Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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

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

PA Bulletin, Doc. No. 14-1172c

[44 Pa.B. 3241]
[Saturday, May 31, 2014]

[Continued from previous Web Page]

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


Actions on 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; the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P. S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1002).


Coal Permits Issued

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

Permit No. 54851305R5. S & J Coal Mine, (15 Motter Drive, Pine Grove, PA 17963), renewal of an existing anthracite underground mine operation in Cass Township, Schuylkill County affecting 1.08 acres, receiving stream: West Branch Schuylkill River. Application received: March 29, 2011. Renewal issued: May 13, 2014.

Permit No. 54851305GP104. S & J Coal Mine, (15 Motter Drive, Pine Grove, PA 17963), General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Underground Mining Permit No. 54851305 in Cass Township, Schuylkill County, receiving stream: West Branch Schuylkill River. Application received: June 20, 2012. Permit issued: May 13, 2014.

Permit No. 54851305C4. S & J Coal Mine, (15 Motter Drive, Pine Grove, PA 17963), correction to an existing anthracite underground to add a vein, a stream variance and a name change from D & F Deep Mine Coal Co. in Cass Township, Schuylkill County affecting 1.08 acres, receiving stream: West Branch Schuylkill River. Application received: February 21, 2014. Correction issued: May 13, 2014.

Noncoal Permits Issued

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

16130802. Ron Corcetti (240 Corcetti Lane, Knox, PA 16232) Commencement, operation and restoration of a small industrial minerals mine in Beaver Township, Clarion County, affecting 5.0 acres. Receiving streams: Canoe Creek. Application received: May 7, 2013. Permit Issued: May 14, 2014.

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

Blasting Permits Issued

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

03144002. Precision Geophysical, Inc. (2695 State Route 83 South, Millersburg, OH 44654). Blasting activity permit to conduct seismic activity for the Apex 2D located in Sugarcreek, West Franklin and East Franklin Townships, Armstrong County with an exploration date of December 31, 2014. Blasting permit issued: May 16, 2014.

Geokinetics. (P.O. Box 487, Washington, PA 15301). Blasting activity permit to conduct seismic activity for the Finley 3D located in Donegal, West Finley and East Finley Townships, Washington County with an exploration date of April 30, 2015. Blasting permit issued: May 16, 2014.

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

10144002. Allegheny Excavating, Inc. (120 McElroy Road, Cranberry Twp., PA 16066) Blasting activity permit for stormwater structures installation in Cranberry Township, Butler County. This blasting activity permit expires July 1, 2014. Permit Issued: May 13, 2014.

04144002. Graham and Sons, Inc. (109 Burke Street, Ellwood City, PA 16117) Blasting activity permit for construction blasting at Pittsburgh International Race Complex in the City of Beaver Falls, Beaver County. This blasting activity permit expires July 1, 2014. Permit Issued: May 13, 2014.

24144005. Discovery Acquisitions Services, Inc. (4141 Katy Hockley Road, Katy, TX 77493) Blasting activity permit for seismic exploration in Jones Township and the City of St. Marys, Elk County. This blasting activity permit expires December 31, 2014. Permit Issued: May 13, 2014.

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200

08144102. John H. Brainard (3978 SR 2073, Kingsley, PA 18826-7039). Blasting for Hawbaker Pad located in Smithfield Township, Bradford County with an expiration date of December 31, 2014. Permit issued May 14, 2014.

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

Permit No. 35144104. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for PPL Substation in Covington Township, Lackawanna County with an expiration date of May 9, 2015. Permit issued: May 14, 2014.

Permit No. 36144118. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Woodcrest Retirement Home in East Lampeter Township, Lancaster County with an expiration date of May 6, 2015. Permit issued: May 14, 2014.

Permit No. 36144119. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for a single dwelling at 2381 Stumpton Road in East Lampeter Township, Lancaster County with an expiration date of August 30, 3014. Permit issued: May 14, 2014.

Permit No. 36144120. Keystone Blasting Service, (15 Hopeland Road, Lititz, PA 17543), construction blasting for Spooky Nook Sport Complex in East Hempfield Township, Lancaster County with an expiration date of December 31, 2014. Permit issued: May 14, 2014.

Permit No. 48144103. Schlouch, Inc., (P.O. Box 69, Blandon, PA 19510), construction blasting for Madison Farms in Bethlehem Township, Northampton County with an expiration date of May 8, 2015. Permit issued: May 14, 2014.

Permit No. 48144104. Brubacher Excavating, Inc., (P.O. Box 528, Bowmansville, PA 17507), construction blasting for Majestic Bethlehem Center in the City of Bethlehem and Lower Saucon Township, Northampton County with an expiration date of May 7, 2015. Permit issued: May 14, 2014.

Permit No. 52144103. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for I-84 improvements in Milford Township, Pike County with an expiration date of May 6, 2015. Permit issued: May 14, 2014.

Permit No. 67144105. John W. Gleim, Jr., Inc., (625 Hamilton Street, Carlisle, PA 17013), construction blasting for Quality Greenhouse pond in Franklin Township, York County with an expiration date of December 15, 2014. Permit issued: May 14, 2014.

MINING ACTIVITY NPDES DRAFT PERMITS

 This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376). The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.

Effluent Limits for Coal Mining Activities

 For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).

 The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l
Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l
Suspended solids 35 mg/l 70 mg/l 90 mg/l
pH* greater than 6.0; less than 9.0
Alkalinity greater than acidity*
* The parameter is applicable at all times.

 In addition, the Department imposes a technology-based aluminum limit of 2.0 mg/l (30 day average) to protect stream uses.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applies 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; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

 Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

Effluent Limits for Noncoal Mining Activities

 The BAT limits for noncoal mining activities as provided in 40 CFR Part 436 and 25 Pa. Code Chapters 77 are as follows:

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids 35 mg/l 70 mg/l 90 mg/l
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.

 Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.

 In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.

 More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are 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 (MOU) Concerning Water Quality Management, NPDES Program Implementation, and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.

 Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.

 Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit 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 § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice and contain the name, address, telephone number and the interest of the party filing the request, and 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. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

 The Department has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).

 Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.

 Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.

 For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

 Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law and Notice of Final Action for Certification under section 401 of the FWPCA.

Permits, Environmental Assessments and 401 Water Quality Certifications Issued:

WATER OBSTRUCTIONS AND ENCROACHMENTS

Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.

E21-437: North Middleton Township, 2051 Spring Road, Carlisle, PA 17013 in North Middleton Township, Cumberland County, U.S. Army Corps of Engineers Baltimore District

 To 1) Remove the existing structure and install and maintain a 54.0 foot long, 24.0 foot wide bottomless concrete arch culvert over Alexander Spring Creek (CWF) (Latitude 40° 12` 31.8"; Longitude -77° 14` 47.35") located along Meadowbrook Road (T-706) for the purpose of increased roadway safety. The proposed culvert will permanently impact 0.03 acre of PEM wetland and temporarily impact an additional 0.01 acre of PEM wetland. At an offsite location, 0.03 acre of wetland mitigation will be provided; and 2) Remove the existing structures and install and maintain a 41.1 foot long, 14.0 foot wide bottomless concrete arch culvert over Alexander Spring Creek (CWF) located along Dyarman Road (Latitude: 40° 12` 33.4"; Longitude: -77° 14` 42.4") for the purpose of increased roadway safety. No wetlands will be affected by this activity. The permit was issued effective May 1, 2014.

E38-191: Northern Lebanon County Authority, PO Box 434, Jonestown, PA 17038 in Union Township, Lebanon County, U.S. Army Corps of Engineers, Baltimore District

 To construct and maintain an expansion to an existing wastewater treatment plant, including (1) constructing a structure containing more tanks and rooms associated with wastewater treatment; (2) constructing a structure containing influent, dry and wet wells; and (3) expanding drive areas, which disturbs approximately 3.13 acres within the floodplain of the Swatara Creek (WWF/MF) in Union Township, Lebanon County (Latitude 40° 24` 41", Longitude -76° 29` 17"). The permit was issued effective May 12, 2014.

E28-378: Food Lion, LLC, PO Box 790, Greencastle, PA 17225 in Antrim Township, Franklin County, U.S. Army Corps of Engineers Baltimore District

 To remove an existing abandoned wooden stream crossing and to construct and maintain a 44.0-foot long by 19.08-foot wide by 4.17-foot high bottomless aluminum arch culvert with a 36.0-inch HDPE overflow pipe in an unnamed tributary to Conococheague Creek (WWF), and to install and maintain a 4-inch electric utility line across an unnamed tributary to Conococheague Creek (WWF) for the purpose of providing access to an existing distribution warehouse. The project is located along Armada Drive within Antrim Commons Business Park in Antrim Township, Franklin County (Greencastle, PA Quadrangle, Latitude: 39° 45` 53"; Longitude: -77° 44` 07") in Antrim Township, Franklin County. No wetlands will be impacted. The permit was issued effective May 14, 2014.

Northwest Region: Oil and Gas Management Program Manager, 230 Chestnut Street, Meadville, PA 16335

E43-08-006, Halcon Field Service LLC, 1000 Louisiana Street, Suite 6700, Houston, TX 77002-6003, Reges to Pilgram 1H Natural Gas Pipeline in Otter Creek and Delaware Townships, Mercer County, ACOE Pittsburgh District (Greenville East and Fredonia, PA Quadrangle, N: 41° 23` 13.55"; W: 80° 18` 36").

 The applicant proposes to construct and maintain approximately 14,600 linear feet of 16 inch diameter, steel natural gas pipeline in Otter Creek and Delaware Townships, Mercer County, PA. The proposed pipeline will connect Halcon Operating Company, Inc's proposed Reges well pads to their proposed Pilgrim 1H well pad.

 The water obstructions and encroachments for the purposes of installing the pipeline are described below:

 01 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Otter Creek (TSF), having 45 linear feet of temporary stream impact. 41.381175° N; -80.286441° W

 02 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Otter Creek (TSF), having 40 linear feet of temporary stream impact. 41.378887° N; -80.283665° W

 03 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Otter Creek (TSF), having 60 linear feet of temporary stream impact. 41.378145° N; -80.283616° W

 04 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a UNT to Otter Creek (TSF), having 60 linear feet of temporary stream impact. 41.376655° N; -80.283535° W

 05 One (1) 16 inch diameter, steel natural gas gathering line with associated right-of-way and a temporary road to cross a palustrine Emergent (PEM) wetland, having .05 acre of temporary impact. 41.379715° N; -80.283651° W

 06 One (1) 16 inch diameter, steel natural gas gathering line to be bored under a palustrine forested/palustrine shrub, scrub (PFO/PSS) wetland, having a crossing length of 750 linear feet. 41.38307° N; -80.295581° W

 07 One (1) 16 inch diameter, steel natural gas gathering line to be bored under Otter Creek (TSF), having a crossing length of 20 linear feet. 41.369665° N; -80.280203° W

 08 One (1) 16 inch diameter, steel natural gas gathering line to be bored under a palustrine forested/ palustrine emergent (PFO/PEM) wetland, having a crossing length of 86 linear feet. 41.369203° N; -80.279959° W

ENVIRONMENTAL ASSESSMENTS

Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.

EA36-031: Borough of Manheim, 15 East High Street, Manheim, PA 17545 in Manheim Borough, Lan-caster County, U.S. Army Corps of Engineers Baltimore District

 To construct and maintain a stream restoration project along 1,042 feet of Rife Run (WWF, MF) including: 1.) the creation of 458.0 feet of new stream channel; 2.) the removal of 9,500 cubic yards of legacy sediment from the floodway of Rife Run (WWF, MF); 3.) the installation of five log sills; 4.) the construction of 477.0 feet of toe wood structures; 5.) the construction of a 93.0-foot long, 6.0-foot wide pedestrian boardwalk in the floodway of Rife Run (WWF, MF), having an underclearance of 3.12 feet; and 6.) the removal of 35.0 feet of a 12.0 inch CMP pipe from the floodway of Rife Run (WWF, MF) all for the purpose of improving water quality in Rife Run. The project is located near the intersection of Rettew Lane and East High Street (Manheim, PA Quadrangle, Latitude 40°09`25.1"N, Longitude: 76°24`16.2"W) in Manheim Borough, Lancaster County. No wetlands will be impacted by this project. The Environmental Assessment was approved on May 13, 2014.

EROSION AND SEDIMENT CONTROL

 The following Erosion and Sediment Control permits have been issued.

 Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board`s rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.

 For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

 Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.

Northwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335

ESCGP-1 #ESX14-073-0005—Mahoning Hoffmaster Well  Site
Applicant Hilcorp Energy Company
Contact Stephanie McMurray
Address 1201 Louisiana St. Suite 1400
City Houston State TX Zip Code 77002
County Lawrence Township(s) Mahoning(s)
Receiving Stream(s) and Classification(s) UNT to Mahon-
 ing River WWF

STORAGE TANKS

SITE-SPECIFIC INSTALLATION PERMITS


The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101—6021.1102) and under 25 Pa Code Chapter 245, Subchapter C, have been issued by the Bureau of Environmental Cleanup and Brownfields, Director, PO Box 8763, Harrisburg, PA 17105-8763.

SSIP
Permit No.
Applicant Name &
Address
County Municipality Tank Type Tank Capacity
14-51-021 Eco-Energy Distribution-
Philadelphia, LLC
725 Cool Springs Boulevard, Suite 500
Franklin, TN 37067-2710
Attn: Chadwick Conn
Philadelphia City of Philadelphia 2 ASTs storing
ethanol
7,200,000 gallons total
[Pa.B. Doc. No. 14-1172. Filed for public inspection May 30, 2014, 9:00 a.m.]



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.