[37 Pa.B. 1050]
[Saturday, March 3, 2007]
[Continued from previous Web Page]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 3
The Department has taken action on the following plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Provisions of 25 Pa. Code § 250.8, administration of the Land Recycling and Environmental Remediation Standards Act (act), require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. Plans and reports required by provisions of the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of refuse of the property and, in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, contact the Environmental Cleanup Program manager in the Department regional office before which the notice of the plan or report appears. If information concerning a final report 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 plans and reports:
Northeast Region: Ronald S. Brezinski, Regional Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Easton Industrial Affiliates, Palmer Township, Northampton County. Jennifer O'Keefe, Sadat Associates, Inc., 1545 Lamberton Road, Trenton, NJ 08610 has submitted a Final Report (on behalf of her client, Easton Industrial Affiliates, 215 Nassau Street, Princeton, NJ 08542) concerning the remediation of soils impacted by a release of electrical transformer oil. The report demonstrated attainment of the Statewide Health Standard and was approved on February 13, 2007.
Trexler Plaza, Inc., Upper Macungie Township, Lehigh County. Michael P. Raffoni, GemChem, Inc., P. O. Box 384, Lititz, PA 17543-0384 submitted a Final Report (on behalf of his client, Bud Thind, Trexler Plaza, Inc., P. O. Box 307, Fogelsville, PA 18051) concerning the remediation of soils found to be impacted by No. 2 fuel oil as a result of several holes observed along the tank's invert during the removal process. This tank was used to heat an onsite building at this facility. The report demonstrated attainment of the Residential Statewide Health Standard and was approved on February 4, 2007.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Mutual Benefit Group--Huntingdon, Huntingdon Borough, Huntingdon County. Mountain Research LLC, 825 25th Street, Altoona, PA 16601, on behalf of Mutual Benefit Group, 409 Penn Street, Huntingdon, PA 16652, submitted a Final Report concerning the remediation of site soils and groundwater contaminated with gasoline and heating oil from removed underground storage tanks. The final report demonstrated attainment of the Residential Statewide Health Standard and was approved by the Department on February 13, 2007.
Flextronic Enclosures Site, Chambersburg Borough, Franklin County. Cardinal Resources, LLC, 4326 Northern Pike, Monroeville, PA 15642 and Shield Environmental Associates, Inc., 948 Floyd Drive, Lexington, KY 40505, on behalf of Castle Farms, LLC, 6 Riverside Industrial Park, Rome, GA 30161, submitted a combined Remedial Investigation and Final Report concerning the remediation of site groundwater contaminated with TCE. The final report demonstrated attainment of the site-specific standard and was approved by the Department on February 15, 2007. Soils obtained a Nonresidential Statewide Health release of liability in November 2003.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Amberleigh Development, Benner and Spring Townships, Centre County, Converse Consultants, 2738 West College Avenue, State College, PA 16801 on behalf of Jeff Yager, GOH, 1952 Waddle Road, State College, PA 16804 has submitted a Final Report concerning the remediation of site soil contaminated with diesel fuel. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on February 15, 2007
Butter Krust Baking Co., Upper Augusta Township, Northumberland County, Chambers Environmental Group, 629 East Rolling Ridge Drive, Bellefonte, PA 16823 on behalf of Butter Krust Baking Co., Inc., 249 N. 11th Street, Sunbury, PA 17801 has submitted a Final Report concerning remediation of site soil contaminated with leaded and unleaded gasoline. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on February 9, 2007.
Weis Market Inc., Milton Warehouse Stormwater Detention Basin, Milton Borough, Northumberland County. Whittemore and Haigh Engineering, Inc., 200 Bethlehem Drive, Suite 201, Morgantown, PA 19543 on behalf of Weis Markets, Inc., P. O. Box 471, Sunbury, PA 17801-0471 has submitted a Final Report concerning remediation of site soil and surface water contaminated with fuel oil. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on January 17, 2007.
Royal Galla Transport Rt. 15 Accident Site, Liberty Township, Tioga County, Environmental Solutions, 67 Frid Street, Unit 5, Hamilton, Ontario, L8P 4M3, Canada on behalf of Royal Galla Transport, 3615 Laird Drive, Mississauga, ON L5L 5Z8, Canada has submitted a Final Report concerning remediation of site soil contaminated with diesel fuel. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on February 12, 2007.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Edgewater Steel Ltd. Property (Former), Borough of Oakmont, Allegheny County. Frank W. Benacquista, P. G., KU Resources, Inc., 22 South Linden Street, Duquesne, PA 15110 (on behalf of Regional Industrial Development Corporation, 425 Sixth Avenue, Suite 500, Pittsburgh, PA 15219) has submitted a Remedial Investigation Report concerning the remediation of site soil and groundwater contaminated with lead, heavy metals, solvents and SVOC's. The Remedial Investigation Report was approved by the Department on December 15, 2006.
Ampco-Pittsburgh Corp./Colona Division Plant (Former), Borough of Monaca, Beaver County. Scott Whipkey, R.A.R. Engineering Group Inc., 1135 Butler Avenue, New Castle, PA 16101 on behalf of James Mansell, Route 51, Fallston, PA 15061 has submitted a Baseline Environmental Report concerning the remediation of site soil contaminated with cutting oils that apparently leaked from two 10,000 gallon UST's that were once located at the site. The Baseline Environmental Report was approved by the Department on December 7, 2006. In order to obtain cleanup liability protection, the person undertaking the reuse of a Special Industrial Area shall enter into an agreement with the Department, based on the approved Baseline Environmental Report which outlines cleanup liability of the property.
Cooper Standard Automotive Property (Former), Kittanning Borough Armstrong County. Mary A. King, Civil & Environmental Consultants, Inc., 333 Baldwin Road, Pittsburgh, PA 15205 on behalf of Nick Caruso, Armstrong County Dept. of Planning and Development, 402 Market Street, Kittanning, PA 16201 has submitted a Final Report concerning the remediation of site soil contaminated with other organics. The Final Report demonstrated attainment of the Statewide Health Standard and was approved by the Department on January 5, 2007.
HAZARDOUS WASTE TREATMENT, STORAGE AND DISPOSAL FACILITIES
Draft action under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and Regulations to Operate a Hazardous Waste Treatment, Storage or Disposal Facility.
Southeast Region: Regional Solid Waste Manager, 2 East Main Street, Norristown, PA 19401.
PAD096837356. The Boeing Company, P. O. Box 16858, Philadelphia, PA 19142, Ridley Township, Delaware County. The RCRA Part B permit was terminated on May 3, 2005. The 1-year liability period ended May 3, 2006, and Boeing has now requested that the bond be released. Public comment period ends 45 days after date of this publication. Written comments may be sent to the Southeast Regional Office at the previous address. Notice of intent to release the bond issued on February 13, 2007.
Draft permits issued, revised or withdrawn under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and Regulations to Operate a Hazardous Waste Treatment, Storage, or Disposal Facility.
Southcentral Region: Regional Solid Waste Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Permit Application No. PAD990753089. Exide Technologies, Exide Technologies Reading Smelter, Spring Valley Road and Nolan Streets, Reading, PA 19605, Laureldale Borough and Muhlenberg Township, Berks County. On June 29, 2001, the Department received a revised permit application for renewal of a commercial hazardous waste permit from Exide Corporation. The name of the permittee was subsequently changed to Exide Technologies, which is reflected in this draft permit. The Department has completed its review of the permit application and has issued a draft permit. As required by 25 Pa. Code Chapter 270a.80(d)(2), the Department is providing this public notice.
Persons wishing to comment on the draft permit are invited to submit a statement to the Southcentral Regional Office within 60 days from the date of this public notice. Comments received within this 60-day period will be considered in the formulation of the final determination regarding this application. Responses should include the name, address and telephone number of the writer; and a concise statement to inform the Regional Office of the exact basis of any comment and the relevant facts upon which it is based. A public hearing may be held if the Regional Office considers the public response significant.
Following the 60-day comment period and/or public hearing, the Department will make a final determination regarding the proposed permit action. Notice of this action will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.
RESIDUAL WASTE GENERAL PERMITS
Permits Issued under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003); the Residual Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904); and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.
Northwest Region: Regional Solid Waste Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
General Permit Application No. WMGR038-NWD01. Lion Enterprises #7/11 Inc., 911 Industrial Street, Suite 2, New Castle, PA 16102, New Castle, Lawrence County. The application was for determination of applicability for processing, reuse and beneficial use of Waste Tires, Tire Derived Material and Tire Derived Fuel for use as Fuel in boilers or other combustion units, civil engineering practices, recapping and as an ingredient in or as a commercial product. The permit was issued by the Northwest Regional Office on February 9, 2007.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Permit issued under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and regulations to operate solid waste processing or disposal area or site.
Southeast Region: Regional Solid Waste Manager, 2 East Main Street, Norristown, PA 19401.
Permit No. 101687. FMRA Inc., United States Army COE Fort Mifflin Confined Dspl. Fac., Philadelphia, PA 19153, City of Philadelphia. This permit is for the operation of a construction and demolition waste transfer facility. The permit was issued by SERO on February 15, 2007.
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.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Thomas McGinley, New Source Review Chief, (484) 250-5920.
09-312-038GP: CRC Industries, Inc. (885 Louis Drive,Warminster, PA 18974) on February 13, 2007, to operate a storage tank (No. 32) in Warminster Township, Bucks County.
09-312-040GP: CRC Industries, Inc. (885 Louis Drive, Warminster, PA 18974) on February 13, 2007, to operate a storage tank (No. 30) in Warminster Township, Bucks County.
09-312-041GP: CRC Industries, Inc. (885 Louis Drive,Warminster, PA 18974) on February 13, 2007, to operate a storage tank (No. 26) in Warminster Township, Bucks County.
09-312-042GP: CRC Industries, Inc. (885 Louis Drive, Warminster, PA 18974) on February 13, 2007, to operate a storage tank (No. 15) in Warminster Township, Bucks County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
GP-62-172: Glenn O. Hawbaker--Brokenstraw (Route 6 West, Warren, PA 16365) on February 28, 2007, for a nonroad engine in Pittsfield Township, Warren County.
GP-62-172: Glenn O. Hawbaker--Brokenstraw (Route 6 West, Warren, PA 16365) on February 28, 2007, for a portable mineral processing unit in Pittsfield Township, Warren 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.
46-0261A: US Tape (2452 Quakertown Road, Pennsburg, PA 18073) on February 15, 2007, to operate a nickel plating operation in Upper Hanover Township, Montgomery County.
46-0260: Durapax, LLC (400 Old Reading Pike, Suite 304, Pottstown, PA 19464) on February 16, 2007, to operate a coal tar roofing material process in West Pottsgrove Township, Montgomery County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Mark Wejkszner, New Source Review Chief, (570) 826-2531.
39-309-067: Lafarge North America, Inc. (5160 Main Street, Whitehall, PA 18052) on February 5, 2007, to modify Kiln No. 2 and associated air cleaning device in Whitehall Township, Lehigh County.
45-313-014: Biospectra, Inc. (R. R. No. 2, Box 2129C, Stroudsburg, PA 18360) on January 31, 2007, to construct a pharmaceutical manufacturing process and associated air cleaning device at the facility in Stroud Township, Monroe County.
64-303-011: Hanson Aggregates Pennsylvania, Inc. (P. O. Box 231, Easton, PA 18044) on February 6, 2007, to modify a batch asphalt plant to utilized recycled asphalt pavement in the product mix and to install an air cleaning device at the Lake Township Asphalt Plant in Lake Township, Wayne County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
67-05001D: LWB Refractories Co. (320 Baker Road, P. O. Box 1189, York, PA 17405) on February 13, 2007, to increase allowable hours of RTO downtime and limiting Tunnel Kilns Nos. 5 and 6 SOx emissions in West Manchester Township, York County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
20-296A: HomerWood Hardwood Flooring (1026 Industrial Drive, Titusville, PA 16354) on February 9, 2007, to construct a surface coating operation in the City of Titusville, Crawford County.
20-130B: Meadville Forging Co. (15309 Baldwin Street Ext., Meadville, PA 16335) on February 7, 2007, for sand blasting sources in Meadville, Crawford 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.
23-0051: Riddle Memorial Hospital (1068 West Baltimore Pike, Media, PA 19063) on February 14, 2007, to operate a waste heat boiler and wet scrubber in Middletown Township, Delaware County.
09-0186: Kinder Morgan Bulk Terminals, Inc. (1 Sinter Lane, Fairless Hills, PA 19030) on February 15, 2007, to operate a bulk product handling in Falls Township, Bucks County.
46-0005Z: Merck and Co., Inc. (Sumneytown Pike, P. O. Box WP20, West Point, PA 19486) on February 15, 2007, to operate a stream injection on boiler No. 10 in Upper Gwynedd Township, Montgomery County.
46-0013A: Hatfield Quality Meats, Inc.--sub Clemens (2700 Funks Road, P. O. Box 902, Hatfield, PA 19440) on February 15, 2007, to operate a 49 mmBtu/hr heat input boiler in Hatfield Township, Montgomery County.
46-0025C: Lonza, Inc. (900 River Road, Conshohocken, PA 19428) on February 15, 2007, to operate a waste incinerator in Upper Merion Township, Montgomery County.
46-0027A: Johnson & Johnson Pharmaceutical Research and Development, LLC (Welsh and McKean Roads, Spring House, PA 19477) on February 15, 2007, to operate a selective catalytic reduction in Lower Gwynedd Township, Montgomery County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
36-05117A: Dart Container Corp. of PA (110 Pitney Road, Lancaster, PA 17602-2616) on February 12, 2007, to use No. 4 and No. 6 fuel oil in the facility's two (2) existing boilers in East Lampeter Township, Lancaster 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.
53-00009A: Morgan Advanced Materials and Technology, Inc. (441 Hall Avenue, St. Mary's, PA 15857) on February 1, 2007, to construct three electric powered heat treat ovens (Source IDs 107-109) at their Coudersport facility in Eulalia Township, Potter County, each to be equipped with a natural gas fired thermal oxidizer to control air contaminant emissions from the respective oven until May 31, 2007. The plan approval has been extended.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, William Charlton, New Source Review Chief, (412) 442-4174.
65-00966A: Greensburg Thermal, LLC (755 Opossum Lake Road, Carlisle, PA 17013) on February 12, 2007, to allow completion of stack testing at their facility in Hempfield Township, Westmoreland 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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
56-00166: PBS Coals, Inc. (1576 Stoystown Road, P. O. Box 260, Friedens, PA 15541) on February 13, 2007, to renew their Title V Operating Permit for the Shade Creek Coal Preparation Plant in Shade Township, Somerset County. The facility has emissions from coal breaking, screening, handling, drying, transfer and storage. The primary source of emissions is the thermal dryer. The facility is subject to Title V requirements because of its potential to emit NOx, SOx, CO, PM and volatile organic carbons exceeds Title V thresholds.
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.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
22-03046: Haines and Kibblehouse, Inc. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474-0196) on February 13, 2007, to operate a crushing operation in Lower Swatara Township, Dauphin County. This is a renewal of the State-only operating permit.
36-03042: Haines and Kibblehouse, Inc. (303 Quarry Road, Peach Bottom, PA 17563-9739) on February 13, 2007, to operate a crushing operation in Fulton Township, Lancaster County. This is a renewal of the State-only operating permit.
36-03169: Marbleon, Inc. (121 Ashmore Drive, Leola, PA 17540-2007) on February 15, 2007, to operate their cast polymer manufacturing plant in Upper Leacock Township, Lancaster County.
38-03029: Elk Corp. of Texas (401 Weavertown Road, P. O. Box 228, Myerstown, PA 17067) on February 12, 2007, to operate an asphalt shingle manufacturing facility at their Myerstown Facility in Jackson Township, Lebanon County. This is a renewal of the State-only operating permit.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
65-00781: Kennametal Inc. (1600 Technology Way, Latrobe, PA 15650) on February 12, 2007, for their Research and Development Facility at their Corporate Campus in Unity Township, Westmoreland County. This site supports the global production needs of Kennametal Inc. This site does not generate significant emissions of any of the criteria pollutants.
11-00497: Gautier Steel Ltd: (80 Clinton Street, Johnstown, PA 1590) on February 7, 2007, to operate rolling mills at their Johnstown Plant in Johnstown, Cambria County.
11-00510: Amfire Mining Co., LLC (One Energy Place, Latrobe, PA 15650) on February 13, 2007, to operate their Madison Deep Mine Coal Preparation Plant in Jackson Township, Cambria County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, Facilities Permitting Chief, (814) 332-6940.
10-00305: Recmix of PA, Inc. (359 North Pike Road, Sarver, PA 16055-8633) on February 13, 2007, to operate a stainless steel screening process from slag and synthetic cement manufacturing facility in Windfield Township, Butler County. The major sources included: Hy-Way Thermal fluid treatment system, Truck travel, Materials handling, front end loaders travel, slag crushing, wind erosion from storage piles, slag skull screening and Holo-flight aggregate dryer.
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.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
01-03017: Premier Chemicals, LLC (300 Barr Harbor Drive, Suite 250, West Conshohocken, PA 19428-2998) on February 16, 2007, for their milling facility in Menallen Township, Adams County. This operating permit was administratively amended due to a change of ownership. This is revision No. 1.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.
S04-022: E.I. Dupont de Nemours--Marshall Laboratory in Philadelphia (3401 Grays Ferry Avenue, Philadelphia, PA 19146) on February 15, 2007, administratively amended to correct typographic errors and remove a reactor and two Air Handling Units. The Synthetic Minor Operating Permit was originally issued November 29, 2006.
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.
09-00025: Delbar Products, Inc. (7th and Spruce Streets, Perkaise, PA 18944) on January 1, 2006, to operate a meal mirror shaping and coating facility in Perkaise Borough, Bucks County. This operating permit was revoked because of a permanent shutdown of operations at 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
California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.
Permit No. 30841313 and NPDES Permit No. PA0022594. Consolidation Coal Company, (1800 Washington Road, Pittsburgh, PA 15241). To renew the permit for the Dilworth Mine in Cumberland Township, Greene County and related NPDES permit for reclamation only. No additional discharges. Application received: June 22, 2006. Permit issued: February 13, 2007.
Permit No. 30841601 and NPDES Permit No. NA. Consolidation Coal Company, (1800 Washington Road, Pittsburgh, PA 15241). To revise the permit for the Robena Preparation Plant in Monongahela Township, Greene County. No additional discharges. Application received: August 18, 2006. Permit issued: February 13, 2007.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
17000107 and NPDES No. PA0242951. Shud's Coal Hounds, Inc. (5757 Green Acre Road, Houtzdale, PA 16651). Permit renewal for the continued operation and restoration of a bituminous surface-auger mine in Woodward and Bigler Townships, Clearfield County, affecting 167.8 acres. Receiving streams: UNTs to Upper Morgan Run and Goss Run. Application received: June 9, 2006. Permit issued: February 9, 2007.
17860146 and NPDES No. PA0115738. M. B. Energy, Inc. (175 McKnight Road, Blairsville, PA 15717-7960). Permit renewal for reclamation only of a bituminous surface mine in Chest Township, Clearfield County, affecting 214.8 acres. Receiving streams: UNT to Wilson Run, to Wilson Run, to Chest Creek, to West Branch Susquehanna River. There are no potable water supply intakes within 10 miles downstream. Application received: January 18, 2007. Permit renewed: February 13, 2007.
17940103 and NPDES No. PA0219762. King Coal Sales, Inc. (P. O. Box 712, Philipsburg, PA 16866). Permit renewal for reclamation only of a bituminous surface mine in Decatur Township, Clearfield County, affecting 50.0 acres. Receiving streams: Shimel Run, Moshannon Creek, West Branch of the Susquehanna River. There are no potable water supply intakes within 10 miles downstream. Application received: January 18, 2007. Permit renewed: February 14, 2007.
Noncoal Permits Actions
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
Permit No. 28012802. William Mac Smith, Jr., (11665 Cool Hollow Road, Greencastle, PA 17225). Bond release on a small noncoal (industrial minerals) operation in Montgomery Township, Franklin County, affecting 4.0 acres. Receiving streams: West Branch Conococheague Creek. Application issued: February 14, 2007.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
10060807. Bernard J. McCrea Excavating (100 Pine Haven Drive, Fenelton, PA 16034). Commencement, operation and restoration of a small noncoal shale operation in Clearfield Township, Butler County affecting 1.0 acre. Receiving streams: UNT to Little Buffalo Run. Application received: November 29, 2006. Permit issued: February 12, 2007.
43060302. Terra Resources, Inc. (222 South Main Street, Butler, PA 16001). Commencement, operation and restoration of a sand and gravel operation in Jefferson Township, Mercer County affecting 61.0 acres. Receiving streams: Lackawannock Creek and UNT to Shenango River. Application received: June 16, 2006. Permit issued: February 12, 2007.
18119-43060302-E-1. Terra Resources, Inc. (222 South Main Street, Butler, PA 16001). Application for a stream encroachment to conduct mining activities no closer than 50 feet of Lackawannock Creek in Jefferson Township, Mercer County. Receiving streams: Lackawannock Creek and UNT to Shenango River. Application received: June 16, 2006. Permit issued: February 12, 2007.
18119-43060302-E-2. Terra Resources, Inc. (222 South Main Street, Butler, PA 16001). Application for a stream encroachment to conduct mining activities no closer than 50 feet of UNT No. 1 to Lackawannock Creek in Jefferson Township, Mercer County. Receiving streams: Lackawannock Creek and UNT to Shenango River. Application received: June 16, 2006. Permit issued: February 12, 2007.
10060306 and NPDES Permit No. PA0258211. Quality Aggregates, Inc. (200 Neville Road, Neville Island, PA 15225). Commencement, operation and restoration of a limestone operation in Marion Township, Butler County affecting 54.5 acres. Receiving streams: 5 UNTs to Blacks Creek and Blacks Creek; 1 UNT to North Branch Slippery Rock Creek. Application received: September 8, 2006. Permit issued: February 15, 2007.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
4775SM18 and NPDES No. PA0116459. Hanson Aggregates Pennsylvania, Inc. (2200 Springfield Pike, Connellsville, PA 15425). Renewal of NPDES Permit in Marion Township, Centre County. Receiving streams: Nittany Creek to Bald Eagle Creek to West Branch Susquehanna River to Susquehanna River. There are no potable water supply intakes within 10 miles downstream. NPDES Renewal application received: December 14, 2006. Permit renewal issued: February 7, 2007.
53040802. James M. Kiefer (5021 Kenerson Drive, Fairfax, VA 22032). Transfer of small noncoal surface mine (flagstone) from John A. Miller (586 Sands Road, Pearisburg, VA), in Bingham Township, Potter County, affecting 3.0 acres. There are no potable water supply intakes within 10 miles downstream. Application received: December 7, 2006. Permit issued: February 9, 2007.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
06010301C4 and NPDES Permit No. PA0224146. Berks Products Corporation, (P. O. Box 421, Reading, PA 19603), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Maxatawny Township, Berks County, receiving stream: Maiden Creek. Application received: December 26, 2006. Renewal issued: February 16, 2007.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). 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.
01074012. Dyno Nobel, Inc., (1320 Galiffa Drive, Donora, PA 15033). Blasting activity permit issued for residential development in Berwick Township, Adams County. Blasting activity permit end date is February 28, 2008. Permit issued: February 7, 2007.
21074108. Dyno Nobel, Inc., (1320 Galiffa Drive, Donora, PA 15033). Blasting activity permit issued for residential development in South Middleton Township, Cumberland County. Blasting activity permit end date is February 28, 2008. Permit issued: February 7, 2007.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
14074003. Douglas Explosives, Inc., (P. O. Box 77, Philipsburg, PA 16866). Construction blasting for a house foundation at Qpequon Hills subdivision located in Benner Township, Centre County. Permit expires on May 20, 2007. Blasting activity permit issued February 15, 2007.
17-04-05. Bell Resources, (1340 Hoxt. Road, Curwensville, PA 16866). Blasting activity permit issued for GFCC permit No. 17-04-05 located in Pike Township, Clearfield County. Blasting activity permit end date is December 31, 2008. Permit issued: February 8, 2007.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
36074111. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543). Construction blasting for CNH America, LLC in Warwick Township, Lancaster County with an expiration date of June 30, 2007. Permit issued: February 12, 2007.
36074112. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543). Construction blasting for Lititz Area Mennonite School in Earl Township, Lancaster County with an expiration date of December 30, 2007. Permit issued: February 12, 2007.
36074113. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344). Construction blasting for Bent Creek in Manheim Township, Lancaster County with an expiration date of February 8, 2008. Permit issued: February 15, 2007.
36074114. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543). Construction blasting for a single dwelling in Paradise Township, Lancaster County with an expiration date of April 30, 2007. Permit issued: February 15, 2007.
36074115. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344). Construction blasting for Millcreek in West Lampeter Township, Lancaster County with an expiration date of February 15, 2008. Permit issued: February 15, 2007.
36074116. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344). Construction blasting for The Lakes at Donegal Springs in Mt. Joy Borough, Lancaster County with an expiration date of February 15, 2008. Permit issued: February 15, 2007.
38074102. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344). Construction blasting for utility work on Wilhelm Avenue in South Lebanon Township, Lebanon County with an expiration date of February 9, 2008. Permit issued: February 15, 2007.
39074104. Hayduk Enterprises, Inc., (257 Riverside Drive, Factoryville, PA 18419). Construction blasting for Emergency Center Allentown in Hanover Township, Lehigh County with an expiration date of December 31, 2007. Permit issued: February 15, 2007.
39074105. Brubacher Excavating, Inc., (P. O. Box 528, Bowmansville, PA 17507). Construction blasting for Boulder West in Upper Macungie Township, Lehigh County with an expiration date of December 31, 2007. Permit issued: February 15, 2007.
45074108. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431). Construction blasting for Section 1 Winona Lakes in Middle Smithfield Township, Monroe County with an expiration date of February 13, 2008. Permit issued: February 15, 2007.
48074102. Warren's Excavating & Drilling, Inc., (P. O. Box 1022, Honey Brook, PA 19344). Construction blasting for Willow Green in Allen Township, Northampton County with an expiration date of February 9, 2008. Permit issued: February 15, 2007.
FEDERAL WATER POLLUTION
CONTROL ACT SECTION 401The 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 Northeast Regional Office, Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E35-395. Pennsylvania Department of Transportation, Engineering District 4-0, 55 Keystone Industrial Park, Dunmore, PA 18512. Newton Township, Lackawanna County, United States Army Corps of Engineers, Baltimore District.
To remove the existing structure and to construct and maintain a road crossing of Falls Creek (CWF) consisting of a 15-foot by 6-foot concrete box culvert with fish baffles, depressed 1-foot below streambed elevation; and to construct and maintain a temporary road crossing of Falls Creek consisting of two, 42-inch diameter HDPE pipes; and place fill within a deminimis area of wetlands equal to 0.02 acre of wetlands and to temporary impact 0.04 acre of wetlands. The project is located on SR 0307 (Winola Road) immediately west of its intersection with Gravel Pond Road (Ransom, PA Quadrangle N: 20.0 inches; W: 17.0 inches).
E58-270. Robert Baehler, P. O. Box 212, Harford, PA 18823. Silver Lake Township, Susquehanna County, United States Army Corps of Engineers, Baltimore District.
To authorize fill that was previously placed in 0.2 acre of PEM, FO wetlands for the purpose of creating buildable area for the construction of a driveway, house and garage. The permittee is required to provide for 0.4 acre of replacement wetlands by participating in the Pennsylvania Wetland Replacement Project. The project is located on the southeastern side of Lake Sophia, just north of the intersection of SR 4002 (Murphy Corners Road) and Sophia Lake Road (Laurel Lake, PA Quadrangle N: 17.4 inches; W: 13.5 inches). (Subbasin: 4E)
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1356. Municipal Authority of the Township of Robinson, P. O. Box 15539, Pittsburgh, PA 15244-0539. To replace a box culvert and fill wetlands in Robinson Township, Allegheny County, Pittsburgh ACOE District. (Pittsburgh West, PA Quadrangle N: 15.40 inches; W: 15.90 inches and Latitude: 40° 27` 31"--Longitude: 80° 06` 49"). Amended to place and maintain fill in an additional 0.008 acre of wetlands to temporarily impact and restore 0.0629 acre of wetlands and to construct and maintain 0.0058 acre of replacement wetlands in and along the left bank of Moon Run for the purpose of upgrading the existing Moon Run STP facility.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E61-276, Ryan C. Moncheck, 206 Morewood Road, Glenshaw, PA 15116-2047. Yost Drive River Access, in Scrubgrass Township, Venango County, ACOE Pittsburgh District (Eau Claire, PA Quadrangle N: 20.7 inches; W: 4.6 inches).
The applicant proposes to construct and maintain a private boat access involving the removal approximately 306 cubic feet (17-foot long by 6-foot wide by 3-foot deep) of sediment from the Allegheny River within the Federal Scenic River Corridor approximately 2.1 miles NE of the intersection of SR 208 and SR 3007. The Allegheny River is a perennial stream classified as a WWF. The project proposes to directly impact approximately 100 square feet of stream.
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITS
The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 504, 1101--1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Waste Management, Director, P. O. Box 8763, Harrisburg, PA 17105-8763.
SSIP
Permit No.Applicant Name &
AddressCounty Municipality Tank Type Tank Capacity 07-10-005 PPC Lubricants, Inc.
305 Micro Drive
Jonestown, PA 17038
Attn: David H. KlingerButler Butler and Summit Townships 88 ASTs storing petroleum products 971,000 gallons total 07-61-006 Heath Oil, Inc.
P. O. Box 1128
Oil City, PA 16301
Attn: Richard H. FisherVenango Barkeyville Borough 1 AST storing diesel fuel 320,250 gallons
SPECIAL NOTICES
Individual CAFO NPDES Permit Southcentral Regional Office: Regional Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707.
Application No. PA 0260177, David E. Gemmill (Belview Valley Farms), 458 Gemmill Road, Delta, PA 17314.
David E. Gemmill has submitted an application for an NPDES permit for a proposed concentrated animal feeding operation (CAFO) known as Belview Valley Farms, located at 458 Gemmill Road, Peach Bottom, PA 17563 in Peach Bottom Township, York County. The CAFO will be situated near a UNT of Neil Run, which is classified as a TSF. The CAFO will be designed to maintain an animal population of approximately 525 animal equivalent units (AEUs) consisting of 4,400 finishing swine and 8 beef cows.
The Department has scheduled a public hearing to receive testimony and comments on the proposed CAFO NPDES permit. The hearing will be held on Thursday, April 5, 2007, beginning at 7 p.m. at the Peach Bottom Township Recreation Center, 5 Pendyrus Street, Delta, PA 17314.
Persons intending to testify at the hearing should register by 4 p.m. Monday, April 2, by calling Vicki Welte at (717) 705-4729. If no person registers to present oral comments by this deadline, the hearing will not be held. Anyone who cannot attend the hearing may submit written testimony. Written comments should be sent to Sean Furjanic, Watershed Management Program, Department Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110-8200.
Each individual will have up to 10 minutes for his/her presentation. To ensure that all speakers have a fair and equal opportunity to present their testimony, relinquishing of time will be prohibited. Further details relating to the procedures to be followed at the hearing will be outlined at the beginning of the proceedings.
The permit application and proposed draft permit are on file at the Southcentral Regional Office in Harrisburg. An appointment to review the files may be scheduled by calling Jennifer Troutman at (717) 705-4732 between the hours of 8 a.m. and 4 p.m., Monday through Friday.
All comments received will be considered in formulating the Department's final determination regarding the application. All comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of the basis of the comment and the relevant facts upon which it is based.
Following the 30-day comment period, the Watershed Management Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time the determination may be appealed to the Environmental Hearing Board.
Categorical Exclusion Northeast Region: Water Management Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Project Information:
Project Applicant Project Applicant's Address Project Location (Municipality) Project Location
(County)Scranton Sewer Authority 307 North Washington Avenue
Scranton, PA 18503Scranton City Lackawanna
Description: The Pennsylvania Infrastructure Investment Authority, which administers the Commonwealth's State Revolving Fund, is intended to be the funding source for this project. Scranton Sewer Authority proposes to construct improvements at its existing wastewater treatment facility. The Department's review of the project and the information received has not identified any significant, adverse environmental impact resulting from this project. The Department hereby categorically excludes this project from the State Environmental Review Process.
Request for Comment and Notice of Public Meeting For the Proposed Total Maximum Daily Load (TMDL) for the Reeds Run 43950 Watershed Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
The Department of Environmental Protection is holding a public meeting on Wednesday, March 7 beginning at 1 p.m. in the Cambria District Mining Office, 286 Industrial Park Road, in Ebensburg, PA to discuss and accept comments on the proposed TMDL as referenced previously, which was established in accordance with the requirements of Section 303(d) of The Clean Water Act. Reeds Run 43950 Watershed has been identified as impaired on 1996, 1998 and 2004 lists due to metals. The 1996 listed segment and miles degraded are shown in the following table:
Stream
CodeStream Name Year Listed Miles Degraded 43950 Reeds Run 43950 Watershed 1996 3.42 The primary pollutant source for the watersheds is abandoned mine workings. The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Jeff Miller at (814) 472-1900 between 8 a.m. and 4 p.m., Monday through Friday at Cambria Office, Department, 286 Industrial Park Road, Ebensburg, PA 15931 or email at jeffreymil@state.pa.us. Directions to the meeting place can be received through this contact. The TMDL can be viewed and printed by accessing the Department's web site at www.dep.state.pa.us (PA Keyword: TMDL).
Written comments will be accepted at the previous address and must be post-marked by March 26. The Department will consider all comments in developing the final TMDL, which will be submitted to the Environmental Protection Agency for approval.
Public Notice of Proposed Settlement--Delaware River Ash Spill Between the Pennsylvania Department of Environmental Protection, PPL Generation, LLC and PPL Martins Creek, LLC Lower Mount Bethel Township, Northampton County Under section 616 of the Solid Waste Management Act (35 P. S. § 6018.616) and section 1113 of the Pennsylvania Hazardous Sites Cleanup Act (35 P. S. § 6020.1113)), the Department of Environmental Protection (Department) hereby publishes Notice of a Proposed Settlement with PPL Generation, LLC and PPL Martins Creek, LLC (''Settlors'') concerning ongoing corrective action, civil penalty liability and cost recovery associated with the ash spill from Ash Basin No. 4 at the PPL Martins Creek Steam Electric Station that began on August 23, 2005.
PPL Martins Creek owns and operates the Martins Creek Seam Electric Station located in Lower Mount Bethel Township, Northampton County, PA (''Facility''). The Facility is an electric generating station, or power plant, located in rolling rural farm country in eastern Pennsylvania approximately 15 miles north of the city of Easton. Warren County, New Jersey is just across the Delaware River to the east of the Facility.
PPL Martins Creek, LLC generates power at the Facility from different units, including two coal fired units (''Units 1 and 2''). As a result of the combustion of coal in Units 1 and 2, the Settlors generate both bottom ash and fly ash. Ash generated from coal combustion is pumped to a lagoon, or impoundment, known as Ash Basin No. 4, for disposal.
Ash Basin No. 4 is approximately 40 acres in size and was constructed by PPL in or around 1989. PPL is permitted by the Department to dispose of fly ash, as well as other types of waste from the Facility, including bottom ash, sediment from the Facility's Industrial Waste Treatment Basin and iron sludge from boiler cleaning activities in Ash Basin No. 4. Ash Basin No. 4 is equipped with a discharge structure at one end that controls the flow of material from the Ash Basin and prevents the discharge of fly ash to the Delaware River.
On August 23, 2005, a stop log in the discharge structure failed and a large amount of ash was discharged to surrounding fields, the Oughoughton Creek and the Delaware River. The Settlors estimated that approximately 100,000,000 gallons of material was discharged from Ash Basin No. 4.
A major cleanup operation was instituted by PPL Martins Creek which ended on March 11, 2006. The Department has played an active role in the work done to repair the discharge structure, clean up the spill and assess damage from the spill. On November 18, 2005, the Department filed a lawsuit against the Settlors in the Commonwealth Court of Pennsylvania. It has now calculated a civil penalty and its costs and determined generally what additional tasks the Settlors need to perform to address the spill. Discussions were held with the Settlors regarding these issues and an agreement in principle has been reached.
The agreement in principle calls for the following:
1. Payment of a Civil Penalty of $1,500,000 within 30 days of the date of entry a Consent Decree by Commonwealth Court. Payment of the Civil Penalty will address penalty liability and reimburse the Department for costs attributable to its work on the response to the ash discharge. $1,000,000 is to be paid to the Commonwealth of Pennsylvania Clean Water Fund, $475,000 to the Commonwealth of Pennsylvania Solid Waste Abatement Fund and $25,000 to the Commonwealth of Pennsylvania Dam Safety and Encroachments Fund.
2. Ongoing implementation of the Phase IV Work Plan and submission of the Phase IV Work Plan report to the Department on or before May 18, 2007, provided, however, if comments on the draft Phase IV report are not received from the Academy of Natural Sciences on or before April 18, 2007 and PPL has submitted the draft report to the Academy on or before March 16, 2007, then PPL will receive an extension of time to submit the Phase IV report equal to the number of business days beyond April 18, 2007 that the Academy's comments are received.
3. Continued removal of any remaining fly ash from the Delaware River, the surface of the ground or the Oughoughton Creek should any remaining deposits be located and should the Department determine that such removal is necessary. Records are to be kept of any such removal and they must specify the amount of material removed, date and location of collection and removal, name of the contractor or entity performing the removal and disposal receipts or records evidencing proper disposal of the material. Any necessary permits shall be obtained prior to commencing cleanup.
4. Dismissal of the Department's lawsuit without prejudice to the Department to bring a claim for Natural Resource Damages should that be necessary once Phase IV of the cleanup has been completed and the Phase IV report has been submitted and reviewed by the Department.
The proposed previous settlement would resolve the allegations set forth in the Department's Complaint filed in Commonwealth Court on November 18, 2005. As noted previously, the Department and the Settlors are proposing to incorporate these terms in a Consent Decree for submission to and approval by the Commonwealth Court.
Copies of the proposed Consent Decree are available for review at the following locations:
Dept. of Environmental Protection
Northeast Regional Office
2 Public Square
Wilkes-Barre, PA 18711-0790
(570) 826-2511Dept. of Environmental Protection
Bethlehem District Office
4530 Bath Pike
Bethlehem, PA 18017
(610) 861-2070Lower Mt. Bethel Township
P. O. Box 257
Martins Creek, PA 18063
(610) 252-507Harmony Township Municipal Building
3003 Belvidere Road
Phillipsburg, NJ 08865
(908) 213-1600Appointments to review the document should be made by calling the phone numbers at the respective locations.
The Department will receive and consider comments relating to the Proposed Settlement for 60 days from the date of this Public Notice and may propose changes or choose not to agree to the proposed settlement if the comments received disclose facts or considerations which indicate that the proposed settlement is inappropriate, improper, or not in the public interest. After the public comment period, the Department shall file a response to significant written comments received or indicate that no such comments were received.
Comments may be submitted in writing to Mark Carmon, Department of Environmental Protection, 2 Public Square, Wilkes-Barre, PA 18711. TDD users should contact the Department through the Pennsylvania Relay Services at (800) 645-5984.
Request for Comments For the Proposed Total Maximum Daily Load (TMDL) for the White Clay Creek Watershed The Pennsylvania Department of Environmental Protection (Department) is accepting comments on the proposed TMDL for White Clay Creek Watershed. In accordance with the requirements of section 303(d) of the Clean Water Act, stream segments in White Clay Creek watershed have been identified as impaired because excessive levels of pesticides (DDT). The proposed plan provides calculations of the stream's total capacity to absorb DDT without violating the chronic water quality criterion of 0.001 micrograms per liter. The maximum amount of DDT that can be safely absorbed by White Clay Creek under design conditions is 0.00000976 lbs/day.
The data and all supporting documentation used to develop the proposed TMDLs are available from the PADEP. The proposed TMDL and information on the TMDL program can be viewed on Department's website (www.dep.state.pa.us/watermanagement_apps/tmdl/). To request a copy of any of the TMDLs, contact Bill Brown, Department of Environmental Protection, Watershed Protection Division, 400 Market Street, P. O. Box 8555, Harrisburg, PA 17105, (717) 783-2951.
Written comments will be accepted at the previous address and must be postmarked no later than 30 days from the date of this bulletin notice. The Department will consider all comments in developing the final TMDL, which will be submitted to United States Environmental Protection Agency for approval.
[Pa.B. Doc. No. 07-358. Filed for public inspection March 2, 2007, 9:00 a.m.]
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