[39 Pa.B. 5932]
[Saturday, October 10, 2009]
[Continued from previous Web Page]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 1
Acknowledgment of Notices of Intent to Remediate Submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101—6026.908).
Sections 302—305 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the Background Standard, Statewide Health Standard, the Site-Specific Standard or who intend to remediate a site as a special industrial area must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one, a combination of the cleanup standards or who receives approval of a special industrial area remediation identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period for sites proposed for remediation using a Site-Specific Standard, in whole or in part, and for sites remediated as a special industrial area. This period begins when a summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation to a Site-Specific Standard or as a special industrial area, the municipality within which the site is located may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified. During this comment period, the municipality may request that the person identified as the remediator of the site develop and implement a public involvement plan. Requests to be involved and comments should be directed to the remediator of the site.
For further information concerning the content of a Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional office before which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Northeast Region: Ronald S. Brezinski, Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Former R & D Fuels/Nevin Kemmerling Trust Property, 733 North 17th Street, Allentown City, Lehigh County. Michael A. Bingaman has submitted a Notice of Intent to Remediate, on behalf of his client, Gary Weiland, 4159 Wilson Avenue, Bethlehem, PA 18020, concerning the remediation of soil found to have been impacted by used motor oil and No. 2 fuel oil as a result of surface spills due to leaking trucks that had been parked on the site and leakage from an aboveground storage tank. The applicant proposes to remediate the site to meet the Statewide Health Standard. The current and future use of the property is commercial. A summary of the Notice of Intent to Remediate was published in The Morning Call on August 20, 2009.
Regan Property, 56 Flintlock Trail, Tobyhanna Township, Monroe County. Gretchen Regan, 13 North Morgan Avenue, Havertown, PA 19083 has submitted a Notice of Intent to Remediate, concerning the remediation of soils found to have been impacted by No. 2 fuel oil as a result of a leaking aboveground storage tank. The applicant proposes to remediate the site to meet the Statewide Health Standard. The intended future use of the property will be residential. A summary of the Notice of Intent to Remediate is expected to be published in a local newspaper serving the general area sometime in the near future.
Fisher Property, 500 Little Gap Road, Lower Towamensing Township, Carbon County. Kevin Van Kuren, Hydrocon Services, Inc., 644 Shrewsbury Commons, PMB 179, Shrewsbury, PA 17361 has submitted a Notice of Intent to Remediate, on behalf of his client, John E. Fisher, Jr., 500 Little Gap Road, Palmerton, PA 18701, concerning the remediation of soil found to have been impacted by No. 2 fuel oil as a result of a release from an exterior 275-gallon storage tank. The site is commercial and will remain commercial. A summary of the Notice of Intent to Remediate is expected to be published in a local newspaper serving the general area sometime in the near future.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Handy's Fuel Service—Williams Residence, City of Harrisburg, Dauphin County. Trimpi Associates, Inc., 1635 Old Plains Road, Pennsburg, PA 18073, on behalf of Joseph Williams, 1738 Market Street, Harrisburg, PA 17103, submitted a Notice of Intent to Remediate site soils contaminated with No. 2 fuel oil. The site will be remediated to the Residential Statewide Health Standard and will remain residential.
Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.
Andrew Basalla Residence, Snow Shoe Township, Centre County. Environmental Maintenance Co., 1420 East Mermaid Lane, Glenside, PA 19038 on behalf of Lucas Oil Co., 697 Market Street, Karthaus, PA 16845 has submitted a Notice of Intent to Remediate soil contaminated with kerosene at 180 Dairy Street, Clarence, PA 16829. The applicant proposes to remediate the site to meet the Statewide Health Standard. A summary of the Notice of Intent to Remediate was reported to have been published in the Centre Daily Times on September 2, 2009. The future use of the property will remain residential.
INFECTIOUS AND CHEMOTHERAPEUTIC WASTE TRANSPORTER LICENSES
Applications received or withdrawn under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003) and Act 93 of June 28, 1988 (P. L. 525, No. 93) and regulations to transport infectious and chemotherapeutic waste.
Central Office: Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, P. O. Box 8471, Harrisburg, PA 17105-8471.
Renewal Applications Received
Bestrans, Inc., 931 Red Toad Road, North East, MD 21901. License No. PA-HC 0209. Received on August 21, 2009.
Geisinger System Services, 100 North Academy Avenue, Danville, PA 17822-1540. License No. PA-AH 0141. Received on September 10, 2009.
Altoona Regional Health System, 620 Howard Avenue, Altoona, PA 16601. License No. PA-AH 0124. Received on September 3, 2009.
DETERMINATION OF APPLICABILITY FOR RESIDUAL WASTE GENERAL PERMITS
Application for Determination of Applicability Received under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101—4000.1904); and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and/or the Beneficial Use of Residual Waste Other Than Coal Ash
Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17101-8472.
General Permit Application No. WMGR068D003. Glatfelter Pulpwood Co., 228 South Main Street, Spring Grove, PA 17362-1000. For the beneficial use as a fuel of carbonaceous wastes as alternate fuels combined coal/waste coal, and the beneficial use as a soil additive of the resulting ash in accordance with 25 Pa. Code §§ 287.661—287.666 (relating to beneficial use of coal ash). The application for determination of applicability was accepted as administratively complete by the Division of Municipal and Residual Waste on September 21, 2009.
Persons interested in obtaining more information about the general permit application may contact the General Permits/Beneficial Use Section, Division of Municipal and Residual Waste, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17101-8472, (717) 787-7381. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS
NEW SOURCES AND MODIFICATIONS The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State operating permit and Title V operating permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.
The Department has received applications for plan approvals and/or operating permits from the following facilities.
Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.
Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121—143, the Federal Clean Air Act (act) and regulations adopted under the act.
PLAN APPROVALS
Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Sachin Shankar, New Source Review Chief, (484) 250-5920
09-0174C: Liberty Coating Co., LLC (21 South Steel Road, Morrisville, PA 19067) for modification to the line surface coating operation, at their facility at 21 South Steel Road, Morrisville, PA 19067 in Falls Township, Bucks County. This facility is a Synthetic Minor facility. There will be increase in VOC emissions due to this modification but the company has proposed operational restriction to be less than 25 tons of VOC per year. The Plan Approval will contain monitoring and recordkeeping requirements to keep the source operating within the allowable emissions and all applicable air quality requirements.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
63-00951A: Rice Drilling B, LLC (171 Hillpointe Drive, Suite 301, Canonsburg, PA 15317-9554) for construction of three compressor engines and an ethylene glycol reboiler at their Sims Compressor and Processing Plant in Amwell Township, Washington County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
43-011F: Greenville Metals, Inc. (99 Crestview Drive Ext., Transfer, PA 16154) for modification of plan approval 43-011E to include the Drying Tube (Source 201) being controlled by the new baghouse (C205) in Pymatuning Township, Mercer County. This is a Title V facility.
Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.
36-05001H: Armstrong World Industries, Inc. (1507 River Road, Marietta, PA 17547) for replacing the prime paint dryer in their East Donegal Township, Lancaster County. The larger dryer and increased throughput has the potential to increase CO emissions by 2 tpy, NOx by 1 tpy and VOCs by 6 tpy. The approval will include monitoring, work practices, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.
30-00108A: River Processing Corp. (158 Portal Road, Waynesburg, PA 15370) for construction of a coal preparation facility consisting of equipment for transferring, crushing, screening, washing, and stockpiling of coal from their Freeport deep mine, in Jefferson Township, Greene County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, the Department of Environmental Protection (Department) intends to issue a Plan Approval to allow the construction of a coal preparation facility consisting of equipment for transferring, crushing, screening, washing, and stockpiling of coal from the Freeport deep mine, located in Jefferson Township, Greene County.
Annual emissions from the facility are estimated to be 29 tons of PM, 11.5 tons of PM10, 2 tons PM2.5, 26 tons of VOCs and 1 ton of NOx. The proposed facility is subject to the applicable requirements of 25 Pa. Code Chapter 127, related to construction, modification, reactivation and operation of sources, and the applicable requirements of 40 CFR 60, Subpart Y—Standards of Performance for Coal Preparation Plants. The Department believes that the facility will meet these requirements by complying with the following Plan Approval conditions relating to restrictions, monitoring, recordkeeping, reporting and work practice standards:
1. This Plan Approval authorizes the construction of a coal preparation plant at River Processing Corporation's site located in Jefferson Township, Greene County. (25 Pa. Code § 127.12b)
2. Emission sources at this facility will include multiple conveyors and transfer points, screening and rotary sizing equipment, stockpiles, wet coal cleaning circuit, and use of roadways. (25 Pa. Code § 127.12b)
3. The throughput of the plant shall be limited to 8,000,000 tons in any consecutive 12-month period. (25 Pa. Code § 127.12b)
4. (a) No person may permit the emission into the outdoor atmosphere of a fugitive air contaminant from a source other than the following:
(1) N/A.
(2) Grading, paving and maintenance of roads and streets.
(3) Use of roads and streets. Emissions from material in or on trucks, railroad cars and other vehicular equipment are not considered as emissions from use of roads and streets.
(4) Clearing of land.
(5) Stockpiling of materials.
(6) Open burning operations.
(7) Blasting in open pit mines. Emissions from drilling are not considered as emissions from blasting.
(8) N/A
(b) N/A
(c) A person responsible for any source specified in 25 Pa. Code § 123.1(a)(1)—(7) or (9) shall take all reasonable actions to prevent PM from becoming airborne. These actions include, but shall not be limited to, the following:
(1) Use, where possible, of water or chemicals for control of dust in the demolition of buildings or structures, construction operations, the grading of roads or the clearing of land.
(2) Application of asphalt, oil, water or suitable chemicals on dirt roads, material stockpiles and other surfaces which may give rise to airborne dusts.
(3) Paving and maintenance of roadways.
(4) Prompt removal of earth or other material from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water, or other means. (25 Pa. Code § 123.1)
5. Fugitive emissions that remain after all reasonable control activities have taken place are determined to be of minor significance in accordance with 25 Pa. Code § 123.1(a)(9)(i) and (ii).
6. A person may not permit fugitive PM to be emitted to the outdoor atmosphere from a source specified at 25 Pa. Code § 123.1(a)(1)—(9) if the emissions are visible at the point the emissions pass outside the person's property. (25 Pa. Code § 123.2)
7. All outside conveyors shall be partially enclosed. At a minimum, 1/2 enclosures (90°) shall be employed for 72 inch conveyors, and 3/4 enclosures (135°) shall be employed for all other outside conveyor systems.
8. All transfer points shall be fully enclosed except where such configuration is determined to not be practical. (25 Pa. Code § 127.12b)
9. All sizing and screening activities shall take place within a building. If necessary, water sprays shall be used to minimize fugitive emissions coming from the building. (25 Pa. Code § 127.12b)
10. Material shall be deposited to raw and clean coal stockpiles using stacking tubes. Material shall be removed from raw and clean coal stockpiles using underground reclaim systems. Stockpiles shall be equipped with rainbirds to be used for dust suppression when needed. Rainbirds shall be designed to spray up, out and across coal storage piles. (25 Pa. Code § 127.12b)
11. Permittee shall sweep or water all plant access roads to suppress dust whenever necessary, including 250 feet of public highway on either side of the plant access road. (25 Pa. Code § 127.12b)
12. A pressurized water truck shall be kept onsite at all times. The truck shall be maintained in an operational condition and used to suppress dust whenever necessary. (25 Pa. Code § 127.12b)
13. All trucks transporting materials that are subject to spillage and/or generation of dust shall be tarped and the permittee shall place clearly legible notices concerning the requirement to tarp these trucks. (25 Pa. Code § 127.12b)
14. Permittee shall post clearly legible signs limiting the speed of all vehicles traveling on haul roads to 15 mph. (25 Pa. Code § 127.12b)
15. A person may not permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source, in such a manner that the malodors are detectable outside the property of the person on whose land the source is being operated. (25 Pa. Code § 123.31)
16. Owner/operator shall visually observe the operation of the entire facility at least once each day to determine compliance with the malodor and fugitive emission limits established previously. (25 Pa. Code § 127.12b)
17. Owner/operator shall keep records of the daily observations of malodor and fugitive emission observations. Owner/operator shall also keep daily records of all actions taken to ensure compliance with the malodor and fugitive emission limitations. (25 Pa. Code § 127.12b)
18. Permittee shall keep monthly records of raw coal throughput, clean coal yield, and consumption of each individual chemical used. Records shall be kept onsite and maintained for a period of 5 years, and be made available to the Department upon request. (25 Pa. Code § 127.12b)
19. This plant is subject to applicable requirements of 40 CFR 60, Subpart Y—Standards of Performance for Coal Preparation Plants. Permittee shall comply with the Notification and Recordkeeping of 40 CFR 60.7. In accordance with 40 CFR 60.4, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both the Envionmental Protection Agency (EPA) and the Department at the addresses listed unless otherwise noted. (40 CFR 60, Subpart Y)
Director, Air Toxics and Radiation
U.S. EPA, Region III
841 Chestnut Street
Philadelphia, PA 19107Department of Environmental Protection
Office of Air Quality Control
400 Waterfront Drive
Pittsburgh, PA 15222-474520. The owner/operator shall, on or before March 1 of each year, submit to the Department of Environmental Protection-Air Quality an Annual Inventory and Emission Statement for the previous year on forms provided by the Department. (25 Pa. Code § 127.12b)
21. This approval to construct shall become invalid if: (1) the construction, modification or installation is not commenced (as defined in 40 CFR 52.21(b)(8)) within 18 months of the issuance of the plan approval or if there is more than an 18-month lapse in construction, modification or installation. The Department may extend the 18-month period upon a satisfactory showing that an extension is justified. (25 Pa. Code § 127.13(c))
22. Notify the Department when the installation is completed so that the facility can be inspected for issuance of an operating permit. Submit an Operating Permit application within 180 days of commencement of construction.
23. Words and terms that are not otherwise defined in this plan approval shall have the meanings set forth in section 3 of the Air Pollution Control Act (APCA) (35 P. S. § 4003) and 25 Pa. Code § 121.1. (25 Pa. Code § 121.1)
24. The issuance of this plan approval does not prevent the future adoption by the Department of any rules, regulations or standards, or the issuance of orders necessary to comply with the requirements of the Federal Clean Air Act (CAA) or the (APCA), or to achieve or maintain ambient air quality standards. The issuance of this plan approval shall not be construed to limit the Department's enforcement authority. (25 Pa. Code § 127.12b(a)(b))
25. 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 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 subsection (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 180 days.
(e) The notice submitted by the permittee under subpart (a) previously, prior to the expiration of the plan approval, shall modify the plan approval expiration date on page 1 of this plan approval. The new plan approval expiration date shall be 180 days from the date of commencement of operation.
26. 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)
27. 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))
28. 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 subsection (a) of this condition.
(a) 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)
29. This plan approval will be valid for a limited time, as specified by the expiration date contained on page 1 of this plan approval.
(a) 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, and
(ii) A schedule for the completion of the construction.
(c) 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.
(d) If the construction, modification or installation is not commenced within 18-months of the issuance of this plan approval or if there is more than an 18-month lapse in construction, modification or installation, a new plan approval application that meets the requirements of 25 Pa. Code Chapter 127, Subchapters B, D and E (relating to plan approval requirements; prevention of significant deterioration of air quality; and new source review) shall be submitted. (25 Pa. Code § 127.13)
30. 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.
31. 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.
32. 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)
33. 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.
34. 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.
35. 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)
36. 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)
37. 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.
38. 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)
39. Reports, test data, monitoring data, notifications shall be submitted to the folllowing:
Regional Air Program Manager
Department of Environmental Protection
400 Waterfront Drive
Pittsburgh, PA 15322240. 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).
(a) 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:
(b) The permittee shall submit the first RMP to a central point specified by the EPA no later than the latest of the following:
(c) Three years after the date on which a regulated substance is first listed under 40 CFR 68.130; or,
(i) The date on which a regulated substance is first present above a threshold quantity in a process.
(ii) 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.
(iii) 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.
(iv) 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)
Those who wish to provide the Department with additional written information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to Barbara Hatch, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. 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.
The comments must be received prior to the close of business 30 days after the date of this publication.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.
24-166A: National Fuel Gas—Bowen Compressor Station (Highland Township, PA 16365) for construction of a new gas compressor station in Highland Township, Elk County. This is a State-only facility. The public notice is required for sources required to obtain a Plan Approval in accordance with 25 Pa. Code § 127.44. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the State-only operating permit through an administrative amendment at a later date. The source shall comply with the following conditions, which will satisfy the requirements of 25 Pa. Code § 127.12b (pertaining to plan approval terms and conditions) and will demonstrate BAT for the source:
• Compressor Engine Unit 1 (Source 101):
• Subject to 25 Pa. Code § 123.21.
• The internal combustion engine shall be designed and operated so emissions do not exceed the following:
• NOx at rated brake horsepower and operating at rated speed—2.0 grams per brake horsepower-hour (gms/bhp-hr) for gas fired units;
• VOC at rated bhp and operating at rated speed—1.0 gms/bhp-hr;
• CO at rated bhp and operating at rated speed—2.0 gms/bhp-hr; and,
• At operating conditions less than rated capacity, internal combustion engines shall, on a pounds per hour basis, emit no more than they emit at rated bhp and rated speed.
• Visible emissions in excess of the following limitations:
• Equal to or greater than 10% for a period or periods aggregating more than 3 minutes in any 1 hour.
• Equal to or greater than 30% at any time.
• The emission limitations shall apply at all times except during periods of start-up and shut-down, provided, however, that the duration of start-up and shut-down do not exceed 1 hour per occurrence.
• This source is subject to 25 Pa. Code §§ 123.1 and 123.31 for fugitive and odor emissions, respectively.
• No person may permit the emission into the outdoor atmosphere of PM in a manner that the concentration of filterable PM in the effluent gas exceeds 0.02 gr/dscf.
• The stack test shall be conducted for NOx, CO and VOC (NMOC). Testing shall be performed initially and annually thereafter. In lieu of performing the annual stack test, the facility may show compliance with the emission limitations by the use of a Department approved portable analyzer.
• The permittee shall maintain comprehensive accurate records which, at a minimum, shall include the following. Recordkeeping shall commence at the time of the start-up of each source.
• The number of hours that each engine operated on a 12-month rolling total.
• The amount of fuel used in each engine on a 12-month rolling total.
• When a new internal combustion engine is installed and is required to conduct a performance test, the permittee shall maintain records or report the following. Recordkeeping shall commence at the time of the start-up of each source.
• Records including a description of testing methods, results, all engine operating data collected during the tests, including but not limited to engine horsepower and engine speed, and a copy of the calculations performed to determine compliance with emission standards.
• These records shall be retained for a minimum of 5 years and shall be made available to the Department upon request. The Department reserves the right to expand the list contained in this condition as it may reasonably prescribe under the provisions of section 4 of the APCA (35 P. S. §§ 4001—4015), and as it may deem necessary to determine compliance with any condition contained herein.
• The permittee shall maintain a record of all preventative maintenance inspections of the source. These records shall, at a minimum, contain the dates of the inspections, any problems or defects, the actions taken to correct the problem or defects, and any routine maintenance performed. Recordkeeping shall commence at the time of the start-up of each source.
• The permittee shall maintain a record of the following from the operational inspections. Recordkeeping shall commence at the time of the start-up of each source.
• Engine Speed.
• The permittee shall perform operational inspections of the source at least twice per week, for any week the source is in operation.
• The permittee shall install, maintain and operate the source in accordance with the manufacturer's specifications and in accordance with good air pollution control practices.
• The source is subject to 40 CFR 60, Subpart JJJJ—Standards of Performance for Stationary Spark Ignition Internal Combustion Engines.
42-004E: American Refining Group (77 North Kendall Avenue, Bradford, PA 16701) for revisions in Plan Approval 42-004C permit associated with the Hydrotreater Unit and the LO-CAT Desulfurization Unit on their Bradford facility in Bradford City, McKean County.
In accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department of Environmental Protection (Department) intends to issue a plan approval for revisions in Plan Approval 42-004C permit associated with the Hydrotreater Unit and the LO-CAT Desulfurization Unit the Bradford facility in Bradford City, McKean County. The facility currently has a Title V Permit Permit No. 42-00004 that was issued January 1, 2006. This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into the Title V operating permit through an administrative amendment at a later date.
As a general summary, the following requirements are applicable to this plan approval:
The following requirements are applicable to NSPS Affected Heaters: H-510 Hydrotreater Stripper Heater (Source No. 051) and the H-501 Hydrotreater Heater (Source No. 050):
1.
(a) ARG will monitor the recycle gas H2S concentration at least once per week with colorimetric tubes.
(b) If any single recycle gas H2S result exceeds 24 ppmv, ARG shall immediately begin collecting daily colorimetric tube samples of both the Platformer V-11 and ISOM UV-102 gas streams for 7 consecutive days. ARG will also notify the Department within 24 hours if the recycle gas H2S content is found to be in excess of 24 ppmv. (Note: 24 ppmv H2S in the recycle gas correlates with 80 ppmv in the fuel gas stream.)
(c) If the 7 day average plus three standard deviations for each gas stream (Platformer V-11 and ISOM UV-102) is less than 81 ppm, ARG will continue with the daily recycle gas colorimetric tube sampling schedule described in item (a) previously.
2. The H2S limit fuel combusted in the hydrotreater heaters is 0.1 gr/dscf.
3. This source shall operate using only refinery fuel gas or natural gas as a fuel.
The following requirements are applicable to the Hydrotreater Unit (Source No. 1001):
1. (a) Within 180 days of the date the plan approval is issued or a schedule approved by the Department, a stack test shall be performed in accordance with the provisions of Chapter 139 of the Rules and Regulations of the Department. The stack test shall be performed while the aforementioned source is operating at the maximum or normal rated capacity as stated on the application. The stack test shall be conducted for VOC and H2S at the exhaust from the LO-CAT Oxidizer (S1001).
(b) The following methods shall be used to conduct emission testing unless another method is approved by the Department.
If VOC < 50 ppm C: THC M25A + M18 (methane/ethane)
If VOC >50 ppm C: NMOC M25
H2S: M11
2. (a) This source is subject to 25 Pa. Code §§ 123.1, 123.31 and 123.41 for fugitive, odor and visible emissions, respectively.
(b) No person may permit the emission into the outdoor atmosphere of PM in a manner that the concentration of PM in the effluent gas exceeds 0.04 gr/dscf.
3. No person may permit the emission into the outdoor atmosphere of SOx from a source in a manner that the concentration of the sulfur oxides, expressed as SO2, in the effluent gas exceeds 500 parts per million, by volume, dry basis.
4. ARG shall not direct any refinery gas from the LO-CAT absorber to any combustion sources which are subject to NSPS requirement.
The plan approval contains additional monitoring and recordkeeping requirements. This plan approval supersedes Plan Approval 42-004C.
Copies of the application, the Department's analysis and other documents used in the evaluation of the application are available for public review during normal business hours at the Department's Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. Appointments for scheduling a review may be made by calling the Department at (814) 332-6340.
Any persons 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 in the preceding paragraph. A 30-day comment period, from the date of this publication, will be held 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 (No. 42-004E).
• Concise statements regarding the relevancy of the information or objections to the issuance of the Plan Approval. Written comments should be directed to:
John F. Guth
Regional Air Quality Program Manager
Commonwealth of Pennsylvania
Department of Environmental Protection
Northwest Region—Field Operations
230 Chestnut Street
Meadville, PA 16335A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the comments received. The persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper or the Pennsylvania Bulletin or by telephone, where the Department determines such notification is sufficient. Written comments or requests for a public hearing should be directed to Cary Cooper, P. E., New Source Review Section, Department of Environmental Protection, Air Quality Program, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6940.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact the Department or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
If a plan approval has not undergone the previous public notice process, the change to an operating permit must be treated as a significant modification. In these situations the Department should follow the procedures described in §§ 127.421 to 127.431 for State-only operating permits or §§ 127.521 to 127.524 for Title V operating permits.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Braun, Chief, (215) 685-9476.
AMS 07034: Convention Center (1101 Arch Street, Philadelphia, PA 19107) for installation of two 500 kW Detroit Diesel emergency generator firing No. 2 fuel oil one 600 kW Detroit Diesel emergency generator firing No. 2 fuel oil.
One 270 hp Peerless fire protection pump firing No. 2 fuel oil.
Two 20.4 mmBtu/hr Cleaver Brooks Boiler firing No. 2 fuel oil and natural gas.
Two 8.76 mmBtu/hr York Chillers firing No. 2 fuel oil and natural gas in the City of Philadelphia, Philadelphia County.
The Facility will be limited to less than 25 tons of NOx emissions per year. The plan approval will contain operating, testing, monitoring, recordkeeping and reporting requirements to ensure operation within all applicable requirements.
OPERATING PERMITS
Intent to Issue Title V Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter G.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.
40-00002: Transcontinental Gas Pipe Line Corp. (P. O. Box 1396, Houston, TX 77251-1396) for a renewal of Title V Operating Permit for a gas transmission station in Buck Township, Luzerne County. The facility's main sources include: one natural gas fired boiler, 16 natural gas fired space heaters, five natural gas fired compressors, one emergency generator, one parts washer/degreaser and one gas turbine. These sources have the potential to emit major quantities of regulated pollutants above Title V emission thresholds. The proposed Title V 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.
40-00019: Cascades Tissue Group PA, Inc. (901 Sathers Drive, Pittston, PA 18640-9589) for renewal of a Title V Operating Permit in Pittston Township, Luzerne County. Sources at the facility include flexographic printers and adhesive equipment lines. These sources have the potential to emit major quantities of regulated pollutants above Title V emission thresholds. The proposed Title V 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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
65-00634: Dominion Transmission, Inc. (445 West Main Street, Clarksburg, WV 26301) for operation of a natural gas transmission station at their J. B. Tonkin Station located in Murrysville Borough, Westmoreland County. The facility's representative for the Title V application and proposed permit is Scott R. Kingston, Environmental Specialist III, Dominion Transmission, Inc., 501 Martindale Street, Suite 400, Pittsburgh, PA 15212, (412) 237-4833. Air emission sources at this facility include two natural gas-fired engines, a natural gas-fired space heating boiler, and fugitive emissions from pumps, valves, flanges, and the like. This is a renewal of the Title V Operating Permit (TVOP) issued in 2004.
Emissions from the facility are estimated to be 149.41 tons of CO, 213.9 tons of NOx, 2.07 tons of PM10, 0.12 tons of SOx) 37.93 tons of VOCs, 6.7 tons of formaldehyde, 2.1 tons of glycol ether and 8.8 tons of total HAPs. Included in the TVOP are NOx and VOC emission limits and testing requirements from a reasonably available control technology (RACT) permit. Also included in the permit are general Title V requirements and additional conditions supported by 25 Pa. Code Chapters 123, 127 and 135. Additional emission limits consist of limits on open burning, fugitive dust and visible emission opacity. Permit emission limits are maintained and verified with monitoring, recordkeeping and reporting requirements.
Those who wish to provide the Department of Environmental Protection (Department) with additional written information that they believe should be considered prior to the issuance of the Plan Approval may submit the information to Alan Binder, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. 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.
All comments must be received prior to the close of business 30 days after the date of this publication.
For additional information you may contact Alan Binder at (412) 442-4168.
Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter F.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.
48-00078: Chrin Brothers, Inc. (635 Industrial Drive, Easton, PA 18042) for renewal of an operating permit for a stone crushing facility located in Williams Township, Northampton County. The facility has the potential to emit PM above Title V emission thresholds and is taking an elective restriction on operating hours to keep synthetic minor operating permit status. The proposed State-only (Synthetic Minor) Operating Permit contains applicable requirements for emissions limitations, monitoring, recordkeeping, reporting and work practice standards designed to ensure facility compliance with Federal and State air pollution regulations.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.
36-03094: Snavely's Mill, Inc. (333 Snavely Mill Road, Lititz, PA 17543) for operation of their flour mill in Warwick Township, Lancaster County. This is a renewal of the State-only operating permit issued in December 2004.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.
08-00022: Cummings Lumber Co., Inc. (P. O. Box 6, Troy, PA 16947) for their hardwood dimension and flooring mill in Troy Township, Bradford County. The facility's main sources include one wood fired boiler, nine steam heated lumber drying kilns and mill operation. The facility has the potential to emit SOx, NOx, CO, PM10, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable Federal and State air quality regulations. In addition, monitoring, recordkeeping and reporting conditions are included to demonstrate compliance with all applicable regulatory requirements.
17-00052: P & N Coal Co., Inc. (P. O. Box 332, Punxsutawney, PA 15767) for their coal preparation facility in Goshen Township, Clearfield County. The facility's main sources include a coal processing operation, site haul roads and a diesel fired generator. The facility has the potential to emit SOx, NOx, CO, PM10, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable Federal and State air quality regulations. In addition, monitoring, recordkeeping and reporting conditions are included to demonstrate compliance with all applicable regulatory requirements.
41-00062: Wheeland Lumber Co., Inc. (3558 Williamson Trail, Liberty, PA 16930) for their lumber mill in Jackson Township, Lycoming County. The facility's main sources include two wood fired boilers, nine steam heated lumber drying kilns, two emergency generators and dimension process area. The facility has the potential to emit SOx, NOx, CO, PM10, VOCs and HAPs below the major emission thresholds. The proposed operating permit contains all applicable Federal and State air quality regulations. In addition, monitoring, recordkeeping and reporting conditions are included to demonstrate compliance with all applicable regulatory requirements.
08-00008: Guthrie Robert Packer Hospital (One Guthrie Square, Sayre, PA 18840) for their general medical and surgical hospital facility in Sayre Borough, Bradford County. The facility's main sources include three natural gas/No. 2 fuel oil fired boilers and six diesel fired emergency generators. The facility has taken restrictions to limit potential SOx emissions below Title V thresholds. The proposed operating permit contains all applicable Federal and State air quality regulations. In addition, monitoring, recordkeeping and reporting conditions are included to demonstrate compliance with all applicable regulatory requirements.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.
63-00934: MarkWest Liberty Midstream & Re- sources, LLC (1515 Arapahoe Street, Tower 2, Suite 700, Denver, CO 80202-2126) for operation of five natural-gas compressor engines, a dehydration unit and associated equipment at the Godwin Compressor Station in Mount Pleasant Township, Washington County. This site currently operates under a general permit, GP5-63-00947.
63-00938: MarkWest Liberty Midstream & Re- sources, LLC (1515 Arapahoe Street, Tower 2, Suite 700, Denver, CO 80202-2126) for a State-only permit to operate five natural-gas compressor engines, a dehydration unit and associated equipment at the Hoskins Compressor Station in Blaine Township, Washington County. This site currently operates under a general permit, GP5-63-00947.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.
25-00192: Reed Manufacturing Co. (1425 West 8th Street, Erie, PA 16502) for the issuance of a Natural Minor Operating Permit to operate a tool manufacturing facility in the City of Erie, Erie County. The facility's primary emission sources include machining, heat treating, degreasing and surface coating operations. The emissions from this facility are well below major source levels.
25-00930: Erie Shipbuilding, LLC (220 East Bayfront Parkway, Erie, PA 16507-2402) for operation of the facility's air contamination sources consisting of: blasting operation, paint spray booth, ship abrasive blasting, ship painting and a preheat for the blasting and surface coating of large ships in the City of Erie, Erie County. The facility is restricted to no more than 49.5 tpy VOC and 24.5 tpy for combined HAPs calculated on a 12-month rolling total. Compliance with these limits will be demonstrated by way of recordkeeping and reporting practices outlined in the operating permit.
33-00162: Coolspring Sand & Gravel Co., Inc. (P. O. Box 143, Coolspring Road, Coolspring, PA 15730) for an initial natural minor operating permit, to operate a gravel processing plant in Oliver Township, Jefferson County. The significant sources included, processing plant, three diesel engines and wet spray system. The facility is natural minor because the emission of pollutants from the facility is less than Title V threshold limits.
42-00172: Hexion Specialty Chemical, Inc. (P. O. Box 7227, Mount Jewett, PA 16740) for issuance of a Natural Minor Operating Permit to produce urea-formaldehyde resins in Sergeant Township, McKean County. The facility's primary emission sources include storage tanks and a resin kettle. The VOC and HAP emissions from this facility are well below major source levels.
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.
When 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.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
56753119 and NPDES No. PA0606201. Jenners, Inc., P. O. Box 171, Shelocta, PA 15774, permit renewal for the continued operation and restoration of a bituminous surface mine in Jenner Township, Somerset County, affecting 485.9 acres. Receiving streams: UNTs to Quemahoning and Hoffman Creeks classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is Cambria Somerset Authority Quemahoning SWI. Application received September 16, 2009.
Permit No. 56030104 and NPDES No. PA0249459. Elk Lick Energy, Inc., P. O. Box 240, Friedens, PA 15541, permit renewal for reclamation only of a bituminous surface coal mine in Jenner and Quemahoning Townships, Somerset County, affecting 171.9 acres. Receiving streams: UNTs to/and Twomile Run, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received September 14, 2009.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.
03090105 and NPDES Permit No. PA0251755. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Application for commencement, operation and reclamation of a bituminous surface mine, located in Bethel Township, Armstrong County, affecting 42 acres. Receiving streams: Crooked Creek and UNTs to Crooked Creek, classified for the following use: WWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Application received September 21, 2009.
03910115 and NPDES Permit No. PA36-07667. Allegheny Mineral Corp. (P. O. Box 1022, Kittanning, PA 16201). Revision application for SR 0422 road variance, located in West Franklin Township, Armstrong County, affecting 468.8 acres. Receiving stream: Buffalo Creek, classified for the following use: HQ-TSF. There is not potable water supply intake within 10 miles downstream from the point of discharge. Revision application received September 23, 2009.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
17980117 and NPDES No. PA0238104. Junior Coal Contracting, Inc. (2330 Six Mile Road, Philipsburg, PA 16866), permit renewal for the continued operation and restoration of a bituminous surface mine in Decatur Township, Clearfield County, affecting 75.6 acres. Receiving streams: Laurel Run and Little Laurel Run to Moshannon Creek to West Branch Susquehanna River, classified for the following uses: CWF, WWF. There are no potable water supply intakes within 10 miles downstream. Application received August 19, 2009.
18793005 and NPDES No. PA0596129. Confer Coal Company (P. O. Box 471, Milesburg, PA 16853), permit renewal for the continued operation and restoration of a bituminous surface mine in Beech Creek Township, Clinton County, affecting 329 acres. Receiving stream: South Fork of Tangascootack Creek, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received August 12, 2009.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.
40840202R5 and NPDES Permit No. PA0613703. Silverbrook Anthracite, Inc., (1 Market Street, Laflin, PA 18702), renewal of an existing anthracite coal refuse reprocessing and preparation plant operation in Laflin Borough, Luzerne County affecting 30.3 acres, receiving stream: Garden Creek. Application received September 21, 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.
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.
16990301. Glen Gery Corporation (P. O. Box 7001, 1166 Spring Street, Wyomissing, PA 19610). Renewal of NPDES Permit No. PA0241521, Monroe Township, Clarion County. Receiving stream: Reid's Run, classified for the following use: CWF. There are no potable surface water supply intakes within 10 miles downstream. NPDES Renewal application received September 23, 2009.
20090303. Hasbrouck Sand & Gravel, Inc. (12225 Gresham Road, Titusville, PA 16354). Commencement, operation and restoration of a sand and gravel operation in Oil Creek Township, Crawford County affecting 56.6 acres. Receiving stream: Oil Creek, classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is the Titusville City Municipal Water Authority. Revision to include a land use change from industrial and cropland to unmanaged water impoundment and unmanaged natural habitat. Application received September 22, 2009.
1929-20090303-E-1. Hasbrouck Sand & Gravel, Inc. (12225 Gresham Road, Titusville, PA 16354). Application for a stream encroachment to construct and place support facilities within 100 feet of Oil Creek in Oil Creek Township, Crawford County. Receiving streams: Oil Creek, classified for the following use: CWF. The first downstream potable water supply intake from the point of discharge is the Titusville City Municipal Water Authority. Application received September 22, 2009.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200.
08090305 and NPDES No. PA0257214. Johnson Quarries, Inc. (P. O. Box 136, LeRaysville, PA 18829), commencement, operation and restoration of a surface large noncoal mine in Wilmot Township, Bradford County, affecting 20 acres. Receiving streams: Rocky Forest Creek, UNT to Susquehanna River, Susquehanna River, classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received September 1, 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 Northeast Region: Watershed Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.
E40-703. City of Wilkes-Barre, 40 East Market Street, Wilkes-Barre, PA 18711, in City of Wilkes-Barre, Luzerne County, United States Army Corps of Engineers, Baltimore District.
To remove the existing structure and to construct and maintain a single-span prestressed concrete spread box beam bridge, having a clear normal span of 39 feet and a underclearance of 12 feet, across Mill Creek (CWF). The proposed project was previously authorized under Permit No. E40-626, which expired prior to the commencement of construction. The project is located West Sidney Street, approximately 0.8 mile upstream of SR 0309 (Pittston, PA Quadrangle Latitude: 41° 16` 13"; Longitude: -75° 50` 41").
E39-501. Douglas J. and Jill L. Mussleman, 5734 Snowy Orchid Lane, Allentown, PA 18104, in Upper Macungie Township, Lehigh County, United States Army Corps of Engineers, Philadelphia District.
To permanently impact 0.03 acre of isolated PSS wetlands for the construction of a single-family dwelling. The project is located within the residential development at Hopewell Woods, 55 Churchill Lane, Lot No. 5 (Allentown West, PA Quadrangle Latitude: 40° 33` 55"; Longitude: -75° 34` 19").
Northcentral Region: Watershed Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E08-458. Department of Transportation, Engineering District 3-0, P. O. Box 218, Montoursville, PA 17754-0218. SR 0220, Section 094, Bridge Structure Replacement and in-stream rock vane placement over Wolcott Creek, Athens Township, Bradford County, United States Army Corps of Engineers, Baltimore District (Sayre, PA Quadrangle N: 41° 55` 26"; W: 76° 31` 32").
The Department of Transportation, Engineering District 3-0 proposes to replace the existing single-span multi-stringer steel beam bridge with a single-span spread box beam bridge over Wolcott Creek. The existing hydraulic opening is 195 square feet and the proposed hydraulic opening is 264.5 square feet. The proposed bridge will be placed approximately on the existing vertical and horizontal alignment. Additionally, the project will place one rock cross vane upstream and downstream of the proposed bridge structure. Wolcott Creek is classified as a WWF by 25 Pa. Code Chapter 93 Water Quality Standards. The proposed project will not impact any jurisdictional wetlands.
E59-488. NFG Midstream Covington, LLC, P. O. Box 2081, Erie, PA 16512. Water Obstruction and Encroachment Joint Application, Covington Gathering Pipeline, in Bloss and Covington Townships, Tioga County, United States Army Corps of Engineers, Baltimore District (Blossburg, PA Quadrangle N: 41° 39` 34.58"; W: 77° 6` 5.02").
To construct, operate and maintain 6.63 miles of 12-inch natural gas and water pipeline within the Tioga River Watershed (CWF, MF). Construction of the pipeline will require 17 stream and eight wetland crossings. The project is centered north SR 2016 approximately 1 mile west of the intersection with SR 0015 outside the village of Arnot, Tioga County.
E59-489. Ultra Resources, Inc. 304 Inverness Way South, Englewood, CO 80112-5828. Water Obstruction and Encroachment Joint Application, Marshlands Play Pipelines, in Elk Township, Tioga County and Abbott, Pike and West Branch Townships, Potter County, United States Army Corps of Engineers, Baltimore District (Galeton, PA Quadrangle N: 41° 43` 8.7"; W: 77° 37` 12.8").
To construct, operate and maintain 1.25 miles of 8" natural gas and water pipeline within the Elk Run Watershed (HQ-CWF, MF-WF). Construction of the pipeline will require nine stream and nine wetland crossings. The project is centered along SR 3001 approximately 2.7 miles south of the intersection with SR 0006 outside the village of Marshlands, Tioga County.
Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1622. Bryan Gentile, 120 Riding Trail Lane, Pittsburgh, PA 15215. To construct a house and an indoor and outdoor riding area in Indiana Township, Allegheny County, United States Army Corps of Engineers, Pittsburgh District (Glenshaw, PA Quadrangle N: 14.2 inches; W: 4.0 inches, Latitude: 40° 34` 43.2"; Longitude: 79° 54` 14.3"). The applicant proposes to construct a house, an indoor riding area and outdoor riding arena. To expand an existing pond and convert it to a stormwater management facility, the applicant proposes to dredge an existing, 0.60 acre pond (POW); excavate approximately 0.06 acre of adjacent wetlands (PEM); and to relocate and expand (approximately 20 LF) an existing, 90 LF enclosure of a UNT to Shaffers Run (Tributary of Deer Creek, CWF). To create an outdoor riding arena, the applicant proposes to fill approximately 0.03 acre of the aforementioned wetland and approximately 120 LF of a UNT to Shaffers Run (Tributary to Deer Creek, CWF). The applicant proposes to directly affect 230 LF of watercourse and 0.09 acre of wetland. Both of the impacted watercourses have drainage areas less than 100 acres. To mitigate for wetland impacts, the applicant proposes to create 0.10 acre of wetland onsite.
E02-1623. Sampson-Morris Group, 2500 Eldo Road, Suite 1, Monroeville, PA 15146. To place fill in wetlands in Robinson Township, Allegheny County, United States Army Corps of Engineers, Pittsburgh District (Oakdale, PA Quadrangle N: 12.9"; W: 4.2", Latitude: 40° 26` 43"; Longitude: 80° 9` 23"). The applicant proposes to place and maintain fill in approximately 0.04 acre of wetlands in the watershed, for the purpose of constructing a parking lot. To mitigate for these impacts, the applicant proposes to pay into the Wetland Replacement Fund.
E26-354. Jacobs Creek Watershed Association, P. O. Box 1071, Mt. Pleasant, PA 15666. To construct a fish habitat in Bullskin Township, Fayette County, United States Army Corps of Engineers, Pittsburgh District (Connellsville, PA Quadrangle N: 20.3 inches; W: 2.9 inches, Latitude: 40° 6` 39"; Longitude: 79° 31` 13"). The applicant proposes to construct and maintain fish habitat structures and shoreline stabilization with rocks and vegetation for a length of 325 feet, along the south shore of Greenlick Dam on Greenlick Run.
E56-351. David S. Herroltz, P. O. Box 214, Laughlintown, PA 15655-0214. To construct and maintain a boat slip by excavation in Indian Lake Borough, Somerset County, United States Army Corps of Engineers, Pittsburgh District (Central City, PA Quadrangle N: 10.1 inches; W: 15.9 inches, Latitude: 40° 03` 20"; Longitude: 78° 51` 49"). The applicant proposes to construct and maintain a boat slip by excavating approximately 30 feet in the lake bank; to construct a retaining wall, dock and deck over the docking area; and to dredge an area of the lake bottom within a 75 feet radius of the boat slip. The project is located on Indian Lake.
Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E10-453, Armstrong Development Properties, Inc., 2100 Wharton Street, Pittsburgh, PA 15203. CVS Pharmacy, in Adams Township, Butler County, United States Army Corps of Engineers, Pittsburgh District (Mars, PA Quadrangle N: 40° 41` 30"; W: 80° 1` 7").
The applicant proposes to construct a pharmacy and associated parking and infrastructure at the NW corner of the intersection of SR 228 and SR 3019 (Pittsburgh Street) involving to construct and maintain: 1) a stream relocation of approximately 335 feet of a UNT Breakneck Creek to a constructed U-shaped concrete channel having a length of approximately 300 feet and a 3-foot high by 5-foot wide concrete box culvert having a length of approximately 45 feet; 2) an approximately 15-foot long extension on the upstream end of the existing Department of Transportation 2.5-foot diameter, 40-foot long RCP culvert under SR 3019 (Pittsburgh Street); 3) a waterline crossing of UNT Breakneck Creek; and 4) and two stormwater outfalls to UNT Breakneck Creek having 1.33-foot and 1.5-foot diameters respectively.
UNT Breakneck Creek is a perennial stream classified as a WWF. The applicant proposes to impact approximately 350 feet of stream channel.
ENVIRONMENTAL ASSESSMENT Northcentral Region: Program Manager, Watershed Management Program, 208 West Third Street, Williamsport, PA 17701.
EA12-003. Cameron County Conservation District, 20 East Fifth Street, Room 105, Emporium, PA 15834. Abandoned Mine Drainage Treatment System in Shippen Township, Cameron County, United States Army Corps of Engineers, Baltimore District.
The applicant proposes to construct a passive mine drainage treatment system adjacent to the former Cameron County Landfill. This system will treat six existing acid mine drainage seeps and discharge treated flows to wetlands along May Hollow Run. This project will permanently impact 0.1 acre of wetland through construction activities involved with collecting the drainage seeps. Mitigation for wetland impact will be achieved through water quality improvements to May Hollow and Sterling Runs (Cameron, PA Quadrangle N: 14.4 inches; W: 14.0 inches).
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
