[46 Pa.B. 2428]
[Saturday, May 14, 2016]
[Continued from previous Web Page]
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS The 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 general public. This approach allows the owner or operator of a facility to submit permitting documents relevant to its application for all sources related to a facility or a proposed project, affords an opportunity for public input, and provides for a decision on the issuance of the necessary permits.
The Department received applications for Plan Approvals or Operating Permits from the following facilities.
Copies of the application, the Department's analysis, all pertinent documents used in the evaluation of the application and subsequently prepared proposed plan approvals/operating permits are available for public review during normal business hours at the appropriate Department Regional Office. Appointments for scheduling a review must be made by calling the appropriate Department Regional Office. The address and phone number of the Regional Office is listed before the application notices.
Persons wishing to file a written protest or provide comments or additional information, which they believe should be considered prior to the issuance of a permit, may submit the information to the Department's Regional Office. A 30-day comment period from the date of this publication will exist for the submission of comments, protests and information. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval/Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the permit.
A person wishing to request a hearing may do so during the 30-day comment period. A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted based on the information received. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper, the Pennsylvania Bulletin or by telephone, when the Department determines this type of notification is sufficient. Requests for a public hearing and any relevant information should be directed to the appropriate Department Regional Office.
Permits issued to the owners or operators of sources subject to 25 Pa. Code Chapter 127, Subchapter D or E, or located within a Title V facility or subject to 25 Pa. Code § 129.51(a) or permits issued for sources with limitations on their potential to emit used to avoid otherwise applicable Federal requirements may be submitted to the United States Environmental Protection Agency for review and approval as a revision to the State Implementation Plan. Final Plan Approvals and Operating Permits will contain terms and conditions to ensure that the sources are constructed and operating in compliance with applicable requirements in the Air Pollution Control Act (35 P.S. §§ 4001—4015), 25 Pa. Code Chapters 121—145, the Federal Clean Air Act (42 U.S.C.A. §§ 7401—7671q) and regulations adopted under the Federal Clean Air Act.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office listed before the application. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
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.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401
Contact: James A. Beach, New Source Review Chief—Telephone: 484-250-5920
46-0172F: Gemalto, Inc. (101 Park Drive, Montgomeryville, PA 18936) for the installation of a new Sakurai Screen Press replacing an old existing screen press & the installation of a VOC control system at an existing facility located in Montgomeryville, Montgomery County. The primary pollutant of concern is volatile organic compound (VOC) emissions from the inks and solvents to be used in the operation of this press. There will not be any increase in any pollutant due to this modification. Gemalto is categorized as a synthetic minor facility. The Plan Approval will contain recordkeeping and operating restrictions designed to keep the facility operating within the allowable emissions and all applicable air quality requirements.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2507
35-00069B: Lackawanna Energy Center LLC (1 South Wacker Drive, Suite 1900, Chicago, IL 60606) Notice is hereby given under 25 Pa. Code § 127.44 and 40 CFR 52.21, that the Department of Environmental Protection (Department) intends to issue the proposed Air Quality Plan Approval 35-00069B: Lackawanna Energy Center LLC (1 South Wacker Drive, Suite 1900, Chicago, IL 60606) to construct, own, and operate a natural gas-fired combined-cycle power plant to produce a nominal 1,500 MW of electricity in Jessup Borough, Lackawanna County and is soliciting comments on the above plan approval.
This Plan Approval is for a configuration change to the plant layout but does not add any new emission sources or increase emission levels which have already been reviewed under Plan Approval 35-00069A. The modification proposes utilizing (3) smaller steam turbines and three (3) smaller air cooled condensers in place of the original planned single steam turbine and single air cooled condenser. The steam turbines and air cooled condensers are not air emission sources, therefore this plan approval does not change emission limits imposed under the previously issued Plan Approval (35-00069A).
Due to the reconfiguration of the plant layout, this Plan Approval was required to incorporate the revised Air Quality modeling that was conducted to assure this change would not cause any violation of the National Ambient Air Quality Standards.
In accordance with the Prevention of Significant Deterioration (PSD) regulations in 40 CFR 52.21 and 25 Pa. Code § 127.83, Lackawanna Energy Center LLC has conducted an air quality analysis which utilizes dispersion modeling. Lackawanna Energy Center's air quality analysis satisfies the requirements of the PSD regulations and is consistent with the U.S. Environmental Protection Agency's (EPA) Guideline on Air Quality Models (40 CFR Part 51, Appendix W) and the EPA's air quality modeling policy and guidance.
In accordance with 40 CFR 52.21(k), Lackawanna Energy Center's air quality analysis demonstrates that the proposed emissions from Lackawanna Energy Center's facility would not cause or contribute to air pollution in violation of the National Ambient Air Quality Standards (NAAQS) for carbon monoxide (CO), nitrogen dioxide (NO2), particulate matter less than or equal to 2.5 micrometers in diameter (PM-2.5), or particulate matter less than or equal to 10 micrometers in diameter (PM-10). Lackawanna Energy Center's air quality analysis demonstrates that the proposed emissions from Lackawanna Energy Center's facility would not cause or contribute to air pollution in violation of the increments for NO2, PM-2.5, or PM-10.
In accordance with 40 CFR 52.21(o), Lackawanna Energy Center provided a satisfactory analysis of the impairment to visibility, soils, and vegetation that would occur as a result of Lackawanna Energy Center's facility and general commercial, residential, industrial, and other growth associated with Lackawanna Energy Center's facility.
In accordance with 40 CFR 52.21(p), written notice of Lackawanna Energy Center's proposed facility has been provided to the Federal Land Managers of nearby Class I areas as well as initial screening calculations to demonstrate that the proposed emissions from Lackawanna Energy Center's facility would not adversely impact air quality related values and visibility in nearby federal Class I areas.
In accordance with the public notice requirements in 25 Pa. Code § 127.45(b)(4), the degree of Class II and Class I increment consumption expected to result from the operation of Lackawanna Energy Center's facility is provided in the following tables:
Table 1—Degree of Class II Increment Consumption from Operation of Lackawanna Energy Center's Facility
Pollutant Averaging
PeriodDegree of Class II Increment Consumption Class II Increment micrograms per
cubic meter% of Class II
Incrementmicrograms
per cubic meterNO2 Annual < 0.35345 < 1.42% 25 PM-2.5 24-Hour < 6.47317 < 71.93% 9 Annual < 0.33259 < 8.32% 4 PM-10 24-Hour < 6.28462 < 20.95% 30 Annual < 0.32620 < 1.92% 17
Table 2—Degree of Class I Increment Consumption from Operation of Lackawanna Energy Center's Facility
Pollutant Averaging
PeriodDegree of Class I Increment Consumption Class I Increment micrograms per
cubic meter% of Class I
Incrementmicrograms
per cubic meterNO2 Annual < 0.00179 < 0.08% 2.5 PM-2.5 24-Hour < 0.01112 < 0.56% 2 Annual < 0.00123 < 0.13% 1 PM-10 24-Hour < 0.01079 < 0.14% 8 Annual < 0.00119 < 0.03% 4
Persons wishing to provide the Department with additional information, which they believe should be considered prior to the issuance of the Plan Approval, may submit the information to the address shown below. The Department will consider any written comments received within 30 days of the publication of this notice. 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. 35-00069B; a concise statement regarding the relevancy of the information or any objections to the issuance of the Plan Approval.
A public hearing will be held for the purpose of receiving comments only specific to the proposed reconfiguration of the steam turbines and air cooled condensers within the proposed air quality plan approval. The hearing will be held on Monday, June 20, 2016 from 6-9:30 pm at Valley View High School, 1 Columbus Dr., Archbald, PA 18403. Persons interested in commenting are invited to appear at the public hearing.
Copies of the application, air modeling analysis used in the evaluation, the Department's technical review and other supporting documents are available for public inspection between the hours of 8 a.m. and 4 p.m. at the Department's Wilkes-Barre Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. Appointments for scheduling a review may be made by calling (570) 826-2511.
The general procedures for the hearing are as follows:
To develop an agenda for the hearing, the Department requests that individuals wishing to testify at the hearing submit a written notice of their intent. The notice should be sent to Mark Wejkszner, Hearing Examiner, Department of Environmental Protection, Air Quality Program, Wilkes-Barre Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. The Department will accept notices up to the day of the public hearing. This written notice should include the person's name, address, telephone number and a brief description as to the nature of the testimony. Individuals who submit a notice of intent to testify will be given priority on the agenda. If time permits, the Department will allow individuals who have not submitted a notice of intent to testify to present their comments.
Each individual will have up to 5 minutes to present testimony. The Department requests that individuals present written copies of their testimony in addition to their oral presentations.
To insure that all speakers have a fair and equal opportunity to present their testimony, relinquishing of time will be prohibited. Further details relating to the procedures to be followed at the hearing will be outlined at the beginning of the hearing.
Persons unable to attend the hearing can submit written testimony to the Department through June 30, 2016.
The Department will address comments from the public before a final action is taken on the proposal. A summary report addressing the concerns raised by the public will be released should the Department decide to issue the Plan Approval. Send written comments to Mark Wejkszner, Regional Air Quality Program Manager, Wilkes-Barre Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations should contact the Department at the address shown above, or the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may address their needs.
For additional information regarding the above, contact Mark Wejkszner at (570)-826-2511 or write to the Department at the Wilkes-Barre address given previously.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702
07-03034F: Alpha Metals, Inc. (4100 Sixth Avenue, Altoona, PA 16602) for the installation of a melting furnace at their secondary non-ferrous metals smelting and reclaiming facility in the City of Altoona, Blair County. The furnace will be controlled by a settling chamber, scrubber and fabric filter. Potential emissions of particulate matter (PM) from the furnace crushing plant are estimated at well below one (1) ton per year. The Plan Approval will include emission limits and work practice standards along with testing, monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations.
PLAN APPROVAL
PUBLIC HEARINGS
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702
In accordance with 25 Pa. Code Chapter 127 and 40 CFR 51.102 (State Implementation Plan), the Department of Environmental Protection (DEP) hereby gives notice of the intent to renew and issue Title V Operating Permit No. 21-05002 to PPG Industries, Inc. (400 Park Drive, Carlisle, PA 17013-9271) to include approval of a revision to the RACT Plan for the control of NOx emissions from for their flat glass manufacturing facility in South Middleton Township, Cumberland County. The new provisions being approved as RACT already appear in the PA State Implementation Plan (SIP), under 25 Pa. Code §§ 129.93(c) and 129.301—129.310. The removal of the current case-by-case RACT plan from the SIP, based on the 12/22/94 RACT Permit 21-2002, would be submitted to EPA as a revision to the SIP. The actual emissions from the facility in 2014 are estimated at 29 tpy CO; 2,421 tpy NOx; 25 tpy VOC; 264 tpy PM10; 410 tpy SOx and <1 tpy HAP.
Based on the information provided by PPG, and the Department's analysis, this revision to the facility's RACT plan complies with the requirements of 25 Pa. Code §§ 129.91 and 129.92. The Glass Furnaces No. 1 and No. 2 were the only units at the facility that required a case-by-case RACT plan under the 1994 RACT regulation. The original RACT determination for these units resulted in them being subject to a case-by-case RACT NOx limit of 26.75 pounds of NOx per ton of glass produced, under the 12/22/94 RACT Permit 21-2002. Under 25 Pa. Code § 129.304(a)(4), Furnace No. 2 has a new, more stringent NOx limit of 7.0 pounds of NOx per ton of glass produced. PPG has submitted a petition under 25 Pa. Code § 129.304(c)(1) to retain the existing standard of 26.75 pounds of NOx per ton of glass produced for Furnace No. 1. At the time the 12/22/94 RACT Permit 21-2002 limits were established, compliance with them was verified by annual stack testing employing three 1-hour test runs. NOx emissions from both furnaces are now measured by continuous emissions monitoring systems (CEMS) installed in accordance with 25 Pa. Code § 129.308. The CEMS verification will replace the previous stack testing requirement, and the averaging period to demonstrate compliance with the pounds of NOx per ton of glass produced standards for both furnaces will be a 30-day rolling average, consistent with 25 Pa. Code § 129.309(d).
All pertinent documents are available for public review at DEP's Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110. An appointment to review the documents may be scheduled by contacting Mr. Jesse Klick at 717.705.6648 between 8:00 a.m. and 3:30 p.m., Monday through Friday, except holidays. DEP will hold one public hearing on Tuesday, June 21, 2016, at DEP's Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA 17110 from 9:00 a.m. until all scheduled oral comments are received. Those wishing to comment orally are requested to contact Mr. Viren Trivedi, New Source Review Chief, Southcentral Regional Office, at 717-705-4863, to schedule their testimony. Testimony must be pre-scheduled by no later than Tuesday, June 14, 2016. Oral testimony which has not been pre-scheduled will not be accepted at the hearing. Commenters are requested to provide two (2) written copies of their remarks at the time of the hearing. Oral testimony will be limited to five (5) minutes per person. Organizations are requested to designate a representative to present testimony on their behalf. Written comments may be submitted to the Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110 no later than Thursday, July 14, 2016. Individuals who are in need of an accommodation for the hearing as provided for in the Americans with Disabilities Act should contact Mr. Trivedi at the number provided above or make accommodations through the Pennsylvania AT&T Relay Service at 1.800.654.5984 (TTY).
OPERATING PERMITS
Intent to Issue Title V Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702
21-05002: PPG Industries, Inc. (400 Park Drive, Carlisle, PA 17013-9271) for their flat glass manufacturing facility in South Middleton Township, Cumberland County. The actual emissions from the facility in 2014 are estimated at 29 tpy CO; 2,421 tpy NOx; 25 tpy VOC; 264 tpy PM10; 410 tpy SOx and <1 tpy HAP. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 25 Pa. Code § 123.22, Sulfur Compound Limits for Combustion Units; 25 Pa. Code § 129.93(c), Presumptive RACT Emission Limitations; 25 Pa. Code §§ 129.301—129.310, Control of NOx emissions from Glass Melting Furnaces; 40 CFR Part 63, Subpart ZZZZ, National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines, and 40 CFR Part 60, Subpart IIII, Standards of Performance for Stationary Compression Ignition Internal Combustion Engines. The permit will also include approval of a revision to the RACT Plan for the control of NOx emissions from the facility. The new provisions being approved as RACT already appear in the PA State Implementation Plan (SIP), under 25 Pa. Code §§ 129.93(c) and 129.301—129.310. The removal of the current case-by-case RACT plan based on the 12/22/94 RACT Permit 21-2002, would be submitted to EPA as a revision to the State Implementation Plan. Please refer to the public hearing notice for this proposed SIP action found elsewhere in this edition of the Pennsylvania Bulletin.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481
Contact: Dave Balog, New Source Review Chief—Telephone: 814-332-6940
10-00062: Slippery Rock University of Pennsylvania, Inc. (One Morrow Way, Slippery Rock, PA 16057) to re-issue the Title V permit for the facility located in the Borough of Slippery Rock, Mercer County. The facility's emission sources include a 26 million Btu/hr natural gas fueled boiler; two 35 million Btu/hr natural gas and limited-use coal dual fueled boilers; a 39 million Btu/hr natural gas and limited-use coal dual fueled boiler; a parts washer; and 20 natural gas fueled emergency generators. Actual reported emissions for the facility for 2014 were: 25.76 tons NOx; 88.90 tons SOx; 15.99 tons CO; 24.46 tons PM-10; 12.23 tons PM-2.5; 0.79 tons VOCs; 2.66 tons all HAPs combined; and 14,594 ton CO2. This facility is subject to 40 CFR Part 60 Subpart Dc, Standards of Performance for Small Industrial, Commercial, and Institutional Steam Generating Units. It is also subject to 40 CFR Part 63 Subpart JJJJJJ, National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources. The facility is subject to the Title V Operating Permit requirements adopted in 25 Pa. Code Chapter 127, Subchapter G. The conditions of the previous plan approvals and operating permit are incorporated into the renewal permit.
Intent to Issue Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401
Contact: Janine Tulloch-Reid, Facilities Permitting Chief—Telephone: 484-250-5920
09-00198: Mount Materials, LLC (427 South White Horse Pike, Berlin, NJ 08009), for operation of two portable non-metallic mineral processing plants and the associated screeners, conveyors and diesel engines in Falls Township, Bucks County. This action is a renewal of a State-only Operating Permit and incorporation of four (4) General Permits into the Operating Permit. This facility is re-categorized as a State-only Synthetic Minor facility as its PTE NOx emissions exceed the threshold. The facility will remain below the NOx threshold by operating according to the operating hours limitations within the permit. The renewal contains monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702
36-05126: Pennsy Supply, Inc. (P.O. Box 4688, Lancaster, PA 17604-4688) to issue a State-Only Operating Permit for a batch asphalt plant controlled by a knock-out box and a fabric filter at Donegal Quarry, Heisey Quarry Road in West Donegal Township, Lancaster County. Actual emissions from the facility in 2014 were estimated at 4.95 tons CO, 1.49 ton NOx, 0.55 ton PM10, 0.55 ton PM2.5, 1.09 ton SOx, 0.45 ton VOC, and 0.09 ton of combined HAPs. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 40 CFR 60, Subpart I—Standards of Performance for Hot Mix Asphalt Facilities.
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 Received
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100
56773707 and NPDES No. PA0215775 and GP12-56773707. PBS Coals, Inc., (1576 Stoystown Road, PO Box 260, Friedens, PA 15541). To renew the permit for the Cambria Fuel Refuse Disposal Area in Stonycreek Township, Somerset County and related NPDES permit. Includes renewal of Air Quality GPA/GP12 Authorization. No additional discharges. The application was considered administratively complete on April 27, 2016. Application received October 30, 2015.
56900701 and NPDES No. PA0214078. PBS Coals, Inc., (1576 Stoystown Road, PO Box 260, Friedens, PA 15541). To renew the permit for the Job 12 Expansion in Shade Township, Somerset County and related NPDES permit. No additional discharges. The application was considered administratively complete on April 28, 2016. Application received November 23, 2015.
03831305 and NPDES No. PA0002283. Consol Mining Company LLC, (1000 Consol Energy Drive, Canonsburg, PA 15317). To renew the permit for the Jane Mine in Plumcreek Township, Armstrong County and related NPDES permit. No additional discharges. The application was considered administratively complete on April 28, 2016. Application received November 12, 2015.
30831303 and NPDES No. PA0013511. Cumberland Coal Resources, LP, (PO Box 1020, 158 Portal Road, Waynesburg, PA 15370). To revise the permit for the Cumberland Mine in Center and Whiteley Townships, Greene County and related NPDES permit to add pipelines and water handling features. Surface Acres Proposed 11.4. No additional discharges. The application was considered administratively complete on April 29, 2016. Application received December 8, 2015.
17841607 and NPDES No. PA0100803 and GP12-17841607. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To renew the permit for the Bigler Coal Preparation Plant in Bradford Township, Clearfield County and related NPDES permit. Includes renewal of Air Quality GPA/GP-12 Authorization. The application was considered administratively complete on April 29, 2016. Application received November 9, 2015.
32951301 and NPDES No. PA0215821 and GP12-32951301. Rosebud Mining Company, (301 Market Street, Kittanning, PA 16201). To renew the permit for the Toms Run Mine in Burrell Township and Blairsville Borough, Indiana County and related NPDES permit. Includes renewal of Air Quality GPA/GP-12 Authorization. No additional discharges. The application was considered administratively complete on May 2, 2016. Application received November 18, 2015.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 56090101 and NPDES Permit No. PA0262714, Heritage Coal & Natural Resources, LLC, 184 West Mud Pike, Rockwood, PA 15557, permit renewal for the continued operation and restoration of a bituminous surface and auger mine in Elk Lick Township, Somerset County, affecting 173 acres. Receiving streams: Unnamed tributaries: unnamed tributary to/and Casselman River, unnamed tributaries to Piney, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: April 5, 2016.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17080103 and NPDES PA 0256722. Corey L. Shawver DBA Hilltop Coal Company (12 Dutchtown Road, Houtzdale, PA 16651). Revision to change land use from forestland to pastureland on an existing bituminous surface and auger mine located in Bigler and Gulich Townships, Clearfield County affecting 320.7 acres. Receiving stream(s): Little Muddy Run, Unnamed Tributaries to Little Muddy Run, and Unnamed Tributaries to Muddy Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: April 13, 2016.
41940101 and NPDES No. PA0219843. Fisher Mining Company Processing Plant (40 Choate Circle, Montoursville, PA 17754). Permit renewal for the continued operation of an existing bituminous surface mine and coal preparation plant located in Pine and McHenry Townships, Lycoming County affecting 640.0 acres. Receiving streams: Buckeye Run, Otter Run to Little Pine Creek classified for HQ CWF. There are no potable water supply intakes within 10 miles downstream. Application received: April 25, 2016.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500
03970110 and NPDES Permit No. PA0202134. Mears Enterprises, Inc. (P.O. Box 157, Clymer, PA 15728). Renewal application for continued treatment to an existing bituminous surface mine, located in Valley Township, Armstrong County, affecting 27.4 acres. Receiving streams: unnamed tributaries to Cowanshannock Creek, classified for the following use: WWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Renewal application received: April 27, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 49871601R5. Calvin V. Lenig Coal Prep & Sales, Inc., (5860 SR 225, Shamokin, PA 17872), renewal of an existing anthracite coal preparation plant operation in Little Mahanoy Township, Northumberland County affecting 3.2 acres, receiving streams: Mahanoy Creek and unnamed tributaries to Mahanoy Creek, classified for the following uses: cold water and warm water fishes. Application received: April 25, 2016.
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.
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500
26970401 and NPDES Permit No. PA0202100. Laurel Aggregates of Delaware, LLC (250 Lakewood Center, Morgantown, WV 26508). Revision application to add an asphalt plant to an existing large noncoal surface and underground mine, located in Springhill Township, Fayette County, affecting 174.8 surface acres. Receiving streams: Rubles Run and unnamed tributaries to Rubles Run, classified for the following use: CWF. There is no potable water supply intake within 10 miles downstream from the point of discharge. Renewal application received: April 21, 2016.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 4875SM2A2C11 and NPDES Permit No. PA0119563. Glen-Gery Corp., (PO Box 1166 Spring Street, Wyomissing, PA 19610), renewal of an existing NPDES Permit for discharge of treated mine drainage from a quarry operation in Dover Township, York County affecting 156.6 acres, receiving stream: Fox Run to Little Conestoga Creek, classified for the following uses: trout stock fishes and migratory fishes. Application received: April 20, 2016.
Permit No. 58130301C. F.S. Lopke Contracting, Inc., (3430 SR 434, Apalachin, NY 13732), correction to an existing quarry to add 3.6 acres for two water storage basins in Harford Township, Susquehanna County affecting 86.6 acres, receiving streams: Martins Creek and East Branch Martins Creek, classified for the following uses: cold water and migratory fished. Application received: April 20, 2016.
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. 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 limits for noncoal mining activities as provided in 25 Pa. Code Chapter 77 are pH 6 to 9 and other parameters the Department may require.
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 563-2112-115, Developing National Pollutant Discharge Elimination System (NPDES) Permits for Mining Activities. 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
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
NPDES No. PA0256994 (Mining permit no. 17090102), RES Coal, LLC, 224 Grange Hall Road, P.O. Box 228, Armagh, PA 15920. Renewal of an NPDES permit for surface mining in Decatur Township, Clearfield County, affecting 259.4 acres. Receiving stream(s): Little Laurel Run, classified for the following use(s): CWF. Laurel Run Watershed TMDL. Application received: January 22, 2016.
The outfall(s) listed below require a non-discharge alternative:
Outfall No. New Outfall (Y/N) TB1 N TB2 N TB3 N TB4 N There is no proposed surface discharge from the above listed facilities to the receiving stream due to the implementation of Best Management Practices.
Noncoal NPDES Draft Permits
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
NPDES Permit No. PA0599174 (Permit No. 31000301) New Enterprise Stone & Lime Company, P.O. Box 77, New Enterprise, PA 16664-0077, renewal of NPDES Permit for noncoal surface mine in Cromwell Township, Huntingdon County affecting 72.6 acres. Receiving stream: Shade Creek, classified for the following use: trout stocked fishes. There are no potable water supply intakes within 10 miles downstream. NPDES renewal application received: February 17, 2016.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for noncoal mining activities.
There are no discharges from this permit. The outfalls listed below discharge to Shade Creek and are located on SMP No. 4274SM26 and will be used by SMP No. 31300301:
Outfall No. New Outfall (Y/N) 001 N 002 N 003 N
30-day Daily Instantaneous Parameter Average Maximum Maximum Total Suspended Solids 35 mg/l 70 mg/l 90 mg/l pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times NPDES Permit No. PA0599174 (Permit No. 4274SM26) New Enterprise Stone & Lime Company, P.O. Box 77, New Enterprise, PA 16664-0077, renewal of NPDES Permit for noncoal surface mine in Cromwell Township, Huntingdon County affecting 78.1 acres. Receiving stream: Shade Creek, classified for the following use: trout stocked fishes. There are no potable water supply intakes within 10 miles downstream. NPDES renewal application received: February 17, 2016.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for noncoal mining activities.
The outfalls listed below discharge to Shade Creek:
Outfall No. New Outfall (Y/N) 001 N 002 N 003 N
30-day Daily Instantaneous Parameter Average Maximum Maximum Total Suspended Solids 35 mg/l 70 mg/l 90 mg/l pH (S.U.): Must be between 6.0 and 9.0 standard units at all times Alkalinity must exceed acidity at all times
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. Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the Commonwealth to certify that the involved projects will not violate the 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, the issuance of a Dam Permit or Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment shall submit comments, suggestions or objections within 30 days of the date of this notice as well as any questions to the office noted before an 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. Each individual 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 working days at the office noted before the application.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications Received under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and Requests for Certification under section 401(a) of the FWPCA.
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Waterways and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
E09-999. Delaware River Joint Toll Basin Commission, Administration Building, 110 Wood and Grove Streets, Morrisville, PA 19067, Lower Makefield Township, Bucks County. ACOE Philadelphia District.
To perform the following water obstruction and encroachment activities associated with the Delaware River Joint Toll Basin Commission Scudder Falls Bridge Replacement and roadway improvement project over the Delaware River (WWF, MF), the Delaware Cannel (WWF, MF), and a few UNT to the Delaware River:
1) To replace the existing Scudder Falls Bridge and to construct and maintain in its place two twin bridges across the Delaware River.
2) To widen and maintain the roadway approaches on both ends of the existing bridge areas in the floodway of the stream to accommodate the addition of five new lanes and to facilitate the construction of the proposed twin bridges.
3) To replace, expand and maintain the existing 75` diameter 182 feet long concrete pipe under I-95 with a 72 inch diameter 282 feet long concrete pipe which carries a UNT to Delaware River.
4) To construct and maintain a retaining wall to support slope stability and protect wetlands near the proposed bridge pier.
5) To impact approximately 373 linear feet of stream (0.222 acre) all UNT to the Delaware River and the Delaware Cannel, to facilitate the modification of Ramp B.
6) To provide for cofferdam impacting several segments of the streams and wetlands to facilitate the construction operations of the project.
7) To impact approximately 0.122 acre of wetland to accommodate roadway widening, removal and replacement of bridge piers, retaining wall construction, cofferdam configuration and arrangements to support the overall objective of the project.
8) To mitigate for wetland lost by creating approximately 1.4 acre of forester freshwater wetland at 1149 Woodside Road, Lower Makefield, PA mitigation site.
The project site is located along the SR 0095 (Interstate Route 95) approximately 2,400 feet West of the intersection of SR 0095 (Interstate Route 95) and Taylorsville Road within Lower Makefield Township, Bucks County with coordinates located at the center of area of the existing Scudder Falls Bridge (Pennington PA-NJ USGS Quadrangle, Longitude 74° 50` 53" Latitude 40° 15` 30").
Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.
E05-384: Ridgetop Realty, LP, 2953 Valley Road, Fishertown, PA 15539 in East St. Clair Township, Bedford County, U.S. Army Corps of Engineers Baltimore District.
To construct and maintain a proposed entrance drive, with a culvert crossing the unnamed tributary to Adams Run (WWF, MF). The project involves constructing a driveway onto State Route 56 to serve Ridgetop Orchards. The proposed culvert carrying the unnamed tributary to Adams Run is an 18-inch diameter pipe, 34-foot in length, of high density polyethylene material, with concrete end walls and R-4 riprap aprons. The proposed project will have 0.088 acre of permanent palustrine emergent wetland impacts. Compensatory wetland mitigation in the form of 0.04 acre of creation on-site and payment into the Pennsylvania Wetland Replacement Fund is proposed. The Ridgetop Orchards Entrance project is located (Latitude: 40° 07` 37"; Longitude: -78° 34` 51") approximately 500 feet south of State Route 4028 in East St. Clair Township, Bedford County.
E36-953: Lancaster County, 150 North Queen St., Suite 612 in Paradise & Leacock Townships, Lancaster County, U.S. Army Corps of Engineers Baltimore District.
To remove existing bridge and to install and maintain a 90 foot × 28-foot bridge over Pequea Creek (WWF, MF) with R-7 rip-rap scour protection for the purpose of improving transportation safety and roadway standards. The project proposed to permanently effect 40 linear feet of and temporarily effect 113 linear feet.
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636
E59-531. Tioga County Commissioners, 118 Main St., Wellsboro, PA 16901. Marsh Creek Channel Realignment and Stabilization Project in Delmar Township, Tioga County, ACOE Baltimore District (Keeneyville, PA Quadrangle Lat: 41° 46` 23"; Long: -77° 18` 17").
To construct, operate and maintain the stream channel embankment of Marsh Creek adjacent to an existing railroad located in Delmar Township—Tioga County which is located over Marsh Creek. The realignment and stabilization will serve to repair the erosion of the railroad embankment. This project will serve two purposes. The first purpose is to protect the existing active railroad line. The second purpose is to provide an area adjacent to the railroad for a proposed multipurpose recreational trail. The proposed project includes realignment of Marsh Creek, installation of rock protection and log vane deflectors, construction of stream barbs and removal of earth for the stream overbank in two locations.
The restoration project will consist of a combination of bank grading, stabilization, armoring, and channel relocation of Marsh Creek. The total estimated stream impacts for the project are approximately 31,528 ft2 of permanent and 7,121 ft2 of temporary. There are no wetlands being impacted by the project. The proposed restoration will not permanently impact wetlands, cultural or archaeological resources, national/state/local parks, forests recreational areas, landmarks wildlife refuge, or historical sites. Marsh Creek is classified with a designated use of Warm Water Fishery (WWF). It is not listed as an approved trout or wild trout stream.
District Oil & Gas Operations: Eastern Oil & Gas District, 208 West Third Street, Suite 101, Williamsport, PA 17701
E4129-104: Anadarko Marcellus Midstream, LLC, 33 West Third Street, Suite 200, Williamsport, PA 17701, Cascade Township, Lycoming County, ACOE Baltimore District.
To construct, operate, and maintain:
1) two 6-inch gas pipelines and a timber mat bridge impacting 195 linear feet of unnamed tributaries to East Branch Murray Run (EV) and 500 square feet of an adjacent palustrine emergent (PEM) wetland (Bodines, PA Quadrangle 41°25`38"N 76°56`28"W);
2) two 6-inch gas pipelines and a timber mat bridge impacting 69 linear feet of East Branch Murray Run (EV) and 14,789 square feet of adjacent palustrine emergent (PEM) wetlands (Bodines, PA Quadrangle 41°25`38"N 76°56`25"W);
3) two 6-inch gas pipelines and a timber mat bridge impacting 57 linear feet of East Branch Murray Run (EV) (Bodines, PA Quadrangle 41°26`00"N 76°56`01"W).
The project will result in a total of 0.35 acre of wetland impacts and 321 linear feet of stream impacts all for the purpose of installing natural gas gathering line and access roadway to a natural gas well site for Marcellus well development.
Proposed State Water Quality Certification
Required by Section 401 of the Federal Clean Water Act for the PennEast Pipeline Company, LLC, PennEast Pipeline Project Northeast Region: Waterways & Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18711, Joseph Buczynski, Program Manager 570-826-2511
WQ02-005, PennEast Pipeline Company, LLC (Applicant), 1 Meridian Boulevard, Suite 2C01, Wyomissing, PA 19610, PennEast Pipeline Project (Project), in Dallas, Kingston, Jenkins, Plains and Bear Creek Townships, West Wyoming, Wyoming and Laflin Boroughs, Luzerne County, Kidder, Penn Forest, Towamensing and Lower Towamensing Townships, Carbon County, Lehigh, Moore, East Allen, Upper Nazareth, Lower Nazareth, Bethlehem, Lower Saucon, and Williams Townships, and Easton City, Northampton County, and Durham and Rieglesville Townships, Bucks County, Philadelphia and Baltimore District Corps of Engineers. The proposed project starts at a point at the Wyoming Pipeline Interconnect of the Energy Transfer Partners, L.P. pipeline (Kingston, PA Quadrangle N: 41°20`48.16", W: 75°56`43.42") and ends at a point under the Delaware River as it enters New Jersey (Rieglesville, PA Quadrangle N: 40°35`2.28", W: 75°11`35.43").
On September 24, 2015, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) seeking a Certificate of Public Convenience and Necessity to construct and operate its Project (FERC Docket No. CP 15-558-000). The FERC Environmental Assessment for the Project, when available, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP 15-558-000).
On February 9, 2016, Applicant requested a state water quality certification from the Pennsylvania Department of Environmental Protection (PADEP), as required by Section 401 of the Clean Water Act (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.
The Project, as proposed, includes an approximately 77.4 mile long, 36-inch pipeline for the purpose of transporting natural gas from a point at the Wyoming Pipeline Interconnect of the Energy Transfer Partners, L.P. pipeline to a point under the Delaware River as it enters New Jersey. The project also includes an approximate 2.1 mile long lateral, known as the Hellertown lateral consisting of 24 inch pipeline The Project, as proposed, will require approximately 1,574 acres of earth disturbance, and impacts to 15,001 linear feet of Deep Creek (CWF, MF), Mill Creek (CWF, MF), Bear Creek (HQ-CWF, MF), Little Shades Creek (HQ-CWF, MF), Shades Creek (HQ-CWF, MF), Stoney Creek (EV, MF), Wild Creek (EV, MF), Aquashicola Creek (HQ-CWF, MF), Indian Creek (CWF, MF), Hokendaqua Creek (CWF, MF), Monocacy Creek (HQ-CWF, MF), Meadow Run (HQ-CWF, MF), Stoney Run (HQ-CWF, MF), Laurel Run (HQ-CWF, MF), Mud Run (HQ-CWF, MF), Bull Run (CWF, MF), Frya Run (HQ-CWF, MF), Delaware River (WWF) and unnamed tributaries; Trout Brook (CWF, MF), Gardner Creek (CWF, MF), Buckwha Creek (CWF, MF), Yellow Run (EV, MF), Delaware Canal; and UNT's to Abrahams Creek (CWF, MF), Toby Creek (CWF, MF), Little Bear Creek (HQ-CWF, MF), Black Creek (HQ-CWF, MF), Pohopoco Creek (CWF, MF), Hunter Creek (HQ-CWF, MF), East Branch Monocacy Creek (HQ-CWF, MF) and Cooks Creek (EV, MF), Hawk Run (HQ-CWF, MF), and White Oak Run (EV, MF) and the Susquehanna River (CWF, MF); Wild Creek/Beltzville Lake (EV, MF), and Pohopoco Creek/Beltzville Lake (CWF, MF), 35.19 acre(s) of floodway, 43.48 acre(s) of temporary PEM/PSS/PFO wetland impacts, and 7.90 acre(s) of PSS/PFO conversion to PEM impacts.
PADEP anticipates issuing a state water quality certification to Applicant for the Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure the Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:
1. Discharge Permit—Applicant shall obtain and comply with a PADEP National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a).
2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with PADEP's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17) and all applicable implementing regulations (25 Pa. Code Chapter 102).
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a PADEP Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.) and all applicable implementing regulations (25 Pa. Code Chapter 105).
4. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.
5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this Certification and all required permits. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.
6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this Certification shall be available for inspection by the PADEP during such inspections of the Projects.
7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the PADEP Regional Office of such intent. Notice to PADEP shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of Certification responsibility, coverage, and liability between them.
8. Correspondence—All correspondence with and submittals to PADEP concerning this Certification shall be addressed to the Department of Environmental Protection, Northeast Regional Office, Joseph Buczynski, Waterways and Wetlands Program Manager, 2 Public Avenue, Wilkes-Barre, PA 18711.
9. Reservation of Rights—PADEP may suspend or revoke this Certification if it determines that Tennessee Gas Pipeline Company, LLC has not complied with the terms and conditions of this Certification. PADEP may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.
10. Other Laws—Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
11. Severability—The provisions of this Certification are severable and should any provision of this Certification be declared invalid or unenforceable, the remainder of the Certification shall not be affected thereby.
Prior to final action on the proposed section 401 Water Quality Certification, consideration will be given to any comments, suggestions or objections which are submitted in writing within 30 days of this notice. Comments concerning the proposed 401 Water Quality Certification should be directed to Mr. Joseph Buczynski, Northeast Region Waterways and Wetlands Program Manager at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted. The Department will consider all relevant and timely comments received. Comments must be submitted within 30 days of this notice.
WATER QUALITY CERTIFICATIONS REQUESTS Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481 Telephone: 814-332-6945
On April 6, 2016, the Commonwealth of Pennsylvania (''Commonwealth'') Department of Environmental Protection (''DEP'') received a request for Water Quality Certification under Section 401 of the Federal Clean Water Act, the PA Dam Safety and Encroachments Act, and The Pennsylvania Clean Streams Law from National Fuel Gas Supply Corporation, 1100 State Street, Erie, PA 16501-1912 (''NFG'') for the construction of the National Fuel Gas Supply Corporation and Empire Pipeline, Inc., Northern Access 2016 Project (''Project''). The DEP File number for this request is WQ42-001. Pennsylvania's State Water Quality Certification is required for the US Army Corps of Engineers permit under Section 404 of the Federal Clean Water Act, and the Federal Energy Regulatory Commission (''FERC'') certificate application under Docket No. CP15-115-000 filed on March 16, 2015.
The Project is for the construction, operation, and maintenance of expanded natural gas supply transmission pipelines and related infrastructure from Sergeant Township, McKean County, Pennsylvania to the Town of Elma, Erie County, New York. The Pennsylvania portion of the Project includes approximately 28 miles of natural gas pipeline construction from the interconnection/tie-in at the existing NFG Midstream Clermont, LLC, facility along SR 146 approximately 1 mile west of Clermont (Crosby, PA Quadrangle N: 41°42`04.84"; W: 78°29`59.98") in Sergeant Township, McKean County extending generally north crossing through portions of Sergeant, Keating, Annin, Eldred, and Ceres Townships, McKean County, to where it will cross the New York border approximately 2 miles west of where SR 44 crosses the state line (Bullis Mills, PA Quadrangle N: 41°59`57.51"; W: 78°17`56.98") in Ceres Township, McKean County. Pipeline work also includes three mainline valve sites, cathodic protection, and numerous temporary and permanent access roads to support construction and permanent facility access. Numerous stream and wetland crossings will occur along the project route. The project also will utilize one temporary pipe storage yard and one contractor yard along SR 155 south of Port Allegheny Borough in Liberty Township, McKean County.
The Department, by this notice, proposes to certify that the construction, operation and maintenance of the Project by NFG complies with the applicable provisions of sections 301—303, 306 and 307 of the Federal Clean Water Act (33 U.S.C.A. §§ 1311—1313, 1316 and 1317). The Department further proposes to certify that the construction, operation and maintenance of the Project complies with Commonwealth water quality standards and that the construction, operation and maintenance of the Project does not violate applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the Project complies with the conditions proposed for this certification, including the criteria and conditions of any applicable permits required by the Department.
Prior to final action on the proposed section 401 Water Quality Certification, consideration will be given to any comments, suggestions or objections which are submitted in writing within 30 days of this notice. Comments concerning the proposed 401 Water Quality Certification should be directed to Ms. Lori Boughton, DEP Northwest Region Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335; or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted. The Department will consider all relevant and timely comments received. Comments must be submitted within 30 days of this notice.
EROSION AND SEDIMENT CONTROL PERMITS The following parties have applied for Erosion and Sediment Control Permits for earth disturbance activities associated with either road maintenance or timber harvesting operations.
Unless otherwise indicated, on the basis of preliminary review and application of lawful standards and regulations, the Department proposes to issue a permit to discharge, subject to certain limitations in the permit conditions. These proposed determinations are tentative. Limitations are provided as erosion and sediment control best management practices which restrict the rate and quantity of sediment discharged.
A person wishing to comment on a proposed permit are invited to submit a statement to the appropriate Department regional office listed before the application within 30 days of this public notice. Comments reviewed within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should 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 relevant facts upon which it is based. A public hearing may be held after consideration of comments received by the appropriate Department regional office during the 30-day public comment period.
Following the 30-day comment period, the appropriate regional office water management program manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board (Board).
The application and related documents, including the erosion and sediment control plan for the earth disturbance activity, are on file and may be inspected at the appropriate regional office.
Persons with a disability that require an auxiliary aid, service or other accommodation to participate during the 30-day public comment period should contact the specified regional office. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications received under sections 5 and 402 of The Clean Streams Law (35 P.S. §§ 691.5 and 691.402)
Northcentral Region: Waterways & Wetlands Program Manager, 208 W Third Street, Williamsport, PA 17701
ESCP 2 # ESG01 18-11-8-01(R)
Applicant Name Dominion Transmission, Inc
Contact Person Brian Sheppard
Address 925 White Oaks Blvd
City, State, Zip Bridgeport, WV 26330
County Clinton
Township(s) Leidy Township
Receiving Stream(s) and Classification(s) Merriman Hol-
low (EV), Renz Hollow (EV), Turtle Point Hollow (EV)ESCP 2 # ESG 0035 15 0001
Applicant Name Transcontinental Gas Pipe Line
Company, LLC
Contact Person Timothy Powell
Address 2800 Post Oak BLVD, Lvl 17
City, State, Zip Houston, TX 77056
County Clinton
Township(s) Chapman Twp
Receiving Stream(s) and Classification(s) Young Woman's
Creek (EV), Post Hollow (EV), Mudlick Run (EV)
STORAGE TANKS
SITE-SPECIFIC INSTALLATION PERMITSThe following Storage Tank Site-Specific Installation Permit application has been received by the Department of Environmental Protection (Department) and is currently under review. Persons wishing to comment on the proposed permit are invited to submit a statement to the Bureau of Environmental Cleanup and Brownfields, Division of Storage Tanks, PO Box 8762, Harrisburg, PA 17105-8762, within 30 days from the date of this publication. Comments may also be submitted via email to tanks@pa.gov. Comments received within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of the comment and the relevant facts upon which it based.
The following applications have been received for 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.
SSIP
Application No.Applicant Name &
AddressCounty Municipality Tank Type Tank Capacity 16008 Central Pennsylvania Transportation Authority d/b/a Rabbittransit
1230 Roosevelt Avenue
York, PA 17404-2206
Attn: Richard H. FarrYork West Manchester Township 2 ASTs storing petroleum products 24,000 gallons total
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