[38 Pa.B. 619]
[Saturday, February 2, 2008]
[Continued from previous Web Page] 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 (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 Air Pollution Control Act, 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), 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. The 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 the 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 Clean Air Act (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 (related to plan approval requirements), Subchapter D (related to prevention of significant deterioration of air quality) and Subchapter E (related to 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 Air Pollution Control Act.
(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 Air Pollution Control Act 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 section 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 Air Pollution Control Act 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 (P. 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 § 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 the 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 15222-4745For additional information you may contact the following at the same address:
Nicholas J. Waryanka, P. E.
Air Quality Program
(412) 442-4172
Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19428, Janine Tulloch-Reid, Facilities Permitting Chief, (484) 250-5920.
23-00072: Action Supply Co., Inc. (1401 Calcon Hook Road, Sharon Hill, PA 19079) for a renewal of a State-only, Natural Minor Operating Permit to operate three ready-mix concrete plants and a recycling plant with two crushers and a screener in Darby Township, Delaware County. The facility is a minor source of PM emissions. Monitoring, recordkeeping and reporting requirements have been added to the permit to address applicable limitations.
09-00112: Superior Woodcraft, Inc. (160 North Hamilton Road, Doylestown, PA 18901) is a non Title V, Synthetic Minor facility which manufactures high quality wood cabinets in Doylestown Borough, Bucks County. This action is a renewal of the State-only Operating Permit. The initial permit was issued on August 8, 2002. There are three coating booths and a staining operation that have the potential to emit 23 tons of VOC and 10 tons of a single HAP and 25 tons of a combination of HAPs. The facility averages 8.03 tons of VOC emissions per year, and the estimated emissions of HAPs are 5.3 tpy. The renewal contains all applicable requirements including monitoring, recordkeeping and reporting.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ronald Davis, New Source Review Chief, (717) 705-4702.
01-03002: Vulcan Construction Materials, LP (5601 Ironbridge Parkway, Chester, VA 23831) for operation of a limestone crushing plant at their Hanover Quarry in Oxford Township, Adams County. This is a renewal of the State-only operating permit issued in 2003.
01-05015: Sandusky Lee Metal Products (P. O. Box 6, Littlestown, PA 17340) for operation of their metal furniture surface coating facility in Littlestown Borough, Adams County. This is a renewal of the State-only operating permit issued in 2003.
22-05034: Pennsy Supply, Inc. (1001 Paxton Street, Harrisburg, PA 17105) for operation of their Hummelstown Asphalt Plant in South Hanover Township, Dauphin County. This is a renewal of the State-only operating permit issued in 2003.
22-05040: Pennsy Supply, Inc. (1001 Paxton Street, Harrisburg, PA 17105) for operation of the Fiddlers Elbow Asphalt Plant in Lower Swatara Township, Dauphin County. This is a renewal of the State-only operating permit issued in 2003.
28-03012: Martin's Famous Pastry Shoppe, Inc. (1000 Potato Roll Lane, Chambersburg, PA 17201) for operation of the snack food plant in Antrim Township, Franklin County. This is a renewal of the State-only operating permit issued in 2003.
28-05001: Martin's Famous Pastry Shoppe, Inc. (1000 Potato Roll Lane, Chambersburg, PA 17201) for operation of the bakery in Guilford Township, Franklin County. This is a renewal of the State-only operating permit issued in 2003.
36-03037: Martin Limestone, Inc. (P. O. Box 550, Blue Ball, PA 17506) for operation of their Denver Crushing Plant in East Cocalico Township, Lancaster County. This is a renewal of the State-only operating permit issued in 2003.
36-03142: Haines & Kibblehouse, Inc. (P. O. Box 196 Skippack, PA 19474) for operation of their Silver Hill Quarry Crushing Plant in Brecknock Township, Lancaster County. This is a renewal of the State-only operating permit issued in 2003.
38-03022: Murry's, Inc. (1501 Willow Street, Lebanon, PA 17042) for operation of a meat derived food stuff processing plant in the City of Lebanon, Lebanon County. This is a renewal of the State-only operating permit issued in 2002.
38-05028: Milprint, Inc. (5 Keystone Drive, Lebanon, PA 17042) for operation of a flexible packaging printing plant in South Lebanon Township, Lebanon County. This is a renewal of the State-only operating permit issued in 2003.
67-03055: Vulcan Construction Materials, LP (5601 Ironbridge Parkway, Chester, VA 23831) for operation of a limestone crushing plant at their Baker Quarry in West Manchester Township, York County. This is a renewal of the State-only operating permit issued in 2003.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
55-00004: Colonial Furniture Co. (P. O. Box 117, Freeburg, PA 17827) for their wood furniture manufacturing facility in Freeburg Borough, Snyder County. The facility's main sources include four No. 2 fired combustion units, seven spray booths and various woodworking operations. The facility has the potential to emit PM/PM10, NOx, CO, SOx, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
41-00060: Frito Lay, Inc. (220 North Reach Road, Williamsport, PA 17701) for their Frito Lay--Williamsport plant in the City of Williamsport, Lycoming County. The facility's main sources include 18 natural gas fired combustion units, ten propane fired combustion units, one natural gas and propane fired combustion unit, four snack food fryers, three ovens, two extruders, corn kettles, one corn clipper cleaner, two cold cleaning degreaser, one natural gas fired emergency generator and two corn meal storage silos. The facility has the potential to emit SOx, NOx, CO, PM/PM10, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
41-00042: Eastern Wood Products (P. O. Box 1056, Williamsport, PA 17703) for their plant in Old Lycoming Township, Lycoming County. The facility's main sources include one wood-fired boiler, one natural gas-fired boiler, woodworking operations, two storage tanks and eight dry wood kilns. The facility has the potential to emit SOx, NOx, CO, PM/PM10, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
49-00029: Clarks Feed Mill, Inc. (Route 61 North, P. O. Box W, Shamokin, PA 17872) for their animal feed mill in Shamokin Township, Northumberland County. The facility's main sources include one natural gas/No. 2 fuel oil fired boiler, one Forsberg cleaner, two hammermills, two pellet machines and truck and railcar receiving stations. The facility has the potential to emit SOx, NOx, CO, PM/PM10, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable requirements including Federal and State regulations. In addition, monitoring, recordkeeping and reporting conditions regarding compliance with all applicable requirements are included.
59-00006: Dominion Transmission, Inc. (445 West Main Street, Clarksburg, WV 26301) for the renewal of State-only Operating Permit 59-00006 for operation of a natural gas compressor station (Boom Compressor Station) in Lawrence Township, Tioga County.
The facility incorporates a 3,200 horsepower natural gas-fired reciprocating internal combustion compressor engine, a 2,000 horsepower natural gas-fired reciprocating internal combustion compressor engine, a 110 horsepower natural gas-fired reciprocating internal combustion dehydration engine, an emergency generator set incorporating a 400 horsepower natural gas-fired reciprocating internal combustion engine, five small natural gas fired heaters (.25, .05, .10, 1.5 and 5.613 mmBtu/hr heat input) and a solvent parts washer.
The facility has the potential to emit up to 98.58 tons of CO, 47.60 tons of NOx, 18.96 tons of VOCs, 4.75 tons of VHAPs, .60 ton of PM/PM10 and .01 ton of SOx per year.
The facility is not a major (Title V) facility for any air contaminant.
The Department of Environmental Protection (Department) proposes to renew State-only Operating Permit 59-00006. The Department intends to incorporate into this renewal all conditions currently contained in State-only Operating Permit 59-00006 with these exceptions, additions and changes:
1. Conditions requiring a monthly inspection of the facility for the presence of visible air containment emissions, visible fugitive air contaminant emissions and malodorous air contaminant emissions, and the maintenance of records of these inspections, have been removed from the permit as the sources existing at the facility are not the type which would readily generate these types of air contaminant emissions.
2. Conditions requiring the maintenance, and periodic reporting, of records of the ''supporting calculations . . . used to verify compliance'' with various air contaminant emission limitations have, in the case of short-term emission limitations, been removed from the permit, as compliance with the limitations cannot be demonstrated with ''calculations,'' or, in the case of long-term emission limitations, have been changed to require the maintenance, and periodic reporting, of the amount of the respective air contaminants emitted each month.
3. A condition requiring malfunctions to be reported to the Department has been revised to exclude the reporting of malfunctions which do not result in, or potentially result in, air contaminant emissions in excess of an applicable air contaminant emission limitation and/or do not result in, or potentially result in, noncompliance with any operating permit condition.
4. A .05 mmBtu/hr natural gas-fired space heater has been moved from Section G of the permit (Miscellaneous) to Section D and made part of Source 032 and a .10 mmBtu/hr natural gas-fired heater, which had previously been overlooked at the facility, has also been made part of Source 032.
5. Conditions requiring records to be maintained of the number of hours several small heaters (Sources 032 and 033) are operated each month have been removed from the permit as the permit contains no restrictions on the number of hours the respective sources may be operated.
6. A condition has been added to the permit requiring the performance of NOx, CO and VOC stack testing on the facility's 3,200 horsepower engine between July 1, 2011, and June 30, 2012.
7. A solvent parts washer has been added to the permit along with conditions specifying the applicable 25 Pa. Code § 129.63 requirements for parts washers, a condition limiting the VOC emissions from the parts washer to less than 2.7 tons in any 12-consecutive month period and a condition prohibiting the use in the parts washer of halogenated solvents or solvents to which a VHAP has intentionally been added.
8. A condition has been added to the permit limiting the facility's fugitive VOC emissions to less than 8.87 tons in any 12-consecutive month period and its fugitive VHAP emissions to less than 2.10 tons in any 12-consecutive month period as well as conditions requiring the maintenance and periodic reporting of records of the facility's fugitive VOC and fugitive HAP emissions.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.
20-00005: W. L. Dunn Construction Co. (180 North Franklin Street, Cochranton, PA 16314) for a natural minor operating permit to operate the facility's air contamination sources consisting of an asphalt batch plant-liquid asphalt storage, natural gas drum dryer and storage piles; concrete mixing plant-unloading/loading sand/aggregate, storage bins, weigh hopper and mixer; and washer/crusher plant-storage, stock piling, screening and unloading/loading located in the East Fairfield Township, Crawford County.
25-00928: Zurn Industries, Inc.--Specification Drainage Operations (1801 Pittsburgh Avenue, Erie, PA 16514) for a natural minor operating Permit to manufacture plumbing fixture fittings and trim in the City of Erie, Erie County. Emissions of criteria pollutants are low enough to qualify for a Natural Minor Operating Permit.
37-00261: Hickman Williams and Co. (339 Wampum Industrial Park, Wampum, PA 16157) for re-issuance of a Natural Minor Permit to operate metallurgical coke packaging facility in New Beaver Borough, Lawrence County. The significant sources included: 1) Silos 1--3; 2) Bagger No. 4; 3) Silo 4 and 5; 4) Bagger 1, 3 and 5; 5) Material Handling; 6) Material storage (stockpile); and 7) Unpaved/Paved Roads/Areas.
OPERATING PERMITS
PUBLIC HEARINGS
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
PA-04-00235G: FirstEnergy Generation Corp. (P. O. Box 128, Shippingport, PA 15077) to conduct stack testing of PM emissions in concert with visible emission readings and to hear testimony regarding Best Available Retrofit Technology (BART) at the Bruce Mansfield Power Station in Shippingport, Beaver County.
Under Title 25 Pa. Code § 127.48, the Department of Environmental Protection (Department) will hold a public meeting, to be immediately followed by a public hearing, at 6 p.m. on Tuesday, March 11, 2008, at the Lincoln Park Performing Arts Center auditorium located at One Lincoln Park in Midland, PA, 15059.
The purpose of the hearing is to take testimony concerning FirstEnergy Generation Corporation's Plan Approval Application which, if issued, would authorize First Energy to conduct stack testing of PM emissions in concert with visible emission readings under a regulatory procedure established at 25 Pa. Code. § 123.45. The resulting data would be used in making a determination about an Alternative Opacity Limitation for Units Nos. 1 and 2 at the Bruce Mansfield Station, located in Shippingport, Beaver County. Testimony regarding the Department's BART Determination will also be accepted at this hearing.
Those wishing to present oral testimony during the hearing should contact Community Relations Coordinator, Helen Humphreys at (412) 442-4000, before March 11 to register.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact Helen Humphreys or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
Oral testimony will be limited to a maximum of 5 minutes and two written copies of the testimony should be provided. The Department requests that each organization designate one witness to present testimony on its behalf.
Public review of the application and BART proposal are welcome. Both are available at the Department's Southwest Regional Office. Appointments to review the application and proposal can be made by contacting the Department at (412) 442-4000.
Those who are unable to attend the hearing, but wish to comment, should provide written comments to Thomas Joseph, P. E., Air Quality Engineer, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222 or TJoseph@state.pa.us. Comments must be received prior to the close of business on April 11, 2008.
COAL AND NONCOAL MINING ACTIVITY APPLICATIONS Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). Mining activity permits issued in response to applications will also address the applicable permitting requirements of the following statutes: the Air Pollution Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of an application is available for inspection at the district mining office indicated before an application. Where a 401 Water Quality Certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for certification.
Written comments, objections or requests for informal conferences on applications may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the district mining office indicated before an application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34.
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. NPDES permits will contain, at a minimum, technology-based effluent limitations as identified in this notice for the respective coal and noncoal applications. In addition, more restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit, when necessary, for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies who have requested review of NPDES permit requirements for a particular mining activity within the previously mentioned public comment period will be provided with a 30-day period to review and submit comments on the requirements.
Written comments or objections should contain the name, address and telephone number of the person submitting comments or objections; the application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based. Requests for an informal conference must contain the name, address and telephone number of requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor wishes to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Effluent Limits--The following coal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH1 greater than 6.0; less than 9.0 Alkalinity greater than acidity1 1The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: (1) surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; and mined areas backfilled and revegetated; and (2) drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.
Permit Number 30841307 and NPDES Permit No. PA0213438, Emerald Coal Resources, LP, (P. O. Box 1020, Waynesburg, PA 15370), to revise the permit for the Emerald Mine No. 1 in Franklin and Jefferson Townships, Greene County to install 12 ventilation boreholes. Surface Acres Proposed 3.34. No additional discharges. Application received November 6, 2007.
Permit Number 30841313 and NPDES Permit No. PA0022594, Consolidation Coal Company, (1800 Washington Road), to revise the permit for the Dilworth Mine in Cumberland Township, Greene County and related NPDES permit to add a treatment pond and relocated and change flow for the NPDES discharge point. Receiving stream: Monongahela River, classified for the following use: WWF. Application received September 6, 2007.
Permit Number 65831701 and NPDES Permit No. PA0213985, Eastern Associated Coal, LLC, (P. O. Box 1233, Charleston, WV 25624-1233), to renew the permit for the Delmont Treatment Facility in South Huntingdon Township, Westmoreland County and related NPDES permit. No additional discharges. Application received December 19, 2007.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
32080101 and NPDES No. PA0262561. Beth Contracting, Inc., 815 Rock Run Road, Glen Campbell, PA 15742, commencement, operation and restoration of a bituminous surface mine in Banks Township, Indiana County, affecting 8.2 acres. Receiving streams: UNTs to Cush Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. The application includes a stream encroachment to conduct surface mining activities within the barrier area of a UNT to Cush Creek. Application received January 14, 2008.
11050101. E. P. Bender Coal Company, Inc., P. O. Box 594, Carrolltown, PA 15722-0594, revision of an existing bituminous surface mine revisions to erosion and sedimentation control plan and additional treatment facilities, adding a new receiving stream in Cresson Township, Cambria County, affecting 197.7 acres. Receiving streams: UNTs to Bear Rock Run classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Lilly Borough surface water intake to Bear Rock Run, PWS No. 4110046. Application received January 3, 2008.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
16070103 and NPDES Permit No. PA0258326. RFI Energy, Inc. (P. O. Box 162, Sligo, PA 16255). Revisions to an existing bituminous surface operation in Perry Township, Clarion County affecting 132.0 acres. Receiving streams: Two UNTs to the Clarion River, classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is West Freedom Water Association. Revisions to add 7 acres to the permit area and to include coal refuse disposal, the beneficial use of fly ash and a change in the land use from forestland and pastureland or land occasionally cut for hay to unmanaged natural habitat on lands owned by C & K Coal Company. Application received January 15, 2008.
33080101 and NPDES Permit No. PA0258539. MSM Coal Company, Inc. (P. O. Box 243, DuBois, PA 15801) Commencement, operation and restoration of a bituminous strip operation in Pine Creek Township, Jefferson County affecting 23.4 acres. Receiving streams: Cable Run, classified for the following: CWF. There are no potable surface water intakes within 10 miles downstream. Application received January 14, 2008.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
54930101R3 and NPDES Permit No. PA0595934. Char-Pac Coal Company, (P. O. Box 81, Minersville, PA 17954), renewal of an existing anthracite surface mine operation in Branch Township, Schuylkill County affecting 102.8 acres, receiving stream: Schaffer Creek. Application received January 14, 2008.
49080102. Luke Shingara Coal, (297 East Ridge Road, Sunbury, PA 17801), commencement, operation and restoration of an anthracite surface mine operation in Zerbe Township, Northumberland County affecting 19.0 acres, receiving stream: Zerbe Run, classified for the following use: CWF. Application received January 11, 2008.
Noncoal Applications Received
Effluent Limits--The following noncoal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 35 mg/l 70 mg/l 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
Permit No. 4275SM20A and NPDES Permit No. PA0125334. U. S. Silica Company, 12942 Oriskary Road, Mapleton Depot, PA 17052, renewal of NPDES Permit, in Brady Township, Huntingdon County. Receiving streams: Saddler Creek, UNT to Fush Run, Juniata River classified for the following uses: TSF and WWF. There are no potable water supply intakes within 10 miles downstream. Application received January 14, 2008.
FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.
Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications received under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and requests for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E54-332. Game Commission, 448 Snyder Road, Reading, PA 19605-9254, in Manheim Township, Schuylkill County, United States Army Corps of Engineers, Baltimore District.
To construct and maintain a steel I-beam bridge across Stony Creek (CWF) consisting of a 40-foot span and a 3-foot underclearance. The project also includes the removal of an existing concrete ford structure and restoration of the stream banks. The project is located on SGL110 along Pine Road, approximately 500 feet upstream of the confluence with the Schuylkill River (South Manheim Township, PA Quadrangle N: 14.75 inches; W: 8.75 inches).
E40-684. Bruce and Debra Lefkowitz, 129 Butler Street, Kingston, PA 18704, in Harveys Lake Borough, Luzerne County, United States Army Corps of Engineers, Baltimore District.
To relocate an existing 1,100 square foot wood dock and support structures onto owners riparian property in Harveys Lake. The relocated structure will also include the construction of a 485 square foot boathouse with utilities and a 180 square foot covered boat slip. A junior porcupine crib and a black bass nesting structure are proposed as mitigation. The project is located along SR 415 at Pole No. 178 (Harveys Lake, PA Quadrangle N: 21.25 inches; W: 7.63 inches).
Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.
E06-628: WBLF Acquisition Co., LLC, 256 Eagle View Boulevard, PMB231, Exton, PA 19341, Cumru Township, Berks County, ACOE Philadelphia District.
To expand an existing landfill facility a total of 45.0-acres, permanently impacting 0.13-acre of PEM wetlands (Reading, PA Quadrangle N: 9.5 inches; W: 5.0 inches, Latitude: 40° 18` 8.3"; Longitude: 75° 54` 39.3") in Cumru Township, Berks County.
E22-530: Matthew D. Hoffer, Hoffer Farm, Conewago Township, Dauphin County, ACOE Baltimore District.
To install and maintain a 127 foot-long 30-inch CMP in a UNT to Hoffer Creek (TSF) permanently impacting 0.084 acre of PEM wetland, and to fill and maintain 0.255 acre of PEM wetland associated with a UNT to Hoffer Creek (TSF) (Elizabethtown, PA Quadrangle N: 19.25 inches; W: 15.0 inches, Latitude: 40° 13` 51"; Longitude: 76° 36` 23"). The 0.340 acre of permanent PEM wetland impacts will be replaced onsite with a 0.341-acre PEM wetland mitigation area. The project is located approximately 1,000 feet southwest of the intersection of Schoolhouse and Gates Roads in Conewago Township, Dauphin County.
E36-824: Warwick Community Ambulance, 151 North Lane, Lititz, PA 17543, Lititz Borough, Lancaster County, ACOE Baltimore District.
To remove an existing 4,000.0-square foot building, and to construct and maintain a 2,256-square foot building with associated grading and paving, impacting the floodway of Lititz Run (WWF) (Lititz, PA Quadrangle N: 6.0-inches; W: 7.5-inches, Latitude: 40° 9` 25.8"; Longitude: 76° 18` 6.9") for the purpose of constructing a new ambulance facility on North Lane in the Borough of Lititz, Lancaster County.
E06-631: Wachovia Corporation, One South Broad Street, Philadelphia, PA 19107, Hamburg Borough, Berks County, ACOE Philadelphia District.
To excavate a 0.32 acre area of stream bank to a depth of 6.0 inches for the removal of lead contaminated soil, and to stabilize and maintain 363.0 linear feet of stream bank using fabric formed concrete in the floodway and floodplain of a UNT to the Schuylkill River (WWF) (Hamburg, PA Quadrangle N: 10.125 inches; W: 14.375 inches, Latitude: 40° 33` 12.98"; Longitude: 75° 58` 47.37") off of East State Street in Hamburg Borough, Berks County.
E01-274: Joseph Myers, 160 Ram Drive, Hanover, PA 17331, Berwick Township, Adams County, ACOE Baltimore District.
To conduct various activities as follows:
1. To construct and maintain a 9.58-foot by 4.08-foot by 72.0-foot long CMP arch culvert with a 6.0-inch depression, an 8.0-inch diameter water line, an 8.0-inch diameter sanitary sewer line and a 24.0-inch diameter stormsewer line in a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 16.10 inches; W: 0.52 inch, Latitude: 39° 50` 19"; Longitude: 77° 00` 13").
2. To construct and maintain a 9.58-foot by 4.08-foot by 67-foot long CMP arch culvert with a 6.0-inch depression, an 12.0-inch diameter water line and an 8.0-inch diameter sanitary sewer line in a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 16.27 inches; W: 0.30 inch, Latitude: 39° 50` 23"; Longitude: 77° 00` 08").
3. To construct and maintain a 76.0-inch by 48.0-inch by 80.0-foot long elliptical concrete pipe culvert with a 6.0-inch depression, an 8.0-inch diameter water line, an 8.0-inch diameter sanitary sewer line and a 24.0-inch diameter stormsewer line in a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 17.0 inches; W: 0.09 inch, Latitude: 39° 50` 37"; Longitude: 77° 00` 02").
4. To relocate and maintain a 1,105.0-foot long stream channel of a UNT to South Branch Conewago Creek (WWF) (Hanover, PA Quadrangle N: 16.80 inches; W: 17.25 inches, Latitude: 39° 50` 33"; Longitude: 76° 59` 52").
5. To relocate and maintain an 850.0-foot long stream channel of a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 16.90 inches; W: 0.27 inch, Latitude: 39° 50` 35"; Longitude: 77° 00` 07").
6. To place and maintain fill in the floodway of a UNT to South Branch Conewago Creek (WWF) in order to construct a sewage pump station along the left bank and to construct and maintain a 24.0-inch diameter pipe culvert (McSherrystown, PA Quadrangle N: 16.05 inches; W: 0.80 inch, Latitude: 39° 50` 18"; Longitude: 77° 00` 21").
7. To construct and maintain an 18.0-inch diameter by 92.0-foot long RC pipe culvert with a 6.0-inch depression, an 8.0-inch diameter water line and an 8.0-inch diameter stormsewer line in a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 17.22 inches; W: 0.38 inch, Latitude: 39° 50` 43"; Longitude: 77° 01` 13").
8. To construct and maintain a 24.0-inch diameter by 80.0-foot long RC pipe culvert with a 6.0-inch depression, an 8.0-inch diameter water line and an 18.0-inch diameter stormsewer line in a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 17.32 inches; W: 0.50 inch, Latitude: 39° 50` 43"; Longitude: 77° 00` 13").
9. To construct and maintain a 6.0-inch diameter sanitary sewer line, an 8.0-inch diameter stormsewer line and a 12.0-inch diameter water line in a UNT to South Branch Conewago Creek (WWF) (McSherrystown, PA Quadrangle N: 16.88 inches; W: 0.50 inch, Latitude: 39° 50` 35"; Longitude: 77° 00` 13").
10. To construct and maintain a 68.0-inch by 43.0-inch by 75.0-foot long elliptical concrete pipe culvert with a 6.0-inch depression and a 6.0-inch diameter water line in a UNT to South Branch Conewago Creek (WWF) (Hanover, PA Quadrangle N: 16.0 inches; W: 17.54 inches, Latitude: 39° 50` 17"; Longitude: 76° 59` 60").
All activities are related to the construction of a proposed housing development called Cambrian Hills located just east of Carlisle Pike (PA 94) about 0.5 mile from the Adams and York County line in Berwick Township, Adams County.
E67-829: Kenneth Martin, Ph.D., York College of Pennsylvania, Campus Operations, Miller Administration Building, 439 Country Club Road, York, PA 17403, Spring Garden Township, York County, ACOE Baltimore District.
To remove an existing pedestrian footbridge, then to construct and maintain a 48.0-inch by 76.0-inch by 40.0-foot elliptical concrete pipe culvert in a UNT to Tyler Run (WWF) (York, PA Quadrangle N: 13.2 inches; W: 15.0 inches, Latitude: 39° 56` 52"; Longitude: 76° 43` 55") along Springettsbury Avenue in Spring Garden Township, York County.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E04-320. Castlebrook Development Group, the Bank Tower, 307 Fourth Avenue, Pittsburgh, PA 15222-2102. To construct stream bank protection in Rochester Borough, Beaver County, Pittsburgh ACOE District (Beaver, PA Quadrangle N: 13.3 inches; W: 4.0 inches, Latitude: 40° 41` 54"; Longitude: 80° 16` 50"). The applicant proposes to construct and maintain a stream bank protection project for a distance of approximately 1,500.0 linear feet in the channel and along the right bank of the Ohio River (WWF) for the purpose of stabilizing the stream bank for the purpose of constructing the Rochester Riverfront Development. The project is located approximately 1,000.0 feet upstream from the Monaca-Rochester Bridge and will impact approximately 1,500.0 linear feet of stream channel.
E26-348. Chestnut Ridge Storage, LLC, 10000 Memorial Drive, Suite 200, Houston, Texas 77024-3410. To construct a culvert and impact wetlands in Dunbar, North Union, South Union, Georges, Springhill and Wharton Townships, Fayette County, Pittsburgh ACOE District. The applicant proposes to construct and maintain the following activities for the purpose of developing a depleted reservoir natural gas storage facility, the Junction Natural Gas Storage Project.
1. Twenty-seven stream crossings and three wetland crossings associated with the 17 miles of gathering pipeline across Mountain Creek (CWF), Rubles Run (CWF), Dunbar Creek (CWF) and their UNTs (CWF) in accordance with the Department of Environmental Protection's General Permit No. 5 (Brownfield, PA Quadrangle N: 8.12 inches; W: 16.83 inches, Latitude: 39° 47` 40.934"; Longitude: 79° 44` 41.299").
2. A 50 foot long culvert (identified as SA24) under a proposed access road in a UNT to Rubles Run (Lake Lynn, PA Quadrangle N: 18.3 inches; W: 7.27 inches, Latitude: 39° 43` 32.77"; Longitude: 79° 48` 6.152").
3. Permanent impacts to three wetlands, for a total area of 0.034 acre, which consist of 0.015 acre of filling one wetland for the development of a well pad, and filling of 0.019 acre of two wetlands associated with access roads (Lake Lynn, PA Quadrangle N: 18.3 inches; W: 7.27 inches, Latitude: 39° 43` 32.77"; Longitude: 79° 48` 6.152").
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E16-136, Porter Township Supervisors, 9485 Curllsville Road, New Bethlehem, PA 16242. T-750 Leisure Road Bridge Replacement over Leisure Run (CWF), in Porter Township, Clarion County, ACOE Pittsburgh District (New Bethlehem, PA Quadrangle N: 41° 01` 23.2"; W: 79° 19` 54.4").
To remove the existing steel stringer/floor beam bridge w/open grate deck having a clear span of 23`, a minimum underclearance of 5.2`, and an out-to-out width of 16.5` and to construct and maintain a reinforced concrete box culvert having a clear span of 23`, an effective rise of 7.5` an out-to-out width of 42` on an 81° skew carrying T-750 over Leisure Run approximately 40` from the intersection of SR 0066 and T-750 just north of the Borough of New Bethlehem.
E37-176, Mahoning Township, 4538 West State Street, Hillsville, PA 16132. Mahoning Township WWTP and Sewer Line Project, in Mahoning Township, Lawrence County, ACOE Pittsburgh District (Edinburg, PA Quadrangle N: 40.0081°; W: 80.4678°).
The applicant proposes to construct and maintain a 0.36 mgd wastewater treatment plant and a sewage collection system consisting of grinder pumps, lift stations, gravity lines, and low-pressure sewers and having a length of approximately 102,000 feet to correct malfunctioning onlot systems in Mahoning Township involving to construct and maintain: 1) a sewer line stream crossing of the Mahoning River by directional bore; 2) 26 sewer line stream crossings of UNTs to the Mahoning River; 3) 4 sewer line wetland crossings; and 4) to permanently fill 0.04 acre of wetland. The Mahoning River and tributaries are classified as WWF. The project proposes to directly impact approximately 0.05 acre of stream and 0.04 acre of wetland.
ENVIRONMENTAL ASSESSMENTS Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
EA01-007: Gettysburg National Military Park, 105 Taneytown Road, Gettysburg, PA 17325, Cumberland Township, Adams County, ACOE Baltimore District.
To construct and maintain a 6.0-inch waterline in and across Plum Creek (WWF) (Gettysburg, PA Quadrangle; Latitude: 39° 48` 60"; Longitude: 77° 14` 30") for the purpose of providing service and fire protection to historical buildings south of United States Avenue, 0.42 mile east of the intersection with US Highway 15 in Cumberland Township, Adams County.
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