Code § 127.83, PM/PM10 emissions from the combustion turbines shall not exceed:
a. 0.0135 pound per million BTU (HHV) on an hourly basis when firing natural gas for the simple cycle mode of operation; and
b. 0.0184 pound per million BTU (HHV) on an hourly basis when firing liquid fuel for the simple cycle mode of operation; and
c. 0.0141 pound per million BTU (HHV) on an hourly basis when firing natural gas for the combined cycle mode of operation; and
d. 0.0288 pound per million BTU (HHV) on an hourly basis when firing liquid fuel for the combined cycle mode of operation.
22. Under the BACT provisions of 25 Pa. Code § 127.83, Sulfuric acid (H2SO4) mist emissions from the combustion turbines shall not exceed:
a. 0.00023 pound per million BTU (HHV) on an hourly basis when firing natural gas for the simple cycle mode of operation; and
b. 0.00390 pound per million BTU (HHV) on an hourly basis when firing liquid fuel for the simple cycle mode of operation; and
c. 0.00046 pound per million BTU (HHV) on an hourly basis when firing natural gas for the combined cycle mode of operation; and
d. 0.00780 pound per million BTU (HHV) on an hourly basis when firing liquid fuel for the combined cycle mode of operation.
23. Section 127.83, volatile organic compound (VOC) emissions (corrected to 15% oxygen) from the combustion turbines shall not exceed:
a. 1.2 ppmvd on an hourly basis when operating in either simple or combined cycle operation while firing natural gas in the premix configuration; and
b. 1.3 ppmvd on an hourly basis when operating in either simple or combined cycle operation while firing either natural gas in the diffusion configuration or while burning liquid fuel.
24. Under the Best Available Technology (BAT) provisions of 25 Pa. Code § 127.1, the permittee shall limit the emission of ammonia for each selective catalytic reduction (SCR) system exhaust to 10 ppmvd, measured dry volume corrected to 15% oxygen, under normal operation.
25. The emission limitations specified in Conditions 20, 21, 22, 23, 24, 25, 26 and 29 shall not be applied to the periods of start-up and shutdown, defined and limited as follows:
Startup: Commences with the initiation of fuel injection into the combustion chambers and ends when the combustion turbine reaches 50% load
Cold Startup: Refers to restarts made more than 24 hours after shutdown. When operating in the simple cycle mode, a cold startup shall not exceed 20 minutes. When operating in the combined cycle mode, a cold startup shall not exceed 60 minutes.
Hot Startup: Refers to restarts made less than 24 hours after shutdown. When operating in the simple cycle mode, a hot startup shall not exceed 20 minutes. When operating in the combined cycle mode, a hot startup shall not exceed 30 minutes.
Shutdown: Commences when the combustion turbine load falls below 50% and ends when the fuel injection into the combustion chambers is terminated. Shutdown shall not exceed 20 minutes.
26. Total emissions from respective sources at the facility shall not exceed, during any consecutive 12 month rolling period, the following limits:
Facility Emission Limits, tons Pollutant Gas Turbines (All) Cooling Tower Fuel Oil
StorageAncillary Equipment Facility Total NOx 460.2 460.2 CO 439.3 439.3 VOC 45.0 0.4 0.6 46.0 PM10 520.6 7.4 528.0 SO2 50.2 301.0 Ammonia 444.5 444.5 Sulfuric Acid Mist 46.1 46.1
27. Hazardous Air Pollutant (HAP) emissions from the combustion turbines shall be less than 10 tons for any single HAP and 25 tons aggregate for any combination of HAPs during any consecutive rolling 12-month period.
28. Under the provisions of 25 Pa. Code § 123.31, there shall be no malodorous emissions from any operation related to any source covered under this Plan Approval.
29. Under the provisions of 25 Pa. Code § 123.41, the visible air contaminants from each combustion turbine exhaust stack shall not be emitted in a manner that the opacity of the emission is equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any one hour; or equal to or greater than 60% at any time.
30. Within 60 days after achieving the maximum firing rate for each gas turbine source, but not later than 180 days after start-up, the permittee shall demonstrate compliance with each emission limit established in Conditions 20, 21, 22, 23, 24, 25, 26, 29 and opacity as per Section 60.8 and 40 CFR Part 60 Subpart GG and Chapter 139 of the Rules and Regulations of the Department of Environmental Protection.
31. At least 60 days prior to the test, the permittee shall submit to the Department for approval the procedures for a test and a sketch with dimensions indicating the location of sampling ports and other data to ensure the collection of representative samples.
32. At least 30 days prior to the test, the Regional Air Quality Program Manager shall be informed of the date and time of the test.
33. Within 60 days after the source tests, two copies of the complete test report, including all operating conditions, shall be submitted to the Regional Air Quality Program Manager for approval.
34. Continuous emission monitoring system for nitrogen oxides (as NOx), carbon monoxide (CO) and diluent gas (O2 or CO2) must be approved by the Department and installed, operated and maintained in accordance with the requirements of Chapter 139 of the Rules and Regulations of the Department of Environmental Protection. Proposals containing information as listed in the Phase I section of the Department's Continuous Source Monitoring Manual for CEMs must be submitted at least 3 months prior to the start-up of the combustion turbines.
35. Phase I Department approval must be obtained for the monitors described in Condition 33 prior to initial start-up of the combustion turbines. Phase III Department approval must be obtained within 60 days of achieving the maximum production rate at which the turbines will be operated, but not later than 180 days after initial start-up of the turbines. Department review time for the Phase III report (time between postmark of the permittee's Phase III report and the postmark of the Department's response letter) will not be charged against the turbines in determining compliance with this condition. Information on obtaining Department approval is included in the Department's Continuous Source Monitoring Manual.
36. The permittee shall install and maintain fuel flow monitors that meet the requirements of 40 CFR Part 75.
37. The permittee shall monitor the sulfur and nitrogen content of the fuel being fired in the combustion turbines as per 40 CFR 60.334(b), unless the permittee receives approval from the EPA to use an alternative method as per 40 CFR 60.13. In addition, the permittee shall monitor water to fuel ratios as required under 40 CFR 60 GG, unless the permitee receives approval from the EPA to use NOx continuous emission monitoring system to maintain conformance with the applicable NOx emissions permit limits.
38. In order to ensure the proper operation of the SCR system, the permittee shall measure outlet NOx emissions and ammonia flow control valve position (an indicator of the proper ammonia flow rate)
39. The permittee shall record each start-up and shutdown, including date and times of each event, for the combustion turbines.
40. The permittee shall, at a minimum, record the following:
a. Monthly fuel consumption for each combustion turbine
b. 12-month rolling total fuel consumption
c. Monthly emissions of TSP/PM10, SO2, NOx, CO, H2SO4 and VOC
d. 12-month rolling total of the emissions identified in Condition (41)(c)
e. Results of fuel sampling
f. SCR performance
41. All emissions shall be determined by the methods found in 40 CFR Part 60 Subpart GG, the Plan Approval Application and supplemental materials and Continuous Source Monitoring Manual.
42. The Facility shall limit the particulate emissions from the cooling tower to 7.4 tons per year in a 12-month rolling period. The solids concentration in the blowdown for each cooling tower shall not exceed 1160 mg/L (averaged over 12-month rolling period).
43. The Facility shall keep a record of the results of the testing for the cooling tower blowdown water total solids content.
44. Records required under this Plan Approval, 40 CFR Part 60 Subpart GG and 40 CFR Parts 72 and 75 shall be kept for a period of 5 years and shall be made available to the Department upon request.
a. The permittee shall maintain records on all air pollution control system performance evaluations and records of calibration checks, adjustments and maintenance performed on all equipment, which is subject to this plan approval.
b. The permittee shall maintain a copy of the manufacturer's recommendation for the six combustion turbines, two cooling towers and air pollution control equipment on-site.
c. The permittee shall maintain a copy of the manufacturer's recommendations for all CEMs that are required by this Plan Approval.
d. The permittee shall keep a record of the date of malfunction, the time of the malfunction, the cause of the malfunction and the action taken to correct the malfunction.
e. The permittee shall keep a record monitoring or testing associated with any cooling tower sampling for calculation of particulate emissions from this source.
45. The Department reserves the right to use the CEM data, stack test results and the operating parameters determined during optimization of the turbines and their associated air cleaning devices to verify emission rates, to establish emission factors and to develop compliance assurance measures in the Operating Permit.
46. The permittee shall conduct post-construction monitoring of PM-10 in order to ascertain attainment with National Ambient Air Quality Standards.
47. A post-construction PM-10 monitoring protocol shall be submitted to the Department within 3 months of issuance of the plan approval.
48. The monitoring of PM-10 shall commence at the start of simple cycle operation and shall be conducted in accordance with the ''Ambient Monitoring Guidelines for Prevention of Significant Deterioration (EPA-450/4-87-007).''
As an alternative to EPA Guideline Models, AERMOD, was used in the air quality analysis. Specific approval for the use of AERMOD in this analysis was granted by the EPA Region III Administrator and was consistent with the recommendations under section 3.2 of Appendix W to 40 CFR Part 51.
A public hearing will be held for the purpose of receiving comments on the proposed air quality plan approval and the appropriateness of using the alternate air model AERMOD for air quality purposes. The hearing will be held on November 1, 2001, at 7 p.m. at City Hall, 10 East Church Street, Bethlehem, PA, 18018. Persons interested in commenting are invited to appear at the public hearing. Persons unable to attend the hearing can submit written testimony to the Department through November 11, 2001.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Ronald Davis, New Source Review Chief, (717) 705-4702.
07-05001E: Appleton Papers Inc.--Spring Mill (100 Paper Mill Road, Roaring Spring, PA 16673) for installation of the High Volume Low Concentration (HVLC) Non-Condensable Gas (NCG) collection system in Roaring Spring Borough, Blair County. The NCG from the kraft pulping system vents will be collected and transported to the facility's No. 3 Power Boiler for combustion. The HVLC NCG will be collected and combusted as required by 40 CFR Part 63 Subpart S, section 63.443. The No. 3 Power Boiler is expected to provide efficient control of hazardous air pollutants from the burning of the HVLC NCG. No net increase of nitrogen oxides or sulfur dioxide is expected from this project at the No. 3 Power Boiler. Appleton Papers Inc. is a kraft pulp and paper mill located in Roaring Spring Borough, Blair County. The facility currently has a Title V Permit No. 07-05001. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the Title V Operating Permit through an administrative amendment at a later date. The Plan Approval will contain additional recordkeeping and operating restrictions designed to keep the facility operating within the requirements of 40 CFR Part 63, Subpart S. The Title V Operating Permit will be modified to include the use of the No. 3 Power Boiler as a control device.
38-03035: V & S Lebanon Galvanizing, LLC (1000 Buckeye Park Road, Columbus, OH 43207) for construction of a hot dip galvanizing operation controlled by a fabric collector at its Lebanon Plant in Union Township, Lebanon County. The plant is a non-Title V (State only) facility. The operation will have the potential to emit about 1.1 TPY of CO, 0.6 TPY of NOx and 0.2 TPY of PM-10. The plant will have an annual steel throughput limit of 36,000 tons during any consecutive 12-month period. The plan approval will also contain additional work practice and emission standards, as well as testing, monitoring, record keeping and reporting requirements.
38-05019A: AES Ironwood, L.L.C. (305 Prescott Road, Lebanon, PA 17042) for the transfer of nitrogen oxides (NOx) and volatile organic compounds (VOC) emission reduction credits (ERC). The 509 tons per year of NOx and 179 tons per year of VOC ERCs are required to offset potential emissions from the facility in South Lebanon Township, Lebanon County in accordance with 25 Pa. Code, Section 127, Chapter E, New Source Review. The ERC transfer language will be included in the facility's eventual Title V operating permit.
Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Leif Ericson, Program Manager, (717) 705-4702.
67-03089: John W. Keffer Funeral Home, Inc. (902 Mt. Rose Avenue, York, PA 17403-2938) for operation of its human crematory in York City, York County. The crematory has the potential to emit 3 tons of NOx per year. The Natural Minor operating permit will include monitoring and record keeping requirements, emission restrictions and work practice standards designed to keep the site operating within all applicable air quality requirements.
MINING ACTIVITY APPLICATIONS 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); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). Mining activity permits issued in response to the applications will also address the applicable permitting requirements of the following statutes: the Air Pollution 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).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of the application is available for inspection at the District Mining Office indicated before each application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for certification.
Written comments or objections, or requests for informal conferences on applications, may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the same address within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34 (relating to public notices of filing of permit applications, opportunity for comment and informal conferences).
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. NPDES permits will contain, at a minimum, technology-based effluent limitations (as described in the Department's regulations--25 Pa. Code §§ 77.522, 87.102, 88.92, 88.187, 88.242, 89.52 and 90.102) for iron, manganese, suspended solids, settleable solids, alkalinity and pH. In addition to the previous, more restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies which have requested review of the NPDES permit requirements for a particular mining activity within the previously-mentioned public comment period will be provided with a 30-day period to review and submit comments on those requirements.
Written comments or objections should contain the name, address and telephone number of persons submitting comments or objections; application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based. Requests for an informal conference must contain the name, address and telephone number of requestor; application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.
30940102. Shafer Brothers Construction, Inc. (668 Lower Hildebrand Road, Morgantown, WV 26501). Received renewal application for reclamation only of a bituminous surface mine located in Greene Township, Greene County affecting 25.5 acres. Receiving streams: unnamed tributary of Whitely Creek. Renewal application received: September 11, 2001.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
32910105. GLR Mining, Inc. (P. O. Box 105, Clymer, PA 15728). Permit Renewal for continued restoration of a bituminous surface mine in Canoe Township, Indiana County, affecting 52.8 acres. Receiving streams: unnamed tributary to Brewer Run. Application received: September 17, 2001.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
37840106. Kerry Coal Company (R. R. 2, Box 2139, Wampum, PA 16157). Renewal of an existing bituminous surface strip, auger and tipple refuse disposal operation in Perry Township, Lawrence County affecting 278.0 acres. Receiving streams: Camp Run, classified for the following uses: Statewide water uses: WWF. No public water supplies are within 10 miles downstream of this proposed operation. Application for reclamation only. Application received: September 17, 2001.
Noncoal Applications Received
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
6075SM3C5. Eastern Industries, Inc. (4401 Camp Meeting Road, Center Valley, PA 18034), NPDES Permit #PA0069744 Renewal Application on existing noncoal permit in Union Township, Union County, affecting 415 acres. Receiving streams: unnamed tributary to Winfield Creek and Winfield Creek. No additional or increased discharges are proposed. Application received: September 17, 2001.
Noncoal Applications Returned
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
7774SM3A1C. Eastern Industries, Inc., (4401 Camp Meeting Road, Suite 200, Center Valley, PA 18034-9454), correction to an existing quarry operation in Maxatawny Township, Berks County affecting 205.0 acres, receiving stream--Maiden and Saucony Creeks. Application received: September 21, 1994. Application returned: September 20, 2001.
FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401 The following permit applications and requests for Environmental Assessment approval and requests for Water Quality Certification have been received by the Department of Environmental Protection. Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341(a)), requires the State to certify that the involved projects will not violate the applicable provisions of 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. Initial requests for 401 Water Quality Certification will be published concurrently with the permit application. Persons objecting to approval of a request for certification under Section 401 or to the issuance of a Dam Permit or Water Obstruction and Encroachment Permit, or the approval of an Environmental Assessment must submit any comments, suggestions or objections within 30 days of the date of this notice as well as any questions to the office noted before the 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 the hours of 8 a.m. and 4 p.m. on each working day 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 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
EA23-004SE. Milrow Development Corporation, 533 Glendale Road, Havertown, PA 19083, Concord Township, Delaware County, ACOE Philadelphia District.
A request for an Environmental Assessment for impacts associated with the construction of a nonjurisdictional dam across Webb Creek (TSF), (West Branch Chester Creek) and a section of wetlands (PFO1). This project will provide stormwater management for the proposed Milrow Development Site. The dam and associated components will impact about 0.276 aces of wetlands (PFO1). The project is situated approximately 2000 feet northeast of the intersection of Route 491 and Garnet Mine Road (Wilmington-North, Quadrangle N: 17.80 inches; W: 2.30 inches).
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E45-418. Pennsylvania-American Water Company, 20 East Union Street, Wilkes-Barre, PA 18701-1397, in Coolbaugh Township, Monroe County, U. S. Army Corps of Engineers, Philadelphia District.
To remove the existing sanitary sewer line and to construct and maintain 90 feet of 15-inch diameter P.V.C. sanitary sewer line in PEM wetlands for the purpose of correcting a negative slope condition while reducing exfiltration of the sewer line. The project is located in Pocono Country Place, Section G-14, between North Country Place Drive and Fawn Lane. (Tobyhanna, PA Quadrangle N: 12.8 inches; W: 0.7 inch).
E35-346. Jefferson Township Sewer Authority, R. R. 3, Box 394A, Lake Ariel, PA 18436, in Jefferson Township and Boroughs of Dunmore, Throop, Lackawanna County, U. S. Army Corps of Engineers, Baltimore District.
To place fill in a de minimis area of wetlands less than or equa to 0.05 acre within the West Branch Wallenpaupack Creek Watershed (HQ-CWF); to construct and maintain numerous sanitary sewer line stream crossings of Eddy Creek (CWF), unnamed tributaries Eddy Creek and unnamed tributaries to West Branch Wallenpaupack Creek; and to construct and maintain numerous wetland crossings within the Eddy Creek and West Branch Wallenpaupack Creek Watersheds for the purpose of constucting the Jefferson Township Wastewater Collection System Project. The project consists of approximately 31 miles of collection system and five pumping stations. The project begins (Olyphant, PA Quadrangle N: 10.3 inches; W: 15.2 inches) in the Borough of Dunmore and extends west along S.R. 0247 to various locations (Lake Ariel, PA Quadrangle N: 10.5 inches; W: 10.4 inches) in Jefferson Township.
E48-314. Department of Conservation and Natural Resources, Jacobsburg State Park, 836 Jacobsburg Road, Windgap, PA 18091, in Bushkill Township, Northampton County, U. S. Army Corps of Engineers, Philadelphia District.
To construct and maintain a stream restoration project consisting of structural and soil bioengineering stabilization measures and fish enhancement structures in and along a 680 L.F. section of Bushkill Creek (HQ-CWF). The project is located in Jacobsburg State Park, approximately 0.5 mile west of the Belfast Exit of S.R. 0033. (Windgap, PA Quadrangle N: 4.5 inches; W: 4.1 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E06-553. Jeffrey Smallman, PennDOT 5-0, 1713 Lehigh Street, Allentown, PA 18103 in Brecknock, Camru and Spring Townships, Berks County.
To (1) construct and maintain a bridge (60 feet by 105 feet); (2) construct and maintain two culverts (18 feet by 66 feet and 18 feet by 78 feet) and a stream enclosure (18 feet by 318) feet across Little Muddy Creek; (3) a bridge (54 feet by 60 feet) and a culvert (36 inches by 50 feet) across unnamed tributaries of Little Muddy Creek and two stream enclosures (7.2 feet by 240 feet and 8.1 feet by 240 feet) and a 918-foot stream relocation across Klines Creek; and (4) fill in the floodway of Little Muddy Creek and Klines Creek and fill in the floodplain of Little Muddy Creek. Proposed activity for overall project will impact 4.14 acres of wetland and 0.03 acre of temporary wetland impact. 8.24 acres of wetland creation and 7.57 acres of wetland enhancement are designed for wetland compensation. The project is located in Brecknock, Camru and Spring Townships, Berks County (Sinking Springs, PA Quadrangle N: 4.3 inches; W: 3.3 inches).
E07-351. Martin Marasco, Altoona-Blair County Development Corporation, 4500 Sixth Avenue, Altoona, PA 16602 in Antis Township, Blair County, ACOE Baltimore District.
To impact 0.38 acre of wetlands adjacent to a tributary to the Little Juniata River (WWF) at a point on the east side of SR 1001 (Old US Route 220) for the purpose of creating an industrial park (Bellwood, PA Quadrangle N: 22.2 inches; W: 6.7 inches) in Antis Township, Blair County. The applicant proposes to create 0.38 acre of replacement wetlands.
E67-706. Jason Shamberger, 14445 Laurel Road, Felton, PA 17322 in Chanceford Township, York County, ACOE Baltimore District.
To construct and maintain a stone masonry bridge with a span of 8 feet, 6 inches across the Bear Branch (CWF) (Stewartstown, PA Quadrangle N: 5.5 inches; W: 1.75 inches) in Chanceford Township, York County.
E67-708. Steve Rogers, Texas Eastern Products Pipeline Company, 71--73 Denison Parkway, P. O. Box 99, Corning, NY 14830 in Fairview Township, York County, ACOE Baltimore District.
To construct a remediation project for an exposed TEPPCO A-3 Products Pipeline (L.P.G.) which requires the placement of abut 1.5 feet of R-3 size riprap cover over the pipeline in the unnamed tributary to Marsh Run (WWF) about 100 feet south of the eastbound lane of Marsh Run Road at a point about 1.1 miles east along Marsh Run Road of its intersection with the Susquehanna Trail (Steelton, PA Quadrangle N: 12.9 inches; W: 11.2 inches) in Fairview Township, York County.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E26-288. Consolidated Rail Corporation, 1000 Howard Boulevard, 4th Floor, Mt. Laurel, NJ 08054. Brownsville Borough and Brownsville Township, Fayette County, ACOE Pittsburgh District.
To remove an abandoned existing four span stone arch railroad bridge across Dunlap Creek (WWF) due to excessive deterioration and a court order issued by the Public Utility Commission. The project is located off of TR 652, approximately 0.75 mile south of its intersection with S.R. 4003 (California, PA Quadrangle N: 2.82 inches; W: 1.52 inches).
E63-515. Pennsylvania Department of Transportation, Engineering District 12-0, P. O. Box 459, Uniontown, PA 15401. Independence and Jefferson Boroughs, Washington County. ACOE Pittsburgh District.
To remove the existing Meadowcroft Bridge and to construct and maintain a new bridge having a span of 25.75m (91.04 feet) with an underclearance of 3.34m (10.96 feet) across the channel of Cross Creek (WWF) for the purpose of improving highway safety. The bridge is located on S.R. 4018, Section B10. The applicant also proposes to construct and maintain a temporary road crossing consisting of three 600m (2.0 feet) diameter culverts (Avella, PA Quadrangle N: 6.5 inches; W: 16.3 inches).
ACTIONS
FINAL ACTIONS TAKEN UNDER
THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT-- NPDES AND WQM PART II PERMITS
INDUSTRIAL WASTE AND SEWERAGE WASTEWATER The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications and requests for plan approval. The actions are listed in two categories. Section I lists all municipal and industrial permits and Section II lists oil and gas related permits.
Persons aggrieved by this 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, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service at (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of 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 decisional law.
I. Municipal and Industrial Permit Actions under The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
NPDES Permit No. PA0054780, Sewage, Stone Mill Estates, L.P., 3103 Philmont Avenue, Huntingdon Valley, PA 18966. This proposed facility is located in Concord Township, Delaware County.
Description of Proposed Action/Activity: Renewal and transfer of NPDES Permit to discharge into Green Creek--3G Watershed.
NPDES Permit No. PA0052507, Sewage, George W. Sharp, 876 Shavertown Road, Boothwyn, PA 19061. This proposed facility is located in Concord Township, Delaware County.
Description of Proposed Action/Activity: Renewal of NPDES Permit to discharge into an UNT to West Branch of Chester Creek.
WQM Permit No. 1500430, Sewerage, Edward and Elizabeth West, 201 Chandler Mill Road, Kennett Square, PA 19348. This proposed facility is located in Kennett Township, Chester County.
Description of Proposed Action/Activity: Construction and operation of small flow sewage treatment plant.
WQM Permit No. 4601405, Sewerage, Montgomery Township Municipal Sewer Authority, 1001 Stump Road, Montgomeryville, PA 18936. This proposed facility is located in Montgomeryville Township, Montgomery County.
Description of Proposed Action/Activity: Construction to expand the Eureka wastewater treatment plant.
WQM Permit No. 4601409, Sewerage, Upper Gwynedd Township, P. O. Box 1, Parkside Place, West Point, PA 19486. This proposed facility is located in Upper Gwynedd Township, Montgomery County.
Description of Proposed Action/Activity: Installation of dechlorination facility.
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
NPDES Permit No. PA0087190 and WQM Permit No. 2801402, Sewage, St. Thomas Township Municipal Authority, 6442 Lincoln Way West, St. Thomas, PA 17252. This proposed facility is located in St. Thomas Township, Franklin County.
Description of Proposed Action/Activity: Authorization to discharge to Wilson Run in Watershed 13-C and Construction/Operation of Sewage Treatment Facilities/Sewers & Appurtenances.
NPDES Permit No. PA0085707 and WQM Permit No. 3601204, Sewage, Cocalico Valley Poultry Farms, 1095 Mt. Airy Road, Stevens, PA 17578. This proposed facility is located in West Cocalico Township, Lancaster County.
Description of Proposed Action/Activity: Authorization to discharge to UNT to Indian Run in Watershed 7-J and Construction/Operation of Sewage Treatment Facilities.
WQM Permit No. PA0070149 and WQM Permit No. 0601402, Sewerage, Leesport Borough Authority, 10 East Wall Street, P. O. Box 201, Leesport, PA 19533. This proposed facility is located in Leesport Borough, Berks County.
Description of Proposed Action/Activity: Authorization to discharge to Schuylkill River in Watershed 3-C and Construction/Operation of Sewage Treatment Facilities.
WQM Permit No. PA0020664, Sewerage, Middletown Borough Authority, 60 West Emmaus Street, Middletown, PA 17057-1499. This proposed facility is located in Middletown Borough, Dauphin County.
Description of Proposed Action/Activity: Authorization to discharge to Susquehanna River in Watershed 7-C.
NPDES Permit No. PA0046221, Sewage, Newville Borough Water & Sewer Authority, 99 Cove Valley Road, Newville, PA 17241. This proposed facility is located in Newville Borough, Cumberland County.
Description of Proposed Action/Activity: Authorization to discharge to Big Spring Creek in Watershed 7-B.
NPDES Permit No. PA0084417, Sewage, Robert L. Brunner, P. O. Box 310, Shermans Dale, PA 17090. This proposed facility is located in Carroll Township, Perry County.
Description of Proposed Action/Activity: Authorization to discharge to UT Sherman Creek in Watershed 7-A.
WQM Permit No. PA0080080, Sewerage, Conewago Valley Mobile Home Park, Inc., 800 York Road, Dover, PA 17315. This proposed facility is located in Newberry Township, York County.
Description of Proposed Action/Activity: Authorization to discharge to Conewago Creek in Watershed 7-F.
NPDES Permit No. PA0084581, Industrial Waste, New Holland Borough Authority, 436 East Main Street, New Holland, PA 17557. This proposed facility is located in East Earl Township, Lancaster County.
Description of Proposed Action/Activity: Authorization to discharge to Mill Creek in Watershed 7-J
NPDES Permit No. PA0088561, CAFO, Evergreen Farms, Inc., HCR-1, Box 113, Spruce Creek, PA 16683. This proposed facility is located in Franklin Township, Huntingdon County.
Description of Size and Scope of Proposed Operation/Activity: Operation of a 3,744-AEU Dairy Concentrated Animal Feeding Operation located in Watershed 11-A.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
NPDES Permit No. PA0093611. Sewage. ST Development Company, LLC, 2241 Industrial Drive, Connellsville, PA 15425 is authorized to discharge from a facility located at ST Development Company STP, Bullskin Township, Fayette County to receiving waters named Drainage Swale to Irish Run.
NPDES Permit No. PA0110469-A1. Sewage. Borough of Patton, P. O. Box 175, Patton, PA 16668 is authorized to discharge from a facility located at Borough of Patton Wastewater Treatment Plant, Borough of Patton, Cambria County to receiving waters named Chest Creek.
Permit No. 0401403. Sewerage. Municipal Authority of the Borough of Conway, 1208 Third Avenue, Conway, PA 15027. Construction of pump station located in Conway Borough, Beaver County to serve Catherine Drive Pump Station.
Permit No. 2601401. Sewerage. Ohiopyle Borough, P. O. Box 83, Ohiopyle, PA 15470. Construction of pump station, force main and collector sewer system located in Ohiopyle Borough, Fayette County to serve Garrette Avenue and Falls City Bar-Restaurant.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
WQM Permit No. 2501413, Sewerage, Rodney S. Curtis, 20923 Lindsey Hollow Road, Corry, PA 16407. This proposed facility is located in Concord Township, Erie County.
Description of Proposed Action/Activity: This project is for a Single Residence.
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