[32 Pa.B. 6375]
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Plan Approvals Denied, Terminated, Modified, Suspended or Revoked under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and the provisions of 25 Pa. Code §§ 127.13b and 127.13c.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Thomas McGinley, New Source Review Chief, (610) 832-6242.
23-0014B: Kimberly-Clark Corp. (Front and Avenue of the States, Chester, PA 19013) for Plan Approval application to use up to 8% tire derived fuel replacing equivalent amount of anthracite culm as fuel in No. 10 circulating fluidized bed boiler at their facility in City of Chester, Delaware County. This Plan Approval application was denied because the applicant did not provide pertinent information necessary to perform a best available technology analysis required by 25 Pa. Code § 127.12(a)(5). The company was sent two technical deficiency letters requesting additional information. In the predenial letter, the company was specifically asked to provide economic analysis of control technologies available to reduce emissions of dioxin based on permanent use of TDF. The company failed to provide this information.
Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
15-00085: Lincoln University (1570 Baltimore Pike, Lincoln University, PA 19352) on December 10, 2002, for operation of a Synthetic Minor Operating Permit in Lower Oxford Township, Chester County.
46-00181: EnPro Industries, Inc. (1600 Industry Road, Hatfield, PA 19440) on December 12, 2002, for operation of a Natural Minor Operating Permit in Hatfield Township, Montgomery County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Contact: Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
05-03003: Chestnut Ridge School District (P. O. Box 80, Fishertown, PA 15539) on December 9, 2002, for operation of two bituminous coal fired boilers at the Chestnut Ridge Middle School in East Saint Clair Township, Bedford County.
05-03004: Chestnut Ridge School District (P. O. Box 80, Fishertown, PA 15539) on December 9, 2002, for operation of four bituminous coal fired boilers for the Central Elementary and High School complex in East Saint Clair Township, Bedford County.
07-03039: Carn-Weaver Funeral Home (2036 Broad Avenue, Altoona, PA 16601) on December 9, 2002, for operation of a human crematory in the City of Altoona, Blair County.
07-05035: Grannas Bros. Stone and Asphalt Co., Inc. (P. O. Box 488, Hollidaysburg, PA 16648-9802) on December 9, 2002, for operation of a batch asphalt plant in Frankstown Township, Blair County.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact: Mark Wayner, Facilities Permitting Chief, (412) 442-4174.
03-00023: Allegheny Energy Supply Co., LLC--Armstrong Station (4350 Northern Pike, Monroeville, PA 15907) for operation of two coal-fired boilers in Washington Township, Armstrong County. This is a renewal of the Title IV (Acid Rain) operating permit.
03-00027: Reliant Energy Northeast Management Co.--Keystone Station (1001 Broad Street, Johnstown, PA 15907) for operation of two coal fired boilers in Plumcreek Township, Armstrong County. This is a renewal of the Title IV (Acid Rain) operating permit.
30-00099: Allegheny Energy Supply Co.--Hatfield's Ferry Station (4350 Northern Pike, Monroeville, PA 15907) for operation of three coal-fired boilers in Monongahela Township, Greene County. This is a renewal of the Title IV (Acid Rain) operating permit.
32-00040: Reliant Energy Mid-Atlantic Power Holdings--Seward Station (1001 Broad Street, Johnstown, PA 15907) for operation of three coal-fired boilers in East Wheatfield Township, Indiana County. This is a renewal of the Title IV (Acid Rain) operating permit.
32-00055: EME Homer City Generation, LP--Homer City Station (1750 Power Plant Road, Homer City, PA 15748) for operation of three coal-fired boilers in Center Township, Indiana County. This is a renewal of the Title IV (Acid Rain) operating permit.
32-00059: Reliant Energy Northeast Management Co.--Conemaugh Station (1001 Broad Street, Johnstown, PA 15907) for operation of two coal-fired boilers in West Wheatfield Township, Indiana County. This is a renewal of the Title IV (Acid Rain) operating permit.
63-00016: Allegheny Energy Supply Co.--Mitchell Station (4350 Northern Pike, Monroeville, PA 15907), for operation of four coal-fired boilers in Union Township, Washington County. This is a renewal of the Title IV (Acid Rain) operating permit.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact: Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.
62-00149: Interlectric Corp., Inc. (1401 Lexington Avenue, Warren, PA 16365) on December 9, 2002, for a Synthetic Minor Permit to operate an electric lamp bulbs and tube manufacturing company in City of Warren, Warren County. The facility has accepted a limitation on the facilities potential to emit VOCs.
Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; Contact: Muhammad Zaman, Facilities Permitting Chief, (570) 327-0512.
08-399-037: OSRAM SYLVANIA Products, Inc. (Hawes Street, Towanda, PA 18848) on December 6, 2002, for operation of an air cleaning device (a cartridge collector) identified in the operating permit to control the particulate matter emissions from two pieces of metal powder processing equipment (a granulator and a dumping station) not previously identified in the permit in North Towanda Township, Bradford County.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341(a)).
Except as otherwise noted, the Department certifies that the construction and operation herein described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State Water Quality Standards.
Persons aggrieved by an 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, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, 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. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to 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 decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 P. S. §§ 691.1--691.702) 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: Water Obstruction and Encroachment Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)
Permits Issued and Actions on 401 Certifications
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E46-907. Upper Providence Township, 1286 Black Rock Road, P. O. Box 406, Oaks, PA 19456-0406, Upper Providence Township, Montgomery County, ACOE Philadelphia District.
To construct and maintain a 36-inch diameter stormwater outfall structure along Schuylkill River (WWF-MF) that will extend an existing stormwater outfall pipe at Port Providence Road approximately 550 feet, crossing under the Schuylkill Canal (WWF-MF). This work is associated with the proposed Port Providence Stormwater Improvement Project. The site is located approximately 400 feet northwest of the intersection of Canal Street and Port Providence Road (Collegeville, PA USGS Quadrangle N: 0.9 inch; W: 17.0 inches).
E46-925. Borough of Pottstown, Pottstown Borough Hall, 100 E. High Street, Pottstown, PA 19464, Pottstown Borough, Montgomery County, ACOE Philadelphia District.
To construct and maintain an approximately 300-foot long proposed road (Keystone Boulevard) and a multiuse trail situated along the floodway and floodplain of the Schuylkill River (WWF-MF) to provide access for the future industrial and commercial development. Limit of the work will begin just west of College Drive and Manatawny Creek (Pottstown, PA Quadrangle N: 21.6 inches, W: 5.0 inches) and will extend 3,000 feet along the existing PECO right-of-way running parallel to the Schuylkill River and will end (Pottstown, PA Quadrangle N: 21.6 inches, W: 6.6 inches).
E46-920. Bryn Mawr College, 101 North Merion Avenue, Bryn Mawr, PA 19010, Lower Merion Township, Montgomery County, ACOE Philadelphia District.
To modify and relocate an approximately 1,400 linear-foot reach of Mill Creek and an unnamed tributary to Mill Creek, locally known as the Ashbridge Park tributary. The project proposes to remove stone retaining walls in both watercourses, to remove three culverts in the Ashbridge Park tributary, to relocate the stream around a reconfigured parking area and construct a wooden pedestrian bridge across the relocated channel. Both watercourses will be modified to adjust the width, meander pattern and to create floodplain areas. The new stream channel design will consist of vortex rock weirs, rock cross vanes, root wad revetments, live branch layering, boulder toe protection and boulder bank stabilization. The project site is located directly west of the intersection of Ashbridge Road and Airedale Road (Norristown, PA Quadrangle N: 5.6 inches; W: 9.9 inches).
E09-841. Orleans Homebuilders, One Greenwood Square, Suite 101, Bensalem, PA 19020, Newtown Township, Bucks County, ACOE Philadelphia District.
To construct and maintain 642 linear feet of twin 34-inch by 53-inch elliptical reinforced concrete stream enclosure in and along an unnamed tributary of Core Creek (CWF, MF). The structure will replace several existing private enclosures and driveway crossings along the west side of Upper Silver Lake Road located within 700 feet of the intersection of Upper Silver Lake Road and Newtown Yardley Road. The project also proposes to construct and maintain approximately 69 linear feet of 18-inch high by 8-foot wide concrete box culvert crossing of an unnamed tributary of Core Creek to replace the existing culvert crossing of the Upper Silver Lake Road at the intersection with Newtown Yardley Road. The project site is located at the corner of Upper Silver Lake Road and Newtown Yardley Road (Langhorne, PA Quadrangle; N: 19.5 inches and W: 4 inches).
E46-928. Montgomery County Department of Roads and Bridges, Court House, P. O. Box 311, Norristown, PA 19404-0311, Cheltenham Township, Montgomery County, ACOE Philadelphia District.
To operate and maintain the after-the-fact 42-inch outfall connection to the existing Glenside Area Flood Protection Project identified as Department Project No. C46: 1, D.G.S. 180-11 which carries water to the Tacony Creek (WWF) located at Glenside Avenue immediately east of Keswick Avenue (Germantown, PA Quadrangle N: 18.5 inches, W: 3.55 inches).
E15-686. Nelson Realty Trust, 100 Vanguard Boulevard, Malvern, PA 19355, Uwchland Township, Chester County, ACOE Philadelphia County.
To perform the following activities associated with the Nelson Realty Trust Campus project:
1. To remove an existing road crossing consisting of a 48-inch span and 36-inch rise box culvert, to construct and maintain, in its place, a 38-foot long open bottom twin cell concrete culvert, consisting of a 6-foot span and 4-foot rise and associated utilities across an unnamed tributary to Shamona Creek (HQ-TSF-MF) at the existing Farm House Road.
2. To construct and maintain a 92-foot long open bottom twin cell concrete culvert, consisting of a 10-foot span and 2.5-foot rise and associated utilities across an unnamed tributary to Shamona Creek (HQ-TSF-MF) at the proposed Wellington Drive.
3. To construct and maintain an 87-foot long open bottom twin cell concrete culvert, consisting of a 7.5-foot span and 3.5-foot rise and associated utilities across an unnamed tributary to Shamona Creek (HQ-TSF-MF) at the proposed Victory Drive.
4. To construct and maintain an 82-foot long open bottom twin cell concrete culvert, consisting of a 12.5-foot span and 4-foot rise across an unnamed tributary to Shamona Creek (HQ-TSF-MF) at the proposed Victory Drive.
5. To install and maintain a sanitary sewer line across an unnamed tributary to Shamona Creek (HQ-TSF-HQ) and its adjacent wetlands (PFO) at three locations.
The permittee shall construct and maintain 0.80 acre of replacement wetlands to compensate for 0.28 acre of permanent and 0.25 acre of temporary wetlands impact. The site is located just south of Pennsylvania Turnpike Interchange 23 (Downingtown, PA USGS Quadrangle N: 11.0 inches; W: 5.4 inches).
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E39-398A. Department of Transportation, Engineering District 5-0, 1713 Lehigh Street, Allentown, PA 18103. Upper Macungie and Lower Macungie Townships, Lehigh County, Army Corps of Engineers Philadelphia District.
To amend Permit No. E39-398 to authorize the following activities associated with Phase II of the SR 0222 Bypass Project:
1. To remove the existing Weilers Road Bridge and to construct and maintain a twin cell concrete box culvert depressed 1 foot below stream bed elevation, having cell dimensions of 25 feet by 7 feet (7.6 m by 2.1 m) across Schaefer Run.
2. To construct and maintain a four-span concrete I-beam bridge, having normal spans averaging 147.5 feet (45.0 m) and an average underclearance of approximately 49 feet (15.0 m) across Schaefer Run.
3. To construct and maintain a six-span concrete I-beam bridge, having normal spans averaging 95.5 feet (29.1 m) and an average underclearance of approximately 28 feet (8.5 m) across Schaefer Run.
4. To construct and maintain a channel change consisting of realigning and reestablishing vegetation along 218 feet (66.4 m) of Schaefer Run.
5. To remove the temporary stream enclosure under the Breinigsville Interchange embankment, to remove the existing structure under Hamilton Boulevard, to remove the existing structure under Breinigsville Road and to construct and maintain a 497-foot (151.5 m) long single cell concrete box stream enclosure depressed 1 foot below stream bed elevation, having cell dimensions of 18 feet by 8 feet (5.4 m by 2.4 m) in a tributary to Schaefer Run.
6. To construct and maintain a 446-foot (136.0 m) long twin cell concrete box stream enclosure depressed 1 foot below stream bed elevation, having cell dimensions of 23 feet by 7 feet (7.0 m by 2.1 m) in Iron Run.
7. To construct and maintain various stormwater outfalls in the floodway of Iron Run.
8. To place fill in 1.0 acre (0.39 ha) of wetlands within the Little Lehigh Creek Watershed.
The following activities associated with Phase I of the SR 0222 Bypass Project were authorized by Permit E39-398.
1. To construct and maintain a 318-foot (97 m) temporary stream enclosure consisting of a 60-inch (1,500 mm) reinforced concrete pipe and a 30-inch (750 mm) reinforced concrete pipe in a tributary to Schaefer Run.
2. To place and maintain fill in the floodway of Schaefer Run for the purpose of constructing a portion of the Breinigsville Interchange embankment.
3. To construct and maintain stormwater outfalls in the floodways of Schaefer Run and a tributary to Schaefer Run and to construct and maintain an intake structure in Spring Creek.
The mitigation area for the entire SR 0222 project was constructed during Phase I. The permittee was required to provide 1.45 acres (0.59 ha) of replacement wetlands.
The entire project involves construction of 6.5 miles (10.5 km) of SR 0222 on a new alignment north of the current alignment and 3.4 miles (5.5 km) of SR 0100 on a new alignment west of the current alignment. The project will also include the construction of and improvements to secondary roads.
The improvements to SR 0222 will begin near the SR 0222/SR 0309 Interchange (Allentown West, PA Quadrangle N: 12.8 inches; W: 6.0 inches) in Lower Macungie Township, Lehigh County and extend 6.5 miles (10.5 km) west to the town of Breinigsville near the SR 0222/T546 intersection (Topton, PA Quadrangle N: 7.2 inches; W: 0.2 inch) in Upper Macungie Township, Lehigh County. The improvements to SR 0100 will begin near the SR 0100/T463 intersection (Allentown West, PA Quadrangle N: 5.6 inches; W: 3.3 inches) in Lower Macungie Township, Lehigh County and extend 3.4 miles (5.5 km) north to the SR 0100/T568 intersection (Allentown West, PA Quadrangle N: 11.8 inches; W: 1.6 inches) in Upper Macungie Township, Lehigh County.
E40-606. Kimberly A. Coffee, R. R. 1, Box 78, Harveys Lake, PA 18618. Harveys Lake Borough, Luzerne County, Army Corps of Engineers Baltimore District.
To modify and maintain an existing house and dock structure in Harveys Lake, with work consisting of constructing a 24-foot by 14-foot cantilevered addition on the lakeward side of the existing house. The project is located at Pole No. 164 (Harveys Lake, PA Quadrangle N: 22.1 inches; W: 6.8 inches).
E40-603. Department of Transportation, Engineering District 4-0, P. O. Box 111, Scranton, PA 18501. Dupont Borough, Luzerne County, Army Corps of Engineers Baltimore District.
To remove the existing structure and to construct and maintain a stream enclosure of Mill Creek, consisting of approximately 170 linear feet of 14.0-foot by 8.0-foot precast reinforced concrete box culvert, followed by approximately 25 linear feet of a cast-in-place reinforced concrete box culvert transition section that will tie into the existing downstream box culvert. A precast concrete U-channel transition section will be constructed, extending approximately 50 feet upstream of the proposed stream enclosure to the existing concrete trapezoidal channel. The project is located along SR 2035, Section 371, Segment 0220, Offset 1694 (Bear Creek Road), immediately upstream of SR 0315 Northbound (Chestnut Street) (Avoca, PA Quadrangle N: 12.5 inches; W: 17.1 inches).
E64-233. Marlin Minks, 34--43 82nd Street, Jackson Heights, NY 11372-2920. Canaan Township, Wayne County, Army Corps of Engineers Philadelphia District.
To remove the existing structure and to construct and maintain a private single-span bridge, having a span of approximately 16 feet and an underclearance of 5.4 feet, across Headley Brook; and to construct and maintain two road crossings of wetlands, including the placement of fill in a de minimis area of wetlands equal to 0.04 acre, for the purpose of providing access to a home site. The project is located on the south side of T-399, approximately 2,000 feet upstream of the confluence of Headley Brook and Van Auken Creek (Honesdale, PA Quadrangle N: 14.8 inches; W: 13.0 inches).
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
E08-395. Department of Transportation, District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. Traffic Improvement Project in Towanda Borough, Bradford County, ACOE Baltimore District (Towanda, PA Quadrangle N: 3.3 inches; W: 9.1 inches).
To construct and maintain the following activities at the following locations:
Regulated
Activity No. Type of Activity Station No. Description of Impact 1 Permanent 136+40 to 172+50 Stream encroachment--fill covers 3,600 ft/43,200 ft2 (1,097 m/4,013 m2) of stream bank along the perennial WWF Susquehanna River for construction of stabilized slope. 2 Permanent 136+40 to 172+50 Floodway encroachment of the 100-yr. floodplain--148,285 ft2 (3.40 acres) or 13,774 m2 (1.38 ha) of the floodway filled by construction of stabilized slope. 3 Permanent 146+00 Stream relocation--310 ft/930 ft2 (94 m/86 m2) of intermittent WWF stream (Mix Run). Mix Run culvert and headwall to be relocated through a 96-inch diameter reinforced concrete pipe 30 ft. upstream resulting in improved alignment over existing. The section of Mix Run to be relocated is currently conveyed through an enclosed culvert system. 4 Permanent 156+70 Stream enclosure (52 inch diameter reinforced concrete pipe culvert extension)--30 ft/90 ft2 (9 m/8 m2) to intermittent WWF stream. The proposed project will also include the following temporary impacted activity:
Regulated
Activity No. Type of Activity Station No. Description of Impact 2 Temporary 136+40 to 172+50 Stream encroachment--360,383 ft2 (5.98 acres) or 24,190 m2 (2.42 ha)--cofferdam footprint for construction of stabilized slope. An existing access road in the vicinity of Mix Run will be utilized to access the cofferdam and construction area.
SPECIAL NOTICES
BUREAU OF DEEP MINE SAFETY
Request for Variance The Department of Environmental Protection (Department), Bureau of Deep Mine Safety (Bureau), has received a request for variance from Mears Enterprises, Inc. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida, (724) 439-7469 or from the Bureau website at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
The Department is publishing a summary of the request to solicit comments from affected parties on the proposed variance request. Comments may be used by the Bureau to assist in its investigation of the variance request. Comments will be accepted for 30 days following the publication of this notice. Comments should be addressed to Paul L. Hummel, Acting Director, Bureau of Deep Mine Safety, Fayette County Health Center, 100 New Salem Road, Room 167, Uniontown, PA 15401
Section 702 of the Bituminous Coal Mine Act (act) provides a mechanism for operators to obtain variances from specific requirements of the Act to accommodate the adoption of new machinery, equipment, tools, supplies, methods, or processes.
Section 242(c) of the act states that where belt conveyors are installed, main stoppings and regulators shall be so arranged as to reduce the quantity of air traveling in the belt conveyor entry to a minimum for effective ventilation and to provide an intake air split as an escapeway from the face are to the main air current.
Summary of the Request: Mears Enterprises, Inc. requests to use a point carbon monoxide early warning fire detection system and entries in common with the belt conveyor entry at the Dora No. 8 Mine.
[Pa.B. Doc. No. 02-2317. Filed for public inspection December 27, 2002, 9:00 a.m.]
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