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PA Bulletin, Doc. No. 97-791

NOTICES

ENVIRONMENTAL
HEARING BOARD

National Fuel Gas Supply Corporation v. DEP; EHB Doc. No. 95-173-C (Consolidated with 96-190-C)

[27 Pa.B. 2489]

   The Department of Environmental Protection (Department) and National Fuel Gas Supply Corporation (NFG) have agreed to a settlement of the above matter. The operation of certain described sources of air contamination at NFG's East Fork Compressor Station located in Wharton Township, Potter County is authorized under: Plan Approval No. PA-53-0007A which was issued on July 17, 1995, and amended by letter of August 22, 1996; and, Operating Permit No. OP-53-0007 issued on July 17, 1995, amended by letter of July 31, 1995, and modified by Plan Approval No. OP-53-0007B issued on August 22, 1996. On or about August 15, 1995, NFG filed an appeal of Plan Approval No. PA-53-0007A and Operating Permit No. OP-53-0007. Said appeals were docketed with the Environmental Hearing Board at EHB Docket No. 95-173-C. On or about September 20, 1996, NFG filed an appeal of the amendments to Plan Approval No. PA-53-0007A and Plan Approval No. OP-53-0007B. Said appeals were docketed with the Environmental Hearing Board at EHB Docket No. 96-190-C.

   The Department and NFG have agreed to a settlement, the major provisions of which include:

   1.  The Department shall issue a revised Plan Approval No. PA-53-0007A and a revised Operating Permit No. OP-53-0007 which incorporates the changes more fully addressed in the Settlement Agreement.

   2.  The issuances of the revised Plan Approval No. PA-53-0007A and the revised Operating Permit No. OP-53-0007 shall supersede: the previously issued Plan Approval No. PA-53-0007A, as amended by letter of August 22, 1996; and, the previously issued Operating Permit No. OP-53-0007, as amended by letter of July 31, 1995, and as modified by Plan Approval No. OP-53-0007B issued on August 22, 1996.

   3.  NFG waives its right to appeal the revised Plan Approval No. PA-53-0007A issued by the Department unless the Department makes a material change to the document identified as Appendix A of the Settlement Agreement.

   4.  NFG waives its right to appeal the revised Operating Permit No. OP-53-0007 issued by the Department unless the Department makes a material change to the document identified as Appendix B of the Settlement Agreement.

   Copies of the full agreement are in the possession of:

   Dawn M. Herb, Assistant Counsel, Department of Environmental Protection, Northcentral Region Office of Chief Counsel, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448, (717) 321-6568;

   Louis A. Naugle, Esquire, Reed, Smith, Shaw & McClay, 435 Sixth Avenue, Pittsburgh, PA 15219-1886, (412) 288-3131;

and at the office of the Environmental Hearing Board, and may be reviewed by any interested party on request during normal business hours.

   Persons who are aggrieved by the above settlement have a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457. If information concerning this notice is required in an alternative form, please contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service at 1-800-654-5984.

   Appeals must be filed within 20 days of this publication.

   The Environmental Hearing Board is empowered to approve this settlement which becomes final if no objection is timely made.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-791. Filed for public inspection May 16, 1997, 9:00 a.m.]


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