[49 Pa.B. 6388]
[Saturday, October 26, 2019]
[Continued from previous Web Page]
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326); The Clean Streams Law; the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.20a). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P.S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1002).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, 724-769-1100.
32841602 and NPDES No. PA0092631. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). To renew the permit for the Clymer Tipple in Cherryhill Township, Indiana County (NPDES permit was renewed November 17, 2017). No additional discharges. The application was considered administratively complete on January 19, 2016. Application received: August 21, 2015. Permit issued: October 8, 2019.
11051301 and NPDES No. PA0235652. Rosebud Mining Company (301 Market Street, Kittanning, PA 16201). To renew the NPDES permit for the Cresson Mine in Cresson, Allegheny, Washington, and Munster Townships and Cresson and Sankertown Boroughs, Cambria County. No additional discharges. The application was considered administratively complete on January 17, 2017. Application received: June 13, 2016. Permit issued: October 8, 2019.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 56940101. Rosebud Mining Co., 301 Market Street, Kittanning, PA 16201, permit renewal for reclamation only of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 205.9 acres. Receiving streams: unnamed tributaries to/and Buffalo Creek, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. Application received: March 18, 2019. Permit issued: October 9, 2019.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
17170101. Swisher Contracting, Inc. (P.O. Box 1223, Clearfield, PA 16830). Permit revision to change land use from Forestland to Unmanaged Natural Habitat on a bituminous surface coal mine in Lawrence Township, Clearfield County, affecting 8.0 acres. Receiving stream(s): Unnamed Tributary to Wolf Run classified for the following use(s): CWF, MF and Unnamed Tributary to Lick Run classified for the following use(s): HQ-CWF, MF. There are no potable water supply intakes within 10 miles downstream. Application received: June 27, 2019. Permit issued: October 7, 2019.
Noncoal Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 39870302C12 and NPDES Permit No. PA0594326. H & K Group, Inc. (P.O. Box 196, Skippack, PA 19474), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in South Whitehall Township, Lehigh County, receiving stream: Jordan Creek. Application received: May 25, 2018. Renewal issued: October 7, 2019.
Permit No. 7675SM1C11 and NPDES Permit No. PA0124028. Pennsy Supply, Inc. (2400 Thea Drive, Suite 3A, Harrisburg, PA 17110), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in West Cornwall and South Annville Townships, Lebanon County, receiving stream: Bachman Run. Application received: June 4, 2018. Renewal issued: October 7, 2019.
Permit No. 64080301C3 and NPDES Permit No. PA0224693. H & K Group, Inc. (P.O. Box 196, Skippack, PA 19474), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Palmyra Township, Wayne County, receiving stream: unnamed tributary to Wallenpaupack Creek. Application received: August 3, 2018. Renewal issued: October 7, 2019.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
Blasting Permits Issued
New Stanton District Office: P.O. Box 133, 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
02194107. Wampum Hardware Co. (636 Paden Road, New Galilee, PA 16141). Blasting activity permit for the construction of the Sipple Rt 910 Resort, located in Richland Township, Allegheny County with an expiration date of December 31, 2020. Blasting permit issued: October 3, 2019.
63194001. Senex Explosives, Inc. (710 Millers Run Road, Cuddy, PA 15031). Blasting activity permit for the construction of the Washington County Airport, located in South Franklin Township, Washington County with an expiration date of October 1, 2020. Blasting permit issued: October 8, 2019.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 15194108. Rock Work, Inc. (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Darlington Ridge in East Bradford Township, Chester County with an expiration date of October 30, 2020. Permit issued: October 8, 2019.
Permit No. 15194109. Rock Work, Inc. (1257 DeKalb Pike, Blue Bell, PA 19422), construction blasting for Luxor Apartments in West Goshen Township, Chester County with an expiration date of October 31, 2020. Permit issued: October 8, 2019.
Permit No. 23194110. Maine Drilling & Blasting, Inc. (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Ashford Sewer in Newtown Township, Delaware County with an expiration date of October 1, 2020. Permit issued: October 8, 2019.
Permit No. 39194106. American Rock Mechanics, Inc. (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Lehigh Hills Lot 5 in Upper Macungie Township, Lehigh County with an expiration date of September 17, 2020. Permit issued: October 8, 2019.
Permit No 46194117. American Rock Mechanics, Inc. (7531 Chestnut Street, Zionsville, PA 18092), construction blasting for Whitehall Estates Phase 2 in Worcester Township, Montgomery County with an expiration date of September 17, 2020. Permit issued: October 8, 2019.
Permit No. 46194118. Valley Rock Solutions, LLC (P.O. Box 246, Macungie, PA 18062), construction blasting for Zern Tract in Douglass Township, Montgomery County with an expiration date of October 2, 2020. Permit issued: October 8, 2019.
Permit No. 06194121. Schlouch, Inc. (P.O. Box 69, Blandon, PA 19510), construction blasting for Hamburg Commerce Lot 1 in Perry and Windsor Townships, Berks County with an expiration date of October 9, 2020. Permit issued: October 10, 2019.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and The Clean Streams Law and Notice of Final Action for Certification under section 401 of the FWPCA.
Permits, Environmental Assessments and 401 Water Quality Certifications Issued:
WATER OBSTRUCTIONS AND ENCROACHMENTS Northeast Regional Office, Waterways and Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, Telephone 570-826-2511.
E4002219-008. Brad Carver, 11 Morris Circle, Dallas, PA 18612, Harveys Lake Borough, Luzerne County, U.S. Army Corps of Engineers, Baltimore District.
To construct and maintain a 300 sq. ft., pile-supported dock expansion within the basin of Harveys Lake (HQ-CWF). The project is located at Pole # 208 along Lakeside Drive (Harveys Lake, PA Quadrangle, Latitude: 41° 21` 48"; Longitude: -76° 3` 13") in Harveys Lake Borough, Luzerne County.
E4002219-007. Harveys Lake Beach Association, P.O. Box 281, Shawanese, PA 18654, Harveys Lake Borough, Luzerne County, U.S. Army Corps of Engineers, Baltimore District.
To construct and maintain a 1,072 sq. ft., pile-supported dock within the basin of Harveys Lake (HQ-CWF). The project is located at Pole # 001 along Lakeside Drive (Harveys Lake, PA Quadrangle, Latitude: 41° 21` 7"; Longitude: -76° 1` 59") in Harveys Lake Borough, Luzerne County.
E5202219-002. Tanglewood Lakes Community Association, 102 Tanglewood Drive, Greentown, PA 18426. Palmyra Township, Pike County, Army Corps of Engineers Philadelphia District.
To construct and maintain a sediment forebay within the floodway of a UNT to Tanglewood Lake (HQ-CWF, MF) for the purpose of improving water quality by the deposition and removal of captured inflow sediment. The sediment forebay will have perpetual maintenance associated with its construction. The project is located near the intersection of Indian Drive and Laurel Hill Drive (Promised Land, PA Quadrangle Latitude: 41° 22` 18"; Longitude: -75° 13` 56") in Palmyra Township, Pike County.
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-3 # ESX14-125-0040 Renewal
Applicant Name EQT Production
Contact Person Todd Klaner
Address 2400 Ansys Drive, Suite 200
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Carroll and Fallowfield
Receiving Stream(s) and Classification(s) Sawmill Creek, Unnamed Tributary to Pigeon Creek, Monongahela River (WWF)ESCGP-3 # ESX11-125-0030
Applicant Name Range Resources Appalachia LLC
Contact Person Karl Matz
Address 3000 Town Center Boulevard
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Morris
Receiving Stream(s) and Classification(s) Unnamed Tribu- taries to Tenmile Creek, Tenmile Creek, Monongahela River (WWF)ESCGP-3 # ESX12-059-0016 Major Modification
Applicant Name CNX Midstream Operating Company, LLC
Contact Person Daniel Bitz
Address 1000 Consol Energy Drive
City, State, Zip Canonsburg, PA 15317
County Greene
Township(s) Richhill and Gray
Receiving Stream(s) and Classification(s) Dunkard Fork/ Dunkard Fork UNT to Dunkard Fork/Dunkard Fork UNT to Enlow Fork/Enlow Fork, UNT to Stone Coal Run, Owens Run Owens Run/Owens Run Fletcher Run/Fletcher Run, UNT to Fletcher Run, Grinnage Run/Grinnage Run
Secondary Receiving Water Ohio RiverNorthwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-3 # ESG081019008-000—Welter Freshwater Im-
poundment
Applicant XTO Energy Inc.
Address 190 Thorn Hill Road
City Warrendale State PA Zip Code 15086
County Butler Township Donegal
Receiving Stream(s) and Classification(s) Bonnie Brook (WWF)ESCGP-3 # ESG081019007-00—Waltman Centralized Freshwater Impoundment
Applicant XTO Energy Inc
Contact Mr. Bernhardt Kissel
Address 190 Thorn Hill Road
City Warrendale State PA Zip Code 15086
County Butler Township(s) Donegal Twp.
Receiving Stream(s) and Classification(s) Unnamed tribu- taries to Buffalo Creek CWF, Allegheny River WWFESCGP-3 # ESG081019004-00/PER L103 Well Pad
Applicant PennEnergy Resources, LLC
Contact Mr. Richard Watson
Address 1000 Commerce Drive; Park Place One, Suite 400
City Pittsburgh State PA Zip Code 15275
County Butler Township(s) Connoquenessing
Receiving Stream(s) and Classification(s) Little Con- noquenessing Creek and Unnamed Tributaries; Tribu- tary 35090 to Connoquenessing Creek
Eastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-3# ESG290819019-00
Applicant Name Repsol Oil & Gas USA LLC
Contact Person Lance Ridall
Address 50 Pennwood Place
City, State, Zip Warrendale, PA 15086
County Bradford
Township(s) Troy & Springfield Twps.
Receiving Stream(s) and Classification(s) North Branch Sugar Creek (TSF/MF);
Secondary: Sugar Creek (TSF/MF)
CORRECTIVE ACTION UNDER
ACT 32, 1989
PREAMBLE 2
The following plans and reports were submitted under the Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101—6021.2104).
Provisions of 25 Pa. Code Chapter 245 Subchapter D, Administration of the Storage Tank and Spill Prevention Program, require the Department of Environmental Protection (DEP) to publish in the Pennsylvania Bulletin a notice of submission of plans and reports. A remedial action plan is submitted to summarize the site characterization, document the design and construction details for the remedial action, and describe how the remedial action will attain the selected remediation standard. The remedial action plan also provides results of studies performed and data collected to support the remedial action and a description of postremediation care requirements. A remedial action completion report is submitted to document cleanup of a release of a regulated substance at a site to the selected remediation standard. A remedial action completion report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or non-residential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected.
For further information concerning plans or reports, please contact the Environmental Cleanup Program Manager in the DEP Regional Office under which the notice of receipt of plans or reports appears. If information concerning plans or reports is required in an alternative form, contact the Community Relations Coordinator at the appropriate Regional Office listed. TDD users may telephone the DEP through the Pennsylvania AT&T Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Southeast Region: Environmental Cleanup & Brownfields Program Manager, 2 East Main Street, Norristown, PA 19401.
Sunnyside Svc Ctr, 46-46578, 2901 Ridge Pike, Lower Providence Township, Montgomery County. Earth Data Northeast, Inc. Whiteland Technology Center, 924 Springdale Drive, Exton, PA 19341, on behalf of Amelia Peronne, 19 Ivy Circle, Norristown, PA 19403 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with leaded and unleaded gasoline. The report is intended to document remediation of the site to meet site-specific standards.
7 Eleven 32661, 51-37820, 9001 Frankford Ave., City of Philadelphia. AECOM, 510 Carnegie Center, Princeton, NJ 08540, on behalf of 7-Eleven, Inc., P.O. Box 711, Dallas, TX 75221-0711, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with unleaded gasoline, fuel oil, and used motor oil. The report is intended to document remediation of the site to meet nonresidential Statewide health and site-specific standards.
Lubrano Auto, 15-41922, 1086 Gap Newport Pike, West Fallowfield Township, Chester County. Brownfield Science & Technology, Inc., 3157 Limestone Road, Cochranville, PA 19330, on behalf of Mr. Stephen A. Lubrano, 1086 Gap Newport Pike, Cochranville, PA 19330 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded gasoline. The report is intended to document remediation of the site to meet nonresidential Statewide health and site-specific standards.
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
PSC San Souci, Storage Tank ID # 40-19264, 21 Main Road, Hanover Township, Luzerne County. MEA, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of Hanover Corner Inc., 21 Main Road, Hanover Township, PA 18706, has submitted a combined Site Characterization Report and Remedial Action Completion Report concerning remediation of soil contaminated with diesel. The report is intended to document remediation of the site to meet Statewide Health Standards.
BP Food Mart, Storage Tank ID # 45-24849, 2756 State Route 611, Pocono Township, Monroe County. MEA, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of Chohan Inc., 2756 State Route 611, Tannersville, PA 18372, has submitted a combined Site Characterization Report and Remedial Action Completion Report concerning remediation of soil contaminated with diesel. The report is intended to document remediation of the site to meet Statewide Health Standards.
Joe's Kwik Mart # 250, Storage Tank ID # 35-01909, 1172 East Drinker Street, Dunmore Borough, Lackawanna County. Synergy Environmental, 155 Railroad Plaza, First Floor, Royersford, PA 19468 on behalf of Dunmore Oil Company, 1031B Reeves Street, Dunmore, PA 18512, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum. The report is intended to document remediation of the site to meet a combination of Site-Specific and Statewide Health Standards.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Snedeker Holiday Mobil 2, Storage Tank Facility ID number 44-12041, 13037 Ferguson Valley Road, Lewistown, PA 17044, Derry Township, Mifflin County, Enviro Trac, Ltd., 176 Thorn Hill Road, Warrendale, PA 15086 on behalf of Snedeker Energy, LLC, 709 East Walnut Street, Lewistown, PA 17044 submitted a Remedial Action Plan concerning remediation of groundwater contaminated with petroleum constituents. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Former Gulf Service Station, Storage Tank Primary Facility ID # 56-84175, 1219 Center Avenue, Somerset Borough, PA 15501, Somerset Borough, Somerset County. Arcadis U.S. Inc., 6041 Wallace Road Extension, Suite 300, Wexford, PA 15090, on behalf of Chevron U.S.A. Inc., Chevron Environmental Management Company, 1500 Louisiana Street/38151, Houston, TX 77002, submitted a Remedial Action Plan concerning the remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the Site-Specific Standard.
Stahl Oil, Storage Tank Primary Facility ID #56-81539, 659 Berlin Plank Road, Somerset, PA 15501-2417, Somerset Township, Somerset County. P. Joseph Lehman, Inc., Olde Farm Office Centre, P.O. Box 419, Hollidaysburg, PA 16648, on behalf of Stahl Oil Co. Inc., P.O. Box 773, Somerset, PA 15501-0773, submitted a Site Characterization Report/Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the Statewide Health Standard.
CTR Independent # 9 Fairchance, Storage Tank Primary Facility ID # 26-81154, 128 North Morgantown Street, Fairchance, PA 15436, Fairchance Borough, Fayette County. KU Resources, Inc., 22 South Linden Street, Duquesne, PA 15110, on behalf of One Center Independent Oil Real Estate, LP, 1035 Boyce Road, Suite 220, Pittsburgh, PA 15241, submitted a Site Characterization Report/Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The report is intended to document remediation of the site to meet the Statewide Health Standard.
Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
Port Meadville Airport, Storage Tank Facility ID # 20-17500, 16306 Corporate Drive, Vernon Township, Crawford County. P. Joseph Lehman, Inc., P.O. Box 419, Hollidaysburg, PA 16648, on behalf of Crawford County Regional Airport Authority, P.O. Box 1011, Meadville, PA 16335-3802, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with Benzene, Toluene, Ethylbenzene, Xylenes, Cumene, Naphthalene, MTBE, 1,2,4 Trimethylbenzene, 1,3,5 Trimethylbenzene, 1,2 Dibromoethane, 1,2 Dichloroethane, and Lead. The plan is intended to document the remedial actions for meeting the Statewide Health Standard.
Marathon New Castle, Storage Tank Facility ID # 37-05548, 509 Highland Avenue, New Castle, PA 16101, City of New Castle, Lawrence County. RAR Engineering Group, Inc., 1135 Butler Avenue, New Castle, PA 16101, on behalf of Banan, Inc., 509 Highland Avenue, New Castle, PA 16101, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with benzene, toluene, ethylbenzene, naphthalene, cumene, total xylenes, 1,2,4-trimethylbenzene (TMB), 1,3,4-TMB and methyl tert-butyl ether. The plan is intended to document the remedial actions for meeting a combination of the Statewide Health and Site-Specific Standards.
Jyll's Corner Market, Storage Tank Facility ID # 37-06411, 1632 East Poland Road, Bessemer, PA 16101, North Beaver Township, Lawrence County. RAR Engineering Group, Inc., 1135 Butler Avenue, New Castle, PA 16101, on behalf of Mr. Christopher Ango, 10331 Cannarti Drive, Charlotte, NC 28273, submitted a Remedial Action Plan Modification concerning remediation of soil and groundwater contaminated with benzene, toluene, ethylbenzene, naphthalene, cumene, total xylenes and methyl tert-butyl ether. The plan is intended to document the remedial actions for meeting the Statewide Health Standard.
CORRECTIVE ACTION UNDER
ACT 32, 1989
PREAMBLE 3
The DEP has taken action on the following plans and reports under the Storage Tank and Spill Prevention Act (35 P.S. §§ 6021.101—6021.2104).
Provisions of 25 Pa. Code Chapter 245 Subchapter D, Administration of the Storage Tank and Spill Prevention Program, require the Department of Environmental Protection (DEP) to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports.
A remedial action plan is submitted to summarize the site characterization, document the design and construction details for the remedial action, and describe how the remedial action will attain the selected remediation standard. The remedial action plan also provides results of studies performed and data collected to support the remedial action and a description of postremediation care requirements. A remedial action completion report is submitted to document cleanup of a release of a regulated substance at a site to the selected remediation standard. A remedial action completion report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of selecting the environmental media of concern, documentation supporting the selection of residential or non-residential exposure factors, a description of the remediation performed and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected.
The DEP may approve or disapprove plans and reports submitted. This notice provides the DEP's decision and, if relevant, the basis for disapproval.
For further information concerning the plans and reports, please contact the Environmental Cleanup Program Manager in the DEP Regional Office under which the notice of the plan or report appears. If information concerning a report is required in an alternative form, contact the Community Relations Coordinator at the appropriate Regional Office listed. TDD users may telephone the DEP through the Pennsylvania AT&T Relay Service at (800) 654-5984.
The DEP has received the following plans and reports:
Southeast Region: Environmental Cleanup & Brownfields Program Manager, 2 East Main Street, Norristown, PA 19401.
Amorosos Baking, 51-28374, 845 S. 55th St., City of Philadelphia. GHR Consulting Services, P.O. Box 362, Montgomeryville, PA 18936, on behalf of AGAS Manufacturing Inc., 2710 East Tioga St., Philadelphia, PA 19134, submitted a Site Characterization Report 310(b) concerning remediation of soil and groundwater contaminated with heating oil. The 310(b) SCR demonstrated attainment of residential Statewide health standards and was approved by the DEP on October 3, 2019.
Police Site 028, 51-20152, 39-43 Haines St., City of Philadelphia. City of Philadelphia—Office of Fleet Management, 100 South Broad St., 3rd Floor, Philadelphia, PA 19110 submitted a Site Characterization Report 310(b) concerning remediation of soil contaminated with unleaded gasoline. The 310(b) SCR demonstrated attainment of residential Statewide health standards and was approved by the DEP on October 4, 2019.
Bristol Food Mart, 09-01310, 1839 Bristol Pike, Bristol Township, Bucks County. Superior Tank and Energy Co. LLC, 6401 Radcliffe Street, Bristol, PA 19007, on behalf of Henry Ngo, 1839 Bristol Pike, Croydon, PA 19021 submitted a Site Characterization report 310(b) concerning remediation of soil contaminated with leaded and unleaded gasoline. The 310(b) SCR demonstrated attainment of nonresidential Statewide health standards and was approved by the DEP on September 29, 2019.
Northeast Region: Environmental Cleanup & Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Lindsey Oil, Storage Tank ID # 58-05209, 309 Main Street, New Milford Borough, Susquehanna County. GeoLogic NY, P.O. Box 350, Homer, NY 13077, on behalf of Rapp Petroleum Corporation, P.O. Box 298, Port Crane, NY 13833, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with gasoline. The Remedial Action Completion Report demonstrated attainment of Statewide Health Standards and was approved by DEP on October 1, 2019.
Spotless Cleaners, Storage Tank ID # 35-27370, 410 5th Street, Dunmore Borough, Lackawanna County. ARM Group, 2548 Park Center Boulevard, State College, PA 16801, on behalf of Covington House, Inc., 410 5th Street, Dunmore, PA 18512 submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with gasoline and Dry-Cleaning Fluid/Stoddard Solvent. The Remedial Action Completion Report demonstrated attainment of Site Specific Standards and was approved by DEP on October 2, 2019.
Benick's Service Station, Storage Tank ID # 40-50096, 59 West Main Street, Newport Township, Luzerne County. MEA, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of Walter Benick, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with gasoline. The Remedial Action Completion Report demonstrated attainment of Statewide Health Standards and was approved by DEP on October 7, 2019.
Main Street Service Station, Storage Tank ID # 48-29057, 1818 South Main Street, Nazareth Borough, Northampton County, MEA, 1365 Ackermanville Road, Bangor, PA 18013, on behalf of Chris D. Sutter, 1464 Clearfield Road, Nazareth, PA 18064 submitted a combined Site Characterization Report and Remedial Action Plan concerning remediation of groundwater contaminated with gasoline. The report was acceptable to meet Residential Statewide Health Standards and was approved by DEP on October 3, 2019.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Claysburg Garage, Storage Tank Facility ID number 07-61263, 1512 Park Road, Claysburg, PA 16625, Greenfield Township, Blair County, Letterle & Associates, Inc., 2022 Axemann Road, Suite 201, Bellefonte, PA 16823 on behalf of A&M Transit, P.O. Box 331, Ebensburg, PA 15931, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum constituents. The report is intended to document remediation of the site to meet the Statewide Health Standard. The Remedial Action Plan was acceptable to meet the Standard and was approved by the Department on October 10, 2019.
Southwest Region: Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Former Conoco Phillips Station No. 2634232, Storage Tank Primary Facility ID # 02-29666, 2405 Golden Mile Highway (Route 286), Pittsburgh, PA 15239, Plum Borough, Allegheny County. GHD Services, Inc., 410 Eagleview Boulevard, Suite 110, Exton, PA 19341, on behalf of Phillips 66, 111 East Capital Street, Suite 400, Jackson, MS 39042, submitted a Remedial Action Completion Report concerning the remediation of soil and groundwater contaminated with petroleum products. The Remedial Action Completion Report demonstrated attain-ment of the remediation of the site to meet the Site-Specific Standard and was approved on October 1, 2019.
Donegal Construction, Storage Tank Primary Facility ID # 65-80118, 1235 Marguerite Lake Road, Greensburg, PA 15601, Unity Township, Westmoreland County. ATC Group Services, LLC, 270 William Pitt Way, Pittsburgh, PA 15238, on behalf of Donegal Construction, RR 8 Box 340, Greensburg, PA 15601, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The Remedial Action Completion Report demonstrated attainment of the remediation of the site to meet the Used Aquifer, Residential Statewide Health Standard and was approved on October 1, 2019.
Hickory BP, Storage Tank Primary Facility ID # 63-09720, 221 Main Street, Hickory, PA 15340, Mount Pleasant Township, Washington, PA. Letterle and Associates, Inc., 2859 Oxford Boulevard, Allison Park, PA 15101, on behalf of Coen Markets, Inc., 1000 Philadelphia Street, Canonsburg, PA 15317, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with petroleum products. The Remedial Action Completion Report demonstrated attainment of the remediation of the site to meet the Used Aquifer, Residential Statewide Health Standard and the Site-Specific Standard and was approved on October 1, 2019.
SPECIAL NOTICES
AIR QUALITY Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Thomas Bianca, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
The Department of Environmental Protection (Department) has approved the following Emission reduction credits (ERCs) and entered into ERC registry system. ERCs are surplus, permanent, quantified and Federally enforceable emission reductions used to offset emission increases of criteria pollutants. The Department maintains an ERC registry in accordance with the requirements of 25 Pa. Code § 127.209. Prior to registration of the credits, ERC Registry Applications are reviewed and approved by the Department to confirm that the ERCs meet the requirements of 25 Pa. Code §§ 127.206—127.208. Registration of the credits in the ERC registry system constitutes certification that the ERCs satisfy applicable requirements.
The certified ERCs shown as follows, in tons per year (tpy), satisfy the applicable ERC requirements contained in 25 Pa. Code §§ 127.206—127.208. ERCs created from the curtailment or shutdown of a source or facility expires for use as offsets 10 years after the emission reduction occurs. ERCs generated by the over control of emissions by an existing facility do not expire for use as offsets. However, credits in the registry that are not used in a plan approval will be discounted if new air quality requirements are adopted by the Department or United States Environmental Protection Agency.
For additional information concerning this listing of certified ERCs, contact the Bureau of Air Quality, Division of Permits, Department of Environmental Protection, 12th Floor, Rachel Carson State Office Building, P.O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-4325. This Pennsylvania ERC registry report, ERC Registry application and instructions are located at http://www.dep.pa.gov/Business/Air/BAQ/Permits/Pages/EmissionCredit.aspx. Below are the listings of changes compared to the previous quarter.
Bureau of Air Quality
Summary of Revised Certified ERCs
[ July 1 to September 30 ]
[ 2019 ]
Facility information Criteria
Pollutant or
Precursor
Certified
ERCs
Available
(tpy)Expiration
dateIntended
use of
ERCs
Texas Eastern Transmission, L.P. NOx 117.00 9/15/2019 Trading Source Location: Holbrook Station, Wind Ridge VOCs 11.00 9/15/2019 Township: PM 4.00 9/15/2019 County: Greene CO 24.00 9/15/2019 Contact Person: Matthew J. Myers Telephone Number: (412) 375-3064 [Expired] GenOn Emissions, LLC NOx 1,453.26 8/30/2023 Trading Source Location: Titus Station VOCs 11.32 8/30/2023 Township: Cumru CO 94.79 8/30/2023 County: Berks SOx 9,100.08 8/30/2023 Contact Person: Randall Lack PM-10 223.38 8/30/2023 Telephone Number: (281) 207-7213 PM-2.5 96.57 8/30/2023 Pb 0.06 8/30/2023 [Name Change] GenOn Emissions, LLC VOCs 16.84 12/01/2025 Trading Township: Upper Mount Bethel NOx 2,331.40 12/01/2025 Source Location: Portland Generating Station County: Northampton Contact Person: Randall Lack Telephone Number: (281) 207-7213 [Name Change] GenOn Emissions, LLC Source Location: Brunot Island Station, Pittsburgh NOx 4.91 9/26/2023 Trading County: Allegheny Contact Person: Randall Lack Telephone Number: (281) 207-7213 [Name Change] GenOn Emissions, LLC VOCs 2.93 6/23/2022 Trading Source Location: Elrama Station NOx 784.99 6/23/2022 Source: Unit 1 SOx 555.14 6/23/2022 Township: Union PM-10 76.73 6/23/2022 County: Washington PM-2.5 20.85 6/23/2022 Contact Person: Randall Lack CO 30.41 6/23/2022 Telephone Number: (281) 207-7213 Pb 0.03 6/23/2022 [Name Change] GenOn Emissions, LLC VOCs 7.39 5/30/2022 Trading Source Location: Elrama Station NOx 1,925.11 5/30/2022 Sources: Units 2 & 3 SOx 1,377.46 5/30/2022 Township: Union PM-10 183.53 5/30/2022 County: Washington PM-2.5 50.56 5/30/2022 Contact Person: Randall Lack CO 76.63 5/30/2022 Telephone Number: (281) 207-7213 Pb 0.06 5/30/2022 [Name Change] GenOn Emissions, LLC VOCs 7.25 9/03/2022 Trading Source Location: Elrama Station NOx 2,065.25 9/03/2022 Source: Unit 4 SOx 1,487.09 9/03/2022 Township: Washington PM-10 182.06 9/03/2022 Contact Person: Randall Lack PM-2.5 49.57 9/03/2022 Telephone Number: (281) 207-7213 CO 74.81 9/03/2022 Pb 0.07 9/03/2022 [Name Change]
Summary of Revised ERC Transactions
[July 1 to September 30]
[2019] The following ERC transactions are approved by the Bureau of Air Quality, Department of Environmental Protection, Commonwealth of Pennsylvania. The ERC transaction requirements are specified in 25 Pa. Code § 127.208.
[No Additions] Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.
Contact: David Balog, New Source Review Chief—Telephone: 814-332-6328.
37-00243: In accordance with 25 Pa. Code §§ 129.96—129.100, the Pennsylvania Department of Environmental Protection has made a preliminary determination to approve an alternative Reasonably Available Control Technology (RACT II) plan and seeks an approval of an amendment to the State Implementation Plan (SIP) for International Metals Reclamation Company (INMETCO), in Ellwood City Borough, Lawrence County. And in accordance with 25 Pa. Code § 127.521, the Department of Environmental Protection intends to revise a Title V Operating Permit for the facility. The facility is located at 1 Inmetco Drive, Ellwood City, PA 16117-6231. The facility's representative to contact concerning this application is Mr. Richard Lunn, EHS Manager. His phone number is 724-758-2819. Inmetco's facility is primarily used for the recovery and recycling of metals through the secondary smelting of non-ferrous metals from metal bearing wastes. The facility's air emission sources include a Rotary Hearth Furnace (RHF), Submerged Electric Arc Furnace (SEAF), material handling equipment, miscellaneous natural gas fired process and combustion units, an emergency generator, and a parts washer.
The proposed SIP revision does not adopt any new regulations. It incorporates the provisions and requirements contained in the amended RACT II approval for the facility, which are intended to satisfy the requirements for the 1997, 2008 and 2015 National Ambient Air Quality Standard (NAAQS) for ozone.
The proposed amendments to the RACT II determination, if finally approved, will be incorporated into a revised operating permit (37-00243) for the facility. The relevant RACT II requirements will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to Pennsylvania's State Implementation Plan and will remain in effect until replaced pursuant to 40 CFR 51 and approval by the EPA. Requirements that are not part of the RACT II determination will be excluded from the SIP submittal; this includes the provisions of the Department's presumptive RACT II requirements in accordance with 25 Pa. Code § 129.97, as they apply to existing sources at this facility.
The following is a summary of the proposed amendments to the RACT II determination for this operation that will be submitted to the EPA as a SIP revision:
Source RACT II Requirement Source 102—RHF NOx emissions shall not exceed 99.5 lbs/hr and 100 TPY as a 12-month rolling total. VOC emissions shall not exceed 21.58 lbs/hr and 94.5 TPY as a 12-month rolling total. Work practice requirement—To ensure proper operation and combustion, the burners for the RHF are to be cleaned on a rotating basis, with each burner being cleaned approximately every two weeks. The cleaning procedure entitled, ''RHF-001, Burner Cleaning and Relighting,'' dated May 27, 2013, is to be used. Source 103—SEAF NOx emissions shall not exceed 45 lbs/hr and 145.5 TPY as a 12-month rolling total. VOC emissions shall not exceed 16.56 lbs/hr and 72.6 TPY as a 12-month rolling total.
Public hearing. If requested by November 25, 2019, a public hearing will be held at 10 a.m. on December 4, 2019, to accept oral comments on the proposed operating permit revision and the proposed SIP revision. The hearing will be held, if requested, at the DEP Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. To request a hearing, to register to speak at a hearing, or to inquire if a hearing will be held, please contact Tom Decker at 814-332-6615. The last day to pre-register to speak at a hearing, if one is held, will be November 25, 2019. If we do not receive any pre-registered speakers by this date, the hearing will be cancelled.
Please note that any updates made to any aspect of the hearing, including whether or not a hearing will be held, will be posted online at: http://www.dep.pa.gov/About/Regional/NorthwestRegion/Community-Information/Pages/RACT-II.aspx.
We ask that you contact Tom Decker, Environmental Community Relations Specialist at 814-332-6615 or monitor our website to determine if a hearing will be held.
Persons wishing to present testimony at the hearing should contact Tom Decker at least one week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to a maximum of 10 minutes per individual and 2 written copies of the oral testimony are requested. Each organization is requested to designate one witness to present testimony on its behalf. Persons unable to attend the hearing, if it is held, may submit 3 copies of a written statement and exhibits within 10 days thereafter to Eric A. Gustafson, Environmental Program Manager, Pennsylvania Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335.
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 Eric A. Gustafson, Environmental Program Manager, Pennsylvania Department of Environmental Protection, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. A 30-day comment period from October 26, 2019, will exist for the submission of comments, protests and information. Each submission must contain the following information: name, address and telephone number of the person submitting the comments; identification of the proposed permit number 37-00243; and concise statements regarding the relevancy of the information or objections to issuance of the permit or the proposed RACT II Plan.
All pertinent documents are available for public review between 8 a.m. and 4 p.m. at the DEP Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. Appointments for scheduling a review may be made by calling the Department at 814-332-6078.
Persons with a disability who wish to comment and require an auxiliary aid, service, or other accommodations to do so should contact Tom Decker, Environmental Community Relations Specialist, at 814-332-6615 or the Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD) to discuss how the Department may accommodate your needs.
NOTICE OF PLAN REVISION APPROVAL UNDER THE MUNICIPAL WASTE PLANNING AND WASTE REDUCTION ACT OF 1988, Act 101 Northeast Region: Roger Bellas, Waste Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
The Department of Environmental Protection (DEP) approved a revision to the Lackawanna County Municipal Waste Management Plan on October 4, 2019.
Any person aggrieved by this action may appeal, pursuant to section 4 of the Environmental Hearing Board Act (35 P.S. § 7514), and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8457, Harrisburg, PA 17105-8457, 717-787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different time period. Copies of this appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at 717-787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable statutes and decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
Important legal rights are at stake, however, so you should show this notice to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the secretary to the Board (717-787-3483) for more information.
The Plan Revision is a public document and may be viewed at the DEP Regional Office noted above.
Questions concerning this approval should be directed to Roger Bellas, Waste Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
PUBLIC NOTICE OF APPLICATION AND DRAFT STATE WATER QUALITY CERTIFICATION FOR A FERC REGULATED PIPELINE PROJECT
Proposed State Water Quality Certification
Required by the Commonwealth of Pennsylvania, Department of Environmental Protection
Pursuant to Section 401 of the Clean Water Act for the Bernville TEM 2020/Compressor Units Replacement Project Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
WQ0683219-001, Enbridge/Texas Eastern Transmission, LP (Applicant), 890 Winter Street, Suite 320, Waltham, MA 02451. Bernville TEM 2020/Compressor Units Replacement Project (Project), in North Heidelberg Township, Berks County, ACOE Philadelphia District. The proposed project is located at the existing Bernville Compressor Station site (Latitude: 40.4099°; Longitude: -76.1506°).
On April 18. 2019, 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. CP19-191). The FERC Environmental Assessment for the Project, which was available on September 30, 2019, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP19-191).
On September 19, 2019, Applicant requested a state water quality certification (SWQC) 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 consistent with the requirements of State law and the Clean Water Act.
The Project, as proposed, includes the replacement of two existing centrifugal gas turbine units with two new, more efficient gas turbine units. Project activities include the reconstruction and conversion of existing buildings and the construction of additional facilities, including a generator building, an electrical control building, an electric service entrance building with transformer, and an auxiliary building. In addition, the project will result in the installation of a new stormwater management retention basin, widening of the existing access road, and installation of gas, electric, and water utility lines. The Project, as proposed, will require approximately 17.6 acres of earth disturbance. No impacts to streams or wetlands are proposed.
PADEP, by this notice, is proposing to issue a SWQC to Enbridge/Texas Eastern Transmission, LP for the Bernville TEM 2020/Compressor Units Replacement Project. PADEP is proposing to certify that construction, operation and maintenance of the Bernville TEM 2020/Compressor Units Replacement Project 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 PADEP is proposing to further certify that the construction, operation and Bernville TEM 2020/Compressor Units Replacement Project complies with Pennsylvania water quality standards and that the construction, operation and maintenance of the project will maintain and protect applicable Commonwealth water quality standards provided that the construction, operation and maintenance of the project complies with the following PADEP water quality permitting programs, criteria and conditions established pursuant to Pennsylvania law:
1. Discharge of Hydrostatic Test Water—Applicant shall obtain and comply with a National Pollutant Discharge Elimination System (NPDES) permit(s) for the discharge of water from the hydrostatic testing of the pipeline associated with the Project pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001), 25 Pa. Code Chapter 92a (relating to NPDES permitting, monitoring and compliance), and all other applicable regulations.
2. Erosion and Sediment Control and Stormwater Management—All projects proposing earth disturbance must implement best management practices (BMPs) to protect and maintain water quality pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and Storm Water Management Act (32 P.S. §§ 680.1—680.17), 25 Pa. Code Chapter 102 (relating to erosion and sediment control), and all other applicable regulations. Applicant shall obtain and comply with an Erosion and Sediment Control Permit(s) for earth disturbance associated with the Project as provided in 25 Pa. Code § 102.5.
3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Water Obstruction and Encroachment Permit(s) for the construction, operation and maintenance of all stream and wetland crossings associated with the Project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601), 25 Pa. Code Chapter 105 (relating to dam safety and waterway management), 25 Pa. Code Chapter 106 (relating to floodplain management) and all other applicable regulations.
4. Other Water Quality Requirements—Applicant shall obtain any other permits, authorizations or approvals required to construct, operate, and maintain the Project from any interstate or international agency as required by an interstate compact or international agreement that has established water quality standards applicable to surface waters of this Commonwealth, including wetlands.
5. Water Quality Monitoring—PADEP retains the right to specify additional studies or monitoring to ensure that water quality in the receiving waters associated with the Project is not adversely impacted by any operational and construction process that may be employed by Applicant.
6. Operation—Applicant shall properly operate and maintain at all times all Project facilities and systems of treatment and control (and related appurtenances) installed to achieve compliance with the terms and conditions of this SWQC and all required permits, authorizations and approvals. 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.
7. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of PADEP or the delegated County Conservation District to determine compliance with this SWQC, including all permits, authorizations or approvals which ensure the project shall maintain and protect State water quality standards as required by this SWQC. The Applicant shall provide a copy of this SWQC to an authorized representative conducting an inspection of the Project.
8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project or any portion(s) thereof, the Applicant shall provide a copy of this SWQC and copies of any permits, authorizations or approvals obtained to comply with the SWQC 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 appropriate PADEP Office of such intent. Notice to PADEP shall include a transfer agreement signed by the existing and new owners containing a specific date for transfer of responsibility, coverage, and liability under the SWQC and any permits, authorizations and approvals obtained to comply with the SWQC. The new owner shall submit to PADEP a new application form for the SWQC and any permits, authorizations and approvals required to comply with the SWQC signed by the new owner.
9. Correspondence—All correspondence with and submittals to PADEP concerning this SWQC shall be addressed to the Department of Environmental Protection, Regional Permit Coordination Office, Domenic Rocco, PE, Program Manager, 400 Market Street, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.
10. Reservation of Rights—PADEP may modify, suspend, or revoke this SWQC if (i) PADEP becomes aware of new facts about the Project that warrant such action; or (ii) PADEP determines that the Applicant has not complied with the terms and conditions of the SWQC. PADEP may require additional measures to achieve compliance with any applicable law or regulation.
11. Other Laws—Nothing in this SWQC shall be construed to preclude the institution of any legal action or to relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable law or regulation.
12. Severability—The provisions of this SWQC are severable and should any provision of this SWQC be declared invalid or unenforceable, the remainder of this SWQC shall not be affected thereby.
Prior to issuance of the final SWQC, PADEP will consider all relevant and timely comments, suggestions or objections submitted to PADEP within 30 days of this notice. Comments should be directed to Mr. Domenic Rocco, P.E., Program Manager, Regional Permit Coordination Office 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 of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted.
EROSION AND SEDIMENT CONTROL The following parties have applied for Erosion and Sediment Control Permits for earth disturbance associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities.
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 is invited to submit a statement to the appropriate Department 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 office during the 30-day public comment period.
Following the 30-day comment period, the program manager from the appropriate Department office 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 United States Court of Appeals for the 3rd Circuit, 21400 U.S. Courthouse, 601 Market Street, Philadelphia, PA 19106-1790.
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 Department 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 Department 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).
Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Domenic Rocco, PE, Program Manager, 717-772-5987.
ESG830619001-00. The Department of Environmental Protection (Department) provides notice of receipt of an application for a Chapter 102, Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment Operations or Transmission Facilities. The application is currently under technical review for the Bernville TEM 2020/Compressor Units Replacement Project (Project), which will consist of upgrades at the existing compressor station site. The project is located in North Heidelberg Township, Berks County.
This authorization is required for earth disturbance activities associated with oil and gas exploration, production, processing or treatment operations or transmission facilities when earth disturbance is five acres or greater. Review of this application is being coordinated among the Department and the associated county conservation districts.
The application under review is as follows:
Permit No. Applicant Name & Address Counties DEP Office ESG830619001-00 Enbridge/Texas Eastern Transmission, LP (Applicant)
890 Winter Street
Suite 320
Waltham, MA 02451
Berks Regional Permit Coordination Office
More detailed information regarding the permit applications related to this proposed project is available in the Department's Regional Permit Coordination Office and available online (dep.pa.gov/pipelines). Contact the Department's Regional Permit Coordination Office File Review Coordinator at 717-772-5987 to request a file review.
Comments on the applications can be emailed or sent via postal mail to the Department of Environmental Protection, Regional Permit Coordination Office, Rachel Carson Building, 400 Market Street, 10th Floor, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.
NOTICE OF PUBLIC HEARING The Pennsylvania Department of Environmental Protection (''DEP'') has scheduled a public hearing to receive testimony and comments on the Water Quality Management Permit (''WQM'') No. 2919201 application submitted by CFC Fulton Properties. The proposal is for the construction of Bivouac Sow Farm, a new swine facility which includes three (3) barns with underneath storages for a 3,271.5 Animal Equivalent Unit sow/nursery swine operation located at 15197 Great Cove Road, Big Cove Tannery, PA 17212. Based on new standard animal weights effective October 1, 2019, the Animal Equivalent Units for this proposed operation are now 3,271.5 rather than 2,978.55. This notice has been updated to reflect that change in Animal Equivalent Units. Bivouac Sow Farm is proposed to be located in Ayr Township, Fulton County. The hearing will be held on Wednesday, October 30, 2019 at 6:30 p.m. at the McConnellsburg Fire Hall, 112 E Maple St., McConnellsburg, PA 17233.
Any person intending to testify at the hearing should register by Tuesday, October 15, 2019 by contacting Mr. John Repetz at 717.705.4904 or jrepetzpa.gov. If DEP does not receive any testimony registration requests by 4:00 p.m. on Wednesday, October 23, 2019, the public hearing will be cancelled.
All testimony should pertain to the WQM permit application submitted by CFC Fulton Properties. Each individual will have up to five (5) minutes for his/her presentation. To ensure that all speakers have a fair and equal opportunity to present their testimony, relinquishing of time to other speakers will not be allowed. DEP will respond in writing to relevant testimony provided during the public hearing and submitted written comments. Further details relating to the procedures to be followed at the hearing will be outlined at the beginning of the hearing.
For those who prefer to present written comments or are unable to attend the hearing, written testimony may be submitted by 4:00 p.m. on November 4, 2019 to Scott Arwood, P.E., Clean Water Permitting Chief, DEP Southcentral Regional Office, 909 Elmerton Ave., Harrisburg, PA 17110.
The permit application is available for review at the Fulton County Library, 227 N. First St., McConnellsburg, PA 17233, 717.485.5327. An appointment may be scheduled to review the permit application at the DEP's Southcentral Regional Office in Harrisburg by contacting the file room at 717.705.4732 between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. If you are unable to schedule an appointment with our file room to review the application, other accommodations can be made by contacting Mr. Repetz.
If you are a person with a disability and you wish to attend the hearing but you require an auxiliary aid, service or other accommodations to participate in the proceedings, please contact Mr. Repetz at the number above for assistance. TDD users may use the Pennsylvania AT&T Relay Services at 1.800.654.5984.
[Pa.B. Doc. No. 19-1587. Filed for public inspection October 25, 2019, 9:00 a.m.]
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