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PA Bulletin, Doc. No. 08-1262b

[38 Pa.B. 3670]
[Saturday, July 5, 2008]

[Continued from previous Web Page]

   PA-32-00393A:  Prime Metals & Alloys, Inc. (P. O. Box 194, Lucernemines, PA 15764) to allow construction and operation of a specialty steel plant in Center Township, Indiana County.

   Under 25 Pa. Code § 127.44(a), the Department of Environmental Protection (Department) intends to issue a Plan Approval to Prime Metals & Alloys, Inc. (P. O. Box 194, Lucernemines, PA 15764) to allow the construction and operation of a specialty steel plant located in Center Township, Indiana County. The facility will produce up to 55,000 tons of metal ingots annually, and have the potential to emit 23.63 tons of PM, 9.35 tons CO, 5.21 tons NOx, 0.03 ton VOC and negligible quantity of HAP on an annual basis.

   Copies of the application, the Department's analysis and other documents used in evaluation of the application are available for public inspection during normal business hours at the address that follows.

Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15222

   For the Department to assure compliance with all applicable standards, the Department proposes to place the following Conditions on the Plan Approval:

General Conditions:

   1.  Words and terms that are not otherwise defined in this plan approval shall have the meanings set forth in section 3 of the Air Pollution Control Act (APCA) (35 P. S. § 4003) and 25 Pa. Code § 121.1. (25 Pa. Code § 121.1)

   2.  The issuance of this plan approval does not prevent the future adoption by the Department of any rules, regulations or standards, or the issuance of orders necessary to comply with the requirements of the Federal Clean Air Act (CAA) or the APCA or to achieve or maintain ambient air quality standards. The issuance of this plan approval shall not be construed to limit the Department's enforcement authority. (25 Pa. Code § 127.12b(a)(b))

   3.  This plan approval authorizes temporary operation of the sources covered by this plan approval provided the following conditions are met.

   (a)  When construction, installation, modification or reactivation is being conducted, the permittee should provide written notice to the Department of the completion of the activity approved by this plan approval and the permittee's intent to commence operation at least 5 working days prior to the completion of said activity. The notice shall state when the activity will be completed and when the permittee expects to commence operation. When the activity involves multiple sources on different time schedules, notice is required for the commencement of operation of each source.

   (b)  Under 25 Pa. Code § 127.12b(d), temporary operation of the sources is authorized to facilitate the shakedown of sources and air cleaning devices, to permit operations pending the issuance of a permit under 25 Pa. Code Chapter 127, Subchapter F (relating to operating permits) or Subchapter G (relating to Title V operating permits) or to permit the evaluation of the air contaminant aspects of the source.

   (c)  This plan approval authorizes a temporary operation period not to exceed 180 days from the date of commencement of operation, provided the Department receives notice from the permittee under paragraph (a), above.

   (d)  The permittee may request an extension of the 180-day shakedown period if further evaluation of the air contamination aspects of the sources is necessary. The request for an extension should be submitted, in writing, to the Department at least 15 days prior to the end of the initial 180-day shakedown period and shall provide a description of the compliance status of the source, a detailed schedule for establishing compliance, and the reasons compliance has not been established. This temporary operation period will be valid for a limited time and may be extended for additional limited periods, each not to exceed 120 days. If, at any time, the Department has cause to believe that air contaminant emissions from the sources listed in this plan approval may be in excess of the limitations specified in, or established under this plan approval or the permittee's operating permit, the permittee may be required to conduct test methods and procedures deemed necessary by the Department to determine the actual emissions rate. Such testing shall be conducted in accordance with 25 Pa. Code Chapter 139, where applicable, and in accordance with any restrictions or limitations established by the Department at such time as it notifies the company that testing is required. (25 Pa. Code § 127.12b)

   4.  The permittee shall maintain and operate the sources and associated air cleaning devices in accordance with good engineering practice as described in the plan approval application submitted to the Department. (25 Pa. Code § 127.12(a) (10))

   5.  (a) The records, reports or information obtained by the Department or referred to at public hearings shall be available to the public, except as provided in paragraph (b) of this condition.

   (b)  Upon cause shown by the permittee that the records, reports or information, or a particular portion thereof, but not emission data, to which the Department has access under the act, if made public, would divulge production or sales figures or methods, processes or production unique to that person or would otherwise tend to affect adversely the competitive position of that person by revealing trade secrets, including intellectual property rights, the Department will consider the record, report or information, or particular portion thereof confidential in the administration of the act. The Department will implement this section consistent with §§ 112(d) and 114(c) of the CAA (42 U.S.C.A. §§ 7412(d) and 7414(c)). Nothing in this section prevents disclosure of the report, record or information to Federal, State or local representatives as necessary for purposes of administration of Federal, State or local air pollution control laws, or when relevant in a proceeding under the act. (25 Pa. Code §§ 127.12(c) and (d) and 35 P. S. § 4013.2)

   6.  (a) This plan approval will be valid for a limited time, as specified by the expiration date contained on Page 1 of this plan approval. Except as provided in §§ 127.11a and 127.215 (relating to reactivation of sources; and reactivation), at the end of the time, if the construction, modification, reactivation or installation has not been completed, a new plan approval application or an extension of the previous approval will be required.

   (b)  If construction has commenced, but cannot be completed before the expiration of this plan approval, an extension of the plan approval must be obtained to continue construction. To allow adequate time for departmental action, a request for the extension should be postmarked at least 30 days prior to the expiration date. The Department will not issue an extension after the plan approval expires. The request for an extension should include the following:

   (i)  A justification for the extension,

   (ii)  A schedule for the completion of the construction.

   If construction has not commenced before the expiration of this plan approval, then a new plan approval application must be submitted and approval obtained before construction can commence.

   (c)  If the construction, modification or installation is not commenced within 18 months of the issuance of this plan approval or if there is more than an 18-month lapse in construction, modification or installation, a new plan approval application that meets the requirements of 25 Pa. Code Chapter 127, Subchapter B, D and E (related to plan approval requirements; prevention of significant deterioration of air quality; and new source review) shall be submitted. (25 Pa. Code § 127.13)

   7.  (a) This plan approval may not be transferred from one person to another except when a change of ownership is demonstrated to the satisfaction of the Department and the Department approves the transfer of the plan approval in writing.

   (b)  Section 127.12a (relating to compliance review) applies to a request for transfer of a plan approval. A compliance review form shall accompany the request.

   (c)  This plan approval is valid only for the specific source and the specific location of the source as described in the application. (25 Pa. Code § 127.32)

   8.  (a) Under 35 P. S. § 4008, no person shall hinder, obstruct, prevent or interfere with the Department or its personnel in the performance of any duty authorized under the APCA.

   (b)  The permittee shall also allow the Department to have access at reasonable times to said sources and associated air cleaning devices with such measuring and recording equipment, including equipment recording visual observations, as the Department deems necessary and proper for performing its duties and for the effective enforcement of the APCA and regulations adopted under the act.

   (c)  Nothing in this plan approval condition shall limit the ability of the Environmental Protection Agency (EPA) to inspect or enter the premises of the permittee in accordance with § 114 or other applicable provisions of the CAA. (25 Pa. Code § 127.12(4) and 35 P. S. § 4008 and § 114 of the CAA)

   9.  This plan approval may be terminated, modified, suspended or revoked and reissued if one or more of the following applies:

   (a)  The permittee constructs or operates the source subject to the plan approval in violation of the act, the CAA, the regulations promulgated under the act or the CAA, a plan approval or permit or in a manner that causes air pollution.

   (b)  The permittee fails to properly or adequately maintain or repair an air pollution control device or equipment attached to or otherwise made a part of the source.

   (c)  The permittee fails to submit a report required by this plan approval.

   (d)  The EPA determines that this plan approval is not in compliance with the CAA or the regulations thereunder. (25 Pa. Code 127.13a)

   10.  (a) The permittee, or any other person, may not circumvent the new source review requirements of 25 Pa. Code Chapter 127, Subchapter E by causing or allowing a pattern of ownership or development, including the phasing, staging, delaying or engaging in incremental construction, over a geographic area of a facility which, except for the pattern of ownership or development, would otherwise require a permit or submission of a plan approval application.

   (b)  No person may permit the use of a device, stack height which exceeds good engineering practice stack height, dispersion technique or other technique which, without resulting in reduction of the total amount of air contaminants emitted, conceals or dilutes an emission of air contaminants which would otherwise be in violation of this plan approval, the APCA or the regulations promulgated thereunder, except that with prior approval of the Department, the device or technique may be used for control of malodors. (25 Pa. Code §§ 121.9 and 127.216)

   11.  Reports, test data, monitoring data, notifications shall be submitted to the:

Regional Air Program Manager
Department of Environmental Protection

   (At the address given on the plan approval transmittal letter or otherwise notified) (25 Pa. Code § 127.12c)

   12.  (a) If required by § 112(r) of the CAA, the permittee shall develop and implement an accidental release program consistent with requirements of the CAA, 40 CFR Part 68 (relating to chemical accident prevention provisions) and the Federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act (Pub. L. No. 106-40).

   (b)  The permittee shall prepare and implement a Risk Management Plan (RMP) which meets the requirements of § 112(r) of the CAA, 40 CFR Part 68 and the Federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act when a regulated substance listed in 40 CFR 68.130 is present in a process in more than the listed threshold quantity at the facility. The permittee shall submit the RMP to the EPA according to the following schedule and requirements:

   (1)  The permittee shall submit the first RMP to a central point specified by the EPA no later than the latest of the following:

   (i)  Three years after the date on which a regulated substance is first listed under § 68.130; or,

   (ii)  The date on which a regulated substance is first present above a threshold quantity in a process.

   (2)  The permittee shall submit any additional relevant information requested by the Department or the EPA concerning the RMP and shall make subsequent submissions of RMPs in accordance with 40 CFR 68.190.

   (3)  The permittee shall certify that the RMP is accurate and complete in accordance with the requirements of 40 CFR Part 68, including a checklist addressing the required elements of a complete RMP.

   (c)  As used in this plan approval condition, the term ''process'' shall be as defined in 40 CFR 68.3. The term ''process'' means any activity involving a regulated substance including any use, storage, manufacturing, handling, or on-site movement of such substances or any combination of these activities. For purposes of this definition, any group of vessels that are interconnected, or separate vessels that are located such that a regulated substance could be involved in a potential release, shall be considered a single process. (25 Pa. Code § 127.12(9) and 40 CFR Part 68)

Special Conditions:

   1.  This Plan Approval is to allow the construction of a specialty steel plant by Prime Metals & Alloys, Inc. located in Center Township, Indiana County. (25 Pa. Code § 127.12b)

   2.  Air contamination sources at the facility are as follows:

   *  two 14,000 pound electric induction furnaces

   *  two 100--3,000 pound electric induction furnaces

   *  pig pouring area

   *  ingot pouring area

   *  one 20 ton argon-oxygen decarburization vessel (AOD)

   *  one tumble-blast unit (included in plan approval but may not install)

   *  two 2.8 mmBtu/hr annealing boxes

   *  two 1.4 mmBtu/hr annealing boxes

   *  two 2.3 mmBtu/hr ladle pre-heaters

   *  slag handling

   *  parts washer (25 Pa. Code § 127.12b)

   3.  Air pollution prevention equipment at the facility includes the following:

   *  one 30,000 ACFM fabric filter; Griffin model JA364E

   *  one 45,500 ACFM fabric filter; Century model 646JP-10

   *  one 48,000 ACFM fabric filter; Wheelabrator model 2715-2

   *  one 6500 ACFM fabric filter; integral to the tumble-blast unit

   *  smoke ring and canopy hood (25 Pa. Code § 127.12b)

   4.  There shall be no fugitive emissions from the facility contrary to 25 Pa. Code §§ 123.1 and 123.2.

   5.  There shall be no malodors from the facility in accordance 25 Pa. Code § 123.31.

   6.  For sources that are not subject to 40 CFR 60 subpart AAa, the permittee may not permit the emission into the outdoor atmosphere of visible air contaminants in such a manner that the opacity of the emission is either of the following:

   (1)  Equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any 1 hour.

   (2)  Equal to or greater than 60% at any time. (25 Pa. Code § 123.41)

   7.  Particulate emissions from fabric filters controlling sources not subject to 40 CFR 60 subpart AAa and with flow rates greater than 10,000 ACFM shall not exceed 0.01 grains/dscf. (25 Pa. Code § 127.12b)

   8.  For each segregated metallic scrap storage area, bin, or pile, the permittee shall comply with one of the following materials acquisition requirements. You must keep a copy of the material specifications onsite and readily available to all personnel with material acquisition duties. The permittee may have certain scrap subject to paragraph (a) of this condition and other scrap subject to paragraph (b) of this condition at this facility provided the metallic scrap remains segregated until charge make-up.

   (a)  Restricted metallic scrap. The permittee shall prepare and operate at all times according to written material specifications for the purchase and use of only metal ingots, pig iron, slitter or other materials that do not include postconsumer automotive body scrap, post-consumer engine blocks, post-consumer oil filters, oily turnings, lead components, chlorinated plastics, or free liquids; or

   (b)  General iron and steel scrap. The permittee shall prepare and operate at all times according to written material specifications for the purchase and use of only iron and steel scrap that has been depleted (to the extent practicable) of organics and HAP metals in the charge materials used by the facility. (25 Pa. Code § 127.12b)

   9.  The permittee shall not use any type of scrap that contains mercury switches. (25 Pa. Code § 127.12b)

   10.  The permittee shall perform a daily inspection of the facility for the presence of stack emissions, fugitive emissions and malodors during daylight hours. Records of each inspection shall be maintained in a log and include any corrective actions taken. (25 Pa. Code § 127.12b)

   11.  The permittee shall maintain records of the following:

   (a)  Records of monthly metal melt production for each calendar year and on a 12-month rolling basis;

   (b)  An estimate of PM emissions for each month, on a 12-month rolling total basis;

   (b)  Records that demonstrate compliance with the requirements for restricted metallic scrap and/or general iron and steel scrap. (25 Pa. Code § 127.12b)

   12.  All logs and required records shall be maintained for a minimum of 5 years from the date of the measurement and shall be made available to the Department upon request. (25 Pa. Code § 127.12b)

   13.  The permittee shall submit an Air Information Management System report (AIMS report) by March 1 of the following year for any calendar year in which the actual facility-wide emission rates exceed any of the following:

20.0 tons of CO (CARBON MONOXIDE)
10.0 tons of NOx (NITROGEN OXIDES)
8.0 tons of SOx (SULFUR OXIDES)
3.0 tons of PM10 (PARTICULATE MATTER < 10 MI   CRONS)
8.0 tons of VOC (VOLATILE ORGANIC COMPOUNDS)
1.0 ton of a SINGLE HAP (HAZARDOUS AIR POLLUT   ANT)
2.5 tons of ALL HAP COMBINED

   14.  (a) The permittee shall report each malfunction that may result in an emissions increase to the Department. For purposes of this condition a malfunction is defined as any sudden, infrequent and not reasonably preventable failure of an air pollution control or process equipment; or, operating in a nonpermitted manner.

   (b)  When the malfunction poses an imminent and substantial danger to the public's health and safety, or potential harm to the environment, the permittee shall report the incident to the Department within 1 hour.

   (1)  The report shall describe the:

   (i)  Name and location of the facility.

   (ii)  Nature and cause of the malfunction.

   (iii)  Time when the malfunction was first observed.

   (iv)  Expected duration of excess emissions.

   (v)  Estimated rate of emissions.

   (2)  The owner or operator shall notify the Department immediately when corrective measures have been accomplished.

   (c)  Unless otherwise required by specific reporting requirements, any malfunction that is not subject to the notice requirements of paragraph (b) of this permit condition shall be reported to the Department within 24 hours (or the next business day) by telephone, and within 5 days by mail of discovery. The report shall contain the same information required by subsection (b)(1).

   (d)  Malfunctions shall be reported to the Department at the following address:

Department of Environmental Protection
Office of Air Quality
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4000

   15.  On and after the date of which the performance test required to be conducted by § 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from an AOD vessel any gases which:

   (1)  Exit from a control device and contain PM in excess of 12 mg/dscm (0.0052 gr/dscf);

   (2)  Exit from a control device and exhibit 3% opacity or greater; and

   (3)  Exit from a shop and, due solely to the operations of any affected AOD vessels, exhibit 6% opacity or greater. (40 CFR 60.272a(a))

   16.  A continuous monitoring system for the measurement of the opacity of emissions discharged into the atmosphere from the control devices is not required on any modular, multistack, negative-pressure or positive-pressure fabric filter if observations of the opacity of the visible emissions from the control device are performed by a certified visible emission observer; or on any single-stack fabric filter if visible emissions from the control device are performed by a certified visible emission observer and the owner installs and continuously operates a bag leak detection system according to paragraph (e) of 40 CFR 60.273a. Visible emission observations shall be conducted at least once per day for at least three 6-minute periods when the furnace is operating in the melting and refining period. All visible emissions observations shall be conducted in accordance with Method 9. If visible emissions occur from more than one point, the opacity shall be recorded for any points where visible emissions are observed. Where it is possible to determine that a number of visible emission sites relate to only one incident of the visible emission, only one set of three 6-minute observations will be required. In that case, the Method 9 observations must be made for the site of highest opacity that directly relates to the cause (or location) of visible emissions observed during a single incident. Records shall be maintained of any 6-minute average that is in excess of the emission limit specified in 40 CFR 60.272a(a). (40 CFR 60.273a(c))

   17.  A bag leak detection system must be installed and continuously operated on all single-stack fabric filters if the owner or operator elects not to install and operate a continuous opacity monitoring system as provided for under paragraph (c) of 40 CFR 60.273a. In addition, the owner or operator shall meet the visible emissions observation requirements in paragraph (c) of 40 CFR 60.273a. The bag leak detection system must meet the specifications and requirements of the following:

   (1)  The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less.

   (2)  The bag leak detection system sensor must provide output of relative PM loadings and the owner or operator shall continuously record the output from the bag leak detection system using electronic or other means (such as, using a strip chart recorder or a data logger.)

   (3)  The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over the alarm set point established according to paragraph (e)(4) of this section, and the alarm must be located such that it can be heard by the appropriate plant personnel.

   (4)  For each bag leak detection system required by paragraph (e) of this section, the owner or operator shall develop and submit to the Administrator or delegated authority, for approval, a site-specific monitoring plan that addresses the items identified in paragraphs (i)--(v) of this paragraph (e)(4). For each bag leak detection system that operates based on the triboelectric effect, the monitoring plan shall be consistent with the recommendations contained in the U.S. Environmental Protection Agency guidance document ''Fabric Filter Bag Leak Detection Guidance'' (EPA-454/R-98-015). The owner or operator shall operate and maintain the bag leak detection system according to the site-specific monitoring plan at all times. The plan shall describe the following:

   (i)  Installation of the bag leak detection system;

   (ii)  Initial and periodic adjustment of the bag leak detection system including how the alarm set-point will be established;

   (iii)  Operation of the bag leak detection system including quality assurance procedures;

   (iv)  How the bag leak detection system will be maintained including a routine maintenance schedule and spare parts inventory list; and

   (v)  How the bag leak detection system output shall be recorded and stored.

   (5)  The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time (if applicable).

   (6)  Following initial adjustment, the owner or operator shall not adjust the averaging period, alarm set point or alarm delay time without approval from the Administrator or delegated authority except as provided for in paragraphs (e)(6)(i) and (ii) of this section.

   (i)  Once per quarter, the owner or operator may adjust the sensitivity of the bag leak detection system to account for seasonal effects including temperature and humidity according to the procedures identified in the site-specific monitoring plan required under paragraphs (e)(4) of this section.

   (ii)  If opacities greater than 0% are observed over four consecutive 15-second observations during the daily opacity observations required under paragraph (c) of this section and the alarm on the bag leak detection system does not sound, the owner or operator shall lower the alarm set point on the bag leak detection system to a point where the alarm would have sounded during the period when the opacity observations were made.

   (7)  For negative pressure, induced air baghouses and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detection sensor must be installed downstream of the baghouse and upstream of any wet scrubber.

   (8)  Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (40 CFR 60.273a(e))

   18.  For each bag leak detection system installed according to paragraph (e) of 40 CFR 60.273a, the owner or operator shall initiate procedures to determine the cause of all alarms within 1 hour of an alarm. Except as provided for under paragraph (g) of 40 CFR 60.273a, the cause of the alarm must be alleviated within 3 hours of the time the alarm occurred by taking whatever corrective actions are necessary. Corrective actions may include, but are not limited to, the following:

   (1)  Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions;

   (2)  Sealing off defective bags or filter media;

   (3)  Replacing defective bags or filter media or otherwise repairing the control device;

   (4)  Sealing off a defective baghouse compartment;

   (5)  Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system; and

   (6)  Shutting down the process producing the particulate emissions. (40 CFR 60.273a(f))

   19.  In approving the site-specific monitoring plan required in paragraph (e)(4) of 40 CFR 60.273a, the Administrator or delegated authority may allow owners or operators more than 3 hours to alleviate specific conditions that cause an alarm if the owner or operator identifies the condition that could lead to an alarm in the monitoring plan, adequately explains why it is not feasible to alleviate the condition within 3 hours of the time the alarm occurred, and demonstrates that the requested additional time will ensure alleviation of the condition as expeditiously as practicable. (40 CFR 60.273a(g))

   20.  The owner or operator subject to the provisions of 40 CFR 60 subpart AAa shall maintain records of the following information all monthly operational status inspections performed under 40 CFR 60.274a(c). (40 CFR 60.274a(a))

   21.  When the owner or operator of an affected facility is required to demonstrate compliance with the standards under 40 CFR 60.272a(a)(3) and at any other time that the Administrator may require (under § 114 of the CAA, as amended) either: the control system fan motor amperes and all damper positions, the volumetric flow rate through each separately ducted hood, or the volumetric flow rate at the control device inlet and all damper positions shall be determined during all periods in which a hood is operated for the purpose of capturing emissions from the affected facility subject to paragraph (b) of this section. The owner or operator may petition the Administrator for reestablishment of these parameters whenever the owner or operator can demonstrate to the Administrator's satisfaction that the affected facility operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters as determined during the most recent demonstration of compliance shall be maintained at the appropriate level for each applicable period. Operation at other than baseline values may be subject to the requirements of § 60.276a(c). (40 CFR 60.274a(c))

   22.  Except as provided under paragraph (e) 40 CFR 60.274a, the owner or operator shall perform monthly operational status inspections of the equipment that is important to the performance of the total capture system (such as, pressure sensors, dampers and damper switches). This inspection shall include observations of the physical appearance of the equipment (such as, presence of holes in ductwork or hoods, flow constrictions caused by dents or accumulated dust in ductwork, and fan erosion). Any deficiencies shall be noted and proper maintenance performed. (40 CFR 60.274a(d))

   23.  The owner or operator may petition the Administrator to approve any alternative to either the monitoring requirements specified in paragraph (b) of 40 CFR 60.274a or the monthly operational status inspections specified in paragraph (d) of 40 CFR 60.274a if the alternative will provide a continuous record of operation of each emission capture system. (40 CFR 60.274a(e))

   24.  During performance tests required in 40 CFR 60.8, the owner or operator shall not add gaseous diluents to the effluent gas stream after the fabric in any pressurized fabric filter collector, unless the amount of dilution is separately determined and considered in the determination of emissions. (40 CFR 60.275a(a))

   25.  When emissions from any EAFs or AOD vessels are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator shall use either or both of the following procedures during a performance test (see also § 60.276a(e)):

   (1)  Determine compliance using the combined emissions.

   (2)  Use a method that is acceptable to the Administrator and that compensates for the emissions from the facilities not subject to the provisions of this subpart. (40 CFR 60.275a(b))

   26.  When emission from any EAFs or AOD vessels are combined with emissions from facilities not subject to the provisions of this subpart, the owner or operator shall demonstrate compliance with § 60.272(a)(3) based on emissions from only the affected facility(ies). (40 CFR 60.275a(c))

   27.  In conducting the performance tests required in § 60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of 40 CFR 60 or other methods and procedures as specified in this section, except as provided in 40 CFR 60.8(b). (40 CFR 60.275a(d))

   28.  The owner or operator shall determine compliance with the PM standards in 40 CFR 60.272a as follows:

   (1)  Method 5 shall be used for negative-pressure fabric filters and other types of control devices and Method 5D shall be used for positive-pressure fabric filters to determine the PM concentration and volumetric flow rate of the effluent gas. The sampling time and sample volume for each run shall be at least 4 hours and 4.50 dscm (160 dscf) and, when a single EAF or AOD vessel is sampled, the sampling time shall include an integral number of heats.

   (2)  Not applicable.

   (3)  Method 9 and the procedures of 40 CFR 60.11 shall be used to determine opacity.

   (4)  To demonstrate compliance with § 60.272a(a) (1), (2), and (3), the Method 9 test runs shall be conducted concurrently with the PM test runs, unless inclement weather interferes. (40 CFR 60.275a(e))

   29.  To comply with § 60.274a (c), (f), (g) and (h), the owner or operator shall obtain the information required in these paragraphs during the PM matter runs. (40 CFR 60.275a(f))

   30.  Any control device subject to the provisions of the subpart shall be designed and constructed to allow measurement of emissions using applicable test methods and procedures. (40 CFR 60.275a(g))

   31.  Where emissions from any EAFs or AOD vessels are combined with emissions from facilities not subject to the provisions of this subpart but controlled by a common capture system and control device, the owner or operator may use any of the following procedures during a performance test:

   (1)  Base compliance on control of the combined emissions;

   (2)  Utilize a method acceptable to the Administrator that compensates for the emissions from the facilities not subject to the provisions of this subpart, or;

   (3)  Any combination of the criteria of paragraphs (h)(1) and (h)(2) of this section. (40 CFR 60.275a(h))

   32.  Where emissions from any EAFs or AOD vessels are combined with emissions from facilities not subject to the provisions of this subpart, determinations of compliance with § 60.272a(a)(3) will only be based upon emissions originating from the affected facility(ies). (40 CFR 60.275a(i))

   33.  Unless the presence of inclement weather makes concurrent testing infeasible, the owner or operator shall conduct concurrently the performance tests required under § 60.8 to demonstrate compliance with § 60.272a(a) (1), (2) and (3) of this subpart. (40 CFR 60.275a(j))

   34.  Each owner or operator shall submit a written report of exceedances of the control device opacity to the Administrator semi-annually. For the purposes of these reports, exceedances are defined as all 6-minute periods during which the average opacity is 3% or greater. (40 CFR 60.276a(b))

   35.  Operation at a furnace static pressure that exceeds the value established under § 60.274a(g) and either operation of control system fan motor amperes at values exceeding +15% of the value established under § 60.274a(c) or operation at flow rates lower than those established under § 60.274a(c) may be considered by the Administrator to be unacceptable operation and maintenance of the affected facility. Operation at such values shall be reported to the Administrator semi-annually. (40 CFR 60.276a(c))

   36.  The requirements of this section remain in force until and unless EPA, in delegating enforcement authority to a State under section 111(c) of the Act, approves reporting requirements or an alternative means of compliance surveillance adopted by the State. In that event, affected sources within the State will be relieved of the obligation to comply with this section, provided that they comply with the requirements established by the State. (40 CFR 60.276a(d))

   37.  When the owner or operator of an EAF or AOD is required to demonstrate compliance with the standard under § 60.275 (b)(2) or a combination of (b)(1) and (b)(2) the owner or operator shall obtain approval from the Administrator of the procedures that will be used to determine compliance. Notification of the procedures to be used must be postmarked at least 30 days prior to the performance test. (40 CFR 60.276a(e))

   38.  For the purpose of this subpart, the owner or operator shall conduct the demonstration of compliance with § 60.272a(a) of this subpart and furnish the Administrator a written report of the results of the test. This report shall include the following information:

   (1)  Facility name and address;

   (2)  Plant representative;

   (3)  Make and model of process, control device and continuous monitoring equipment;

   (4)  Flow diagram of process and emission capture equipment including other equipment or processes ducted to the same control device;

   (5)  Rated (design) capacity of process equipment;

   (6)  Those data required under § 60.274a(h) of this subpart;

   (i)  List of charge and tap weights and materials;

   (ii)  Heat times and process log;

   (iii)  Control device operation log; and

   (iv)  Continuous opacity monitor or Method 9 data.

   (7)  Test dates and test times;

   (8)  Test company;

   (9)  Test company representative;

   (10)  Test observers from outside agency;

   (11)  Description of test methodology used, including any deviation from standard reference methods;

   (12)  Schematic of sampling location;

   (13)  Number of sampling points;

   (14)  Description of sampling equipment;

   (15)  Listing of sampling equipment calibrations and procedures;

   (16)  Field and laboratory data sheets;

   (17)  Description of sample recovery procedures;

   (18)  Sampling equipment leak check results;

   (19)  Description of quality assurance procedures;

   (20)  Description of analytical procedures;

   (21)  Notation of sample blank corrections; and

   (22)  Sample emission calculations. (40 CFR 60.276a(f))

   39.  The owner or operator shall maintain records of all shop opacity observations made in accordance with § 60.273a(d). All shop opacity observations in excess of the emission limit specified in § 60.272a(a)(3) of this subpart shall indicate a period of excess emission, and shall be reported to the administrator semi-annually, according to § 60.7(c). (40 CFR 60.276a(g))

   40.  The owner or operator shall maintain the following records for each bag leak detection system required under § 60.273a(e):

   (1)  Records of the bag leak detection system output;

   (2)  Records of bag leak detection system adjustments, including the date and time of the adjustment, the initial bag leak detection system settings, and the final bag leak detection system settings; and

   (3)  An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, if procedures were initiated within 1 hour of the alarm, the cause of the alarm, an explanation of the actions taken, the date and time the cause of the alarm was alleviated and if the alarm was alleviated within 3 hours of the alarm. (40 CFR 60.276a(h))

   41.  The facility is subject to Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 17, 1983 (40 CFR Part 60, Subpart AAa). In accordance with 40 CFR 60.4, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both EPA and the Department at the addresses listed as follows unless otherwise noted. (40 CFR 60.4)

Director Department of Environmental
Air Toxics and Radiation Bureau of Air Quality
US EPA, Region III 400 Waterfront Drive
1650 Arch Street Pittsburgh, PA 15222-4745
Philadelphia, PA 19103-2029

   42.  Stack testing to determine the emission rate of PM in grains/dscf for all fabric filters with flow rates greater than 10,000 ACFM shall be conducted within 180 days of issuance of this approval and at a minimum of once every 5 years thereafter. (25 Pa. Code § 127.12b)

   43.  In addition to the requirements stated elsewhere in this plan approval, the permittee shall adhere to the following procedures for source testing:

   (a)  Under 25 Pa. Code § 139.3, at least 45 calendar days prior to commencing an emissions testing program, a test protocol shall be submitted to the Department for review and approval. The test protocol shall meet all applicable requirements specified in the most recent version of the Department's Source Testing Manual.

   (b)  Under 25 Pa. Code § 139.3, at least 15 calendar days prior to commencing an emissions testing program, notification as to the date and time of testing shall be given to the appropriate Regional Office. Notification shall also be sent to the Division of Source Testing and Monitoring. Notification shall not be made without prior receipt of a protocol acceptance letter from the Department.

   (c)  Under 25 Pa. Code § 139.53(a)(3), within 15 calendar days after completion of the onsite testing portion of an emission test program, if a complete test report has not yet been submitted, an electronic mail notification shall be sent to the Department's Division of Source Testing and Monitoring indicating the completion date of the onsite testing.

   (d)  Under 40 CFR Part 60.8(a), 40 CFR Part 61.13(f) and 40 CFR Part 63.7(g) a complete test report shall be submitted to the Department no later than 60 calendar days after completion of the onsite testing portion of an emission test program. For those tests being conducted under 40 CFR Part 61, a complete test report shall be submitted within 31 days after completion of the test.

   (e)  Under 25 Pa. Code § 139.53(b), a complete test report shall include a summary of the emission results on the first page of the report, and indicate whether each pollutant measured is within permitted limits, and include a statement of compliance or noncompliance with all applicable permit conditions. The summary results will include, at a minimum, the following information:

   1.  A statement that the owner or operator has reviewed the report from the emissions testing body and agrees with the findings.

   2.  Permit numbers and conditions which are the basis for the evaluation.

   3.  Summary of results with respect to each applicable permit condition.

   4.  Statement of compliance or noncompliance with each applicable permit condition.

   (f)  Under 25 Pa. Code § 139.3, all submittals shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual.

   (g)  All testing shall be performed in accordance with the provisions of Chapter 139 of the Rules of Regulations of the Department.

   (h)  Under 25 Pa. Code §§ 139.53(a)(1) and 139.53(a)(3), all submittals, besides notifications, shall be accomplished through PSIMS*Online available through www. depgreenport.state.pa.us/ecomm/Login.jsp when it becomes available. If internet submittal cannot be accomplished, three copies of each submittal shall be sent to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring, 400 Market Street, 12th Floor Rachael Carson State Office Building, Harrisburg, PA 17105-8468 with deadlines verified through document postmarks. One copy of all documents submitted to the Division of Source Testing and Monitoring shall be submitted to the appropriate Regional office.

   (i)  The permittee shall insure all Federal reporting requirements contained in the applicable subpart of 40 CFR are followed, including timelines more stringent than those contained herein. In the event of an inconsistency or any conflicting requirements between State and Federal, the most stringent provision, term, condition, method or rule shall be used by default. (25 Pa. Code § 127.12b)

   44.  Plan Approval authorizes the temporary operation of the sources covered by this Plan Approval provided the following conditions are met:

   (a)  The Owner/Operator shall submit written Notice of the Completion of Construction and the Operator's intent to commence operation at least 5 days prior to the completion of construction. The Notice shall state the date when construction will be completed and the date when the Operator expects to commence operation.

   (b)  Operation of the sources covered by this Plan Approval is authorized only to facilitate the start-up and shakedown of sources and air cleaning devices, to permit operations pending the issuance of an Operating Permit, or to permit the evaluation of the source for compliance with all applicable regulations and requirements.

   (c)  Upon receipt of the Notice of the Completion of Construction from the Owner/Operator, the Department shall authorize a 180-day Period of Temporary Operation of the sources starting on the date of commencement of operation. This Notice submitted by the Owner/Operator, prior to the expiration of this Plan Approval, shall modify the Plan Approval expiration date. The new Plan Approval expiration date shall be 180 days from the date of commencement of operation.

   (d)  Upon determination by the Owner/Operator that the sources covered by this Plan Approval are in compliance with all conditions of the Plan Approval the Owner/Operator shall contact the Department's reviewing engineer and schedule the Initial Operating Permit Inspection.

   (e)  Upon completion of Initial Operating Permit Inspection and determination by the Department that the sources covered by this Plan Approval are in compliance with all conditions of the Plan Approval the Owner/Operator shall submit a State-only Operating Permit (SOOP) application, at least 60 days prior to the expiration date of the Plan Approval.

   (f)  The Owner/Operator may request an extension of the 180-day Period of Temporary Operation if compliance with all applicable regulations and Plan Approval requirements has not been established. The extension request shall be submitted in writing at least 15 days prior to the end of the Period of Temporary Operation and shall provide a description of the compliance status of the source. The extension request shall include a detailed schedule for establishing compliance and the reasons compliance has not been established. This Period of Temporary Operation may be extended for additional limited periods, each not to exceed 120-days, by submitting an extension request as described previously.

   (g)  If, at any time, the Department has cause to believe that air contaminant emissions from the sources listed in this plan approval may be in excess of the limitations specified in, or established under this plan approval or the permittee's operating permit, the permittee may be required to conduct test methods and procedures deemed necessary by the Department to determine the actual emissions rate. Such testing shall be conducted in accordance with 25 Pa. Code Chapter 139, where applicable, and in accordance with any restrictions or limitations established by the Department at such time as it notifies the company that testing is required. (25 Pa. Code § 127.12b)

   Any person wishing to provide the Department of Environmental Protection with additional information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to the Department at the address shown. A 30-day comment period, from the date of this publication, will exist for the submission of comments. Each written comment must contain the following:

   *  Name, address and telephone number of the person submitting the comments.

   *  Identification of the proposed Plan Approval (specify the Plan Approval number).

   *  Concise statements regarding the relevancy of the information or objections to issuance of the Plan Approval. Written comments should be directed to:

Mark A. Wayner, P. E.
Regional Air Quality Program Manager
Commonwealth of Pennsylvania
Department of Environmental Protection
Southwest Region--Field Operation
400 Waterfront Drive
Pittsburgh, PA 15222-4745

   For additional information you may contact the following at the same address:

Sharene Shealey
Air Quality Engineering Specialist
(412) 442-5807

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.

   25-996A: Advanced Finishing USA--Fairview Plant (7401 Klier Drive East, Fairview, PA 16506) for increasing the facility's VOC limit to 12 tpy in Fairview Township, Erie County. This is a State-only facility. The public notice is required for sources required to obtain a Plan Approval in accordance with 25 Pa. Code § 127.44. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the State-only operating permit through an administrative amendment at a later date. The source shall comply with the following conditions, which will satisfy the requirements of 25 Pa. Code § 127.12b (pertaining to plan approval terms and conditions) and will demonstrate BAT for the source:

   *  Emissions shall with 25 Pa. Code §§ 123.1, 123.31 and 123.41 for fugitive, odor and visible emissions respectively.

   *  Subject to 25 Pa. Code § 123.13.

   *  No person may permit the emission into the outdoor atmosphere of VOC in a manner that the emission rate exceeds 12.0 tpy based on a consecutive 12-month period.

   *  Subject to 25 Pa. Code § 129.52.

   *  The permittee shall maintain a record of all preventive maintenance inspections of the control devices. The records of the maintenance inspections shall include, at a minimum, the dates of the inspections, the name of the person performing the inspection, any problems or defects identified, any actions taken to correct the problems or defects, and any routine maintenance performed.

   *  The permittee shall record the following operational data from the control devices (these records may be done with strip charts recorders, data acquisition systems, or manual log entries):

   *  Pressure drop across the control.

   *  The permittee shall perform a daily operational inspection of the control device.

   *  A magnehelic gauge or equivalent shall be permanently installed and maintained at a conveniently readable location to indicate the pressure drop across the control device.

   *  All gauges employed by the permittee to monitor the required control device operating parameters shall have a scale such that the expected normal reading shall be no less than 20% of full scale and be accurate within +/- 2% of full scale reading.

   *  Control device operating parameters, pressure drop, shall be operated in a range defined by the manufacturer or in a range developed during compliant stack testing. The operating range shall be determined within 90 days after startup of the control device and shall be indicated to the Department in writing prior to administratively amending into the facility operating permit. The operating range shall be made part of the facility operating permit.

   *  The permittee shall operate the control device at all times that the source is in operation.

   *  The permittee shall maintain and operate the source and control device in accordance with the manufacturer's specifications and in accordance with good air pollution control practices.

OPERATING PERMITS


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

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

   06-05126: Reading Compounds, Inc. (5103C Pottsville Pike, Reading, PA 19605) for operation and change of ownership of a Teflon crumb manufacturing facility in Ontelaunee Township, Berks County. This action is a renewal of the Title V operating permit issued to the former owner, NAFCO, in 2003.

   Northwest Region:  Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, Facilities Permitting Chief, (814) 332-6940.

   33-00055: Glen-Gery Corp. (Route 28, Summerville, PA 15864) for re-issuance of a Title V Permit to operate a brick and tile manufacturing facility in Summerville Borough, Jefferson County. The facility's major emission sources include raw material stockpiles, primary crushers for shale and clay, hammermill for shale, grinding and screening operation with storage, transportation fugitives, miscellaneous natural gas usage, ceric tunnel kiln and main dryer. The facility is a major facility due to its potential to emit PM10, SOx, NOx and CO.


Intent to Issue Operating Permits 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, William R. Weaver, New Source Review Chief, (717) 705-4702.

   22-05041: Hershey Foods Corp. (1033 Old West Chocolate Avenue, Hershey, PA 17033) for operation of their west chocolate manufacturing plant in Derry Township, Dauphin County. The facility has the potential to emit annually the following: 50 tons VOC, 25 tons of HAPs, 10 tons of a single HAP and 100 tons each of SOx, PM10, NOx and CO. The State-only operating permit will include emission restrictions, work practice standards and testing, monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements in addition to the New Source Performance Standards requirements in 40 CFR Part 60, Subpart Dc. This is a renewal of the State-only operating permit issued in 2003.

   50-03004: Tuscarora Hardwoods, Inc. (2240 Shermans Valley Road, Elliottsburg, PA 17024) for operation of a 27.4 mmBtu/hr wood fired boiler in Spring Township, Perry County. Annual emissions are expected to be 18 tons of PM10, 3 tons SOx, 61 tons CO, 22 tons NOx and 2 tons VOC. The State-only operating permit will include emission restrictions, monitoring and recordkeeping requirements designed to keep the facility operating within all applicable air quality requirements.

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-DayDailyInstantaneous
ParameterAverageMaximumMaximum
Iron (total)3.0 mg/l6.0 mg/l7.0 mg/l
Manganese (total)2.0 mg/l4.0 mg/l5.0 mg/l
Suspended solids35 mg/l   70 mg/l   90 mg/l   
pH1greater 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.

   Greensburg District Mining Office:  Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.

   65-07-01 and NPDES Permit No. 0251437. Coal Loaders, Inc. (P. O. Box 556, Ligonier, PA 15658). NPDES application to a pending government financed construction contract, located in Ligonier Township, Westmoreland County, affecting 21.7 acres. Receiving streams: Hannas Run and UNTs to Hannas Run; classified for the following use: CWF. The potable water supply intake within 10 miles downstream from the point of discharge: Latrobe Municipal Authority. NPDES application received June 18, 2008.

   63813210 and NPDES Permit No. PA0615129. Deemston Energy Project, LLC (P. O. Box 727, Clarksville, PA 15322). Application received for transfer of permit currently issued to PA Coal Reclamation, Inc., for continued operation and reclamation of a bituminous surface mine/coal refuse reprocessing facility located in Deemston Borough, Washington County, affecting 53.3 acres. Receiving streams: UNT to Tenmile Creek to the Monongahela River, classified for the following uses: WWF and navigation. The first downstream potable water supply intake from the point of discharge is Tenmile Creek. Transfer application received May 28, 2008.

   63080102 and NPDES Permit No. PA0251429. Neiswonger Construction, Inc. (17592 Route 322, Strattanville, PA 16258). Application for commencement, operation and reclamation of a bituminous surface mine, located in Somerset Township, Washington County, affecting 187.8 acres. Receiving streams: UNTs to Center Branch Pigeon Creek, classified for the following use: WWF. The potable water supplies with intakes within 10 miles downstream from the point of discharge: Eighty Four Mining Co. No. 60 Reservoir, Ellsworth Borough Water Department, and Somerset Water Company. Application received June 17, 2008.

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

   49080201. Black Diamond Mining, Inc., (P. O. Box 139, Elysburg, PA 17824), commencement, operation and restoration of an anthracite coal refuse reprocessing operation in Mount Carmel Township, Northumberland County affecting 9.5 acres, receiving stream: North Branch Shamokin Creek, classified for the following use: CWF. Application received June 18, 2008.

   54870206R4 and NPDES Permit No. PA0593982. White Pine Coal Co., Inc., (P. O. Box 119, Ashland, PA 17921), renewal of an existing anthracite coal refuse reprocessing operation in Butler, Barry, Eldred, East and West Cameron Townships and Gordon Borough, Schuylkill and Northumberland Counties affecting 870.0 acres, receiving stream: Mahanoy Creek. Application received June 20, 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-dayDailyInstantaneous
ParameterAverageMaximumMaximum
suspended solids35 mg/l70 mg/l90 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.

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

   Permit No. 28030301 and NPDES Permit No. PA0613371. DL George & Sons Construction, 13321 Midvale Road, Waynesboro, PA 17268, renewal of NPDES Permit, Antrim Township, Franklin County. Receiving stream: Paddy Run classified for the following use: WWF. There are no potable water supply intakes within 10 miles downstream. NPDES renewal application received June 13, 2008.

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

   25820301. Frank Tucci (25000 PA Route 99, Cambridge Springs, PA 16403). Renewal of NPDES Permit No. PA0604208, McKean Township, Erie County. Receiving streams: UNT to Elk Creek, classified for the following use: WWF. There are no potable surface water supply intakes within 10 miles downstream. NPDES Renewal application received June 16, 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 §§ 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

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

   E06-638:  Moselem Springs Golf Course, 684 Eagle Road, Fleetwod, PA 19522, Richmond Township, Berks County, United States Army Corps of Engineers, Philadelphia District.

   To remove five check dams in a UNT to Moselem Creek (HQ), and to regrade and restore the stream channel downstream of these structures for a total length of 885.0 feet. Also to remove an existing online pond, off of the Moselem Creek (HQ-CWF), creating a 10.0 foot wide earthen berm around the pond, and to restore the channel and banks of Moselem Creek in the area of the pond for a length of 750.0 feet, all for the purpose of improving site conditions of the Moselem Springs Golf Club, located on SR 622 (Kutztown, PA Quadrangle N:  0.75 inch; W:  13.5 inches, Latitude: 40° 30` 13.72"; Longitude: 75° 51` 5.51") in Richmond Township, Berks County.

   E22-533:  Mark DiSanto, Triple Crown Corporation, 5351 Jaycee Avenue, Harrisburg, PA 17112, Stray winds Farm Subdivision, Lower Paxton and Susquehanna Townships, Dauphin County, United States Army Corps of Engineers, Baltimore District.

   To construct and maintain: (1) a 137.0-foot long, 36.0-inch CMP road crossing of a UNT to Paxton Creek (WWF) and associated wetlands permanently impacting 170.0-feet of stream and 0.057 acre of PEM wetlands; (2) a 72.0-foot long, 36.0-inch CMP road crossing and associated utilities, permanently impacting 84.0 linear feet of a UNT to Paxton Creek (WWF), and 0.032 acre of PFO wetlands; (3) a 92.0-foot long, 18.0-inch CMP road crossing and associated utilities permanently impacting 0.10 acre of PEM wetlands; (4) an 18.0-inch CMP outfall discharging into a UNT to Paxton Creek (WWF); (5) an 18.0-inch CMP outfall structure discharging into a UNT to Paxton Creek (WWF); (6) an 18.0-inch CMP outfall structure discharging into Paxton Creek (WWF); (7) an 8.0-inch DIP sanitary sewer line crossing PEM wetlands, having 180.0 square feet of temporary disturbance; (8) an 8.0-inch DIP sanitary sewer line crossing a UNT to Paxton Creek (WWF), having 10.0 linear feet of temporary stream disturbance; (9) an 8.0-inch DIP sanitary sewer line crossing PEM wetlands, having 700.0 square feet of temporary disturbance; (10) an 8.0-inch DIP sanitary sewer line crossing PEM wetlands, having 50.0 square feet of temporary disturbance; (11) an 8.0-inch DIP sanitary sewer line crossing a UNT to Paxton Creek (WWF), having 22.0 linear feet of temporary stream disturbance; (12) an 8.0-inch DIP sanitary sewer line crossing a UNT to Paxton Creek (WWF), having 24.0 linear feet of temporary stream disturbance; (13) an 8.0-inch DIP sanitary sewer line crossing a UNT to Paxton Creek (WWF), having 14.0 linear feet of temporary stream disturbance; (14) a 7.0-foot wide, 32.0-foot long parallam (parallel strand lumber) pedestrian bridge on concrete piers with an underclearance of 7.0-feet, as well as an associated 12.0-inch DIP water main and 6.0-inch gas line, permanently impacting 30.0-feet of stream; (15) an 18.0-inch CMP outfall structure discharging into Paxton Creek (WWF); (16) a 6.0-foot wide, 8.0-long wooden pedestrian pedestrian bridge on concrete piers with an underclearance of 3.0-feet, crossing a UNT to Paxton Creek (WWF), permanently impacting 15.0 feet of stream; and (17) an 18.0-inch CMP outfall structure discharging into a UNT to Paxton Creek (WWF) for the purpose of providing access and utilities to a proposed residential subdivision. The project is located north of the intersection of Paxton Church and Crums Mill Roads in Lower Paxton and Susquehanna Townships, Dauphin County (Latitude: 40° 19` 20.9" N; Longitude: 76° 50` 14.1" W; North 13.1", West 12.8").

   E22-537:  Susquehanna Township Authority, Attn: Pamela Winters, 1900 Linglestown Road, Harrisburg, PA 17110, 2nd Street Pump Station Additions and Alterations, Susquehanna Township, Dauphin County, United States Army Corps of Engineers, Baltimore District.

   To replace and maintain an existing dry well pump station with a wet well pump station. The upgrade consists of installing an 8.0-foot diameter concrete section to extend the wet well 3.0 feet above existing grade and to construct a 16.0-foot by 24.0-foot concrete pad elevated 3.0 feet above existing grade for the placement of an emergency generator, electrical controls and pump station valve chamber in the floodplain of the Susquehanna River (WWF). The project is located on 2nd Street (Harrisburg West, PA Quadrangle N:  13.7 inches; W:  3.3 inches, Latitude 40° 19` 31"; Longitude: 76° 53` 53") in Susquehanna Township, Dauphin County. The upgrade will replace outdated and failing equipment.

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

   E10-447, Butler County, Rebecca Fike, 124 West Diamond Street, Butler, PA 16003. McFann Bridge Replacement over Glade Run along Sheldon Road (T-384), in Middlesex, Butler County, United States Army Corps of Engineers, Pittsburgh District (Valencia, PA Quadrangle N:  40° 43` 39"; W:  79° 56` 56").

   This project includes the removal and replacement of the existing McFann Bridge structure at Sheldon Road (T-384) over Glade Run with minor roadway work on the approaches. New structure to have a span of 42`-11.5", under clearance of 4`-5", skew of 75° and a clear roadway width of 22`.

   E42-340, Roger D. and Karen Summerlin, 5037 Oak Bluff Drive, High Ridge, MO 63049-1408. Roger and Karen Summerlin Small Flow Treatment Facility, in Hamlin Township, McKean County, United States Army Corps of Engineers, Pittsburgh District (Hazel Hurst, PA Quadrangle N:  41° 42` 50"; W: 78° 31` 41").

   This project includes the construction of a small flow treatment facility to treat, filter, disinfect and discharge to Warner Brook. The system will serve a single-residence and is located on the north side of Clermont Road 1.25 miles southeast of US Route 6.

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