[44 Pa.B. 5573]
[Saturday, August 23, 2014]
[Continued from previous Web Page]
COAL AND NONCOAL MINING ACTIVITY APPLICATIONS Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.20a). 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. A copy of the application is available for inspection at the district mining office indicated before each application. Notices of requests for 401 Water Quality Certifications are included in individual application notices, as noted.
Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application and request for Section 401 water quality certification 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 before 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 regarding 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.
A request 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 an NPDES number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. A separate notice will be provided after the draft NPDES permit is prepared.
Coal Applications Returned
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
43850105. Grove City Materials, LP (161 Plain Grove Road, Slippery Rock, PA 16057) Revision to add 5.0 acres to the surface mining permit in Pine & Mercer Townships, Mercer & Butler Counties. Receiving streams: Unnamed tributaries to Swamp Run. Application received: October 11, 2013. Application returned: August 5, 2014.
Coal Applications Received
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100
65091301 and NPDES No. PA0235873. C&D Coal Company, LLC, (200 Chestnut Ridge Rd., Latrobe, PA 15650). To revise the permit for the Kingston-West Mine in Derry Township, Westmoreland County to add acreage to the subsidence control plan permit area. Subsidence Control Plan Acres Proposed 372.4. No additional discharge. The application was considered administratively complete on August 5, 2014. Application received May 15, 2014.
30831303 and NPDES No. PA0013511. Cumberland Coal Resources, LP, (158 Portal Road, PO Box 1020, Waynesburg, PA 15370). To revise the permit for the Cumberland Mine in Center Township, Greene County to install one Gob-Ventilation Borehole (#60-6). Surface Acres Proposed 0.74. No additional discharges. The application was considered administratively complete on August 7, 2014. Application received March 13, 2014.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
65090101 and NPDES Permit No. PA0251593. Amerikohl Mining, Inc. (1384 State Route 711, Stahlstown, PA 15687). Renewal application for reclamation only to an existing bituminous surface mine, located in Rostraver Township, Westmoreland County, affecting 166.4 acres. Receiving streams: unnamed tributaries to Monongahela River and Monongahela River, classified for the following use: WWF. The potable water supply intake within 10 miles downstream from the point of discharge: West Penn Power/Mitchell Power Station. Renewal application received: August 7, 2014.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17030115 and NPDES PA0243612. Corey L. Shawver DBA Hilltop Coal Company (12 Dutchtown Road, Houtzdale, PA 16651). Permit renewal of an existing bituminous surface mine located in Bigler Township, Clearfield County affecting 212.6 acres. Receiving stream(s): Unnamed Tributary to Japling Run, Japling Run, and Unnamed Tributaries to Muddy Run classified for the following use(s): Cold Water Fishes. There are no potable water supply intakes within 10 miles downstream. Application received: August 6, 2014.
17030113 and NPDES PA0243591. Rob Holland Enterprises (52 Holland Lane, Curwensville, PA 16833). Permit renewal of an existing bituminous surface mine located in Lawrence Township, Clearfield County affecting 47.9 acres. Receiving stream(s): Unnamed Tributary to Montgomery Creek classified as the following use(s): Cold Water Fishes. There are no potable water supply intakes within 10 miles downstream. Application received August 6, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 54850104R5. Bell Corp., (PO Box 311, Tuscarora, PA 17982), renewal of an existing anthracite surface mine operation in Schuylkill Township, Schuylkill County affecting 102.5 acres, receiving stream: Schuylkill River, classified for the following uses: cold water and migratory fishes. Application received: July 23, 2014.
Permit No. 54850104C. Bell Corp., (PO Box 311, Tuscarora, PA 17982), correction of an existing anthracite surface mine operation in Schuylkill Township, Schuylkill County to update the post-mining land use from forestland to unmanaged natural habitat affecting 102.5 acres, receiving stream: Schuylkill River, classified for the following uses: cold water and migratory fishes. Application received: July 23, 2014.
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.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
41130801. Joshua D. Leidhecker (1380 Radio Club Road, Montoursville, PA 17754). Transfer of an existing small noncoal (shale) mining permit from Robert W. Leidhecker located in Fairfield Township, Lycoming County affecting 2.0 acres. Receiving stream(s): Bennetts Run. Application received: November 1, 2013. Permit issued: July 31, 2014.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 47140301 and NPDES Permit No. PA0225495. Hanson Aggregates PA, LLC, (7660 Imperial Way, Allentown, PA 18195), commencement, operation and restoration of a quarry operation in Liberty and Limestone Townships, Montour County (replacing 6275SM2 & 47950301) affecting 452.91 acres, receiving streams: unnamed tributary to Chillisquaque Creek and Chillisquaque Creek, classified for the following use: warm water fishes. Application received: July 18, 2014.
Permit No. 58030814. Thomas J. Shields, (1371 Baptist Hill Road, Hallstead, PA 18822), Stage I & II release of a quarry operation in Liberty Township, Susquehanna County affecting 3.0 acres, on property owned by Thomas J. Shields. Application received: July 23, 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 Chapter 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.
Coal NPDES Draft Permits
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
NPDES No. PA0248894 (Mining Permit No. 4072SM22), Penn Coal Land, Inc., P. O. Box 68 Boswell, PA 15531, renewal of an NPDES permit for treatment of a post mining discharge in Somerset Township, Somerset County, affecting 90 acres. Receiving stream(s): unnamed tributary to Kimberly Run, classified for the following use(s): Cold Water Fishes. This receiving stream is included in the Coxes Creek TMDL. Application received: August 20, 2010.
The outfall(s) listed below discharge to an unnamed tributary of Kimberly Run:
Outfall Nos. New Outfall (Y/N) 001 N The proposed interim effluent limits for the above listed outfall(s) will be effective until 18 month after the permit issuance:
Outfalls: 001 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Total Suspended Solids (mg/l) 35.0 70.0 90.0 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The proposed final effluent limits for the above listed outfall(s) will be effective after 18 months have passed since the permit issuance:
Outfalls: 001 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 2.0 4.0 5.0 Aluminum (mg/l) 2.0 4.0 5.0 Total Suspended Solids (mg/l) 35.0 70.0 90.0 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times Compliance Schedule
(1) The Department has determined that the water quality based effluent limitations (WQBEL) identified in Section A for outfall 001 are necessary in order to protect the water quality of the receiving stream (unnamed tributary to Kimberly Run) and to fulfill the present requirements of the Coxes Creek TMDL.
(2) Whereas the final WQBEL set out in Section A for outfall 001 are significantly more stringent than past effluent limits for those outfalls, and whereas the final effluent limits assigned in Section A for manganese cannot be met without modifications to the existing treatment facilities, the permittee shall comply with the interim effluent limits set forth in Section A during the compliance period and shall comply with the following paragraphs. The permittee shall:
a. Within the first six months following permit issuance, conduct an evaluation of the existing treatment facilities for Outfall 001 and determine what modifications are required to meet the effluent limitations set out in Section A. By the end of six months following permit reissuance, the permittee shall submit a report to the Department evaluating the treatment options and identifying the facility modifications required to meet the WQBEL set in Section A.
b. As part of the report described in paragraph (a), the permittee shall also submit a Treatment Plan to the Department for approval including specifications of the facility modifications, proposed schedule for construction, and demonstration that construction will be performed as soon as possible. In addition, the permittee shall submit complete applications for all permits or permit amendments necessary to install and operate the modifications to the Department for review. Following approval of the Treatment Plan and issuance of all necessary permits for the facility modifications, construction of the revised treatment systems shall commence no later than one year after reissuance of this NPDES permit. Construction and start-up of the facility modifications shall be completed, and attainment of the WQBEL set in Section A for Outfall 001 shall be achieved, by no later than eighteen months after reissuance (renewal) of this NPDES permit.
(3) The permittee shall implement the treatment facility modifications necessary to achieve the WQBEL of Section A according to the following compliance schedule:
a. Submit a report describing its evaluation of treatment facility
modification which will assure compliance with the effluent
limitations assigned in Section A.As soon as possible, but no later than within six months of permit reissuance. b. Submit a treatment plan and complete applications for all permits
necessary for the treatment equipment to the Department for
approval.As soon as possible, but no later than within six months of permit reissuance c. Commence construction of system modifications required to meet
the WQBELS in Part A.As soon as possible, but no later than within one year of permit reissuance. d. Complete treatment plant modifications/additions. Compliance
with final limits.As soon as possible, but no later than within 18 months of permit reissuance. e. Submit progress reports. Reports shall include updates, attainment,
or any progress made toward milestones, summary of results of any
supplemental sampling, and a discussion of compliance or
non-compliance with interim and final requirements.Every 6 months after permit reissuance until completion of the compliance period. (4) a. Pursuant to 40 CFR § 122.62, the permittee may make request to the Department for approval of a modification of the time period for completing step (d) of the compliance schedule in the table above (completion of construction and start-up of the treatment facility modifications within eighteen months of NPDES permit reissuance). The permittee's request for approval of a modification must demonstrate that the respective compliance schedule step cannot be completed within the prescribed time period. The permittee shall also provide an alternative time frame for completion of construction and start-up of the treatment technology; the alternative must be based on completing construction as soon as possible. The permittee's economic inability to comply with any of the obligations of this Compliance Schedule shall not be grounds for any extension of time.
b. The permittee shall submit a request for modification of the compliance schedule pursuant to this paragraph in writing to the Department within 10 working days of the date the permittee becomes aware or reasonably should have become aware of the event impeding performance. The written submission shall include all necessary documentation specifying the reasons for the delay, the expected duration of the delay, and the efforts which have been made and are being made by the permittee to mitigate the effects of the event and to minimize the length of the delay. The initial written submission may be supplemented within ten working days of its submission.
c. The Department will decide whether to grant all or part of the extension requested on the basis of all documentation submitted by the permittee and any other information available to the Department and will notify the permittee if writing of its decision. In any subsequent litigation, Penn Coal Land, Inc. shall have the burden of proving that the Department's refusal to grant the requested extension was an abuse of discretion based upon the information then available.
NPDES No. PA0248860 (Mining Permit No. 4075SM12), Penn Coal Land Inc., P. O. Box 68 Boswell, PA 15531, renewal of an NPDES permit for treatment of a post mining discharge in Summit Township, Somerset County, affecting 114.5 acres. Receiving stream(s): unnamed tributary to Casselman River, classified for the following use(s): Cold Water Fishes. This receiving stream is included in the Casselman River TMDL. Application received: August 20, 2010.
The outfall(s) listed below discharge to unnamed tributary to Casselman River:
Outfall Nos. New Outfall (Y/N) 001 N 002 N The proposed interim effluent limits for the above listed outfall(s) will be effective until 18 months from the issuance date of the permit:
Outfalls: 001 & 002 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 2.0 4.0 5.0 Total Suspended Solids (mg/l) 35.0 70.0 90.0 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The proposed interim effluent limits for the above listed outfall(s) will be effective after 18 months have passed from the issuance date of the permit:
Outfalls: 001 & 002 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 2.0 4.0 5.0 Aluminum (mg/l) 0.75 1.5 1.8 Total Suspended Solids (mg/l) 35.0 70.0 90.0 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times Compliance Schedule
(1) The Department has determined that the water quality based effluent limitations (WQBEL) identified in Part A for outfalls 001 and 002 are necessary for aluminum to fulfill the present requirements of the Casselman River TMDL.
(2) Whereas the final WQBEL set out in Part A for outfalls 001 and 002 are significantly more stringent than past effluent limits for those outfalls, and whereas the final effluent limits assigned in Part A cannot be met without modifications to the existing treatment facilities, the permittee shall comply with the interim effluent limits set forth in Part A during the compliance period and shall comply with the following paragraphs. The permittee shall:
a. Within the first six months following permit issuance, conduct an evaluation of the existing treatment facilities for Outfalls 001 and 002 and determine what modifications are required for each facility to meet the effluent limitations set out in Part A. Within six months following permit reissuance, the permittee shall submit a report to the Department evaluating the treatment options and identifying the facility modifications required to meet the WQBEL set in Part A.
b. As part of the report described in paragraph (a), the permittee shall also submit a Treatment Plan to the Department for approval including specifications of the facility modifications, proposed schedule for construction, and demonstration that construction will be performed as soon as possible. In addition, the permittee shall submit complete applications for all permits or permit amendments necessary to install and operate the modifications to the Department for review. Following approval of the Treatment Plan and issuance of all necessary permits for the facility modifications, construction of the revised treatment systems shall commence no later than twelve months after reissuance of this NPDES permit. Construction and start-up of the facility modifications shall be completed, and attainment of the WQBEL set in part A for Outfalls 001 and 002 shall be achieved, by no later than eighteen months after reissuance (renewal) of this NPDES permit.
(3) The permittee shall implement the treatment facility modifications necessary to achieve the WQBEL of Part A according to the following compliance schedule:
a. Submit a report describing its evaluation of treatment facility
modification which will assure compliance with the effluent
limitations assigned in Part A.As soon as possible, but no later than within six months of permit reissuance. b. Submit a treatment plan and complete applications for all permits
necessary for the treatment equipment to the Department for
approval.As soon as possible, but no later than within six months of permit reissuance c. Commence construction of system modifications required to meet
the WQBELS in Part A.As soon as possible, but no later than within 12 months of permit reissuance. d. Complete treatment plant modifications /additions. Compliance
with final limits.As soon as possible, but no later than within 18 months of permit reissuance. e. Submit progress reports. Reports shall include updates, attainment,
or any progress made toward milestones, summary of results of any
supplemental sampling and a discussion of compliance or
non-compliance with interim and final requirements.Every 6 months after permit reissuance until completion of the compliance period. (4) a. Pursuant to 40 CFR § 122.62, the permittee may make request to the Department for approval of a modification of the time period for completing step (d) of the compliance schedule in the table above (completion of construction and start-up of the treatment facility modifications within eighteen months of NPDES permit reissuance). The permittee's request for approval of a modification must demonstrate that the respective compliance schedule step cannot be completed within the prescribed time period. The permittee shall also provide an alternative time frame for completion of construction and start-up of the treatment technology; the alternative must be based on completing construction as soon as possible. The permittee's economic inability to comply with any of the obligations of this Compliance Schedule shall not be grounds for any extension of time.
b. The permittee shall submit a request for modification of the compliance schedule pursuant to this paragraph in writing to the Department within 10 working days of the date the permittee becomes aware or reasonably should have become aware of the event impeding performance. The written submission shall include all necessary documentation specifying the reasons for the delay, the expected duration of the delay, and the efforts which have been made and are being made by the permittee to mitigate the effects of the event and to minimize the length of the delay. The initial written submission may be supplemented within ten working days of its submission.
c. The Department will decide whether to grant all or part of the extension requested on the basis of all documentation submitted by the permittee and any other information available to the Department and will notify the permittee if writing of its decision. In any subsequent litigation, Penn Pocahontas Coal Company shall have the burden of proving that the Department's refusal to grant the requested extension was an abuse of discretion based upon the information then available.
NPDES No. PA0248878 (Mining Permit No. 4072SM2), Penn Coal Land Inc., P. O. Box 68 Boswell, PA 15531, renewal of an NPDES permit for treatment of a post mining discharge in Elk Lick Township, Somerset County, affecting 117.5 acres. Receiving stream(s): unnamed tributary to Meadow Run, classified for the following use(s): Cold Water Fishes. This receiving stream is included in the Casselman River TMDL. Application received: August 20, 2010.
The outfall(s) listed below discharge to unnamed tributary to Meadow Run
Outfall Nos. New Outfall (Y/N) 002 N The proposed interim effluent limits for the above listed outfall(s) will be effective until 18 months from the issuance date of the permit:
Outfalls: 002 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 2.0 4.0 5.0 Total Suspended Solids (mg/l) 35.0 70.0 90.0 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The proposed interim effluent limits for the above listed outfall(s) will be effective after 18 months have passed from the issuance date of the permit:
Outfalls: 002 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 1.9 3.8 4.8 Manganese (mg/l) 1.2 2.5 3.2 Aluminum (mg/l) 0.75 1.2 1.2 Total Suspended Solids (mg/l) 35.0 70.0 90.0 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times Compliance Schedule
(1) The Department has determined that the water quality based effluent limitations (WQBEL) identified in Part A for outfall 002 is necessary to fulfill the present requirements of the Casselman River TMDL.
(2) Whereas the final WQBEL set out in Part A for outfall 002 are significantly more stringent than past effluent limits for this outfall, and whereas the final effluent limits assigned in Part A cannot be met without modifications to the existing treatment facilities, the permittee shall comply with the interim effluent limits set forth in Part A during the compliance period and shall comply with the following paragraphs. The permittee shall:
a. Within the six months following permit issuance, conduct an evaluation of the existing treatment facilities for Outfall 002 and determine what modifications are required for each facility to meet the effluent limitations set out in Part A. By the end of the first six months following permit reissuance, the permittee shall submit a report to the Department evaluating the treatment options and identifying the facility modifications required to meet the WQBEL set in Part A.
b. As part of the report described in paragraph (a), the permittee shall also submit a Treatment Plan to the Department for approval including specifications of the facility modifications, proposed schedule for construction, and demonstration that construction will be performed as soon as possible. In addition, the permittee shall submit complete applications for all permits or permit amendments necessary to install and operate the modifications to the Department for review. Following approval of the Treatment Plan and issuance of all necessary permits for the facility modifications, construction of the revised treatment systems shall commence no later than one year after reissuance of this NPDES permit. Construction and start-up of the facility modifications shall be completed, and attainment of the WQBEL set in part A for Outfall 002 shall be achieved, by no later than eighteen months after reissuance (renewal) of this NPDES permit.
(3) The permittee shall implement the treatment facility modifications necessary to achieve the WQBEL of Part A according to the following compliance schedule:
a. Submit a report describing its evaluation of treatment facility
modification which will assure compliance with the effluent
limitations assigned in Part A.As soon as possible, but no later than within six months of permit reissuance. b. Submit a treatment plan and complete applications for all permits
necessary for the treatment equipment to the Department for
approval.As soon as possible, but no later than within six months of permit reissuance c. Commence construction of system modifications required to meet
the WQBELS in Part A.As soon as possible, but no later than within 12 months of permit reissuance. d. Complete treatment plant modifications /additions. Compliance
with final limits.As soon as possible, but no later than within 18 months of permit reissuance. e. Submit progress reports. Reports shall include updates, attainment,
or any progress made toward milestones, summary of results of any
supplemental sampling and a discussion of compliance or
non-compliance with interim and final requirements.Every 6 months after permit reissuance until completion of the compliance period. (4) a. Pursuant to 40 CFR § 122.62, the permittee may make request to the Department for approval of a modification of the time period for completing step (d) of the compliance schedule in the table above (completion of construction and start-up of the treatment facility modifications within eighteen months of NPDES permit reissuance). The permittee's request for approval of a modification must demonstrate that the respective compliance schedule step cannot be completed within the prescribed time period. The permittee shall also provide an alternative time frame for completion of construction and start-up of the treatment technology; the alternative must be based on completing construction as soon as possible. The permittee's economic inability to comply with any of the obligations of this Compliance Schedule shall not be grounds for any extension of time.
b. The permittee shall submit a request for modification of the compliance schedule pursuant to this paragraph in writing to the Department within 10 working days of the date the permittee becomes aware or reasonably should have become aware of the event impeding performance. The written submission shall include all necessary documentation specifying the reasons for the delay, the expected duration of the delay, and the efforts which have been made and are being made by the permittee to mitigate the effects of the event and to minimize the length of the delay. The initial written submission may be supplemented within ten working days of its submission.
The Department will decide whether to grant all or part of the extension requested on the basis of all documentation submitted by the permittee and any other information available to the Department and will notify the permittee if writing of its decision. In any subsequent litigation, Penn Coal Lands, Inc. shall have the burden of proving that the Department's refusal to grant the requested extension was an abuse of discretion based upon the information then available.
Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, 724-925-5500
NPDES No. PA0252409 (Mining permit no. 03130101), Amerikohl Mining, Inc., 202 Sunset Drive, Butler, PA 16001, new NPDES permit for a bituminous surface Madison Township, Armstrong County, affecting 186.0 acres. Receiving stream: unnamed tributaries Mahoning Creek to Mahoning Creek, classified for the following use: CWF. Application received: March 10, 2014.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.
The treated wastewater outfall(s) listed below discharge to unnamed tributary 3 to Mahoning Creek:
Outfall Nos. New Outfall (Y/N) TYPE TP-01 Y Treatment Facility The proposed effluent limits for the above listed outfall(s) are as follows:
Outfalls: 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 2.0 4.0 5.0 Aluminum (mg/l) 1.5 3.0 3.8 Total Suspended Solids (mg/l) 35 70 90 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The stormwater outfall(s) listed below discharge to Unnamed Tributary 3 to Mahoning Creek:
Outfall Nos. New Outfall (Y/N) TYPE SP-A Y Sedimentation Pond The proposed effluent limits for the above listed outfall(s) are as follows: for dry weather discharges
Outfalls: SP-A 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 3.0 6.0 7.0 Manganese (mg/l) 2.0 4.0 5.0 Aluminum (mg/l) 1.5 3.0 3.8 Total Suspended Solids (mg/l) 35 70 90 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The proposed effluent limits for the above listed outfall(s) are as follows: for precipitation events less than or equal to a 10 year/24 hour storm event
Outfalls: SP-A 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) NA NA 7.0 Total Suspended Solids (mg/l) NA NA 0.5 ml/l pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The treated wastewater outfall(s) listed below discharge to Unnamed Tributary 2 to Mahoning Creek:
Outfall Nos. New Outfall (Y/N) TYPE TP-02 Y Treatment Facility TP-03 Y Treatment Facility The proposed effluent limits for the above listed outfall(s) are as follows:
Outfalls: TP-02, TP-03 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 2.4 4.8 6.0 Manganese (mg/l) 1.6 3.2 4.0 Aluminum (mg/l) 1.2 2.4 3.0 Total Suspended Solids (mg/l) 35 70 90 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The stormwater outfall(s) listed below discharge to Unnamed Tributary 2 to Mahoning Creek:
Outfall Nos. New Outfall (Y/N) TYPE SP-B Y Sedimentation Pond SP-C Y Sedimentation Pond The proposed effluent limits for the above listed outfall(s) are as follows: for dry weather discharges
Outfalls: SP-B, SP-C 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) 2.4 4.8 6.0 Manganese (mg/l) 1.6 3.2 4.0 Aluminum (mg/l) 1.2 2.4 3.0 Total Suspended Solids (mg/l) 35 70 90 pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times The proposed effluent limits for the above listed outfall(s) are as follows: for precipitation events less than or equal to a 10 year/24 hour storm event
Outfalls: SP-B, SP-C 30-Day Daily Instant. Parameter Average Maximum Maximum Iron (mg/l) NA NA 7.0 Total Suspended Solids (mg/l) NA NA 0.5 ml/l pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
NPDES No. PA0242322 (Permit No. 24030102). AMFIRE Mining Company, LLC (One Energy Place, Suite 2800, Latrobe, PA 15650) Renewal of an existing NPDES permit for a bituminous surface mine in Fox Township, Elk County, affecting 172.5 acres. Receiving streams: Mill Run, classified for the following uses: CWF. TMDL: Bennett Branch Sinnemahoning Creek Watershed. Application received: June 23, 2014.
This proposed mine site also contains or is hydrologically connected to substandard discharges for which there is no responsible party. Pursuant to 25 Pa. Code Section 87.201, effluent limits for those discharges will be based upon the existing baseline pollution load, or the standards found at 25 Pa. Code Section 87.102(a) Group A, whichever is least stringent.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.
The outfall(s) listed below discharge to Mill Run:
Outfall No. New Outfall (Y/N) TP1 N TP2 N TP3 N TP4 N TP5 N TP7 N The proposed effluent limits for the above listed outfall(s) are as follows:
30-Day Daily Instant. Parameter Minimum Average Maximum Maximum pH1 (S.U.) 6.0 9.0 Iron (mg/l) 3 6 7 Manganese (mg/l) 2 4 5 Aluminum (mg/l) 2 4 5 Alkalinity greater than acidity1 Total Suspended Solids (mg/l) 35 70 90 1 The parameter is applicable at all times. The outfall(s) listed below discharge to Mill Run:
Outfall No. New Outfall (Y/N) S1 N S2 N S3 N S4 N S5 N S7 N S8 N S9 N The proposed effluent limits for the above listed outfall(s) are as follows:
30-Day Daily Instant. Parameter Minimum Average Maximum Maximum pH1 (S.U.) 6.0 9.0 Iron (mg/l) 7.0 Alkalinity greater than acidity1 Total Settleable Solids (ml/l) 0.5
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