[37 Pa.B. 4795]
[Saturday, September 1, 2007]
[Continued from previous Web Page]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 1
Acknowledgment of Notices of Intent to Remediate Submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Sections 302--305 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the Background Standard, Statewide Health Standard, the Site-Specific Standard or who intend to remediate a site as a special industrial area must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one, a combination of the cleanup standards or who receives approval of a special industrial area remediation identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period for sites proposed for remediation using a Site-Specific Standard, in whole or in part, and for sites remediated as a special industrial area. This period begins when a summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation to a Site-Specific Standard or as a special industrial area, the municipality within which the site is located may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified. During this comment period, the municipality may request that the person identified as the remediator of the site develop and implement a public involvement plan. Requests to be involved and comments should be directed to the remediator of the site.
For further information concerning the content of a Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional office before which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Southeast Region: Environmental Cleanup Program Manager, 2 East Main Street, Norristown, PA 19401.
Metal Bank State Road Property, City of Philadelphia, Philadelphia County. Richard Wardrop, P. G., Shaw Environmental, Inc., 200 Innovation Boulevard, Suite 256, State College, PA 16803 on behalf of John Mattioni, Esquire, Mattioni, Ltd., 399 Market Street, Second Floor, Philadelphia, PA 19106, Ed Kleppinger, Ph. D., EWK Consultants, Inc., 510 N. Street SW, Washington, DC 20024 has submitted a Notice of Intent to Remediate. Soil and groundwater at the site has been impacted by release of unleaded gasoline. The future use of the site is nonresidential use. A summary of the Notice to Intent to Remediate was reported to have been published in The Philadelphia Daily News on July 16, 2007.
Spring Mill Impounding Basin Site, Whitemarsh Twp, Montgomery County. Mark Fornta, DelVal Soil and Env., Consultants, Inc., 4050 Skyrun Drive, Doylestown PA 1890, on behalf of Culter Group, Inc., The Culter Group, Inc., 5 Apollo Road, Suite 1, Plymouth Meeting, PA 19462 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of inorgancis. The future use of the site is residential.
Cambridge Square Condominiums, Lower Merion Township, Montgomery County. Stephen Brower, Environmental Standards, Inc., 1140 Valley Forge Road, P. O. Box 810, Valley Forge, PA 19482 on behalf of Peter Monaghan, Sibley Avenue Associates, LP, 1008 Upper Gulf Road, Wayne, PA 19087 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of No. 2 fuel oil. The future redevelopment plans indicate that the site will consist of a condominium complex. A summary of the Notice of Intent to Remediate was reported to have been published in the Main Lines Times on July 30.
Pennsburg Auto Parts, Borough of Pennsburg, Montgomery County. Richard D. Trimpi, Trimpi Associate, Inc., 1635 Old Plains Road, Pennsburg, PA 18073, Penney Ganley, Quaker City Motor Parts, P. O. Box 5000, Middletown, DE 19709 on behalf of M.A. Trexler, Pennsburg Auto Parts, 752 Main Street, Pennsburg, PA 18073, Joshua Misnick, 760 Main Street, Pennsburg, PA 18073, Liz Hotz, Fast Tags and Keystone Tax Services Offices, 772 and 774 Main Street, Pennsburg, PA 18073, Barry Rodenberger, 778 Main Street, Pennsburg, PA 18073 has submitted a Notice of Intent to Remediate. Soil and groundwater at the site has been impacted by release of No. 2 fuel oil. The future use of the site is commercial. A summary of the Notice of Intent to Remediate was reported to have been published in the Bucks County Intelligencer on July 22.
Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Ann Marie Hackling Residence, Noxen Township, Wyoming County. David Fife, Quad Three Group, Inc., 72 Glenmaura National Boulevard, Moosic, PA 18507 has submitted a Notice of Intent to Remediate (on behalf of his client, Ann Marie Hackling, R. R. 1, Box A94, Noxen, PA 18636-9744), concerning the remediation of soil and groundwater found to have been impacted by No. 2 fuel oil as a result of an act of vandalism to an aboveground storage tank. The applicant proposes to remediate the site to meet the Statewide Health Standard. The proposed future use of the property will remain residential. A summary of the Notice of Intent to Remediate is expected to be published in a local newspaper serving the general area sometime in the near future.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Former Trojan Yacht Site, East Lampeter Township, Lancaster County. RETTEW Associates, Inc., 3020 Columbia Avenue, Lancaster, PA 17603, on behalf of Macar Properties, LLC, 425 Steel Way, Lancaster, PA 17601-3135, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with VOCs from historical industrial use of the site. The property is a former yacht manufacturing facility and planned future use is warehousing and distribution. The applicant is seeking to remediate to the Statewide Health Standard.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Ralph Heimer Property, 232 South Allen Street, State College, PA 16801, State College Borough, Centre County, Blazosky Associates, Inc., 2525 Green Tech Drive, State College, PA 16803 on behalf of Ralph Heimer, Jeramar Enterprises, 426 East College Avenue, State College, PA 16801 has submitted a Notice of Intent to Remediate soil contaminated with fuel oil. The applicant proposes to remediate the site to meet the Statewide Health Standard. The site is awaiting construction of a commercial building with residential apartments above it
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS
NEW SOURCES AND MODIFICATIONS The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.
The Department has received applications for plan approvals and/or operating permits from the following facilities.
Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.
Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.
PLAN APPROVALS
Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
67-03115A: Garrod Hydraulics, Inc. (1050 Locust Point Road, York, PA 17406) for installation of a chromium electroplating system and emission controls at the existing plant in East Manchester Township, York County.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
53-00005C: Dominion Transmission, Inc. (445 West Main Street, Clarksburg, WV 26301) for modification of a fugitive VOC emission limitation (by increasing the limitation from 2.9 tons in any 12-consecutive month period to 21.0 tons in any 12-consecutive month period) at a natural gas compressor station (Greenlick Station) in Stewardson Township, Potter County.
17-00017B: Rescar, Inc. (450 Osborne Avenue, DuBois, PA 15801) for construction of railcar flaring, water/steam cleaning, abrasive blasting and surface coating operations in the City of DuBois, Clearfield County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
24-083M: Carbone of America (215 Stackpole Street, City of St. Mary's, PA 15857) for installation of an electric furnace with a thermal oxidizer control device at their facility site in the City of Saint Mary's, Elk County. This is a Title V facility.
Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Thomas McGinley, New Source Review Chief, (484) 250-5920.
09-0010A: TEVA Pharmaceuticals USA, Inc. (650 Cathill Road, Sellersville, PA 18960) for installation and operation of a fluid bed dryer, cartridge dust collector and HEPA filter at existing facility. Monitoring and recordkeeping requirements were applied to the source and the control devices to determine compliance with applicable limits on particulate matter emissions. The facility is in West Rockhill Township, Bucks County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
38-05028B: Milprint, Inc. (5 Keystone Drive, Lebanon, PA 17042) for modification of the existing printing press battery at the flexible packaging printing facility in South Lebanon Township, Lebanon County. All of the previous emission limits for the facility will remain in place. Annual VOC emissions from the facility are limited to 50 tons per consecutive 12-month period. The plan approval and operating permit will contain all of the previous monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
25-951A: Bay City Forge (1802 Cranberry Street, Erie, PA 16502) for installation, operation and maintenance of a new 16 mmBtu per hour natural gas fired furnace for their forging operation in the City of Erie, Erie County.
Under 25 Pa. Code §§ 127.44(a) and 127.424 the Department of Environmental Protection (Department) intends to issue a Plan Approval No. 25-951A for their plant in the City of Erie, Erie County. This plan approval will authorize the applicant to install, operate and maintain a new 16 mmBtu per hour natural gas fired furnace for their forging operation, as described in the applicant's application of May 15, 2007. The Plan Approval will subsequently be incorporated into the company's State-only Operating Permit in accordance with 25 Pa. Code § 127.450.
Based on the information provided by the applicant and Department's own analysis, PM emissions will be limited to 0.53 ton per year and 0.01 pound per mmBtu heat input. The company is permitted to only use natural gas as fuel at a rate of 137.42 million cubic feet per year. This restriction satisfies the SO2 restriction of 25 Pa. Code § 123.21. The company will be required to monitor natural gas records and retain these records for a minimum of 5 years.
Copies of the application, the Department's analysis, and other documents used in the evaluation are available for public inspection between the hours of 8 a.m. and 4 p.m. weekdays at the address shown. To make an appointment, contact Records Management at (814) 332-6340.
Anyone wishing to provide the Department with additional information they believe should be considered may submit the information to the address shown. Comments must be received, by the Department, within 30 days of the last day of publication. Written comments should include the following:
1. Name, address and telephone number of the person submitting comments.
2. Identification of the proposed Plan Approval; No. 25-951A.
3. Concise statement regarding the relevancy of the information or any objections to issuance of the Plan Approval.
A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted on the comments received during the public comment period. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or the Pennsylvania Bulletin or by telephone, when the Department determines the notification is sufficient. Written comments or requests for a public hearing should be directed to John Guth, Regional Air Quality Manager, Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.
42-184H: Keystone Powdered Metal Company (251 State Street, Erie, PA 16502) for installation, operation and maintenance of a new induction heat treater furnace with a Smog Hog type electrostatic precipitator (ESP) control device for processing powder coated metal parts, in the Borough of Lewis Run, McKean County.
Under 25 Pa. Code §§ 127.44(a) and 127.424 the Department of Environmental Protection (Department) intends to issue a Plan Approval, No. 42-184H for their plant in the Borough of Lewis Run, McKean County. This plan approval will authorize the applicant to install, operate, and maintain a new induction heat treater furnace with a Smog Hog type ESP control device for processing powder coated metal parts, as described in the applicant's application of June 1, 2007, with addendum received on July 31, 2007. The Plan Approval will subsequently be incorporated into the company's State-only Operating Permit in accordance with 25 Pa. Code § 127.450.
Based on the information provided by the applicant and Department's own analysis, PM emissions will be limited to 0.016 ton per and 0.02 grain per dry standard cubic feet of emissions. The company will be limited to 8,400 pounds of metal parts on a daily basis in this furnace and will be required to operate the control device at all times the heater furnace is operating. The company will also be required to monitor and record daily metal parts throughput, current through and voltage across the ESP control device and retain these records for a minimum of 5 years.
Copies of the application, Department's analysis, and other documents used in the evaluation are available for public inspection between the hours of 8 a.m. and 4 p.m. weekdays at the address shown. To make an appointment, contact Records Management at (814) 332-6340, for an appointment.
Anyone wishing to provide Department with additional information they believe should be considered may submit the information to the address shown. Comments must be received, by the Department, within 30 days of the last day of publication. Written comments should include the following:
1. Name, address and telephone number of the person submitting comments.
2. Identification of the proposed Plan Approval; No. 42-184H.
3. Concise statement regarding the relevancy of the information or any objections to issuance of the Plan Approval.
A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted on the comments received during the public comment period. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or the Pennsylvania Bulletin or by telephone, when the Department determines notification is sufficient. Written comments or requests for a public hearing should be directed to John Guth, Regional Air Quality Manager, Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.
AMS 07128: V&S Philadelphia Galvanizing LLC (2520 E. Hagert Street, Philadelphia, PA 19125) for construction and operation of four pickling tanks and a strip tank in the City of Philadelphia, Philadelphia County. There will be a potential emission increase of 1.17 tons for PM for the facility. The plan approval will contain operating and recordkeeping requirements to ensure operation within all applicable requirements.
OPERATING PERMITS
Intent to Issue Title V Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter G.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, Muhammad Zaman, Facilities Permitting Chief, (570) 327-0512.
41-00019: Specialized Vehicles Corp.--Kidron Division (13442 Emerson Road, Kidron, OH 44636) for renewal of Title V Operating Permit 41-00019 for operation of a truck body and trailer manufacturing facility (Montgomery Plant) on Saegers Station Road in Clinton Township, Lycoming County.
The facility incorporates truck and trailer assembly, surface preparation and surface coating operations as well as a refrigerated truck body foam insulation operation, 35 natural gas-fired heaters (with a total combined heat input of 68.42 mmBtu per hour), 4 natural gas-fired hot water pressure washers (with a total combined heat input of 2.53 mmBtu per hour), a surface coating equipment cleanup operation, a 126 horsepower propane-fired emergency generator, a 225 horsepower diesel fuel-fired emergency fire pump, 3 solvent parts washers, 3 paint gun washers and 3 small aboveground diesel fuel and gasoline storage tanks.
The facility has the potential to emit up to 149.05 tons of VOCs, 73.41 tons of PM including PM10, 69.33 tons of NOx, 34.80 tons of CO, 10.0 tons of any single HAP, 25.0 tons of combined HAPs and 2.23 tons of SO per year.
The Department of Environmental Protection (Department) proposes to renew Title V Operating Permit 41-00019. The Department intends to incorporate into this renewal all conditions currently contained in Title V Operating Permit 41-00019 with these exceptions, changes and additions:
1. A refrigerated truck body foam insulation operation, four natural gas-fired hot water pressure washers and three paint gun washers have been added to the permit along with conditions specifying the applicable requirements for these air contamination sources.
2. Conditions specifying the applicable 25 Pa. Code § 129.63 requirements for three solvent parts washers have been added to the permit as well as a condition prohibiting the use of halogenated solvents and solvents containing a HAP as an intentionally-added ingredient and a condition requiring the maintenance of records of the amount of solvent added to, and removed from, the parts washers each month.
3. Conditions requiring the maintenance of fuel certification reports or fuel analyses records to verify the sulfur content of the No. 2 fuel oil delivered to the facility have been removed from the permit as no source in the facility uses No. 2 fuel oil and the only source that uses diesel fuel is an emergency fire pump.
4. Conditions requiring Method 24 testing of the coatings, adhesives and solvents used in the facility and the maintenance of records of this information have been removed from the permit as the conditions were determined by the Department to be both excessive and redundant of other recordkeeping requirements contained in the permit.
5. Conditions requiring a weekly inspection of the facility for the presence of visible air contaminant emissions, visible fugitive air contaminant emissions and malodors and the maintenance of records of these inspections have been removed from the permit as this facility does not contain the types of sources that are likely to produce visible air contaminant or visible fugitive air contaminant emissions and, despite many years of operation, the facility has no history of malodor complaints.
6. Conditions requiring the maintenance, and reporting, of records of ''supporting calculations to verify compliance'' with the facility-wide VOC and HAP emission limitations have been revised to require the maintenance and reporting, of records of the amount of VOCs and the amount of each individual HAP emitted from the facility each month as well as the calculations performed in determining these emission values.
7. A number of conditions containing semi-annual or annual reporting requirements have been revised to require reports to be submitted to the Department on a quarterly basis to be consistent with other reporting requirements contained in the permit which require quarterly reporting.
8. A condition requiring malfunctions to be reported to the Department has been revised to exclude the reporting of malfunctions which do not result in, or potentially result in, air contaminant emissions in excess of an applicable air contaminant emission limitation and/or do not result in, or potentially result in, noncompliance with any operating permit condition.
9. Conditions requiring the maintenance of records of the ''supporting calculations used to verify compliance'' with the annual VOC emission limits for 35 small natural gas-fired heaters (Sources CU031 and CU033), two 3.0 mmBtu per hour natural gas-fired tunnel booth drying oven burners incorporated in the facility's surface coating operation (Source P305) and three small aboveground diesel fuel and gasoline storage tanks (Source P315) have been removed from the permit as it is not possible for the VOCs from the respective sources to exceed the respective annual emission limits.
10. The recordkeeping and reporting requirements for the facility's truck and van assembly operations (Source P301), truck and van solvent cleaning (surface preparation) operations (Source P303), surface coating operations (Source P305) and surface coating equipment cleanup operations (Source P307) have been revised to require the maintenance and reporting, of records of the identity, quantity, VOC content and content of each individual volatile HAP of each material used each month, the amount of each individual HAP emitted each month, the amount of VOCs emitted each month, the number of vehicles manufactured each month and, in some cases, the average VOC emissions per vehicle manufactured.
11. Four spray booths which no longer exist onsite have been removed from the permit.
Intent to Issue Operating Permits 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 19428, Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.
46-00258: Bryn Mawr College (101 North Merion Avenue, Bryn Mawr, PA 19010) for a Non-Title V Facility, State-only, Synthetic Minor Permit in Lower Merion Township, Montgomery County. The sources of emissions include boilers and emergency generators. The company took fuel restrictions on natural gas and No. 2 fuel oil to reduce NOx and SOx emissions. Monitoring, recordkeeping and reporting requirements have been added to the permit to address applicable limitations.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
65-00080: Duraloy Technologies, Inc. (120 Bridge Street, Scottdale, PA 15683-1748) for manufacture of specialty steel cast tubular and molded products at their Scottdale Manufacturing facility in Scottdale Borough, Westmoreland County. This is a State-only Operating Permit Renewal.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.
20-00034: Weyerhaeuser Choice Wood (11117 Skyline Drive, Titusville, PA 16354) a Natural Minor Operating Permit for operation of the facility's air contamination sources consisting of one wood-fired boilers, natural gas heating units, wood working operations including sawing and planing, 17 wood-drying kilns and off-loading sawdust from trucks in Oil Creek Township, Crawford County.
COAL AND NONCOAL MINING ACTIVITY APPLICATIONS 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). Mining activity permits issued in response to applications will also address the applicable permitting requirements of the following statutes: the Air Pollution 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).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of an application is available for inspection at the district mining office indicated before an application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for certification.
Written comments, objections or requests for informal conferences on applications may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the district mining office indicated before an application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34.
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. NPDES permits will contain, at a minimum, technology-based effluent limitations as identified in this notice for the respective coal and noncoal applications. In addition, more restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies who have requested review of NPDES permit requirements for a particular mining activity within the previously mentioned public comment period will be provided with a 30-day period to review and submit comments on the requirements.
Written comments or objections should contain the name, address and telephone number of the person submitting comments or objections; the application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based. Requests for an informal conference must contain the name, address and telephone number of requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor wishes to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Effluent Limits--The following coal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 Alkalinity greater than acidity* *The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: (1) surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; and mined areas backfilled and revegetated; and (2) drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.
Permit Number 11071701 and NPDES Permit NA, Department of Environmental Protection, Bureau of Mining and Reclamation, Cambria District Mining Office, 286 Industrial Park Road Ebensburg, PA 15931, to operate the Lancashire Treatment Plant in Barr Township, Cambria County a new treatment plant and related NPDES permit for postmining water treatment and for sludge disposal into Lancashire 15 Mine Complex. Surface Acres Proposed 10.0. Receiving stream: West Branch Susquehanna River, classified for the following use: WWF. Application received March 5, 2007.
Permit Number 33071301 and NPDES Permit NA, Rosebud Mining Company, 301 Market Street, Kittanning, PA 16201, to operate the Kocjancic Mine in Snider Township, Jefferson County and Jefferson Township, Elk County a new underground coal mine and related NPDES permit. Surface acres proposed 33.3, underground acres proposed 1,735.0, subsidence control plan acres proposed 1,735.0. Receiving streams: East Branch Walburn Run, classified for the following use: CWF and UNT No. 1 to East Branch Walburn Run, classified for the following use: CWF. Application received June 29, 2007.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
32020101 and NPDES No. PA0249165. Alverda Enterprises, Inc., P. O. Box 87, Alverda, PA 15710, revision of an existing bituminous surface mine to add auger mining and revise E & S plan in Pine Township, Indiana County, affecting 18.3 acres. Receiving streams: Yellow Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 9, 2007.
56860101 and NPDES No. PA0597546. Croner, Inc., P. O. Box 260, Friedens, PA 15541, revision of an existing bituminous surface auger mine to add 66 acres to permit area from permit Nos. 56850109 and 56803093 currently bonded by Croner, Inc. in Brothersvalley Township, Somerset County, affecting 222.8 acres. Receiving streams: UNT to Buffalo Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 10, 2007.
56070108 and NPDES No. PA0262323. Hoffman Mining, Inc., P. O. Box 130, 118 Runway Road, Friedens, PA 15541, commencement, operation and restoration of a bituminous surface auger, blasting mine in Paint Township, Somerset County, affecting 135.5 acres. Receiving streams: Shade Creek and UNTs to Shade Creek classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Border Dam SWI. This application also includes a request for a variance to conduct surface mining activities within 100 feet of five UNTs. The stream encroachment activities consist of ponds and ditches within 100 feet but no closer than 25 feet and several haul road crossings. Application received August 8, 2007.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
33070106 and NPDES Permit No. PA0258385. Amerikohl Mining, Inc., 202 Sunset Drive, Butler, PA 16001. Commencement, operation and restoration of a bituminous surface strip operation in Winslow Township, Jefferson County affecting 138.0 acres. Receiving streams: eight UNTs to Panther Run and Panther Run, classified for the following use: CWF, to Sandy Lick Creek, classified for the following use: TSF. There are no potable surface water supply intakes within 10 miles downstream. Application received: August 15, 2007.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
17070114 and NPDES No. PA0256633. AMFIRE Mining Company, LLC, One Energy Place, Latrobe, PA 15650. Commencement, operation, and restoration of a bituminous surface mine in Girard Township, Clearfield County, affecting 119.4 acres. Receiving streams: Bald Hill Run to UNTs to Bald Hill Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received: August 10, 2007.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
49070101. D. Molesevich & Sons Construction Co., Inc., 333 South Pine Street, Mt. Carmel, PA 17851, commencement, operation and restoration of an anthracite surface mine operation in Mt. Carmel and Conyngham Townships, Northumberland and Columbia Counties affecting 816.0 acres, receiving stream: none. Application received: August 15, 2007.
Noncoal Applications Received
Effluent Limits
The following noncoal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-day Daily Instantaneous Parameter Average Maximum Maximum suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity1 pH1 greater than 6.0; less than 9.0 1 The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
10072802. Natural Sand Company, Inc., 4783 Harlansburg Road, Slippery Rock, PA 16057. Application for a stream encroachment to use and maintain an existing haul road within the 100 foot barrier of UNT No. 1 to Little Bull Creek in Buffalo Township, Butler County. Receiving streams: UNT to Little Bull Creek, classified for the following use: CWF/TSF. The first downstream potable water supply intake from the point of discharge is New Kensington Municipal Authority. Application received: August 1, 2007.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
7975SM5C4 and NPDES Permit No. PA0118338. KPK Development Company, 1082 Temperance Lane, Richboro, PA 18954, renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Falls Township, Bucks County, receiving streams: Martins Creek and Delaware Canal, classified for the following uses: WWF and MF. Application received August 10, 2007.
45880301C. Tarheel Quarry, LLC, 2000 Highway 35, Morgan, NJ 08879, correction to an existing quarry operation in Tobyhanna Township, Monroe County affecting 406 acres to include a stream variance of a UNT to Lehigh River. Application received: August 13, 2007.
FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.
Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications received 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 requests for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E26-345. Joseph A. Hardy Connellsville Airport, 874 Airport Road, Lemont Furnace, PA 15456. To place and maintain fill in and to construct channel relocation in Dunbar and North Union Townships, Fayette County, Pittsburgh ACOE District. (Uniontown, PA Quadrangle N: 14.9 inches; W: 5.3 inches; Latitude: 39° 57` 25"; Longitude: 79° 38` 47"). The applicant proposes to place fill in 1,201 linear feet of the channel two UNTs to Redstone Creek and to construct and maintain a channel relocation and to place and maintain fill in 0.81 acre of wetlands for the purpose of construction of an embankment at the south end of Runway 5/23. The applicant proposes to construct wetland mitigation onsite.
Department of Environmental Protection, Bureau of Waterways Engineering, Water Management Program Manager, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8554, Harrisburg, PA 17105-8554.
E1414-001, Boggs Township, Centre County, 1270 Runville Road, Bellefonte, PA 16823, Wallace Run Stream Rehabilitation Project, Boggs Township, Centre County (Bellefonte, PA Quadrangle N: 13.78 inches; W: 11.30 inches), USACOE Baltimore District.
This permit is requested for a project to restore approximately 650 feet of the Wallace Run stream channel, beginning just downstream of a concrete block wall and ending at the existing rock riprap downstream of 710 Runville Road, Bellefonte, PA. Work will consist of channel grading and realignment, installation of rock structures within the channel, seeding and plantings.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
EA28-004: Eugene Keefer Warren Township, 12930 Forage Road, Mercersburg, PA 17236, Stream Realignment in Warren Township, Franklin, York County.
To reestablish and maintain 24 linear feet of natural stream channel and floodplain bench in a UNT to Little Cove Creek (CWF) located immediately just upstream of an existing culvert pipe under Fort Davis Road (T-302) in Warren Township, Franklin County (Cherry Run, MD, W.VA, PA Quadrangle N: 21.8 inches; W: 6.6 inches; Latitude: 39° 44` 43"; Longitude: 78° 2` 48") in Warren Township, Franklin County.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
EA32-007. PA Renewable Resource Associates, Conemaugh Hydro, 1665 Auen Road, Saltsburg, PA 15681. Request to remove tile drains in Blacklick Township, Indiana County, Pittsburgh ACOE District. (Blairsville, PA Quadrangle N: 17.23 inches; W: 8.81 inches and Latitude: 40° 28` 11.5"; Longitude: 79° 18` 48"). The applicant proposes to remove approximately 5,100 feet of tile drains from an approximate 46.9 acre site for the purpose of creating approximately 27 acres of wetlands. The project is located west of the intersection of Grange and Newport Roads, within the United States Army Corps of Engineers Conemaugh River Lake Flood Control project area. The project will include the back filling of trenches that will be excavated to remove the existing tile drains and will temporarily impact approximately 0.5 acre of Wetland C, which is an approximate 1.8 acre, palustrine, emergent wetland.
Central Office: Bureau of Waterways Engineering, Rachel Carson State Office Building, Floor 3, 400 Market Street, Harrisburg, PA 17105.
D45-116. White Heron Lake, Inc., 9 White Heron Lake, East Stroudsburg, PA 18301-8935. Middle Smithfield Township, Monroe County, ACOE or Philadelphia District. To permanently fill 0.04-acre of Palustrine Emergent Wetland to construct and maintain a new spillway for the purpose of improving public safety at White Heron Dam across Newton Run (HQ-CWF). The dam is located at the intersection of Minisink Road and SR 402 (Bushkill, PA Quadrangle; Latitude: 41° 03` 36"; Longitude: 75° 07` 36"). The 0.04-acre wetland impact is considered de minimis; therefore replacement is not required.
D15-119EA. Willistown Township, 688 Sugartown Road, Malvern, PA 19355, Willistown Township, Chester County, ACOE Philadelphia District. Project proposes to breach and remove Okehocking Dam across Ridley Creek (HQ-TSF) for the purpose of eliminating a threat to public safety and restoring the stream to a free flowing condition. The project will restore approximately 750 lineal feet of stream channel. The dam is located approximately 5,000 feet northeast of the intersection of West Chester Pike (SR 003) and Garrett Mill Road (Media, PA Quadrangle; Latitude: 39° 58` 05"; Longitude: 75° 29` 00").
DAM SAFETY Central Office: Bureau of Waterways Engineering, 400 Market Street, Floor 3, P. O. Box 8554, Harrisburg, PA 17105-8554.
D63-096. Trax Farms Dam. Trax Farms, Inc. 528 Trax Road, Finleyville, PA 15332-9801. To operate and maintain Trax Farms Dam across a tributary to Peters Creek (TSF) for the purpose of providing irrigation for Trax Farms. (Bridgeville, PA Quadrangle N: 5.2 inches; W: 5.0 inches) Peters Township, Washington County.
D65-003A. Sugar Run Dam. Highridge Water Authority, 17 Maple Avenue, Blairsville, PA 15717-1232. To modify, operate and maintain Sugar Run Dam across a tributary of the Conemaugh River for the purpose of water supply. Work includes the installation of a buttress to stabilize the embankment, installation of a saddle spillway to help pass the PMF, construction of a new intake tower, rehabilitation of the service spillway and slip lining of the intake pipe. (New Florence, PA Quadrangle N: 0.2 inch; W: 3.2 inches) St. Clair Township, Westmoreland County.
ACTIONS
THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT
FINAL ACTIONS TAKEN FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS The Department of Environmental Protection (Department) has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and Notices of Intent (NOI) for coverage under general permits. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the Federal Clean Water Act.
Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal wastes; discharges to groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits Sections I--VI contain actions related to industrial, animal or sewage wastes discharges, discharges to groundwater and discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities and concentrated animal feeding operations (CAFOs). Section VII contains notices for parties who have submitted NOIs for coverage under general NPDES permits. The approval for coverage under general NPDES permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in each general permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective permit. Permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action.
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.
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