Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 06-2313c

[36 Pa.B. 7147]
[Saturday, November 25, 2006]

[Continued from previous Web Page]

AIR QUALITY


General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northeast Region:  Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Mark Wejkszner, New Source Review Chief, (570) 826-2531.

   64-301-008GP14: Wilson Funeral Home (P. O. Box 7, Lake Ariel, PA 18436) on November 7, 2006, to construct and operate a human crematory and associated air cleaning device in Lake Township, Wayne County.

   48-301-047GP14: Lehigh Valley Crematory Services, Inc. (301 Front Street, Hellertown, PA 18055) on November 6, 2006, to construct and operate a human crematory and associated air cleaning device in Hellertown Borough, Northampton County.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   GP3-36-03166: Brandenburg Industrial Service Co. (1805 East Fourth Street, Bethlehem, PA 18015) on November 7, 2006, for Portable Nonmetallic Mineral Processing Plants under GP3 in City of Lancaster, Lancaster County.

   GP11-36-03166: Brandenburg Industrial Service Co. (1805 East Fourth Street, Bethlehem, PA 18015) on November 7, 2006, for Nonroad Engines under GP 11 in City of Lancaster, Lancaster County.


Plan Approvals Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.

   Southeast Region:  Air Quality Program, 2 East Main Street, Norristown, PA 19401; Thomas McGinley, New Source Review Chief, (484) 250-5920.

   15-0104C: Tasty Baking Oxford, Inc. (700 Lincoln Ave., Oxford, PA 19363) on November 8, 2006, to operate two sveba-dahlen V42 rack ovens in Oxford Borough, Chester County.

   15-0010C: ISG Plate, LLC (50 South First Ave., Coatesville, PA 19320) on November 8, 2006, to operate a fabric collector in City of Coatesville, Chester County.

   Northeast Region:  Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Mark Wejkszner, New Source Review Chief, (570) 826-2531.

   40-302-155: Wilkes-Barre General Hospital (575 North River Street, Wilkes Barre, PA 18702) on November 1, 2006, to modify three boilers to utilize No. 4 fuel oil in Wilkes Barre, Luzerne County.

   40-399-038D: Fairchild Semiconductor (125 Crestwood Road, Mountaintop, PA 18707) on October 25, 2006, to install air cleaning devices on the FAB 8 production area in Wright Township, Luzerne County.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   28-05011A: Waste Management Disposal Services of PA, Inc. d/b/a Mountain View Reclamation (9446 Letzburg Road, Greencastle, PA 17225-9317) on November 7, 2006, for addition of a new enclosed ground flare to their existing Mountain View Reclamation facility in Antrim Township, Franklin County.


Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.13, 127.13a and 127.32.

   Southeast Region:  Air Quality Program, 2 East Main Street, Norristown, PA 19401; Thomas McGinley, New Source Review Chief, (484) 250-5920.

   15-0115C: QVC, Inc. (1200 Wilson Drive, West Chester, PA 19380) on November 1, 2006, to operate an emergency generator (2,000) kW in West Goshen Township, Chester County.

   46-313-146: Penn Color, Inc. (2755 Bergey Road, Hatfield, PA 19440) on November 3, 2006, to operate a base pigment dispersion facility in Hatfield Township, Montgomery County.

   23-0074: GS Roofing Production Co., Inc. (800 W. Front Street, Chester, PA 19013) On November 7, 2006, to operate a thermal oxidizer in City of Chester, Delaware County.

   23-0082: Liberty Electric Power, LLC (1000 Industrial Hwy, Route 291, Eddystone, PA 19022) on November 7, 2006, to operate a power plant-500 MW in Eddystone Borough, Delaware County.

   09-0024C: Waste Management Disposal Services of PA Inc. (1121 Bordentown Road, Morrisville, PA 19067) on November 7, 2006, to operate a landfill in Tullytown Borough, Bucks County.

   09-0087B: Air Products and Chemicals, Inc. (351 Philadelphia Avenue, Morrisville, PA 19067) on November 7, 2006, to operate a SiF4 process scrubber in Falls Township, Bucks County.

   15-0004D: Alcoa Packaging, LLC (520 Lincoln Avenue, Downingtown, PA 19335) on November 7, 2006, to operate four film seaming machines in Downingtown Borough, Chester County.

   46-0035B: SmithKline Beecham d/b/a Glaxo- SmithKline (709 Swedeland Road, King of Prussia, PA 19406) on November 8, 2006, to operate an emergency electric generator in Upper Merion Township, Montgomery County.

   46-0072: Willow Grove Air Reserve Station (913 MSG/CEV 2164 McGuire Street, Willow Grove ARS, PA 19090) on November 7, 2006, to operate a spray paint booth in Horsham Township, Montgomery County.

   09-0087D: Air Products and Chemicals, Inc. (351 Philadelphia Avenue, Morrisville, PA 19067) on November 1, 2006, to operate a chlorine distillation process in Falls Township, Bucks County.

   Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   22-05035A: Eastern Industries, Inc. (P. O. Box 177, Winfield, PA 17889) on October 15, 2006, to replace the existing primary jaw crusher, the existing grizzly and blacktop screens and to refurbish the dust collector that controls the blacktop plant at their Elizabethville quarry in Washington Township, Dauphin County. This plan approval was extended.

   Northcentral Region:  Air Quality Program, 208 West Third Street, Williamsport, PA 17701; David Aldenderfer, Program Manager, (570) 327-3637.

   41-00028: Koppers Industries, Inc. (50 Koppers Lane, Montgomery, PA 17752) on November 7, 2006, by means of Department-initiated amendment, to delete erroneous capacity and throughput values in Clinton Township, Lycoming County.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; William Charlton, New Source Review Chief, (412) 442-4174.

   56-00025F: New Enterprise Stone and Lime (P. O. Box 77, New Enterprise, PA 16664) on November 06, 2006, to complete installation of a new piece of equipment at the Bakersville Quarry in Jefferson Township in Somerset County. This plan approval was extended.

   30-00099E: Allegheny Energy Supply Co., LLC (800 Cabin Hill Drive, Greensburg, PA 15601) on November 03, 2006, to allow completion of stack testing at the Hatfield Power Station in Monongahela Township, Greene County. This plan approval was extended.


Title V Operating Permits Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter G.

   Southeast Region:  Air Quality Program, 2 East Main Street, Norristown, PA 19401; Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.

   46-00046: Accellent, Inc. (200 West 7th Avenue, Trappe, PA 19426) on November 8, 2006, to renew the Title V Operating Permit in Trappe Borough, Montgomery County. The initial permit was issued on July 3, 2001. The facility is primarily used for the fabrication of metal tubing used in the medical, aerospace, and automotive industries. The facility cleans the metal parts in the three vapor degreasers that are located at the facility. The vapor degreasers are subject to the requirements of 40 CFR Part 63, Subpart T, and the facility is using control combinations to comply with these regulations. Other sources of volatile organic compounds include three boilers, several space heaters, plastic coating processes, and parts washers. As a result of potential emissions of volatile organic compounds, the facility is a major stationary source as defined in Title I, Part D of the Clean Air Act Amendments, and is therefore subject to the Title V permitting requirements adopted in 25 Pa. Code Chapter 127, Subchapter G. The proposed Title V Operating Permit Renewal does not adopt any new regulations and does not reflect any change in air emissions from the facility. The facility is not subject to Compliance Assurance Monitoring under 40 CFR Part 64. The renewal contains all applicable requirements including monitoring, recordkeeping and reporting.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.

   67-05004: P. H. Glatfelter Co. (228 South Main Street, Spring Grove, PA 17362-1000) on November 2, 2006, to operate a pulp and paper mill in Spring Grove Borough, York County. This is a renewal of the Title V operating permit.


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, 2 East Main Street, Norristown, PA 19401; Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.

   09-00147: Northtec LLC (411 Sinclair Road, Bristol, PA 19007) On November 8, 2006, to operate a cosmetic powder processing plant in Bristol Township, Bucks County. The permit is for a non-Title V (State-only) facility. The facility does not have the potential to emit major amounts of criteria pollutants; therefore the facility is categorized as a Natural Minor. Operating Permit also includes minor modification issued under 25 Pa. Code § 127.462. Modification to source level requirements, hours of operation limitation has been removed. The permit will include monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   21-03004: ADM Milling Co. (P. O. Box 3100, Shiremanstown, PA 17011) on November 7, 2006, to operate their flour milling facility in Camp Hill Borough, Cumberland County. This is a renewal of the State-only operating permit.

   28-03008: Edge Rubber (811 Progress Road, Chambersburg, PA 17201-3257) on November 6, 2006, to operate their rubber recycling facility in Chambersburg Borough, Franklin County. This is a renewal of the state only operating permit.

   36-03105: Binkley and Ober, Inc. (P. O. Box 7, 2742 Lancaster Road, East Petersburg, PA 17520-0007) on November 2, 2006, to operate their stone crushing plant in East Hempfield Township, Lancaster County. This is a renewal of the State-only operating permit.

   36-03157A:  Fertrell Co. (601 North 2nd Street, P. O. Box 265, Bainbridge, PA 17502-0265) on November 6, 2006, for their fertilizer plant in Conoy Township, Lancaster County.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Mark Wayner, Facilities Permitting Chief, (412) 442-4174.

   04-00496: Jerart, Inc. (3701 Duss Avenue, P. O. Box 153, Baden, PA, 15005) on October 30, 2006, for a sand and stone processing plant to include an impact crusher, a screening plant, various conveyors and transfer points, material handling with front end loaders, storage piles and plant haul roads at their slag processing plant located in Baden Borough, Beaver County.

   65-00829: Fulmer Co., LLC (3004 Venture Court, Export, PA 15632) on November 1, 2006, to operate a foundry at Perma-Cast Export Facility in Penn Township, Westmoreland County.


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.

   Southeast Region:  Air Quality Program, 2 East Main Street, Norristown, PA 19401; Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.

   23-00030: Swarthmore College (500 College Ave., Swarthmore, PA 190814) on November 7, 2006, an administrative amendment to the renewed Title V Operating Permit at their campus in Swarthmore Borough, Delaware County. The air pollution sources at the campus include 18 boilers, 10 backup emergency generators and a liquid chilling unit. The boilers are used to provide heat and hot water for the academic and residential buildings. The permit is being amended to correct errors in the amended, renewed Title V Operating Permit. The amended Title V Operating Permit will contain additional monitoring, recordkeeping, reporting and work practice standards to keep the facility operating within all applicable air quality requirements. The facility is not subject to Compliance Assurance Monitoring (CAM) under 40 CFR Part 64.

   The following conditions have been addressed in the amended Title V Operating Permit, as outlined below:

   i.  Section G (Miscellaneous)--The fuel type for the 20-kW Wharton generator, that is exempted per 25 Pa. Code § 127.14(a)(8)(6), was changed from natural gas to diesel.

   ii.  Section G (Miscellaneous)--The fuel type for the 15-kW Worth generator, that is exempted per 25 Pa. Code § 127.14(a)(8)(6), was changed from dual fuel (diesel/natural gas) to natural gas only.

   iii.  Section(s) A and D, Source ID: 112 (Small Misc. Generator)--The Permit Map was changed to remove FML01 (Natural Gas Line) and FML02 (No. 6 Fuel Oil) and replaced with FML03 (No. 2 Fuel Oil).

   iv.  Section D, Source ID: 112 (Small Misc. Generator), Condition No. 004--The fuel restriction condition was revised to permit this source to only burn No. 2 fuel oil.

   v.  Section D, Source ID: 002 (Heat Plant No. 2), Condition No. 005--The testing requirement for this source was revised to require the source to fire only No. 6 fuel oil while conducting the performance test.

   vi.  Section D, Source ID: 003 (Heat Plant No. 3), Condition No. 004--The Title V Operating Permit was revised to include a new testing requirement for this source. This testing requirement requires the permittee to performance a source test, no earlier than 12 months prior to the expiration date of the permit to demonstrate compliance with the NOx and SOx emission limits. The testing also requires the source to be fired only No. 6 fuel oil while conducting the performance test.

   09-00022: Cleveland Steel Container Corp. (350 Mill Street, Quakertown, PA 18951) On November 7, 2006, located in Quakertown Borough, Bucks County. The facility's major emission points include paint booths and lithographic printing presses, which emits major levels of VOCs. Administrative Amendment of Title V Operating Permit issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code § 127.450. The amendment incorporates terms and conditions from Plan Approval PA-09-0022B, which limits individual HAP emissions to less than 10 tons per year and combination HAP emissions to less than 25 tons per year. The Title V also increases the VOC content of inks applied to steel sheets at Lithographic Press No. 1 (Source ID 108) from 10% to 15% by weight. The permit will include monitoring, recordkeeping and reporting requirements designed to keep the facility within all applicable air quality requirements.

   Southcentral Region:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Ronald Davis, New Source Review Chief, (717) 705-4702.

   36-05027: R. R. Donnelly and Sons Co. (216 Greenfield Road, Lancaster, PA 17601-5885) on November 6, 2006, to install a printing press (Goss S-3000) to replace an existing unit in City of Lancaster, Lancaster County. This Title V operating permit was administratively amended to incorporate Plan Approval 36-05027G. This is revision No. 2.


Operating Permits Denied, Terminated, Suspended or Revoked under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.431 and 127.461.

   Southeast Region:  Air Quality Program, 2 East Main Street, Norristown, PA 19401; Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.

   46-00227:  Schmidt Structural Products, Inc. (38 Souderton Pike, Souderton, PA 18964) on November 9, 2006, for revocation of the facility's State-only (Synthetic Minor) Operating Permit for its two paint spray booths in Franconia Township, Montgomery County. Operations at the facility were shut down in October 2005. Since that time, the building has been sold and the paint spray booths have been moved out-of-State. The new owner is no longer eligible to apply for Emission Reduction Credits for the shutdown of the facility.

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


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); and 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 and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application 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).

Coal Permits Actions

   Knox District Mining Office:  P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.

   33850123 and NPDES Permit No. PA0106801. Waroquier Coal Company (P. O. Box 128, Clearfield, PA 16830). Renewal of an existing bituminous strip operation in Washington Township, Jefferson County affecting 203.2 acres. Receiving streams: UNT to Mill Creek and UNT to Rattlesnake Run. Application received: August 11, 2006. Permit issued: November 7, 2006.

   43060101 and NPDES Permit No. PA0258113. Ben Hal Mining Company (389 Irishtown Road, Grove City, PA 16127). Commencement, operation and restoration of a bituminous strip operation in Jackson Township, Mercer County affecting 68.9 acres. Receiving streams: UNT to Yellow Creek. Application received: February 1, 2006. Permit issued: November 7, 2006.

   3350106 and NPDES Permit No. PA0258032. Mountain Coal Co., Inc. (11931 State Route 85, Kittanning, PA 16201). Commencement, operation and restoration of a bituminous strip and auger operation in Knox and Oliver Townships, Jefferson County affecting 75.3 acres. Receiving streams: UNT to Little Sandy Creek. Application received: October 17, 2005. Permit issued: November 7, 2006.

   Pottsville District Mining Office:  5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.

   54970101T and NPDES Permit No. PA0223832. Premium Fine Coal, Inc., (P. O. Box 2043, Hazleton, PA 18201). Transfer of an existing anthracite surface mine operation in Schuylkill Township, Schuylkill County affecting 632.0 acres; receiving stream: Schuylkill River. Application received August 28, 2006. Transfer issued: November 8, 2006.

Government Financed Construction Contract

   Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.

   Larson Enterprises, GFCC No. 17-06-06, Graham Township, Clearfield County (Alder Run--Upper West Branch Watershed): A Government-Financed Construction Contract (GFCC) has been awarded to Larson Enterprises that will result in the reclamation of over 1,750 feet of outslope as well as approximately 8.0 acres of abandoned mine lands in Graham Township, Clearfield County. The reclamation of the abandoned mine lands will also reduce the amount of sediment entering several unnamed tributaries to Alder Run and Mons Run from the site. Alkaline addition in the form of waste lime will be added to the mining area at a rate of 380 tons/acre. The value of this reclamation is estimated at $46,400.

Noncoal Permits Actions

   Pottsville District Mining Office:  5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.

   8274SM1T and NPDES Permit No. PA0595705. ICM of Pennsylvania, Inc., (638 Lancaster Avenue, Malvern, PA 19355). Transfer of an existing quarry operation and NPDES Permit for discharge of treated mine drainage in Manheim and Upper Leacock Townships, Lancaster County affecting 71.75 acres, receiving stream: Conestoga River. Application received April 10, 2006. Transfer issued: November 6, 2006.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (73 P. S. §§ 151--161) and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

   Cambria District Mining Office:  286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

   28064175. Warrens Excaating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507-0189). Blasting activity permit issued for residential development in Chambersburg Borough, Franklin County. Blasting activity permit end date is November 1, 2007. Permit issued: November 3, 2006.

   21064188. J. Roys, Inc. (P. O. Box 125, Bowmansville, PA 17507-0125). Blasting activity permit issued for residential development in Silver Spring Township, Cumberland County. Blasting activity permit end date is November 1, 2007. Permit issued: November 3, 2006.

   Moshannon District Mining Office:  186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.

   55064101. D. C. Guelich Explosives Co. (R. R. 3, Box 125A, Clearfield, PA 16830). Construction blasting for building expansion located in Center Township, Snyder County. Application received: October 24, 2006. Permit issued: November 2, 2006. Permit expires on: October 31, 2007.

   Pottsville District Mining Office:  5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.

   39064120. Hayduk Enterprises, Inc. (257 Riverside Drive, Factoryville, PA 18419). Construction blasting for Iron Run Plaza in Upper Macungie Township, Lehigh County with an expiration date of June 30, 2007. Permit issued: November 3, 2006.

   45064164. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431). Construction blasting for Winona Lakes in Middle Smithfield Township, Monroe County with an expiration date of November 30, 2007. Permit issued: November 3, 2006.

   45064165. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431). Construction blasting for Wilderness Acres in Middle Smithfield Township, Monroe County with an expiration date of November 30, 2007. Permit issued: November 3, 2006.

   45064166. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431). Construction blasting for Shawnee Oakdale in Middle Smithfield and Smithfield Townships, Monroe County with an expiration date of November 30, 2007. Permit issued: November 3, 2006.

   45064167. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431). Construction blasting for Pocono Farms in Coolbaugh Township, Monroe County with an expiration date of November 30, 2007. Permit issued: November 3, 2006.

   45064168. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431). Construction blasting for Franklin Hill Acres in Smithfield Township, Monroe County with an expiration date of November 30, 2007. Permit issued: November 3, 2006.

   45064169. J. Roy's, Inc. (Box 125, Bowmansville, PA 17507). Construction blasting for Airport Road Waterline in Smithfield Township, Monroe County with an expiration date of November 1, 2007. Permit issued: November 3, 2006.

   06064139. Warren's Excavating & Drilling, Inc. (P. O. Box 189, Bowmansville, PA 17507). Construction blasting for Reedy Estates in Spring Township, Berks County with an expiration date of November 3, 2007. Permit issued: November 7, 2006.

   06064140. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543). Construction blasting for a single dwelling in Marion Township, Berks County with an expiration date of December 30, 2006. Permit issued: November 7, 2006.

   39064121. Austin Powder Company (25800 Science Park Drive, Cleveland, OH 44122). Construction blasting for Iron Run Center in Upper Macungie Township, Lehigh County with an expiration date of November 3, 2007. Permit issued: November 7, 2006.

   48064128. Austin Powder Company (25800 Science Park Drive, Cleveland, OH 44122). Construction blasting for United Plastics Plant in Forks Township, Northampton County with an expiration date November 3, 2007. Permit issued: November 7, 2006.

   35064120. Austin Powder Company (25800 Science Park Drive, Cleveland, OH 44122). Construction blasting for Glen Maura Development in Moosic Borough, Schuylkill County with an expiration date of November 3, 2007. Permit issued: November 8, 2006.

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).

   Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation 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 should 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 of 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 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

   Southcentral Region:  Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

   E28-334: Charles R. Smetzer, Jr., 758 Spruce Street, Hagerstown, MD 21740, in Washington Township, Franklin County, ACOE Baltimore District.

   To replace an existing mobile home and to construct and maintain a single family residential house, with approximately 180 cubic yards of fill to be placed within the 100-year floodway of a UNT to West Branch Antietam Creek (CWF). The project is located near the intersection of Marsh Road and Cold Spring Road (Waynesboro, PA Quadrangle N:  0.40 inches; W:  14.48 inches; Latitude: 39° 45` 08"; Longitude: 77° 36` 11") in Washington Township, Franklin County.

   Northwest Region:  Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   E61-277, Byzantine, Inc., 1198 Mulberry Lane, Bridgewater, PA 1500. Tractor Supply Development, in Cranberry Township, Venango County, ACOE Pittsburgh District (Cranberry, PA Quadrangle N:  18.8 inches; W:  13.2 inches).

   The applicant proposes to fill 0.03 acre of PEM wetland (de minimis) for the construction of a commercial retail facility and associated parking area approximately 0.4 mile W of the intersection of SR 322 and SR 257. The project proposes to directly impact 0.03 acre of PEM wetland.


SPECIAL NOTICES

Sewage Facilities Act Special Notice


Special Notice Under the Pennsylvania Sewage Facilities Act (35 P. S. §§ 750.1--750.20a)

   Northwest Region:  Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

Project Location:

Borough or
Township
Borough or Township
Address
County
Washington Township 11800 Edinboro Road
Edinboro, PA 16412
Erie

   Project Description:  On November 13, 2006, under 25 Pa. Code § 94.31 (relating to organic or hydraulic overload), the Department of Environmental Protection issued an Order to Washington Township and to the Washington Township Sewer Authority which imposes a ban on all connections to Washington's sewerage conveyance system that is tributary to the Angling Road Sewage Treatment Plant. No building permits which may result in a connection to the overloaded sewerage facilities or increase the load to those facilities through an existing connection shall be issued by Washington or by the Washington Township Sewer Authority.

Drinking Water State Revolving Fund Special Notice


Special notice under the Federal Safe Drinking Water Act

   Northeast Region:  Water Supply Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.

   Project Location:

Applicant Applicant Address County
Easton Suburban Water Authority 3700 Hartley Avenue
Easton, PA 18045
Northampton

   Project Description:  The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. The Easton Suburban Water Authority proposes to increase permitted production capacity at the City of Easton's WTP to 16 mgd and upgrade all facilities necessary to reliably produce potable water. The project, known as the Easton WTP Phase Nos. 2--4 Improvement Project, is identified by Pennvest Project No. 480150300507-CW. The Department of Environmental Protection's (Department) review of the project and the information received in the Environmental Report for the project has not identified any significant, adverse environmental impact resulting from this proposal. The Department hereby approves the Environmental Assessment.

Settlement of NPDES Permit Appeal Pursuant to 25 Pa. Code § 92.61(g)

Borough of Etna v. Department of Environmental Protection; EHB Docket No. 2006-102-R

   This matter involved the appeal of the National Pollutant Discharge Elimination System Permit No. PAG 066119 (NPDES General Permit) issued by the Commonwealth of Pennsylvania, Department of Environmental Protection (Department) to the Borough of Etna (Etna) to operate a combined sewer system and to discharge, under certain conditions, a combination of sewage and stormwater runoff from nine combined sewer overflows (CSOs) into Pine Creek, Little Pine Creek and the Allegheny River.

   The Department's final action to resolve this NPDES General Permit appeal was a settlement as reflected by an October 13, 2006, Consent Order and Agreement (Agreement) entered into by the Department and Etna. The major provisions of the settlement require Etna to apply to the Department for an individual NPDES Permit and the Department to issue a draft individual NPDES Permit with a tailored condition that recognizes that one of the nine CSOs within Etna, Outfall A-68, is operated by the Allegheny County Sanitary Authority (Alcosan). The individual NPDES Permit will recognize that Etna conveys combined sewage flows to Outfall A-68 and that Etna has responsibilities to implement nine minimum controls and to participate in area-wide CSO control activities. In addition, Etna agreed to withdraw its appeal before the Environmental Hearing Board.

   Copies of the full Agreement are in the possession of Bruce M. Herschlag, Assistant Counsel, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262 and David G. Ries, Esquire, Thorp, Reed & Armstrong, One Oxford Center, 301 Grant Street, 14th Floor, Pittsburgh, PA 15219-1425, (412) 394-7787 and may be reviewed by any interested person on request during normal business hours.

   Persons believing to be aggrieved by this Agreement have a right to appeal the Environmental Hearing Board (Board), Second Floor, Market Street State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 30 days of this publication.

   If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 787-3483. TDD users may telephone the Board through the AT&T Pennsylvania Relay Service at (800) 654-5984.

[Pa.B. Doc. No. 06-2313. Filed for public inspection November 22, 2006, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.