[38 Pa.B. 1969]
[Saturday, April 26, 2008]
[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.
Jill Rolli Building/Haly Oil Spill, Lower Merion Township, Montgomery County. Richard D. Trimpi, Trimpi Associates, Inc., 1635 Old Plains Road, Pennsburg, PA 18073, Jim Bernhardt, Haly Oil Company, 2413 Yellow Springs Road, Malvern, PA 19355 on behalf of Jim Rolli, 222 West Lancaster Avenue, Ardmore, PA 19426 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted with release of No. 2 fuel oil. The future use of the site is residential/commercial.
Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Proposed Turkey Hill Minit Market No. 289, Hazle Township, Luzerne County. Christopher Candela, ATC Associates, Inc., 920 Germantown Pike, Suite 200, Plymouth Meeting, PA 19462 has submitted a Notice of Intent to Remediate (on behalf of his client, Turkey Hill Minit Markets, 257 Centerville Road, Lancaster, PA 17603), concerning the remediation of groundwater found or suspected to have been impacted by lead and bis (2-ethylhexyl) phthalate. The applicant proposes to remediate the site to meet the Statewide Health Standard. Future use of the site will be nonresidential. 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.
Columbia Gas of Pennsylvania Service Center, Gettysburg Borough, Adams County. ENSR, 2 Technology Park Drive, Westford, MA 01866-3140, on behalf of NiSource Corporate Services Company, 300 Frieberg Parkway, Westborough, MA 01581-3900; and Gettysburg Borough, 59 East High Street, Gettysburg, PA 17325, submitted a Notice of Intent to Remediate concerning remediation of soils and groundwater on adjacent properties that may be contaminated with PAHs. The applicant seeks to remediate the site to a combination of the Statewide Health and Background Standards.
Ronald Crosson Residence, Bratton Township, Mifflin County. Trimpi Associates, Inc., 1635 Old Plains Road, Pennsburg, PA 18073, on behalf of Ronald Crosson, 674 Pine Glenn Road, Lewistown, PA 17044 and State Farm, P. O. Box 172, Concordville, PA 19331, submitted a Notice of Intent to Remediate site soils contaminated with No. 2 fuel oil. The applicant seeks to remediate the site to the Residential Statewide Health Standard. The site is and will remain a residence.
Warriors Mark Fuel Tanker Release, Warriors Mark Township, Huntingdon County. ATC Associates, 101 Allegheny Street, Hollidaysburg, PA 16643, on behalf of Sel-Lo Oil, R. D. 2, Box 629, Altoona, PA 16601, submitted a Notice of Intent to Remediate site soils contaminated with gasoline that was released in a truck accident. The applicant intends to remediate the site to the Statewide Health Standard, and the site will remain as a support embankment for the roadway.
Bellwood Ambulance Service Facility, Antis Township and Bellwood Borough, Blair County. ATC Associates, Inc., 101 Allegheny Street, Hollidaysburg, PA 16643, on behalf of Bellwood Ambulance Service, 601 North Third Street, Bellwood, PA 16617, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with gasoline. The site will continue to operate as a limited medical transportation facility.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Makdad Industrial Supply (Keystone Refrigeration), Sandy Township, Clearfield County, ATC Associates, Inc., 103 North Meadows Drive, Suite 215, Wexford, PA 15090 on behalf of Roger McCoy, 245 East Mountain Road, Port Matilda, PA 16870 has submitted a Notice of Intent to Remediate soil contaminated with lead and groundwater contaminated with benzene, ethylbenzene, naphthalene, 1,2,4-TMB and 1,3,5-TMB. The applicant proposes to remediate the site to meet the Site-Specific Standard. The intended future use of the property is nonresidential (commercial or industrial).
MECx--Red Rock Job Corp., Cherry Township, Sullivan County, Northridge Group, Inc., 1172 Ridge Road, Northumberland, PA 17857 on behalf of MECx, LLC, 1112 Presidential Drive, Quakertown, PA 18951 has submitted a Notice of Intent to Remediate soil contaminated with No. 2 heating oil. The applicant proposes to remediate the site to meet the Statewide Health Standard. The site will remain a right-of-way area.
DETERMINATION FOR APPLICABILITY FOR MUNICIPAL WASTE GENERAL PERMITS
Applications for Determination of Applicability for General Permit received. 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 Municipal Waste Regulations for a General Permit to Operate Municipal Waste Processing Facilities and/or the Beneficial Use of Municipal Waste.
Southwest Region: Regional Solid Waste Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
General Permit Application No. WMGM028SW004. Magellan LFG Monroeville, LLC, 5160 Parkstone Drive, Chantilly, VA 20151. Magellan LFG Monroeville, LLC, 602 Thomas Street Extension, Monroeville, PA 15146. Determination of Applicability application requesting coverage under existing Department of Environmental Protection's General Permit No. WMGM028 for conversion of landfill gas to high Btu pipeline quality natural gas at a municipal waste landfill in Monroeville Borough, Allegheny County, was received in the Regional Office on April 11, 2008.
General Permit Application No. WMGM028SW005. Magellan LFG Monroeville, LLC, 5160 Parkstone Drive, Chantilly, VA 20151. Magellan LFG Valley, LLC, 801 Raymaley Road, Harrison City, PA 15636. Determination of Applicability application requesting coverage under the existing Department of Environmental Protection's (Department) General Permit No.WMGM028 for conversion of landfill gas to high Btu pipeline quality natural gas at a municipal waste landfill in Shade Township, Somerset County, was received in the Regional Office on April 11, 2008.
Comments concerning the application should be directed to Carl Spadaro, Acting Facilities Manager, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. Persons interested in obtaining more information about the general permit application may contact the Department's Southwest Regional Office at (412) 442-4000. TDD users may contact the Department through the Pennsylvania Relay Service (800) 654-5984. Public comments must be submitted within 30 days of this notice and may recommend revisions to, and approval or denial of the application.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Application received 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.
Southwest Region: Regional Solid Waste Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000.
Permit ID No. 101571. Mostoller Landfill, Inc., 7095 Glades Pike, Somerset, PA 15501. Mostoller Landfill, 7095 Glades Pike, Somerset, PA 15501. Application for revision of grading plan in pads 6 and 7 of a municipal waste landfill in Somerset and Brothersvalley Townships, Somerset County was received in the Regional Office on April 9, 2008.
Northwest Region: Regional Solid Waste Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Permit Application No. 100361. Rustick, LLC, 19 Ness Lane, Kane, PA 16735, Sergeant Township, McKean County. The application is a major permit modification for tonnage increase and western expansion at the McKean County Landfill. The application was submitted to the Department of Environmental Protection (Department) on October 31, 2007 and was subject to the Local Municipality Involvement Process (LMIP). The LMIP took place on February 6, 2008. The Phase 1 portion of the application was found to be administratively complete by the Northwest Regional Office on March 18, 2008.
Comments concerning the application should be directed to Todd Carlson, Program Manager, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. Persons interested in obtaining more information about the general permit application may contact the Northwest Regional Office (814) 332-6848. TDD users may contact the Department through the Pennsylvania Relay Service (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of the application.
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.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2531.
58-302-008: Donald Dean & Sons, Inc. (P. O. Box 246, Montrose, PA 18801) for installation of a wood fired boiler at their facility in Bridgewater Township, Susquehanna County.
35-318-094: Gentex Optics, Inc. (P. O. Box 336, Carbondale, PA 18407) for installation of a new Regenerative Thermal Oxidizer to control emissions at their facility in Fell Township, Lackawanna County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
06-05066G: Exide Technologies (P. O. Box 14294, Reading, PA 19612-4294) for modification of the secondary lead smelter furnaces in Laureldale Borough/Muhlenberg Township, Berks County. The modification involves a request to change the permit limits on the water flow rate through the wetted scrubbers controlling the furnaces. The furnaces are subject to 40 CFR Part 60, Subpart L, Standards of Performance for New Stationary Sources and Part 63, Subpart X, National Emission Standards for HAPs.
22-03052C: HNI Corp. (325 Mountain Road, Halifax, PA 17032) for construction of three spray booths for stove parts coating operation in Jackson Township, Dauphin County.
67-05115A: Recycling Technologies International, LLC (76 Acco Drive, York, PA 17404) for installation of five dust collection systems for rubber particulate collection during rubber tire reclamation at their Acco Drive facility in York Township, York County.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
26-00573A: Johnson Matthey, Inc. (456 Devon Park Drive, Wayne, PA 19087) for installation of catalyst production facility in Smithfield Borough, Fayette County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
10-346B: Scrap Salvage and Surplus, Inc. (690A Glenwood Way, Butler, PA 16001) for installation of a baghouse to control PM emissions from torch cutting operations in Center Township, Butler County.
20-040E: Advanced Cast Products, Inc. (18700 Mill Street, Meadville, PA 16335) for construction of a new sand mold casting line in Vernon Township, Crawford County. This is a Title V facility.
25-124C: Mayer Brothers Construction Co. (1225 West 18th Street, Erie, PA 16502) for modification of an existing hot mix asphalt plant to burn No. 5 fuel oil as an alternate fuel in Erie City, Erie County.
25-179B: Erie Sewer Authority (68 Port Access Road, Erie, PA 16507-2202) for modification of the pressure drop range across the two scrubbers that control the incinerators in Erie City, Erie County. This is a Title V facility.
62-032C: Ellwood National Forge--Irvine Plant (One Front Street, Irvine, PA 16329) for installation of two new gas neutralizer emissions control devices on the existing four nitride furnaces in Brokenstraw Township, Warren 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.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
01-05029C: Reliant Energy Wholesale Generation, LLC (121 Champion Way, Canonsburg, PA 15317) for modifications to several conditions contained in plan approval No. 01-05029 which addresses the natural gas-fired 900 MW combined cycle electric generating facility at the Hunterstown Station in Straban Township, Adams County. The modifications to the existing plan approval include: deletion of the auxiliary boiler operating hour restriction, visible emission restriction during periods of startup and shutdown, a definition of warm startup and conditions to address combustion turbine run back and startup trip events. The facility is subject to the following: 40 CFR Part 60, Subpart GG--Standards of Performance for Stationary Gas Turbines; 40 CFR Part 60, Subpart Da--Standards of Performance for Electric Utility Steam Generating Units; and 40 CFR Part 60, Subpart Dc--Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units.
67-02004B: P. H. Glatfelter Co. (228 South Main Street, Spring Grove, PA 17362-0500) to receive comments on the proposed Reasonably Available Control Technology Plan and amendment to the State Implementation Plan (SIP) for the P. H. Glatfelter Co. in Spring Grove Borough, York County. The proposed SIP revision does not adopt any new regulations. It incorporates the requirements that include emission limitations for the significant VOC sources at the plant. The Department of Environmental Protection will hold one public hearing on Wednesday, May 28, 2008, at the Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110, from 9 a.m. until all scheduled comments are received. Persons wishing to present testimony should contact Brian Wetzel, Southcentral Regional Office at (717) 705-4882. Written comments may be submitted to the Southcentral Regional Office until June 11, 2008.
67-05004N: P. H. Glatfelter Co. (228 South Main Street, Spring Grove, PA 17362-0500) for replacement of two Head Air Foils with pressure type air bars on their facility's Blade Coater in Spring Grove Borough, York County. VOC emissions are expected to increase by 1.27 tpy. The plan approval will include monitoring, recordkeeping, reporting and work practice standards designed to keep the facility operating within all applicable air quality requirements.
67-05115A: Recycling Technologies International, LLC (76 Acco Drive, York, PA 17404) for construction of a new processing facility to recycle rubber tires controlled by five dust collection systems for rubber particulate collection during rubber tire reclamation in York Township, York County. The facility's potential annual emissions for PM are estimated to be 43.2 tpy. The plan approval will contain monitoring, testing, recordkeeping, reporting and work practice conditions to ensure the facility complies with the applicable air quality requirements.
Public Hearings Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
67-02004B: P. H. Glatfelter Co. (228 South Main Street, Spring Grove, PA 17362-0500) to receive comments on the proposed Reasonably Available Control Technology Plan and amendment to the State Implementation Plan (SIP) for the P. H. Glatfelter Co. in Spring Grove Borough, York County. The proposed SIP revision does not adopt any new regulations. It incorporates the requirements that include emission limitations for the significant VOC sources at the plant. The Department of Environmental Protection will hold one public hearing on Wednesday, May 28, 2008, at the Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110, from 9 a.m. until all scheduled comments are received. Persons wishing to present testimony should contact Brian Wetzel, Southcentral Regional Office at (717) 705-4882. Written comments may be submitted to the Southcentral Regional Office until June 11, 2008.
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, Janine Tulloch-Reid, Facilities Permitting Chief, (484) 250-5920.
23-00046: Container Research Corp. (Hollow Hill Road, Glen Riddle, PA 19037) for operation of one boiler unit and two paint spray booths in Aston Township, Delaware County. The main emissions from this facility are VOCs. This action is a renewal of the original State-only Operating Permit (Synthetic Minor), which was issued in September, 2002. The renewal contains conditions including monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
55-00017: Modular Structures of PA, Inc. (P. O. Box 407, Selinsgrove, PA 17870) for the operation of a modular home manufacturing facility in Monroe Township, Snyder County.
The facility incorporates various modular home manufacturing operations, including a framing operation, a plumbing operation, an interior finishing operation and an exterior finishing operation, as well as two spray booths, a 1.76 mmBtu/hr propane-fired heater, a .45 mmBtu/hr wood-fired heater and 13 small natural gas-fired space heaters (with a total combined heat input of 1.675 mmBtu/hr). The PM emissions from the spray booths are controlled by spray booth filters.
The facility has the potential to emit up to 25 tons of VOCs, 5.17 tons of VHAPs, 2.41 tons of NOx, 1.95 tons of CO, .71 ton of PM/PM10 and .05 ton of SOx per year.
The Department of Environmental Protection (Department) proposes to incorporate into the operating permit to be issued conditions requiring compliance with all applicable regulatory requirements pertaining to air contamination sources and the emission of air contaminants as well as conditions previously contained in Operating Permits 55-399-004 and 55-399-004A.
The conditions previously contained in Operating Permit 55-399-004 include:
1. Conditions limiting the VOC emissions from the facility to no more than 25 tpy and requiring the maintenance of records of the identity, quantity and VOC content of the VOC-containing materials used in the facility.
The conditions previously contained in Operating Permit 55-399-004A include:
2. A condition limiting the VOC emissions from the facility's two spray booths to no more than 6.0 tpy.
3. A condition limiting the VOC content of all stains applied in the spray booths to no greater than 6.8 pounds per gallon.
4. A condition requiring all stains applied in the two spray booths to be applied by brush, roller or wiping cloth and all other coating or finishing materials to be applied with a high volume low pressure spray system.
5. A condition prohibiting the use in the spray booths of any materials containing methylene chloride, 1,1,1-trichloroethane or greater than .5% formaldehyde, by weight.
6. A condition prohibiting the application of coating or finishing materials in a spray booth which is not equipped with a full set of spray booth filters.
7. Conditions requiring all solvents used for spray line cleaning to be flushed into a closed container, requiring all containers of cleanup solvent to be closed except when in actual use and prohibiting the disposal of waste cleanup solvents by means of evaporation.
8. A condition requiring the maintenance, and periodic reporting, of records of the identity, quantity and VOC content of all voc-containing materials used in the spray booths.
The Department additionally proposes to incorporate the following new condition into the operating permit to be issued:
9. A condition requiring the semi-annual submission of reports of the identity, quantity and VOC content of all VOC-containing materials used in the facility each month.
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 pH1 greater than 6.0; less than 9.0 Alkalinity greater than acidity1 1The 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 30831303 and NPDES Permit No. PA0013511, Cumberland Coal Resources, LP, (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to renew the permit for the Cumberland Mine in Whiteley, Center, Franklin, Greene, Perry and Wayne Townships, Greene County and related NPDES permit. No additional discharges. Application received October 9, 2007.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
56070103. PBS Coals, Inc., 1576 Stoystown Road, P. O. Box 260, Friedens, PA 15541, revision of an existing bituminous surface mine to add augering and coal refuse removal and to add 5.8 acres to the existing permit. Total SMP acres goes from 338.3 to 344.1, in Stonycreek Township, Somerset County. Receiving streams: Schrock Run and UNTs to Schrock Run classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received March 26, 2008.
11930102 and NPDES No. PA02129393. E. P. Bender Coal Company, Inc., P. O. Box 594, Carrolltown, PA 15722, permit renewal for the continued operation and restoration of a bituminous surface auger and beneficial use of fly ash mine in Dean Township, Cambria County, affecting 275.8 acres. Receiving streams: Little Laurel Run, UNT to Clearfield Creek and Clearfield Creek classified for the following uses: CWF and WWF. There are no potable water supply intakes within 10 miles downstream. Application received March 21, 2008.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
16920107 and NPDES Permit No. PA0211435. RFI Energy, Inc. (P. O. Box 162, Sligo, PA 16255). Renewal of an existing bituminous surface strip, tipple refuse disposal and beneficial use of coal ash operation in Perry Township, Clarion County affecting 274.0 acres. Receiving streams: UNTs to Cherry Run, classified for the following use: CWF. There are no potable surface water supply intakes 10 miles downstream. Application for reclamation only. Application received April 4, 2008.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
17080104 and NPDES No. PA0256757. P & N Coal Company, Inc. (P. O. Box 332, Punxsutawney, PA 15767). Commencement, operation and restoration of a bituminous coal surface mine, including auger and mining, in Ferguson Township, Clearfield County, affecting 234.0 acres. Receiving stream: Snyder Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. The application includes a stream encroachment to mine through and restore UNTs to Snyder Run and conduct mining activities within 100 feet of Snyder Run. Application received March 11, 2008.
17990111 and NPDES No. PA0238341. Larry D. Baumgardner Coal Company, Inc. (P. O. Box 186, Lanse, PA 16849), revision of an existing bituminous surface mine for an Insignificant Permit Boundary Correction in Decatur Township, Clearfield County, affecting 109.2 acres. Receiving streams: Laurel Run to Moshannon Creek to West Branch Susquehanna River, classified for the following uses: CWF, WWF. There are no potable water supply intakes within 10 miles downstream. Application received March 26 2008.
17040105 and NPDES No. PA0243795. R. B. Contracting (160 R. B. Contracting Lane, Curwensville, PA 16833), transfer of an existing bituminous surface mine from W. Ruskin Dressler (P. O. Box 39, Rockton, PA 15856), located in Brady Township, Clearfield County, affecting 63.9 acres. Receiving stream: East Branch Mahoning Creek, classified for the following use: HQ. There are no potable water supply intakes within 10 miles downstream. Application received March 28, 2008.
17050109 and NPDES No. PA0256293. Forcey Coal, Inc. (P. O. Box 225, Madera, PA 16661), revision of an existing bituminous surface mine to increase the mining area to 77.9 acres in Bloom Township, Clearfield County, affecting 116.0 acres. Receiving streams: UNT to Little Anderson Creek and UNT to Bell Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received March 28, 2008.
Noncoal Applications Returned
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
53070802. Jeremy Tucker (102 Card Creek Road, Roulette, PA 16746). Commencement, operation and restoration of a bluestone operation in Roulette Township, Potter County, affecting 5.0 acres. Receiving streams: Laninger Creek, tributary to Allegheny River. Application received July 13, 2007. Application returned March 19, 2008.
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 acidity* pH* greater than 6.0; less than 9.0
* 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.
25010302. A.C.A. Sand & Gravel, LLC (P. O. Box 16, Corry, PA 16407). Revision to an existing sand and gravel operation in Concord Township, Erie County affecting 124.6 acres. Receiving stream: None. There are no potable surface water supply intakes within 10 miles downstream. Revisions to include an increase in permit acre from 121 to 124.6 acres and a premining land use of cropland and forestland to a postmining land use of unmanaged water impoundment and the fringe areas surrounding the lake to be considered unmanaged natural habitat. Application received April 7, 2008.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
45880301C2 and NPDES Permit No. PA0594113. Tarheel Quarry, Inc. (2000 Highway 35, Morgan, NJ 08879), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Tobyhanna Township, Monroe County, receiving stream: UNT to Lehigh River, classified for the following use: HQ-CWF. Application received April 8, 2008.
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 Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.
E46-1025. Weis Markets Inc., 1000 South 2nd Street, P. O. Box 471, Sunbury, PA 17801, Douglass Township, Montgomery County, ACOE Philadelphia District.
To construct and maintain a super market which will include the realignment of a water course segment of an UNT to Swamp Creek (TSF) by:
1. Filling 30 feet of the UNT and relocating 40 feet of the UNT.
2. Stabilizing and regarding 160 feet of the UNT to Swamp Creek.
This project is located approximately 250 feet southeast of the intersection of Route 100d and SR 63 (Sassamansville, PA USGS Quadrangle N: 14.2 inches; W: 0.2 inch) in Douglas Township, Montgomery County.
Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E54-333. Steven Macbeth, 108 Berger Lane, Hamburg, PA 19526, in Port Clinton Borough, Schuylkill County, United States Army Corps of Engineers, Philadelphia District.
To construct and to maintain a steel foot bridge having a span of 29 feet and an underclearance of 7.5 feet across Rattling Run Creek (CWF). The project is located 0.2 mile west and 0.6 mile south of the intersection of SR 0061 and Clinton Street (Auburn, PA Quadrangle N: 14.78 inches; W: 3.43 inches).
E40-687. Randall and Robin Mark, 251 Machell Avenue, Dallas, PA 18612, in Harveys Lake Borough, Luzerne County, United States Army Corps of Engineers, Baltimore District.
To construct and maintain a 430 sq. ft. addition to an existing 1,000 sq. ft. boat dock including a 476 sq. ft. boathouse on the existing dock in Harveys Lake (HQ-CWF). The project is located 2.0 mile west and 0.9 mile north of the intersection of SR 0118 and SR 0415 (Harveys Lake, PA Quadrangle N: 19.25 inches; W: 4.50 inches).
E35-417. Department of Transportation, Engineering District 4-0, 55 Keystone Industrial Park, Dunmore, PA 18512, in Roaring Brook Township, Lackawanna County, United States Army Corps of Engineers Baltimore District.
To construct and maintain a 275 foot long 42 inch diameter corrugated stream enclosure in a tributary to Roaring Brook (CWF). The project is located at SR 0084, Segment 0024, Offset 1911 (Olyphant, PA Quadrangle N: 1.9 inches; W: 11.1 inches).
Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.
E01-281: R & J Builders, Inc., Gary Jackson, 50 Citizens Way, Suite 200, Frederick, MD 21701, Cumberland Township, Adams County, ACOE Baltimore District.
To fill in 0.06 acre of a de minimis wetland in order to construct a home located along the north side of Fairfield and Fairplay Roads (Fairfield, PA Quadrangle N: 13.5 inches; W: 2.75 inches, Latitude: 39° 49` 28"; Longitude: 77° 16` 11") in Cumberland Township, Adams County.
E06-635: Westrum Land Development, Joe Benyo, 370 Commerce Drive, Suite 100, Fort Washington, PA 19034-2619, Ruscombmanor Township, Berks County, ACOE Philadelphia District
To construct and maintain an 18.0-inch diameter RCP outfall structure impacting 0.003 acre of wetlands. Also to remove dual 64.0 foot long, 24.0-inch diameter RCP stormwater culverts and to install and maintain a 24.3 foot long, 36.0-inch RCP pipe, impacting 0.005 acre of wetlands, and to remove a 44.0-foot long, 18.0-inch, RCP, and to replace it with a 62.1 foot long, 15.0-inch RCP, impacting 0.021 acre of wetlands, both for the purpose of conveying stormwater across Erhardt Lane. In addition, the existing Erhardt Lane will be widened, impacting an area of 0.008 acre of wetlands, and another area of 0.011 acre of wetlands. The proposed project will impact a total of 0.048 acre of PFO EV wetlands associated with an UNT to Furnace Creek (CWF) for the purpose of constructing an age-qualified, active adult residential community located off of SR 662 (Fleetwood, PA Quadrangle N: 8.00 inch; W: 9.75 inches, Latitude: 40° 25` 03" N; Longitude: 79° 49` 12" W) in Ruscombmanor Township, Berks County.
E36-837: Mitch Newman, D. R. Horton Inc., 700 East Gate Drive, Suite 110, Mt. Laurel, NJ 08054-3810, East Hempfield Township, Lancaster County, ACOE Baltimore District.
To construct and maintain a 36.0-foot wide three span bridge having a normal span of 36.0 feet, and an underclearance of 8.0 feet, and two 6.0-foot wide pedestrian ford crossings, each having a length of 36.0 feet, all impacting Millers Run (CWF) for the purpose of constructing a residential subdivision near the intersection of SR 741 and McGovernville Road (Lancaster, PA Quadrangle N: 12.7 inches; W: 16.0 inches, Latitude 40° 04` 10"; Longitude 76° 31` 50") in East Hempfield Township, Lancaster County.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E65-922. Blue Mountain Homes LMB, Inc., P. O. Box 488, Greensburg, PA 15601. To restore a previously relocated tributary to Jack's Run (WWF) in Hempfield Township, Westmoreland County, Pittsburgh ACOE District (Greensburg, PA Quadrangle N: 12.7 inches; W: 4.60 inches, Latitude 40° 19` 11"; Longitude 79° 31` 59"). The applicant proposes to restore in a different location approximately 50` of a previously relocated tributary to Jack's Run (WWF). The project is located approximately 25` north of Caddy Drive and 390` west of Essex Drive.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E25-719, Gary T. Brotherson, 1801 West 8th Street, Erie, PA 16505. Groin structures, concrete ramps, sea wall, fill material and floodway activity, in Millcreek Township, Erie County. ACOE Pittsburgh District (Swanville, PA Quadrangle N 42° 6` 17.8"; W 80° 10` 2.3").
The applicant proposes to construct and maintain seven low-profile groin structures, at elevation below (lakeward of) the Ordinary High Water Mark (OHWM), on the following properties: Gary T. Brotherson properties (Tax ID Numbers 33-6-19-117, identified as the location of Proposed Groin 1; Tax ID 33-6-19-116, designated as Lot 4, identified as the location of Proposed Groin 2; Tax ID 33-6-19-110, designated as Lot 9, identified as the location of Proposed Groin 3; Tax ID 33-6-19-107, designated as Lot 13, identified as the location of Proposed Groin 4; Tax ID 33-6-19-114, designated as Lot 20, identified as the location of Proposed Groin 5), located at the Forest Park Beach Subdivision in Millcreek Township; Janet Haggerty property (Tax ID Number 33-6-19-97.01, designated as Lot 23, identified as the location of Proposed Groin 6), located at the Forest Park Beach Subdivision in Millcreek Township; and, John Gerbracht property (Tax ID Number 33-6-19 designated as Lot 27, identified as the location of Proposed Groin 7), located at the Forest Park Beach Subdivision in Millcreek Township. The groins would be constructed of 2 foot by 2 foot by 6 foot (2` by 2` by 6`) concrete blocks, pinned to the shale bedrock.
In addition, the applicant proposes to construct and place eight concrete ramps, 12 feet by 18 feet (12` by 18`) each, on the east and west sides of the landward ends of Proposed Groins 1--4, located partially or entirely lakeward of the OHWM. Ramps are proposed to be constructed on properties owned by Gary T. Brotherson (Tax ID Numbers 33-7-19-144.19 and 33-6-19-117 for ramps associated with Proposed Groin 1; Lot 3--5, for ramps associated with Proposed Groin 2; Lot 8 and Lot 9, for ramps associated with Proposed Groin 3; and, Lot 12 and 13, for ramps associated with Proposed Groin 4).
The applicant further proposes the construction and placement of a concrete seawall, the portion of which is located lakeward of the OHWM, to be attached to the landward end of Proposed Groins 1--4, and the 12` by 18` concrete ramps. The portion of this seawall located lakeward of the OHWM, would extend a lateral distance along the Lake Erie shoreline of 205 feet, from an area near Proposed Groin 2 on the east side, westerly past Proposed Groin 3, and terminate at a location west of Proposed Groin 4. A proposed concrete stairway is also located on the Proposed Groin 4/seawall/ramp interface. The portion of the seawall located lakeward of the OHWM will intersect with property owned by Gary T. Brotherson (Lot 5) on the east, westward onto property owned by Angelo Arduini (Tax ID Number 33-6-19-113, designated as Lot 6 and Lot 7) and then further west across properties owned by Gary T. Brotherson (Lot 8--13).
The applicant also proposes to construct a portion of three foundation structures, lakeward of the OHWM, on Lots designated as Lot 8--13. This construction will include the placement of 2,250 square feet of fill in this area, which is approximately 830 cubic yards of clean fill, landward of the proposed seawall, but lakeward of the OHWM, for a lateral distance along the Lake Erie shoreline of 205 feet.
Proposed Groin 1 would extend into Lake Erie a distance not to exceed 45 feet from the OHWM, to the Ordinary Low Water Mark (OLWM), but not lakeward of that elevation. A portion of the west ramp at Proposed Groin 1 would also be located lakeward of the OHWM a distance of 2 feet. Proposed Groin 2 would extend into Lake Erie a distance not to exceed 37 feet from the OHWM, to the OLWM, but not lakeward of that elevation. A portion of the east and west ramps at Proposed Groin 2 would also be located lakeward of the OHWM a distance of 4 feet and 12 feet, respectively. Proposed Groin 3 would extend 55 feet from the OHWM, to the OLWM, but not lakeward of that elevation. Both east and west ramps at Proposed Groin 3 would be located lakeward of the OHWM. Proposed Groin 4 would extend 64 feet from the OHWM, to the OLWM, but not lakeward of that elevation. Both east and west ramps would be located lakeward of the OHWM. The total area of disturbance in this area, between Proposed Groin 1 to Proposed Groin 4, lakeward of the OHWM, including the placement of groins, ramps, steps, fill, and foundations, would be 4,970 square feet.
Proposed Groin 5 would extend lakeward 57 feet from the OHWM, to an elevation landward of the OLWM. Proposed Groin 6 would extend lakeward 32 feet from the OHWM, to an elevation landward of the OLWM. Proposed Groin 7 would extend lakeward 14 feet, 6 inches from the OHWM, to an elevation landward of the OLWM. The total area of disturbance in this area, between Proposed Groin 5 to Proposed Groin 7, would be 770 square feet. All groins are proposed to be no higher than 18 inches above the Lake Erie nearshore bottom profile.
The project also involves to remove the existing bridge, and to construct and maintain a bridge over Marshall Run with a clear span of 20 feet and an underclearance of approximately 5.8 feet and to construct and maintain a retaining wall with fill with the floodway of Marshall Run, and to construct and maintain utility line crossings of Marshall Run. Marshall Run is a perennial stream classified as a CWF and MF.
ENVIRONMENTAL ASSESSMENT Cambria District: Environmental Program Manager, 286 Industrial Park Road, Ebensburg, PA 15931-4119.
EA0409-002. Department of Environmental Protection, Bureau of Abandoned Mine Reclamation, Cambria Office, 286 Industrial Park Road, Ebensburg, PA 15931. Abandoned Mine Land Reclamation Project, in South Beaver Township, Beaver County, Pittsburgh ACOE District.
The applicant proposes to backfill an abandoned surface mine, which includes a total of 2,600 linear feet of dangerous highwall. The project will include the backfilling of 0.274 acre of PEM wetland and 1.70 acres of open water that have developed within the open surface mine pit. Proposed mitigation includes 0.444 acre of wetland and 0.500 acre of open water (New Galilee Quadrangle N: 1.5 inches; W: 16.0 inches).
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