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PA Bulletin, Doc. No. 00-248d

[30 Pa.B. 789]

[Continued from previous Web Page]

AIR QUALITY

OPERATING PERMITS


General Plan Approval and Operating Permit issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northeast Regional Office: Air Quality Program, Two Public Square, Wilkes-Barre, PA 17811-0790, (570) 826-2531.

   35-320-003GP: Panel Prints, Inc. (1001 Moosic Road, Old Forge, PA 18518) for installation and operation of sheetfed offset lithographic presses in Old Forge Borough, Lackawanna County.


Administrative Amendment of Operating Permits issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northcentral Regional Office: Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3637.

   49-302-034: Mertz Greenhouses (R. R. 2, Box 492A, Northumberland, PA 17857) on January 27, 2000, to authorize operation of two anthracite coal-fired boilers by a new owner/operator in Point Township, Northumberland County.


Operating Permits issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northcentral Regional Office: Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3637.

   TVOP-17-00015: Permagrain Products, Inc. (115 Reactor Road, Karthaus, PA 16845) on January 4, 2000, for operation of a wood treatment and wood flooring manufacturing facility which includes two boilers, one furnace, seven storage tanks, wood finishing operations, wood impregnation operations and waste polymerization operations in Girard and Covington Townships, Clearfield County.

   TVOP-53-00002: Transcontinental Gas Pipeline Corp., Station 535 (P. O. Box 1396, Houston, TX 77251) on January 6, 2000, for operation of a natural gas transmission station which includes five natural gas fired engines, five heaters, one boiler and an emergency generator in Wharton Township, Potter County.

   Southwest Regional Office: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4174.

   TVOP-65-00042: Ranbar Electrical Materials, Inc., Manor Division (Route 993, Box 607, Manor, PA 15665) on January 21, 2000 for their paint and coatings manufacturing facility in Manor Township, Westmoreland County. The facility's major sources of emissions include paint and resin manufacturing which emit major quantities of volatile organic compounds (VOCs).

   TVOP-11-00288: Johnstown America Corp., Freight Car Division (17 Johns Street, Johnstown, PA 15901) for their Franklin Plant in Franklin Borough, Cambria County. The facility's major sources of emissions include rail car painting operations which emit major quantities of volatile organic compounds.

PLAN APPROVALS


Plan Approvals issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northeast Regional Office: Air Quality Program, Two Public Square, Wilkes-Barre, PA 17811-0790, (570) 826-2531.

   48-313-085: Medeva Pharmaceuticals, Inc. (P. O. Box 21170, Lehigh Valley, PA 18002-1170) on December 29, 1999, for construction of an anesthetics manufacturing process in Hanover Township, Northampton County.

   48-309-111: Hercules Cement Co. (501 Center Street, P. O. Box 69, Stockertown, PA 18083) on January 7, 2000, for modification of Bulk Silo Group No. 1 in Stockertown Borough, Northampton County.

   35-328-001: P E I Power Corp. (Archbald Power Station, 170 Power Boulevard, P. O. Box 157, Archbald, PA 18403) on January 13, 2000, for construction of a simple cycle turbine in Archbald Borough, Lackawanna County.

   40-320-010: Plainwell Tissue (P. O. Box 6000, 901 Santhers Drive, Pittston, PA 18640) on January 18, 2000, for construction of a napkin printing operation in Pittston Township. Luzerne County.

   66-315-038: Procter & Gamble Paper Products Co. (P. O. Box 32, Mehoopany, PA 18629) on January 28, 2000, for construction of four diaper raw material delivery systems on Route 87 in Washington Township, Wyoming County.

   Northwest Regional Office: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6940.

   PA-10-237A: Fox Funeral Home Inc. (410 West Main Street, Saxonburg, PA 16056) on January 11, 2000, for modification of Plan Approval 10-301-045 (pathological furnace) in Saxonburg Borough, Butler County.


Plan Approvals extensions issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southeast Regional Office: Air Quality Program, 555 North Lane, Conshohocken, PA 19428, (610) 832-6242.

   PA-15-0078: Centocor, Inc. (200 Great Valley Parkway, Malvern, PA 19355) on January 26, 2000, for operation of an emergency electric generator in East Whiteland Township, Chester County.

   Northcentral Regional Office: Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3637.

   OP-60-0001A: Bucknell University (Lewisburg, PA 17837) on January 21, 2000, to extend authorization to operate a natural gas/no. 2 fuel oil-fired turbine, two natural gas/no. 2 fuel oil-fired boilers and an emergency diesel generator on a temporary basis until May 20, 2000, in Lewisburg Borough, Union County.

   Southwest Regional Office, Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4174.

   65-305-048: Koppers Industries, Inc. (436 Seventh Avenue, Pittsburgh, PA 15219) on January 26, 2000, for operation of coke oven battery operations at Monessen Coke Plant in Monessen, Westmoreland County.

   65-305-049: Koppers Industries, Inc. (436 Seventh Avenue, Pittsburgh, PA 15219) on January 26, 2000, for operation of coke by-products recovery plant at Monessen Coke Plant in Monesen, Westmoreland County.

   65-302-071: Koppers Industries, Inc. (436 Seventh Avenue, Pittsburgh, PA 15219) on January 25, 2000, for operation of two boilers at Monessen Coke Plant in Monessen, Westmoreland County.

MINING

APPROVALS TO CONDUCT COAL AND NONCOAL ACTIVITIES

   Actions on 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). The final action on each application also constitutes action on the request for 401 water quality certification. Mining activity permits issued in response to such applications will also address the applicable permitting requirements of the following statutes: the Air Quality 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).

   Ebensburg District Office, 437 South Center Street, P. O. Box 625, Ebensburg, PA 15931-0625.

Coal Applications Issued

   56880109. Permit Revision, PBS Coals, Inc. (P. O. Box 260, Friedens, PA 15541) to temporarily close, mine through, and reconstruct a portion of T-568 beginning at its intersection with T-415 and continuing northward, on both sides of T-568, for a distance of approximately 3,540 feet to the limits of this surface mine permit in Brothersvalley Township, Somerset County, affecting 154.2 acres, receiving stream unnamed tributaries of Bluelick Creek and Bluelick Creek, application received December 13, 1999, issued January 24, 2000.

   32960104. Permit Revision, D. J. & W. Mining, Inc. (P. O. Box 425, Indiana, PA 15701), for a change in land use from forestland to pastureland/land occasionally cut for hay on the Gary D. and Connie M. Spidell property in Rayne Township, Indiana County, affecting 79.4 acres, receiving stream unnamed tributary to Brush Run; unnamed tributary to Crooked Creek; Brush Run; and Crooked Creek, application received December 10, 1999, issued January 27, 2000.

   Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

Coal Permits Issued

   54840209R3. Mazaika Coal Company, (R. R. 4 Box 391, Tamaqua, PA 18252), renewal of an existing coal refuse reprocessing operation in Rush Township, Schuylkill County, affecting 24.0 acres, receiving stream--none. Renewal issued January 27, 2000.

   Greensburg District Office, R. R. 2, Box 603-C, Greensburg, PA 15601.

   63940101R. Robinson Coal Company (P. O. Box 9347, Neville Island, PA 15225). Renewal issued for continued operation and reclamation of a bituminous surface mine located in Robinson and Smith Townships, Washington County, affecting 160.4 acres. Receiving streams unnamed tributary to Robinson Run, Robinson Run to Chartiers Run, Chartiers Run to Ohio River. Application received: July 27, 1999. Renewal issued January 25, 2000.

   26990103. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Permit issued for commencement, operation and reclamation of a bituminous surface mine located in Springfield Township, Fayette County, affecting 58 acres. Receiving streams: unnamed tributary to Poplar Run. Application received: July 15, 1999. Permit issued: January 25, 2000.

   Knox District Office, P. O. Box 669, Knox, PA 16232.

Noncoal Permits Issued

   10950301. Big ''B'' Mining Company (R. D. 1, West Sunbury, PA 16061) Renewal of NPDES PA0226891, Clay Township, Butler County. Receiving Streams: Unnamed tributary to Stony Run. Application received December 13, 1999. Permit Issued January 25, 2000.

   Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

   48900301T. Dally Slate Company, (500 Railroad Avenue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an existing quarry operation in Pen Argyl Borough, Northampton County, affecting 8.64 acres, receiving stream--none. Transfer issued January 27, 2000.

   7475SM2T2. Dally Slate Company, (500 Railroad Avenue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an existing quarry operation in Pen Argyl Borough, Northampton County, affecting 12.4 acres, receiving stream--none. Transfer issued January 27, 2000.

   7475SM6T2. Dally Slate Company, (500 Railroad Avenue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an existing quarry operation in Pen Argyl Borough, Northampton County, affecting 16.3 acres, receiving stream--none. Transfer issued January 27, 2000.

   7475SM7T. Dally Slate Company, (500 Railroad Avenue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an existing quarry operation in Pen Argyl Borough, Northampton County, affecting 39.3 acres, receiving stream--none. Transfer issued January 27, 2000.

   Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

Noncoal Application Withdrawn

   48820501T. Dally Slate Company, (500 Railroad Avenue, P. O. Box 27, Pen Argyl, PA 18072), withdrawal of transfer application from Anthony Dally & Sons Inc. in Pen Argyl Borough, Northampton County, affecting 77.2 acres, receiving stream--East Branch Bushkill Creek. Application received January 15, 1999. Application withdrawn January 28, 2000.

ACTIONS TAKEN UNDER SECTION 401: FEDERAL WATER POLLUTION CONTROL ACT

ENCROACHMENTS

   The Department of Environmental Protection (Department) has taken the following actions on previously received Dam Safety and Encroachment permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

   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, 400 Market Street, 2nd Floor, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing Board (Board) within 30 days of receipt of the written notice of this action unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from 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.


Actions on applications filed 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 sections 5 and 402 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.402) and notice of final action for certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note: Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)

   Southcentral Regional Office: Section Chief, Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707.

   E21-297. Encroachment. UGI Utilities, Inc., 1500 Paxton St., Harrisburg, PA 17105. To construct and maintain an 8-inch diameter gas line to be attached to the existing PA 34 Bridges and culverts across Yellow Breeches Creek and Mill Race (HQ-CWF) and Letort Spring Run (EV) and under the streambed of an unnamed tributary to Yellow Breeches to supply adequate gas to customers (Carlisle, PA Quadrangle N:  2.0 inches; W:  9.88 inches and N:  7.9 inches; W:  9.68 inches) in South Middleton Township, Cumberland County. This permit was issued under § 105.13(e) ''Small Projects.''

   E22-407. Encroachment. City of Harrisburg, Joseph Link, 123 Walnut St., Ste. 212E, Harrisburg, PA 17101. To replace riprap, fill, ornamental railings, concrete curbs, park benches and sidewalks that were damaged by flooding in the floodplain of the Susquehanna River (WWF) at a point from Route 83 (Harrisburg East, PA Quadrangle N:  0.2 inch; W:  17.2 inches) to the northern city limit (Harrisburg West, PA Quadrangle N:  9.2 inches; W:  4.0 inches) in the city of Harrisburg, Dauphin County. This permit was issued under § 105.13(e) ''Small Projects.''

   E22-408. Encroachment. James Hills, 1281 Waltonville Road, Hummelstown, PA 17036. To enlarge an existing pond that drains to Iron Run (WWF) at a pond along Waltonville Road (Middletown, PA Quadrangle N:19.9 inches; W:7.8 inches) in Derry Township, Dauphin County. This permit was issued under § 105.13(e) ''Small Projects.'' This permit also includes 401 Water Quality Certification.

   Southwest Regional Office, Soils and Waterways Section, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

Permits Issued

   E63-466. Encroachment. Pennsylvania Trolley Museum, 1 Museum Road, Washington, PA 15301-6133. To place and maintain fill in 0.31 acre of wetlands (PEM) and to place and maintain fill within the floodway of Chartiers Creek (WWF) for the purpose of extending a demonstration trolley line. The project is located near the intersection of S.R. 4049 and Country Club Road (S. R. 1045) (Washington East, PA Quadrangle N:  15.5 inches; W:  16.3 inches) in Chartiers Township, Washington County. The applicant has met the wetland replacement requirements by contributing to the Wetland Replacement Fund.

Permits Issued and Actions on 401 Certification

   Northwest Regional Office, Soils and Waterways Section, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942.

   E25-597. Encroachment. PA Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301. To remove the existing bridge and to construct and maintain a prestressed concrete spread box beam bridge having a clear, normal span of 58.5 feet and an average underclearance of 11.5 feet across Sixteenmile Creek on S. R. 0089, Segment 0570, Offset 0000 approximately 100 feet south of S. R. 426 (North East, PA Quadrangle N: 14.8 inches; W: 11.7 inches) located in North East Borough, Erie County.

   E25-598. Encroachment. PA Electric Company d/b/a GPU Energy, 2800 Pottsville Pike, P. O. Box 16001, Reading, PA 19640-0001. To install a fiber optic cable and to operate and maintain the existing aerial electric distribution line No. 50110 supported by single poles across French Creek upstream of S. R. 97 approximately 2.7 miles west of S. R. 6 (Waterford, PA Quadrangle N: 6.0 inches; W: 3.0 inches) located in LeBoeuf Township, Erie County.

   E43-274. Encroachment. PA Department of Transportation, District 1-0, 255 Elm Street, P. O. Box 398, Oil City, PA 16301. To remove the existing bridge and to construct and maintain a prestressed concrete adjacent box beam bridge having a clear span of 38.5 feet and an average underclearance of 5.3 feet on an 80 degree skew across Sugar Run on S. R. 0058, Segment 0050, Offset 0000 approximately 2 miles west of S. R. 0322 at Jamestown (Greenville West, PA Quadrangle N: 18.4 inches; W: 14.6 inches) located in Greene Township, Mercer County. Project includes impact to a de minimis area of wetland (0.004 acre permanent, 0.01 acre temporary).

   E62-356. Encroachment. PA Electric Company, d/b/a GPU Energy, 2800 Pottsville Pike, P. O. Box 16001, Reading, PA 19640-0001. To install a fiber optic cable and to operate and maintain the existing NWS aerial electric distribution and transmission line supported by H-pole towers across the Allegheny River approximately 0.4 mile upstream of the Pennsylvania Avenue Bridge at Warren (Clarendon, PA Quadrangle N: 13.5 inches; W: 15.0 inches) located in Glad and Mead Townships, Warren County.

ENVIRONMENTAL ASSESSMENT

   Central Office: Bureau of Waterways Engineering, 400 Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, (717) 787-8568.

   EA14-004CO. Environmental Assessment. Charles J. Weyandt (P. O. Box 118, Julian, PA 16844). To operate and maintain a non-jurisdictional dam in the watershed of Laurel Run (EV) for the purpose of recreation and fire protection located approximately 3,000 feet northwest of the intersection of Beaver Run Road (S. R. 3032) and Dicks Run Road (S. R. 3030) (Bear Knob, PA Quadrangle, N: 2.15 inches, W: 14.75 inches), in Huston Township, Centre County.

   D36-165EA. Environmental Assessment. Robert Gehret (33 West Mohler Church Road, Ephrata, PA 17522). To breach and remove Martin Dam across Cocalico Creek (WWF) for the purpose of restoring the stream to a free flowing condition. The dam is located approximately 900 feet southeast of the intersection of Mohlers Church Road and Trout Run Road (T-943) (Ephrata, PA Quadrangle N: 12.5 inches; W: 5.5 inches), in Ephrata Township, Lancaster County.

WATER ALLOCATIONS


Actions taken on applications filed under the act of June 24, 1939 (35 P. S. §§ 631--640) relating to the acquisition of rights to divert waters of this Commonwealth.

   Southcentral Regional Office: Water Supply Management Program, Sanitarian Regional Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4708.

   Permit No. WA06-1011. Water Allocation. Citizens Utilities Water Company of Pennsylvania, Berks County. Responsible Official: Brian Hassinger, P. O. Box 6342, 4 Wellington Blvd., Wyomissing, PA 19610. Request: Right to purchase 1.5 million gallons per day (mgd) on a monthly basis from the Reading Area Water Authority. The right shall increase to 2.0 mgd upon approval from Public Utility Commission to serve a portion of Robeson Township. Consulting Engineer: Dale Kratzer, PE, Spotts Stevens and McCoy, Inc., 345 N. Wyomissing Boulevard, P. O. Box 6307, Reading, PA 19610-0307. Permit Issued: December 16, 1999.


SPECIAL NOTICES

Notification of Receipt of Risk Assessment Report
Merck & Co., Inc. Cherokee Plant
Riverside Borough, Northumberland County

   On January 27, 2000, the Department of Environmental Protection (Department), Bureau of Air Quality received a copy of the Preliminary Risk Assessment Fluidized Bed Combustor Merck & Co., Inc. Cherokee Facility Riverside, Pennsylvania for a proposed hazardous waste incinerator. This multipathway risk assessment addresses the handling and burning of liquid hazardous wastes and industrial sludge in the proposed incinerator. This risk assessment is part of the plan approval application submitted for the construction of the hazardous waste incinerator.

   A copy of the risk assessment is available for review, 8 a.m.--4 p.m., at the Department of Environmental Protection, Northcentral Regional Office, 208 West Third St., Suite 101, Williamsport, PA 17701-6448. Appointments must be made by calling (570) 327-3693.

   Persons wishing to comment on the risk assessment may do so, in writing, to David W. Aldenderfer, Air Program Manager, at the previous address. Comments may also be made by E-mail to: aldenderfer.david@dep.state.pa.us. Comments must be received with 60 days of the publication of this notice.

Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Load (TMDL) for Valley and Little Valley Creek Watersheds

   The Department of Environmental Protection (Department) is holding a public meeting on March 16, 2000, beginning at 10 a.m. and ending no later than 12:30 p.m. at the Southeast Regional Office, Lee Park, Suite 6010, Conshohocken, PA to discuss and accept comments on a proposed TMDL, established in accordance with the requirements of section 303(d) of The Clean Water Act (act). The entire Valley Creek basin, including Little Valley Creek, was listed in 1996 and 1998 under section 303(d) of the act as impaired because excessive levels of PCB were found in fish tissue, resulting in a fish consumption ban. The proposed plan provides calculations of the stream's total capacity to absorb PCB without violating the water quality criterion of 0.00004 micrograms per liter. The maximum amount of PCB that can be safely absorbed by Valley Creek under design conditions is 0.0000055 lbs/day. Remediation activities, including the excavation of stream sediments, along with bans on use and natural attenuation, are expected to reduce concentrations of PCB to acceptable levels.

   The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Laurel Ateyeh at (610) 832-6075 or by writing to Department of Environmental Protection, 555 North Lane, Lee Park, Suite 6010, Conshohocken, PA 19428 or E-mail at ateyeh.laurel@dep.state.pa.us. The TMDL can be viewed on the DEP website at http://www.dep.state.ps.us.

   The TMDL can be viewed and printed on the DEP Website by going to NAVIGATION, clicking Subjects, and following this path: Water Management, Surface Water, Total Maximum Daily Loads (TMDLs).

   Written comments will be accepted at the previous address and must be postmarked by April 17, 2000. Persons who plan to make a presentation at the public meeting should notify the Department no later than 4 p.m. on March 14, 2000. The Department will consider all comments in developing the final TMDL, which will be submitted to the Environmental Protection Agency (EPA) for approval.

Availability of Grants for the Remediation of Waste Tire Piles in Pennsylvania

   The Department of Environmental Protection (Department) announces the availability of grants for Fiscal year 99/00 for the remediation of three waste tire piles in this Commonwealth. Only those waste tire piles listed are eligible under this grant offering.

   To be considered for a grant, an applicant: 1)  must propose to remediate any of the following waste tire piles: Lolota located in Madison Township, Columbia County; Osman located in Munster Township, Cambria County; and Prangs located in East Fallowfield Township, Chester County (copies of this list are available from the Division of Municipal and Residual Waste, (717) 787-7381, or may be obtained electronically by the DEP Internet site on the world wide web at: http://www.dep.state.pa.us under the Municipal and Residual Waste page); 2)  must not have contributed, in any manner, to the creation of a noncompliant waste tire pile; and 3)  must have an identifiable end-use for the waste tires to be remediated.

   Grant funds are to be used for activities directly related to the remediation of priority waste tire sites (such as employe wages, operation of equipment, transportation, processing costs and the like). Grants may not be used for the purchase of equipment and grant recipients shall use funds only for those activities approved by the Department.

   Applicants must complete and submit an official two-part application for each proposed tire pile remediation. The Waste Tire Remediation Grant Application Parts A and B include all the materials and instructions necessary for applying for a grant. Copies of these documents are available by contacting the Division of Municipal and Residual Waste at (717) 787-7381 or may be obtained electronically from the Department's Internet site on the world wide web at: http://www.dep.state.pa.us (type ''tires'' in directLINK). Six copies of the application containing both Parts A and B must be completed and submitted by 4 p.m. on March 24, 2000, to: Department of Environmental Protection, Division of Municipal and Residual Waste, 14th Floor-Rachel Carson State Office Building, 400 Market Street, P. O. Box 8472, Harrisburg, PA 17105-8472. Applications which are incomplete or arrive after the deadline will not be considered.

   At a minimum, all applications must contain: (1)  a description of the applicant's experience in waste tire remediation, (2)  markets or end-uses for the remediated tires, (3)  a schedule for the remediation of tires at the site, (4)  proposed cost of the waste tire pile remediation, and (5)  any additional information the Department deems necessary. Please follow the instructions in the Part A and B Grant Application to assure you are submitting all of the necessary information in the correct format.

   Persons who have questions about this grant program should contact the Division of Municipal and Residual Waste, (717) 787-7381.

Application Period for Municipal Recycling Program Performance Grant Applications under Section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) Calendar Year 1999 Recycling

   The Department of Environmental Protection (Department) announces a request for applications from municipalities for recycling performance grant assistance for recycling programs under the Municipal Waste Planning, Recycling and Waste Reduction Act (Act 101) (53 P. S. §§ 4000.101--4000.1904). Municipalities include counties, cities, boroughs, incorporated towns, townships and home rule municipalities. This application period is for eligible materials recycled and marketed in calendar year 1999.

   Municipal Recycling Program Performance Grant funds will be awarded to municipalities based upon the weight of source separated recyclable materials identified in § 1501(c)(1)(i) of Act 101 recovered by municipal recycling programs, and the population of the municipality as determined by the most recent decennial census. Municipalities will be eligible to receive an award based on a formula of $5 for each Department approved ton of eligible recyclable materials recycled or marketed and $1 per approved ton for each percentage of municipal waste calculated by the Department to be diverted from disposal. The weight of eligible materials allowable from nonresidential (commercial, institutional and municipal) sources under the preceding formula will be limited to no more than the weight of approved eligible materials from residential sources. The Department approved materials from nonresidential sources not factored into the preceding formula will be awarded a bonus of $10 per ton. The Department will not award grants calculated to be less than $10.

   Eligible materials include post-consumer: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, other marketable grades of paper, and plastics. Grants will be awarded only for properly documented, eligible materials that were actually marketed on or after January 1, 1999, to and including December 31, 1999. Grant funds will not be awarded for residues, materials not listed as eligible including, but not limited to, leaf and yard wastes, or any materials which cannot be documented as being recycled into a new product or use.

   Documentation to support all claims that eligible recyclable materials were generated within the municipality and marketed must be made available for auditing by the Department of Environmental Protection, the Office of the Attorney General, the Office of the Treasurer, or agents of those offices for 4 years. DEP will not require applicants to retain hauler customer lists; however, the lists may be required to be examined in the event of an audit. It will be the applicant's responsibility to arrange for hauler customer lists to be provided, or for haulers to be present with their customer lists, during a grant audit. Supporting documentation is not required to be submitted with the application.

   Acceptable Supporting Documentation: Weight slips or receipts verifying that the materials were recycled or marketed are required as supporting documentation for the grant application. The documentation must include: 1)  the date the materials were recycled/marketed; 2)  the type of material recycled/marketed; 3)  the name of the municipality where the material was generated; and, 4)  the weight, stated in pounds or tons, of the material recycled/marketed. Documentation supporting materials source separated from municipal waste by commercial/institutional establishments and recycled/marketed must bear the name of the establishment and the municipality where the establishment is located.

   Acceptable documentation must be provided in one of the following formats: 1)  a dated weight/market receipt identifying the generator of the recyclable materials and the market; or, 2)  a dated report submitted by the hauler or market on company letterhead clearly indicating the name of the company generating the recyclable materials; or, 3)  a dated report submitted by the generator, which is signed by the hauler or market vendor that received the materials. Reports may be submitted on annual, monthly, weekly or other time period format. All information must be legible.

   Estimates of weight will not be accepted except in cases where: 1)  the material is packaged in uniform bales and the average weight of a bale can be demonstrated and supported by weight receipts, and a record of the number of bales was provided by the market vendors; or when, 2)  multiple generators contribute to a known quantity of marketed material, and the hauler or market estimates the quantities attributable to any individual establishment or municipality, and verifies the estimate with a signature.

   Although the supporting documentation is not required to be submitted with the grant application, any documentation provided must conform to the above requirements or the materials claimed will not be credited toward the grant award.

   Grant applications must be on forms provided by the Department for calendar year 1999. Grant applications must be delivered by 3 p.m., September 29, 2000, or postmarked on or before that day. Applications received by the Department after the deadline will be returned to the applicant. All grant awards are predicated on the receipt of recycling fees required by Sections 701 and 702 of Act 101, and the availability of moneys in the Recycling Fund.

   Municipalities wishing to file an application should contact their County Recycling Coordinator or the Department at the address that follows. Applicants who filed a Performance Grant application for calendar year 1998 will be mailed a current application by the Department as soon as they are available. Inquiries concerning this notice should be directed to Todd Pejack, Bureau of Land Recycling and Waste Management, Department of Environmental Protection, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472.

[Pa.B. Doc. No. 00-248. Filed for public inspection February 11, 2000, 9:00 a.m.]



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