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PA Bulletin, Doc. No. 97-263

NOTICES

ENVIRONMENTAL HEARING BOARD

Fairmont Products v. DEP; EHB Doc. No. 95-155-C

[27 Pa.B. 971]

   The Department of Environmental Protection (Department) and Fairmont Products have agreed to an amendment of the settlement in the above matter. The original settlement agreement dated January 17, 1996 was approved by the Environmental Hearing Board by an order dated February 1, 1996. The original agreement required, among other things, that Fairmont Products would present to the Department a request for a thermal variance under 25 Pa. Code § 97.82 and section 316 of The Clean Water Act (33 U.C.S.A. § 1326). Fairmont would conduct a thermal profile of the receiving stream and a biological survey of the creek. On or before January 31, 1997, Fairmont would submit to the Department a final report concerning the proposed alternate effluent limits.

   Additionally, Fairmont was obligated to evaluate its housekeeping practices and/or its management of its heat discharge at the Belleville facility, to identify and characterize problems in controlling and limiting any wide variations in its heat discharge. On or before January 31, 1997, Fairmont was obligated to submit to the Department, for the Department's approval, its recommendations, if any, concerning modifications to its housekeeping practices and/or its management of the facility's heat discharge.

   Fairmont conducted thermal monitoring of the receiving stream in 1996, but because of high flow conditions in the receiving stream caused by winter precipitation, it was not able to complete a thermal profile. To enable the Department to determine whether Fairmont has successfully demonstrated that alternate thermal effluent limitations will not adversely impact the indigenous aquatic community in the receiving stream, the amendment provides that in 1997 Fairmont will conduct an additional thermal profile of the receiving stream, and in 1998 it will submit it as part of its report to the Department.

   Fairmont conducted a review of its housekeeping practices and/or its thermal discharge in 1996, but intends to introduce a new product use this year. The parties believe that it would be beneficial for the proper management of the thermal discharge at the Belleville facility for Fairmont to evaluate its housekeeping practices and/or its management of its heat discharge at the Belleville facility in 1997, and to identify and characterize problems in controlling and limiting any wide variations in the heat discharge.

   The parties have agreed to amend the settlement agreement. The major provisions of the amendment include:

   1.  From early August, 1997 until November, 1997, Fairmont shall implement the thermal profile sampling at each station of the receiving stream.

   2.  On or before January 31, 1998, Fairmont shall submit to the Department a final report concerning the proposed alternate thermal effluent limitations. The report shall contain the results of the thermal profile sampling and a biological assessment of the receiving stream.

   3.  Additionally, Fairmont shall evaluate its housekeeping practices and/or its management of its heat discharge at the Belleville facility, to identify and characterize problems in controlling and limiting any wide variations in its heat discharges.

   4.  On or before January 31, 1998, Fairmont shall also submit to the Department, for the Department's approval, its recommendations, if any, concerning modifications to its housekeeping practices and/or its management of the facility's heat discharge.

   5.  On or before March 31, 1998, the Department will notify Fairmont of the Department's determination whether Fairmont has successfully demonstrated that such alternate thermal effluent limitations will not adversely impact the indigenous aquatic community in the receiving stream.

   Copies of the full agreement are in the hands of:

   Beth Liss Shuman, Esquire, Assistant Counsel, DEP, Rachel Carson State Office Bldg., P. O. Box 8464, 400 Market Street--9th Flr., Harrisburg, PA 17105-8464, (717) 787-8790;

   Gary A. Peters, Esquire, Howard & Howard, The Pinehurst Office Center, Suite 101, 1400 North Woodward Avenue, Bloomfield, Michigan 48304-2856;

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, P. O. Box 8457, 2nd Floor, Rachel Carson State Office Building, Harrisburg, PA 17105-8457.

   Appeals must be filed within 20 days of this publication.

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

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 97-263. Filed for public inspection February 21, 1997, 9:00 a.m.]


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