Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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

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

PA Bulletin, Doc. No. 08-1296a

[38 Pa.B. 3828]
[Saturday, July 12, 2008]

[Continued from previous Web Page]

PUBLIC WATER SUPPLY (PWS) PERMIT

   Under the Pennsylvania Safe Drinking Water Act (35 P. S. §§ 721.1--721.17), the following parties have applied for a PWS permit to construct or substantially modify a public water system.

   Persons wishing to comment on a permit application are invited to submit a statement to the office listed before the application within 30 days of this public notice. Comments received within the 30-day comment period will be considered in the formulation of the final determinations regarding the application. Comments should include the name, address and telephone number of the writer and a concise statement to inform the Department of Environmental Protection (Department) of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held after consideration of comments received during the 30-day public comment period.

   Following the comment period, the Department will make a final determination regarding the proposed permit. Notice of this final determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.

   The permit application and any related documents are on file at the office listed before the application and are available for public review. Arrangements for inspection and copying information should be made with the office listed before the application.

   Persons with a disability who require an auxiliary aid, service or other accommodations to participate during the 30-day public comment period should contact the office listed before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

SAFE DRINKING WATER


Applications Received under the Pennsylvania Safe Drinking Water Act

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

   Application No. 4508501, Public Water Supply.

Applicant Pennsylvania American Water
Stroud Township
Monroe County
Responsible Official David Kaufman
Pennsylvania American Water
800 West Hersheypark Drive
Hershey, PA 17033
Type of Facility PWS
Consulting Engineer Francis M. Voyack, P. E.
Quad Three Group, Inc.
37 North Washington Street
Wilkes-Barre, PA 18701
Application Received Date June 11, 2008
Description of Action Application proposes the construction of the Blue Mountain Lake Booster Station and installation of 2,000 feet of 6-inch distribution system main as part of the proposed project.

   Southcentral Region:  Water Supply Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Permit No. 0108510, Public Water Supply.

Applicant The York Water Company
Municipality Berwick Township
County Adams
Responsible Official Mark S. Snyder
Engineering Manager
130 East Market Street
P. O. Box 15089
York, PA 17405-7089
Type of Facility Public Water Supply
Consulting Engineer Mark S. Snyder, P. E.
The York Water Company
130 East Market Street
P. O. Box 15089
York, PA 17405-7089
Application Received: June 11, 2008
Description of Action Race Track Road standpipe chlorine booster installation.

   Northcentral Region:  Water Supply Management Program Manager, 208 West Third Street, Williamsport, PA 17701.

   Permit No. 4708501---Construction, Public Water Supply.

Applicant DeLong Green Acres Personal Care Home
Township or Borough Washingtonville Borough
County Montour
Responsible Official Bruce Hunsinger, Owner
DeLong Green Acres PCH
8 Church Street
P. O. Box 243
Washingtonville, PA 17884
Type of Facility Public Water Supply--Construction
Consulting Engineer Britt Bassett, P. E., B.C.E.E.
Bassett Engineering
1440 Broad Street
Montoursville, PA 17754
Permit Issued Date June 27, 2008
Description of Action Application for a permit to operate a community water supply and installation of a reverse osmosis treatment system.

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

   Application No. 2508502, Public Water Supply.

Applicant Fairview Township Water Authority
Township or Borough Fairview Township
Erie County
Responsible Official John R. Agnello, Manager
Consulting Engineer Mark J. Corey, P. E.
Mark J. Corey & Associates
5845 Jordan Road
Erie, PA 16510
Application Received Date June 24, 2008
Description of Action Construction of new PWS water well, known as Well No. 6 and related pumping equipment/instrumentation.

   Central Office:  Bureau Director, Water Standards and Facility Regulation, P. O. Box 8467, Harrisburg, PA 17105-8467.

   Permit No. 9996217, Public Water Supply.

Applicant Nestle Waters North America, Inc.
Township or Borough Poland Spring, ME
Responsible Official Sathie Thayagan
Quality Control Manager
Type of Facility Out-of-State Bottled Water System
Application Received Date June 20, 2008
Description of Action Applicant requesting Department of Environmental Protection approval to use new municipal source (Auburn Municipal Water) to produce a new distilled water product (Poland Spring Distilled Water). Bottled water to be sold in Pennsylvania under the brand names; Deer Park Natural Spring Water, Ice Mountain Natural Spring Water, Poland Spring Natural Spring Water, Poland Spring Sparkling Spring Water and Poland Spring Distilled Water.

   Permit No. 9996427, Public Water Supply.

Applicant Polar Beverages Corp.
Township or Borough Worcester, MA
Responsible Official Gina Brooks, QC Administrator
Type of Facility Out-of-State Bottled Water System
Application Received Date June 20, 2008
Description of Action Applicant requesting a permit amendment to use new municipal source water (Worcester Municipal Water) to produce a new purified bottled water product. Bottled water to be sold in Pennsylvania under the brand names Silver Spring Pure Natural Spring Water and Adirondack Purified Water.

MINOR AMENDMENT

   Southwest Region:  Water Supply Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   Application No. 2608503MA, Minor Amendment.

Applicant Municipal Authority of Westmoreland County
124 Park and Pool Roads
New Stanton, PA 15672
Township or Borough New Stanton Borough
Hempfield Township
Responsible Official Curtis Fontaine, Operations Manager
Engineering, Municipal Authority of Westmoreland County
124 Park and Pool Roads
New Stanton, PA 15672
Type of Facility Water treatment plant
Consulting Engineer Gibson-Thomas Engineering Co., Inc.
1004 Ligonier Street
P. O. Box 853
Latrobe, PA 15650
Application Received Date June 27, 2008
Description of Action Installation of a 48" transmission main to replace an existing 20" line.

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

   Application No. 2577501-MA1, Minor Amendment.

Applicant Edinboro Borough Municipal Authority
Township or Borough Edinboro Borough
Erie County
Responsible Official Taras Jemetz, Manager
124 Meadville Street
Edinboro, PA 16412
Type of Facility Public Water System, 500,000 gallon water storage tank.
Application Received Date June 2, 2008
Description of Action Recoat interior of 500,000 gallon Sherrod Hill Road Tank.

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.

   5134 Lancaster Avenue, City of Philadelphia, Philadelphia County. Charlene Drake, REPSG, Inc., 6901 Kingsessing Avenue, Suite 201, Philadelphia, PA 19142 on behalf of Jenny Reynolds, REPSG, Inc., 6901 Kingsessing Avenue, Suite 201, Philadelphia, PA 19142 has submitted a Notice of Intent to Remediate. Groundwater and soil at the site has been impacted with the release of unleaded gasoline. The future use of the site will remain the same.

   Turner Apartments, Glenolden Borough, Delaware County. Nadia Botros, 820 Hawthorne Avenue, Secane, PA 19018 has submitted a Notice of Intent to Remediate. Groundwater and soil at the site has been impacted with the release of No. 2 fuel oil. The future use of the site will remain the same.

   Lukas Property, Radnor Township, Delaware County. Jeffery S. Fitch, EPCORP, LTD-FITCH ENVIRONMENTAL, P. O. Box 493, Southeastern, PA 19399 on behalf of Joseph T. Lukas, 714 Moonraker Court, Smithville, NJ 08205 has submitted a Notice of Intent to Remediate. Groundwater at the site has been impacted with the release of chlorinated solvents. The proposed future use of the site will be nonresidential for continued use as an automotive repair shop. A summary of the Notice to Intent to Remediate was reported to have been reported in the Delaware County Daily Times on May 23, 2008.

   St. John Neumann Place, LP, City of Philadelphia, Philadelphia County. Christopher Orzechowski, Keating Environmental Management, Inc., 123 John Robert Thomas Drive, Exton, PA 19341 on behalf of Suzanne O'Gady Laurito, St. John Neumann Place, LP, 1941 Christian Street, Philadelphia, PA 19146 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by the release of PAH. The future use of the site will remain the same.

   1702-1708 Tulip Street, City of Philadelphia, Philadelphia County. Guy Sheets, Pirnie, 640 Freedom Business Center, Suite 310, King of Prussia, PA 19406 on behalf of Kenneth Chadwick, Temple East, Inc., d/b/a Northeastern Hospital, 2301 East Allegheny Avenue, Philadelphia, PA 19134 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of unleaded gasoline. The future use of the site will remain the same.

   3662 Market Street, Upper Chichester Township, Delaware County. Raymond P. Duchanie, PG, ENVision Environmental, Inc., 130 Hickman Road, Suite 26, Claymont, DE 19703 on behalf of Grey T. Harvey, Wawa, Inc., 260 West Baltimore Pike, Wawa, PA 19063 has submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of lead. The future use of the site is being considered for development into a convenience store with retail gasoline sales. A summary of the Notice to Intent to Remediate was reported the Delaware County Daily Times on June 13, 2008.

   Gantz Residence, Norwood Borough, Delaware County. Staci Cottone, J & J Spill Service, P. O. Box 370, Blue Bell, PA 19422 on behalf of Ronald Gantz, 106 Elmwood Avenue, Norwood, PA 19074 has been submitted a Notice of Intent to Remediate. Soil at the site has been impacted by release of No. 2 fuel oil. The future use of the site will remain the same. A summary of the Notice of Intent to Remediate was reported to have been published in the Delaware County Daily Times on May 23, 2008.

   Southcentral Region:  Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Bryan Horetsky Residence, Taylor Township, Blair County. Groundwater and Environmental Services, Inc., 6 Sheraton Drive, Suite 2, Altoona, PA 16601, on behalf of Bryan Horetsky, 131 Brumbaugh Road, Roaring Spring, PA 16673, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with No. 2 fuel oil. The site will be rememdiated to the Statewide Health Standard.

INFECTIOUS AND CHEMOTHERAPEUTIC WASTE TRANSPORTER LICENSES


Applications received or withdrawn under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003) and Act 93 of June 28, 1988 (P. L. 525, No. 93) and regulations to transport infectious and chemotherapeutic waste.

   Central Office:  Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, P. O. Box 8471, Harrisburg, PA 17105-8471.

   Renewal Applications Received

   Environmental Waste Minimization, Inc., 14 Brick Kiln Court, Northampton, PA 18067. License No. PA-HC 0219. Received on April 28, 2008.

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. 301310. Tri-State Petroleum Recovery, 12 Creek Road, McKees Rocks, PA 15136-1601. Tri-State Petroleum Recovery, 12 Creek Road, P. O. Box 12, McKees Rocks, PA 15136-1601. Application for a permit renewal of a residual waste transfer facility in Kennedy Township, Allegheny County was received in the Regional Office on June 26, 2008.

AIR QUALITY

PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS

NEW SOURCES AND MODIFICATIONS

   The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.

   The Department has received applications for plan approvals and/or operating permits from the following facilities.

   Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.

   Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984. Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.

PLAN APPROVALS


Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.

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

   06-05005C: Eastern Industries, Inc. (4401 Camp Meeting Road, Center Valley, PA 18034) for use of waste derived fuel oil at their Oley Blacktop Plant on Bieber Mill Road, Oley, PA 19547 in Oley Township, Berks County. This is an existing facility controlled by the use of a fabric filter baghouse.

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

   14-00014D: Glenn O. Hawbaker, Inc. (711 East College Avenue, Bellefonte, PA 16823) for construction of a stone crusher, recycled asphalt pavement (RAP) crusher, two RAP screens, various conveyors, feeders, bins and silos, portable stone crushing plant and associated 425 horsepower diesel-fired engine, 251 horsepower diesel-fired generator, 105 horsepower diesel-fired pump, 127 horsepower diesel-fired pump and 4.2 million gallon asphalt storage tank and the installation of two fabric collectors on the facility's secondary stone crushing plant in Spring Township, Centre County.


Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.

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

   15-0125: PPL Renewable Energy, LLC (Swedesford Road and Valley Creek Boulevard, Exton, PA 19341) for installation of two natural gas-fired Catterpillar reciprocating internal combustion engines in East Whiteland Township, Chester County. The pollutants of concern from the proposed operation include NOx, VOC, CO and PM emissions. NOx and VOC emissions will have the potential to exceed Title V thresholds, however, the facility will utilize air pollution control devices to maintain emissions below 25 tpy. The Plan Approval will contain recordkeeping and operating restrictions designed to keep the facility operating within the allowable emissions and all applicable air quality requirements.

   09-0110E: Riverside Construction Materials, Inc. (7900 North Radcliffe Street, Bristol, PA 19007) for approval of an existing load-out station, construction of a new dust collector and construction of a new load-out station in Bristol Township, Bucks County. The existing load-out station, designated Truck Load-out No. 1 with Dust Collection (Source ID: 108), consists of two identical chutes with dust controls. Truck Load-out No. 1 with Dust Collection can load cement into two cement trucks at one time. A new load-out station will be installed, designated Load-out No. 2 with Dust Collection (Source ID: 109), consisting of one chute with dust controls. Load-out No. 2 with Dust Collection will only load one truck at a time. The new dust collector, designated Dome No. 2 Dust Collector (Source ID: C04), will be used in conjunction with an existing dust collector to control emissions from three cement storage units at the facility. This application will result in an increase of controlled PM emissions of 0.19 tpy. The Plan Approval will contain monitoring, recordkeeping and operating conditions designed to keep the facility operating within the allowable emissions and all applicable air quality requirements.

   46-0240A: Smithfield Beef Group, Inc. (249 Allentown Road, Souderton, PA 18964) plan approval for the modification of emission limitations contained in the previously issued plan approval No. 46-0240 for a 29.9 mmBtu/hr Boiler fired by natural gas, No. 2 fuel oil and animal fat/vegetable oil in Franconia Township, Montgomery County. This plan approval supersedes Conditions Nos. 12 and 13 of the previously issued plan approval No. 46-0240. The facility is currently operating under the State-only Operating Permit No. 46-00240. The plan approval will include monitoring, testing, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.

   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 and Sons, Inc. (99 Grow Avenue, P. O. Box 246, Montrose, PA 18801) for construction of one 10.84 mmBtu/hr wood fired boiler at their facility in Bridgewater Township, Susquehanna County. This facility is not a Title V facility. Primary and secondary multiclones will control the PM from the wood fired boiler. Annual emissions from the boiler shall not exceed the following: 10.45 tons of NOx, 1.19 tons of SO2, 28.49 tons of CO, 26.59 tons of PM and 0.81 ton of VOC. The boiler is subject to NSPS Subpart Dc of the Federal Standards of Performance for Nonmetallic Mineral Processing Plants, 40 CFR 60.40c--60.48c. The plan approval will include all appropriate monitoring, recordkeeping and reporting requirements designed to keep the source operating within all applicable air quality requirements.

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

   36-03052B: Boose Aluminum Foundry Co., Inc. (P. O. Box 261, 77 North Reamstown Road, Reamstown, PA 17567-0261) for replacing a molding line in Reamstown, Lancaster County. A baghouse will be added to control sand handling emissions. Increase in emissions will be less than 1 tpy of PM. The facility is a State-only facility. The approval will include monitoring, work practices, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.

   Southwest Region:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.

   PA-26-00574A: Stone Materials, LLC (Stone Materials, LLC, P. O. Box 423, Reedsville, WV 26547) for constructruction of a Nonmetallic Mineral Processing Plant in Georges Township, Fayette County.

   Under 25 Pa. Code § 127.44(a), the Department of Environmental Protection (Department) intends to issue a Plan Approval to Stone Materials, LLC (Stone Materials, LLC, P. O. Box 423, Reedsville, WV 26547) to construct a Nonmetallic Mineral Processing Plant located in Georges Township, Fayette County.

   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 Special Conditions and General Conditions on the Plan Approval:

   Special Conditions

   1.  This Plan Approval is to allow the construction and operation of a nonmetallic mineral processing plant rated at 250 tph at the Rhehoboth Quarry located in Georges Township, Fayette County. (25 Pa. Code § 127.12b)

   2.  Air contamination sources covered by this Plan Approval include the following: (25 Pa. Code § 127.12b)

   *  One Nordberg 250 tph Jaw Crusher

   *  One Simplicity 250 tph Triple Deck Screen

   *  One Symons 250 tph Standard Cone Crusher

   *  Seven 250 tph Belt Conveyors

   *  Truck unloading to raw material stockpile transfer point

   *  Loading raw material stockpile to grizzly feeder transfer point

   *  Grizzly feeder to jaw crusher transfer point

   *  Fifteen transfer points between conveyors and crushers, screen and stockpiles

   *  Loading processed material onto trucks transfer point

   *  Truck unloading to processed material stockpiles near plant entrance transfer point

   *  Loading processed material onto trucks for shipment transfer point

   *  Wind erosion of stockpiles

   *  Front end loader traffic on unpaved haul roads

   *  Raw material truck traffic on unpaved haul roads

   *  Product truck traffic on unpaved haul roads

   3.  The throughput of the facility shall be limited to 500,000 tpy. (25 Pa. Code § 127.12b)

   4. Records of throughput shall be kept to determine compliance with the conditions of the plan approval. (25 Pa. Code § 127.12b)

   5. This plant is subject to the applicable provisions of Standards of Performance for Nonmetallic Mineral Processing Plants set forth in 40 CFR Part 60, Subpart OOO. In accordance with 40 CFR 60.4, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both Environmental Protection Agency (EPA) and the Department at the addresses that follows unless otherwise noted:

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

   6. The Owner/Operator shall not permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source, in such a manner that the malodors are detectable outside the property of the facility. (25 Pa. Code § 123.31)

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

   8. The plant shall be equipped with a water spray dust suppression system which shall be operated on any and all occasions that each respective unit is operated. Water spray bars shall be located at each screen, crusher and transfer point and operated as necessary to prevent visible fugitive emissions from each respective unit. (25 Pa. Code § 127.12b)

   9. A pressurized water truck shall be available to the site and utilized as necessary to prevent visible fugitive emissions from the plant and limit visible fugitive emissions from the use of roadways to zero at the property line. (25 Pa. Code § 127.12b)

   10. The Owner/Operator shall perform a daily inspection for the presence of visible fugitive emissions and malodorous emissions from the emission sources covered by this plan approval. Records of the inspections shall be maintained in a log and include any corrective actions taken. (25 Pa. Code § 127.12b)

   11.  The Owner/Operator shall submit an annual facility-wide emissions report (AIMS Report) to the Department by March 1 of each year for the previous calendar year. (25 Pa. Code § 135.3)

   12.  All required records shall be kept onsite for a period of 5 years and be made available to the Department upon request. (25 Pa. Code § 127.12b)

   13.  This Plan Approval authorizes the temporary operation of the sources covered by this Plan Approval provided the following conditions are met: (25 Pa. Code § 127.12b)

   (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 written Notice of the Completion of Construction from the Owner/Operator the Department shall authorize a 180-day Period of Temporary Operation of the sources from the date of commencement of operation. The 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 an application for revision to a State-only Operating Permit to the Department 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 180-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.

   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 Environmental Protection (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 Pennsylvania 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 or G (relating to operating permits; and 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), previously.

   (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 sections 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, Subchapters B, D and E (relating 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 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 section 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. 106-40).

   (b) The permittee shall prepare and implement a Risk Management Plan (RMP) which meets the requirements of section 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 40 CFR 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 onsite 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)

   Any person wishing to provide the Department 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:

Nicholas J. Waryanka, P. E.
Air Quality Engineer
(412) 442-4172

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

   20-005B: W. L. Dunn Construction Co. (180 North Franklin Street, Cochranton, PA 16314) for a plan approval to modify the throughput restrictions at the applicant's existing hot mix asphalt plant in East Fairfield Township, Crawford County.

   Under 25 Pa. Code §§ 127.44(a) and 127.424(b), the Department of Environmental Protection (Department) intends to issue a Plan Approval for their facility in East Fairfield Township, Crawford County. It will authorize the applicant to average their production rates over their daily production period to meet their current maximum production rate, as well as allow for a higher single-hour production limit during peak production events. The Plan Approval will subsequently be incorporated into the facility's Operating Permit through an administrative amendment in accordance with 25 Pa. Code § 127.450.

   This installation will result in no increase in annual emissions. The Plan Approval includes emissions restrictions for PM, fuel restrictions and restrictions on hourly and annual throughput, and will also include appropriate testing, recordkeeping and work practice requirements as needed to demonstrate compliance with applicable air quality requirements.

   Copies of the application, the Department's analysis and other documents used in the evaluation are available for public inspection between the hours of 8 a.m. and 4 p.m. weekdays at the address shown. To make an appointment, contact Records Management at (814) 332-6340, for an appointment.

   Anyone wishing to provide the Department with additional information they believe should be considered may submit the information to the address shown. Comments must be received, by the Department, within 30 days of the last day of publication. Written comments should include the following:

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

   2.  Identification of the proposed Plan Approval No. 20-005B.  

   3.  Concise statement regarding the relevancy of the information or any objections to issuance of the Plan Approval.

   A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted on the comments received during the public comment period. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or the Pennsylvania Bulletin or by telephone, where the Department determines such notification is sufficient. Written comments or requests for a public hearing should be directed to John Guth, Regional Air Quality Manager, Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.

   25-124C: Scrap Salvage & Surplus, Inc. (690 Glenwood Way, Butler, PA 16001), Notice is hereby given, under 25 Pa. Code §§ 127.44(a) and 127.424(b), that the Department of Environmental Protection (Department) intends to issue a Plan Approval for their facility located in Center Township, Butler County. This plan approval will authorize the applicant to install a 32,000 acfm capacity baghouse on their existing mobile torch cutting operation, to replace an existing 16,000 scfm capacity unit. The Plan Approval will subsequently be incorporated into the facility's Operating Permit through an administrative amendment in accordance with 25 Pa. Code § 127.450.

   This installation will result in no net increase in emissions. The plan approval includes emissions restrictions for PM and SOx, and will also include appropriate recordkeeping and work practice requirements as needed to demonstrate compliance with applicable air quality requirements.

   Copies of the application, the Department's analysis and other documents used in the evaluation are available for public inspection between the hours of 8 a.m. and 4 p.m. weekdays at the address shown. To make an appointment, contact Records Management at (814) 332-6340, for an appointment.

   Anyone wishing to provide the Department with additional information they believe should be considered may submit the information to the address shown. Comments must be received, by the Department, within 30 days of the last day of publication. Written comments should include the following:

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

   2.  Identification of the proposed Plan Approval No. 10-346B.

   3.  Concise statement regarding the relevancy of the information or any objections to issuance of the Plan Approval.

   A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted on the comments received during the public comment period. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a local newspaper of general circulation or the Pennsylvania Bulletin or by telephone, where the Department determines the notification is sufficient. Written comments or requests for a public hearing should be directed to John Guth, Regional Air Quality Manager, Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.

   Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.

   AMS 08091: LVI Environmental Services (2250 East Adams Avenue, Philadelphia, PA 19124) for operation of an Extec Megabite C-12 concrete crusher with a 300 horsepower diesel engine in the City of Philadelphia, Philadelphia County. There will be a potential annual emission increase of 8.6 tons of NOx for the facility. The Plan Approval will contain operating, testing, monitoring and recordkeeping requirements to ensure operation within all applicable requirements.

[Continued on next Web Page]



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

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