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PA Bulletin, Doc. No. 97-792

NOTICES

National Fuel Gas Supply Corporation v. DEP; EHB Doc. No. 96-181-C

[27 Pa.B. 2490]

   The Department of Environmental Protection (Department) and National Fuel Gas Supply Corporation (NFG) have agreed to a settlement of the above matter. On August 5, 1996, the Department issued Plan Approval No. PA-53-0009A and Operating Permit No. OP-53-0009 to NFG for the operation of certain described sources of air contamination at its Ellisburg Compressor Station located in Allegany Township, Potter County. On or about September 5, 1996, NFG filed an appeal of Plan Approval No. PA-53-0009A and Operating Permit No. OP-53-0009 to the Environmental Hearing Board.

   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-53-0009A which incorporates the changes more fully addressed in the Settlement Agreement.

   2.  The Department shall publish a notice of intent to issue a revised Operating Permit No. OP-53-0009. Following a public hearing and subsequent 15 day public comment period, the Department shall issue the revised Operating Permit No. OP-53-0009.

   3.  The issuances of the revised Plan Approval No. PA-53-0009A and the revised Operating Permit No. OP-53-0009 shall supersede the previously issued plan approval and operating permit bearing these numbers.

   4.  NFG waives its right to appeal the revised Plan Approval No. PA-53-0009A issued by the Department unless the Department makes a material change to the document identified as Appendix A of the Settlement Agreement.

   5.  NFG waives its right to appeal the revised Operating Permit No. OP-53-0009 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 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, P. O. 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. 97-792. Filed for public inspection May 16, 1997, 9:00 a.m.]


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