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PA Bulletin, Doc. No. 17-1640

NOTICES

Sierra Club v. Department of Environmental Protection and FirstEnergy Generation, LLC; EHB Doc. No. 2015-093-R

[47 Pa.B. 6149]
[Saturday, September 30, 2017]

 Under 25 Pa. Code § 1021.141(b)(3) (relating to termination of proceedings) the Sierra Club, the Department of Environmental Protection (Department) and FirstEnergy Generation, LLC (FirstEnergy) have agreed to a settlement of Doc. No. 2015-093-R.

 FirstEnergy owns and operates the Hatfield's Ferry Landfill (Landfill), which is a captive residual waste disposal facility located in Monongahela Township, Greene County. The Landfill is located on property across and south of the Hatfield's Ferry Power Station, which is a deactivated coal-fired electric generating station owned by Allegheny Energy Supply Company, LLC. The Landfill is regulated under 25 Pa. Code Chapter 287 (relating to residual waste management—general provisions) and is permitted under Solid Waste Permit No. 300370 (Permit) issued by the Department.

 On May 22, 2015, the Department renewed and reissued the Permit in FirstEnergy's name. Sierra Club filed a Notice of Appeal on July 6, 2015, challenging the Department's renewal and reissuance of the Permit to FirstEnergy, which was docketed at EHB Doc. No. 2015-093-R.

 On September 21, 2015, the Department issued a minor modification of the Permit to FirstEnergy, which allowed FirstEnergy to barge dewatered flue gas desulfurization materials from its Bruce Mansfield Power Station for disposal at the Landfill. Sierra Club filed a Notice of Appeal on October 22, 2015, challenging the Department's issuance of the minor modification of the Permit, which was docketed at EHB Doc. No. 2015-159-R. The Board subsequently consolidated the two appeals at EHB Doc. No. 2015-093-R.

 The parties have agreed to a settlement, the major provisions of which provide for FirstEnergy's continued implementation and long-term maintenance of a remedy for the leachate detection zone of the Landfill, FirstEnergy's submission to the Department of a Part II Water Quality Management Permit application for its leachate storage impoundment caustic drip system, FirstEnergy's implementation of a written plan for improvements to the existing Landfill surface, FirstEnergy's final closure of Phase 3 of the Landfill on a rolling basis and a deferral in shipments of coal combustion byproducts from the Bruce Mansfield Power Station to the Landfill until December 1, 2017.

 Copies of the full agreement are in the hands of the following individuals:

 For the Appellant, Sierra Club: Charles McPhedran, Esq., Earthjustice, 1617 JFK Boulevard, Suite 1130, Philadelphia, PA 19103, (215) 717-4521; Lisa K. Perfetto, Esq., Earthjustice, 48 Wall Street, 19th Floor, New York, NY 10005, (212) 845-7388

 For the Commonwealth, Department of Environmental Protection: John Herman, Esq., Marianne Mulroy, Esq., Forrest Smith, Esq., Office of Chief Counsel, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222, (412) 442-4262

 For the Permittee, FirstEnergy Generation, LLC: Donald C. Bluedorn, II, Esq., Mark D. Shepard, Esq., Alana E. Fortna, Esq., Babst, Calland, Clements and Zomnir, PC, Two Gateway Center, 6th Floor, 603 Stanwix Street, Pittsburgh, PA 15222, (412) 394-5400

 A copy may also be viewed on the electronic docket of the Environmental Hearing Board (Board) at http://ehb.courtapps.com/efile/documentViewer.php?documentID=39073.

 Individuals interested in providing comments to the Board on the proposed Consent Adjudication must do so within 30 days of the date this notice is published in the Pennsylvania Bulletin. The Board's address is Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457. Copies of all comments shall also be submitted to the attorney for each party previously listed.

 If information concerning this notice is required in an alternative form, contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the Pennsylvania AT&T Relay Service at (800) 654-5984.

 The Board is empowered to approve this Consent Adjudication at the end of the 30-day comment period if no comments or objections are timely filed with the Board or if comments or objections are filed and addressed to the Board's satisfaction. If the Board enters an Order approving the Consent Adjudication at the end of the 30-day comment period, individuals who believe they are aggrieved by entry of the Consent Adjudication have a right to appeal to the Commonwealth Court of Pennsylvania, 601 Commonwealth Avenue, Suite 2100, P.O. Box 69185, Harrisburg, PA 17106. Appeals must be filed within 30 days of the date the Consent Adjudication is entered by the Board.

THOMAS W. RENWAND, 
Chairperson

[Pa.B. Doc. No. 17-1640. Filed for public inspection September 29, 2017, 9:00 a.m.]


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