[39 Pa.B. 1877]
[Saturday, April 11, 2009]
[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 APCA (35 P. S. § 4003) and 25 Pa. Code § 121.1. (25 Pa. Code § 121.1)
2. The issuance of this plan approval does not prevent the future adoption by the Department of any rules, regulations or standards, or the issuance of orders necessary to comply with the requirements of the Federal Clean Air Act (CAA) or the Pennsylvania Air Pollution Control Act (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).
(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 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 (related to plan approval requirements; prevention of significant deterioration of air quality; and new source review) shall be submitted. (25 Pa. Code § 127.13)
7. (a) This plan approval may not be transferred from one person to another except when a change of ownership is demonstrated to the satisfaction of the Department and the Department approves the transfer of the plan approval in writing.
(b) Section 127.12a (relating to compliance review) applies to a request for transfer of a plan approval. A compliance review form shall accompany the request.
(c) This plan approval is valid only for the specific source and the specific location of the source as described in the application. (25 Pa. Code § 127.32)
8. (a) Under 35 P. S. § 4008, no person shall hinder, obstruct, prevent or interfere with the Department or its personnel in the performance of any duty authorized under the APCA.
(b) The permittee shall also allow the Department to have access at reasonable times to said sources and associated air cleaning devices with such measuring and recording equipment, including equipment recording visual observations, as the Department deems necessary and proper for performing its duties and for the effective enforcement of the APCA and regulations adopted under the act.
(c) Nothing in this plan approval condition shall limit the ability of the Environmental Protection Agency (EPA) to inspect or enter the premises of the permittee in accordance with 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 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. No. 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)
SPECIAL CONDITIONS
1. This Plan Approval authorizes the construction and temporary operation of air pollution sources and control devices associated with wood pellet manufacturing at the Tri-State Bio Fuels Lemont Pellet Plant located in North Union 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):
(a) Webb 50 mmBtu Biomass burner fitted to MEC 60-12 Drum Dryer.
(b) Hammer mill.
(c) Feedstock sizing screen.
(d) Two pellet mills.
(e) Pellet cooler.
(f) Rotoshaker.
3. Air pollution control equipment at the Facility includes the following (25 Pa. Code § 127.12b):
(a) CGS 6-45 Type V2 6-Pack Multiclone, rated at 60,000 CFM.
(b) MAC 144LVS64 Baghouse, rated at 9,360 SCFM.
(c) Clark LP-120 LG 83-302 cyclone, rated at 10,000 ACFM.
(d) Wheelabrator A126893 baghouse, rated at 10,000 SCFM.
4. At no time shall visible emissions from each stack at the facility be equal to or greater than 20% opacity for a period or periods aggregating more than 3 minutes in any one hour, or equal to or greater than 60% opacity at any time (25 Pa. Code § 123.41).
5. The Owner/Operator shall not permit the emission of, into the outdoor atmosphere, 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).
6. There shall be no fugitive emissions from the facility contrary to 25 Pa. Code §§ 123.1 and 123.2.
7. At no time shall any source at this facility be operated without the simultaneous operation of each associated control device (25 Pa. Code § 127.12b).
8. The owner/operator shall maintain the following records on a 12-month rolling basis to be made available to the Department upon request (25 Pa. Code § 127.12b):
(a) Monthly quantity of fuel used in the dryer (expressed in tons).
(b) Monthly quantity of wood pellets produced (expressed in tons).
(c) Monthly number of hours of dryer operation.
(d) Weekly, facility-wide visible (stack), fugitive and malodorous emissions inspections.
(e) The maintenance schedule for, and records of, all maintenance activities performed on the biomass burner and on each control device.
9. Emissions from the facility shall be limited to the following:
(a) PM10 9.6 lbs/hr 46.6 tpy (b) NOx 0.14 lb/mmBtu 6.8 lbs/hr 29.8 tpy (c) CO 0.14 lb/mmBtu 6.9 lbs/hr 30.1 tpy 10. PM emissions from the sawdust dryer multiclone shall not exceed 0.04 gr/dscf. (25 Pa. Code § 123.13)
11. Stack testing of the drum dryer shall be performed by an appropriately certified entity within 180 calendar days of initial start-up, but no later than 90 days of achieving maximum production, and retested a minimum of once every 5 years thereafter. Testing shall be conducted in accordance with the provisions of 25 Pa. Code § 139 and the Department's Source Testing Manual.
(a) Tests shall be conducted for the following regulated pollutants (25 Pa. Code § 139):
i. NOx (as NO2) expressed in lb/mmBtu and lbs/hr.
ii. CO expressed in lb/mmBtu and lbs/hr.
iii. PM10, expressed in gr/dscf and lbs/hr.
iv. EPA Method 9 visible emission readings, expressed as percent (%) opacity.
(b) At least 45 calendar days prior to commencing an emissions testing program, a test protocol shall be submitted to the Department for review and approval. The test protocol shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual. (25 Pa. Code § 139.3)
(c) One copy of the pretest protocol shall be submitted to the Regional Office and two copies of the pre-test protocol shall be submitted to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring, 400 Market Street, 12th Floor, Rachael Carson State Office Building, Harrisburg, PA 17105-8468. (25 Pa. Code § 139.3)
(d) At least 15 calendar days prior to commencing an emission testing program, notification as to the date and time of testing shall be given to the appropriate Regional Office. Notification shall also be sent to the Division of Source Testing and Monitoring. Notification shall not be made without prior receipt of a protocol acceptance letter from the Department. (25 Pa. Code § 139.3)
(e) Test reports shall include a summary of the emission results on the first page of the report indicating if each pollutant measured is within permitted limits and a statement of compliance or noncompliance with all applicable permit conditions. The summary results shall include, at a minimum, the following information: (25 Pa. Code § 139.53(b))
i. A statement that the owner or operator has reviewed the report from the emissions testing body and agrees with the findings.
ii. Permit numbers and conditions which provide the basis for the evaluation.
iii. Summary of results with respect to each applicable permit condition.
iv. Statement of compliance or noncompliance with each applicable permit condition.
(f) A complete test report shall be submitted to the Department no later than 60 calendar days after completion of the onsite testing portion of an emission test program. One copy of the test report shall be submitted to the Regional Office and two copies of the test report shall be submitted to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring.
(g) All source testing submittals shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual. (25 Pa. Code § 139.3)
(h) Under 25 Pa. Code § 139.53(a)(1) and (3) all submittals, besides notifications, shall be accomplished through PSIMS*Online available through www.depgreen port.state.pa.us/ecomm/Login.jsp when it becomes available. If internet submittal can not be accomplished, three copies of the submittal shall be sent to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring, 400 Market Street, 12th Floor, Rachael Carson State Office Building, Harrisburg, PA 17105-8468 with deadlines verified through document postmarks.
12. Notification as to the date and time of testing shall be provided to the appropriate Regional Office at least 15 calendar days prior to commencing an emission testing program. Notification shall also be sent to the Division of Source Testing and Monitoring. Notification shall not be made without prior approval of test protocol by the Department. (25 Pa. Code § 139.3)
13. The Department may revise the maximum allowable emission rates based upon stack test results and may require additional controls in the event that emission limitations are not met. (25 Pa. Code § 127.12b)
14. This Plan Approval authorizes temporary operation of the sources covered by this Plan Approval provided the following conditions are met.
(a) The Owner/Operator shall submit written Notice of the Completion of Construction and the Operator's intent to commence operation at least 5 days prior to the completion of construction. The Notice shall state the date when construction will be completed and the date when the Operator expects to commence operation.
(b) Operation of the sources covered by this Plan Approval is authorized only to facilitate the start-up and shakedown of sources and air cleaning devices, to permit operations pending the issuance of an Operating Permit, or to permit the evaluation of the source for compliance with all applicable regulations and requirements.
(c) Upon receipt of the 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 operating 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 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 120-days, by submitting an extension request as described previously.
(g) If, at any time, the Department has cause to believe that air contaminant emissions from the sources listed in this Plan Approval may be in excess of the limitations specified in, or established under this plan approval or the permittee's operating permit, the permittee may be required to conduct test methods and procedures deemed necessary by the Department to determine the actual emissions rate. Such testing shall be conducted in accordance with 25 Pa. Code Chapter 139, where applicable, and in accordance with any restrictions or limitations established by the Department at such time as it notifies the company that testing is required. (25 Pa. Code § 127.12b)
Any person wishing to provide the Department 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 as follows. 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 Operations
400 Waterfront Drive
Pittsburgh, Pennsylvania 15222-4745For additional information you may contact the following at the same address:
Devin Tomko
Air Quality Program
(412) 442-5231Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
61-187D: SMS Millcraft (671 Colbert Avenue, Oil City, PA 16301) for replacement of the fume scrubber that controls the emissions from the existing hexavalent chrome plating operation in the Oil City Industrial Park in Oil City, Venango County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department of Environmental Protection intends to issue a plan approval to: to replace the fume scrubber that controls the emissions from the existing hexavalent chrome plating operation in the Oil City Industrial Park located in Oil City, Venango County. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into a State-only operating permit through an administrative amendment at a later date.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.
AMS 08069: Camden Iron & Metal, Inc. (2900 South Christopher Columbus Boulevard, Philadelphia, PA 19148) to install a 400 ton/hr metal shredding process in the City of Philadelphia, Philadelphia County. The process will consist of a shredder with an 8,000 hp electric motor and a computerized water injection system and a cascade cleaning chamber with a Zerto Bleed air classifier system and a cyclone. Total PM fugitive emissions from the transfer points are limited to 1.37 tons per rolling 12-month period. The plan approval will contain operating, monitoring, recordkeeping and reporting requirements to ensure operation within all applicable requirements.
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.
46-00160: Cognis Corp. (300 Brookside Avenue, Ambler, PA 19002) for a renewal of the State-only (Natural Minor) Operating Permit in Lower Gwynedd Township, Montgomery County. Cognis Corporation operates and maintains 14 small natural gas- and/or No. 2 fuel oil-fired boilers and 17 natural gas-fired space heaters, from which the main pollutants emitted are NOx and PM. The actual emission rates of NOx and PM from the boilers and space heaters are each less than 2 tpy. No significant changes have occurred at the facility since the permit was originally issued on November 17, 2003. The renewed permit will include the same monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.
23-00064: Lawn Croft Cemetery (1000 West Ridge Road, Linwood, PA 19061) for operation of two human crematory units in Lower Chichester Township, Delaware County. This action is a renewal of the original State-only Operating Permit (Natural Minor), which was issued on July 12, 2004, and expires on July 31, 2009. Several typographical changes have been made to the permit. Recordkeeping requirements were standardized for both crematory units. The facility shall remain a natural minor facility. There have been no changes at the facility since the original Operating Permit was issued and therefore, no new sources are identified in the renewed Operating Permit. The permit includes monitoring, 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) 826-2507.
40-00109: GRUMA Corp., d/b/a Mission Foods (15 Elmwood Avenue, Mountaintop, PA 18707) for operation of bake ovens and chip fryers and associated air cleaning device at their facility in Wright Township, Luzerne County. This facility is currently operating under Operating Permits 40-317-024, 40-317-025 and 40-317-032. All permit requirements shall be included in the new State-only (Natural Minor) Operating Permit for this facility. This Operating Permit shall include emission restrictions, monitoring, recordkeeping and reporting requirements designed to ensure this facility complies with all applicable air quality regulations.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.
06-05003: Stone Pointe Management Corp. (2525 North 12th Street, Reading, PA 19605-2749) for operation of a convention center including four boilers and two emergency generators in Muhlenberg Township, Berks County. This is a renewal of the State-only operating permit issued in 2003.
06-05087: Haines & Kibblehouse, Inc. (2052 Lucon Road, P. O. Box 196, Skippack, PA 19474) for their asphalt plant at 1355 Reading Avenue, Bechtelsville, in Colebrookdale Township, Berks County. This is a renewal of the State-only operating permit issued in September 2004.
06-05092: Reading Materials, Inc. (2052 Lucon Road, P. O. Box 196, Skippack, PA 19474) for their asphalt plant at 148 Angstadt Lane in Cumru Township, Berks County. This is a renewal of the State-only operating permit issued in September 2004.
38-05037: Zimmerman Chair Shop (1486 Colebrook Road, Lebanon, PA 17042-9507) for their wood surface coating and manufacturing operation in North Cornwall Township, Lebanon County. The State-only operating permit will include monitoring, work practices, recordkeeping and reporting requirements designed to keep the fabrication shop operating within all applicable air quality requirements.
67-03017: Yorktown Paperboard Corp. (1001 Loucks Mill Road, York, PA 17405) for operation of a paper recycling and manufacturing facility in Spring Garden Township, York County. This is a renewal of the State-only operating permit issued in 2004.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
63-00878: The Peoples Natural Gas Co. (1201 Pitt Street, Wilkinsburg, PA 15221) for operation of a compressor station at Gibson Station in Fallowfield Township, Washington County. This is a renewal of the State-only operating permit issued in 2004.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.
25-01006: Lake Erie Biofuels, LLC (1540 East Lake Road, Erie, PA 16511-1032) for the issuance of a synthetic minor operating permit in the City of Erie, Erie County. The significant sources are two process steam boilers, the biodiesel production, storage tanks, a high pressure steam generator for the fatty acid stripper and a parts washer. The conditions of the previous plan approvals 25-1006A and 25-1006B were incorporated into the operating permit. The permittee shall be a synthetic minor source of SOx emissions by accepting an elective throughput restriction on the quantity of residual oil combusted in the two process boilers (1.21 million gallons) based on a consecutive 12-month period. The permittee shall keep records of the SOx emissions based on the quantity of residual oil burned. The facility is a natural minor facility for the remaining pollutants.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Brawn, Chief, (215) 685-9476.
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 Act (52 P. S. §§ 30.51--30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). Mining activity permits issued in response to such 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 the application is available for inspection at the District Mining Office indicated above each 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 the certification.
Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application 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 address of the district mining office indicated above each 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.
Written comments or objections related to a mining permit application should contain the name, address and telephone number of persons submitting comments or objections; 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, or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code §§ 77.123 or 86.34, must contain the name, address and telephone number of the 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 desires to have the conference conducted in the locality of the proposed mining activities.
Where a National Pollutant Discharge Elimination System (NPDES) number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. The Department has made a tentative determination to issue the NPDES permit in conjunction with the mining activity permit, but the issuance of the NPDES permit is contingent upon the approval of the associated mining activity permit.
For coal mining activities, NPDES permits, when issued, will contain effluent limits that do not exceed the technology-based effluent limitations. The proposed limits are listed in Table 1.
For noncoal mining activities, the proposed limits are found in Table 2. Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description below specifies the parameters. The limits will be in the ranges specified in Table 1.
More restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining that may occur, will be incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91--96).
The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 362-0600-001, NPDES Program Implementation--Memorandum of Understanding Concerning Water Quality Management, NPDES Program Implementation and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Loads (TMDLs).
Persons wishing to comment on an NPDES permit application should submit a statement to the Department at the address of the district mining office indicated previously each application within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.
The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92.61. The request or petition for a public hearing shall be filed within 30 days of this public notice and shall contain the name, address, telephone number and the interest of the party filing the request, and shall state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. In the case where a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.
Coal Applications Received
Effluent Limits--The following range of effluent limits will apply to NPDES permits issued in conjunction with the associated coal mining activity permit and, in some cases, noncoal mining permits:
Table 1
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (Total) 1.5 to 3.0 mg/l 3.0 to 6.0 mg/l 3.5 to 7.0 mg/l Manganese (Total) 1.0 to 2.0 mg/l 2.0 to 4.0 mg/l 2.5 to 5.0 mg/l Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l Aluminum (Total) 0.75 to 2.0 mg/l 1.5 to 4.0 mg/l 2.0 to 5.0 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: 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 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.
30841313 and NPDES Permit No. PA0022594, Consolidation Coal Company, (1000 Consol Energy Drive, Canonsburg, PA 15317), to revise the permit for the Dilworth Mine in Cumberland Township, Greene County for a 22.4 acres land use change at the Rices Landing Loading Facility and AMD Plant from unmanaged natural habitat to commercial/industrial. No additional discharges. Application received October 30, 2008.
32951301 and NPDES Permit No. PA0215821, Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201), to revise the permit for the Toms Run Mine in Burrell Township, Indiana County to expand the underground permit and subsidence control plan area acreage. Underground Acres Proposed 386.6, Subsidence Control Plan Acres Proposed 386.6. No additional discharges. Application received February 6, 2006.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
56090106 and NPDES No. PA0262765. Hardrock Coal Company, 275 Saddle Ridge Road, Berlin, PA 15530, commencement, operation and restoration of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 105.5 acres. Receiving streams: UNTs to/and Buffalo Creek classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received March 16, 2009.
56020105 and NPDES No. PA0249262. Black Resources, Inc., 162 Cumberland Street, Berlin, PA 15530, permit renewal for the continued operation and restoration of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 87.7 acres. Receiving streams: UNTs of Millers Run and Sandy Hollow classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received March 24, 2009.
56030101 and NPDES No. PA0249360. Tomcat Coal, 309 Coalyard Road, Rockwood, PA 15557, permit renewal for reclamation only of a bituminous surface mine in Milford Township, Somerset County, affecting 33.2 acres. Receiving streams: UNTs to South Glade Creek classified for the following use: WWF. There are no potable water supply intakes within 10 miles downstream. Application received March 25, 2009.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
24-08-03 and NPDES Permit No. PA0258725. Tamburlin Brothers Coal Co., Inc. (P. O. Box 1419, Clearfield, PA 16830). Proposal to enter into a Governmental Financed Reclamation Construction Contract on a 90.0 acre site in Jay Township, Elk County. The proposal include total reclamation of 35.0 acres of abandoned mine land as well as 16.5 acres of coal removal incidental and necessary to the reclamation activities. Receiving streams: UNT to Dixon Run, classified for the following use: CWF. There are no potable surface water intakes within 10 miles downstream. Application received March 17, 2009.
10990101 and NPDES Permit No. PA0241512. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal of an existing bituminous surface strip operation in Eau Claire Borough and Venango Township, Butler County affecting 35.0 acres. Receiving streams: South Fork Little Scrubgrass Creek and UNTs, classified for the following use: CWF. There are no potable surface water supply intakes within 10 miles downstream. Application for reclamation only. Application received March 25, 2009.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
54991301T and NPDES Permit No. PA0223964. Little Buck Coal Company, (57 Lincoln Road, Pine Grove, PA 17963), transfer of an existing anthracite underground mine operation from Joliett Coal Company in Porter Township, Schuylkill County affecting 3.0 acres, receiving stream: Wiconisco Creek. Application received March 23, 2009.
49840103R4. Reading Anthracite Company, (P. O. Box 1200, Pottsville, PA 17901), renewal of an existing anthracite surface mine operation in East Cameron Township, Northumberland County affecting 127.0 acres, receiving stream: none. Application received March 26, 2009.
Noncoal Applications Received
Effluent Limits--The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:
Table 2
30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 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.
56090801. Fieg Brothers, 3070 Stoystown Road, Stoystown, PA 15563, commencement, operation and restoration of a small noncoal (industrial minerals) operation in Southampton Township, Somerset County, affecting 5 acres. Receiving streams: UNT to Rush Run. Application received February 27, 2009.
0792801. Catharine Properties, Inc., One Eighth Street, Braddock, PA 15104, commencement, operation and restoration of a small noncoal (industrial minerals) operation in Catharine Township, Blair County, affecting 5 acres, receiving streams: UNT to Frankstown Branch Juniata River. Application received February 26, 2009.
56050801. Ramblin' Hills, 1504 Hillside Avenue, Windber, PA 15963, bond release on a small noncoal (industrial minerals) operation in Paint Township, Somerset County, affecting 3.0 acres. Receiving stream: no discharge. Application received January 9, 2009.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
57090301 and NPDES No. PA0257133. Insinger Excavating, Inc. (3046 Dushore-Overton Road, Dushore, PA 18614), commencement, operation and restoration of a large noncoal operation in Forks Township, Sullivan County, affecting 20.0 acres. Receiving streams: UNT to Black Creek, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received March 16, 2009.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
06920301C3 and NPDES Permit No. PA0595641. Martin Stone Quarries, Inc., (P. O. Box 297, Bechtelsville, PA 19505), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Washington Township, Berks County, receiving streams: UNT to Swamp Creek, classified for the following use: TSF. Application received March 25, 2009.
40090301 and NPDES Permit No. PA0224774. Cedar Rock Materials Corp., (7612 Columbia Boulevard, Berwick, PA 18603), commencement, operation and restoration of a quarry operation and NPDES Permit for discharge of treated mine drainage in Salem Township, Luzerne County affecting 252.0 acres, receiving streams: UNT to Schuylkill River and Schuylkill River, classified for the following use: CWF. Application received March 26, 2009.
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 Floodplain Management Act (32 P. S. § 679.302) and requests for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.
E23-475. Township of Chester, 1150 Engle Street, Chester, PA 19013, Chester Township, Delaware County, United States Army Corps of Engineers, Philadelphia District.
To perform the following Water Obstruction and Encroachment activities within the Floodplain of Chester Creek (WWF, MF) associated with the Chester Creek Levee modification project:
1) To extend and maintain the existing flood protection levee from 1, 885 linear feet to 2,900 linear feet.
2) To place fill on the existing levee in order to increase its height to approximately 3 feet above the 100-year water surface elevation.
3) To construct and maintain a concrete wall levee to connect the two sections of the existing earthen levee.
4) To extend, modify, and maintain two existing outfall structures associated with the interior dewatering of the levee.
The levee construction commences at approximately 180 feet east of the intersection of Powell and Worrilow Roads and runs south, curving in the south easterly direction parallel to the creek and ends approximately 140 feet southeast of the intersection of Worrilow and Rainer Roads. The site is located along the shore of Chester Creek in the City of Chester, Delaware County (Marcus Hook, PA USGS Quadrangle N: 18:41 inches; W: 2:96 inches).
Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E39-493. City of Allentown, 3000 Parkway Boulevard, Allentown, PA 18104, in City of Allentown, Lehigh County, United States Army Corps of Engineers, Philadelphia District.
To construct and maintain new and reconstructed trails in the floodway of Cedar Creek (HQ-CWF). The project is associated with the City of Allentown's Department of Parks and Recreation Cedar Creek Parkway Reconstruction Project. The project is located on the south side of Parkway Boulevard approximately 1.48 miles from the intersection of SR 0229 and US Route 22 in the City of Allentown (Allentown West, PA Quadrangle Latitude: 40° 35` 22"; Longitude: 75° 31` 22").
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E04-326. Beaver County Corporation for Economic Development (CED), 250 Insurance Street, Suite 300, Beaver, PA 15009. To construct a new amphitheater, playground and parking lot in Monaca Borough, Beaver County, United States Army Corps of Engineers, Pittsburgh District (Beaver, PA Quadrangle N: 12.8 inches; W: 4.8 inches, Latitude: 40° 41` 44"; Longitude: 80° 17` 05") in Monaca Borough, Beaver County. The applicant proposes to construct and maintain a playground and a new parking lot that will be located at the existing parking lot, to construct and maintain an amphitheater on the right bank of the Ohio River (WWF) and to construct and maintain a walking path and three picnic pavilions on the left bank of said stream for the purpose of improving the existing Monaca Riverfront Park. The project is located on the north side of Atlantic Avenue, just north from the intersection of Atlantic Avenue and Sixth Street.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481
E33-232, Borough of Punxsutawney, 301 East Mahoning Street, Suite 1, Punxsutawney, PA 15767. Gaskill Avenue Stream Channel Repair, in Borough of Punxsutawney, Jefferson County, United States Army Corps of Engineers, Pittsburgh District (Punxsutawney, PA Quadrangle N: 40° 56` 23"; W: 78° 58` 18").
This project intends to address the repair of Gaskill Avenue stream channel erosion through the installation of the following structures:
* Approximately 183.2` of 54" HDPE CPP enclosing a UNT (known as Barrett Run) to the Mahoning Creek beginning at the Gaskill Avenue culvert and connecting to a United States Army Corp of Engineers Federal flood control project
* Three cast-in-place concrete boxes
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