[52 Pa.B. 726]
[Saturday, January 29, 2022]
[Continued from previous Web Page]
ACTIONS ON COAL AND
NONCOAL APPLICATIONS
Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.31); 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); the Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.21). 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 such applications will also address the application permitting requirements of the following statutes; the Air Quality 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—6018.1103).
Coal Permits Issued
California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100, (Contact: Bonnie Herbert).
Mining Permit No. 30841316 and NPDES Permit No. PA0213535. Consol Pennsylvania Coal Company, LLC, 1000 Consol Energy Drive, Suite 100, Canonsburg, PA 15317 to revise the permit and related NPDES Permit for the 6 South 3 Portal Site and to add one (1) NPDES outfall, a sewage treatment plant, and eight (8) boreholes located in Richhill and Aleppo Townships, Greene County, affecting 43.4 surface acres. Receiving stream(s): South Fork Dunkard Fork. Application received: August 24, 2018. Permit issued: November 10, 2021.
Mining Permit No. 11841301 and NPDES Permit No. PA0001317. ArcelorMittal Pristine Resources, LLC, 129 Bethlehem Road, P.O. Box 36, Revloc, PA 15948, renew the permit and related NPDES Permit for reclamation and water treatment only located in Cambria, Allegheny, Munster, Portage, Summerhill, and Croyle Townships, Cambria County. Application received: February 11, 2019. Permit issued: November 16, 2021.
Mining Permit No. 30743702. Keystone Land Resources, Inc., 46226 National Road, St. Clairsville, OH 43950, a transfer of the permit from Murray American Energy, Inc. to Keystone Land Resources, Inc. located in Wayne Township, Greene County. Application received: November 17, 2020. Permit issued: November 17, 2021.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900, RA-EPCAMBRIA@pa.gov, (Contact: Melanie Ford-Wigfield).
Permit 32950202 and NPDES No. PA0213039. Compass Coal Co., Inc., 2680 Old Route 119 Highway North, Indiana, PA 15701. Permit transfer from Cambria Reclamation Corporation, 2929 Allen Parkway, Suite 3275, Houston, TX 77019-000 for the continued operation and restoration of a bituminous surface refuse reprocessing mine in Center Township, Indiana County, affecting 287.3 acres. Receiving streams: Unnamed tributary to/and Yellow Creek classified for the following uses: CWF and TSF. There are no potable water supply intakes within 10 miles downstream. Application received: August 5, 2021. Permit issued: January 10, 2022.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191, RA-EPKNOX@pa.gov, (Contact: Cayleigh Boniger).
Mining Permit No. 10120106. Amerikohl Mining, Inc., 202 Sunset Drive, Butler, PA 16001, Revision to an existing bituminous surface mine to change the post-mining land use from Forestland to Unmanaged Natural Habitat on the properties of Charles and Roberta Cunningham, Barry Nolph, Terry and Natalie Deal, Larry and Judith Jones, and Paul Heller located in Fairview and Parker Townships and Petrolia Borough, Butler County, affecting 465.7 acres. Receiving stream(s): Unnamed tributaries to South Branch Bear Creek, classified for the following uses: WWF. Application received: October 1, 2021. Permit issued: January 11, 2022.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, RA-EPPottsvilleDMO@pa.gov, (Contact: Theresa Reilly-Flannery).
Permit No. 54663021. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renewal of an existing anthracite surface mine, coal refuse reprocessing and preparation plant operation in New Castle Township, Schuylkill County, affecting 693.0 acres. Receiving stream: Mill Creek. Application received: October 2, 2020. Renewal issued: January 12, 2022
Permit No. PAM111098. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renew coverage under the General NPDES Permit for Stormwater Discharges Associated with Mining Activities (BMP-GP-104) on Surface Mining Permit No. 54663019 in New Castle Township, Schuylkill County, receiving stream: Mill Creek. Application received: October 2, 2020. Coverage issued: January 12, 2022
Permit No. GP12-54663021. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renew general Operating Permit to operate a coal preparation plant on Surface Mining Permit No. 54663021 in New Castle Township, Schuylkill County. Application received: October 2, 2020. Coverage renewed: January 12, 2022.
Permit No. 54793206. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renewal of an existing anthracite surface mine, coal refuse processing, coal refuse disposal and coal preparation plant operation in Mahanoy Township and Shenandoah Borough, Schuylkill County, affecting 3,038.0 acres. Receiving stream: Mahanoy Creek. Application received: July 30, 2020. Renewal issued: January 14, 2022.
Permit No. PAM113009. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renew coverage under the General NPDES Permit for Stormwater Discharges Associated with Mining Activities (BMP-GP-104) on Surface Mining Permit No. 54793206 in Mahanoy Township and Shenandoah Borough, Schuylkill County, receiving stream: Mahanoy Creek. Application received: July 30, 2020. Coverage issued: January 14, 2022.
Permit No. GP12-54793206. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renew general Operating Permit to operate a coal preparation plant on Surface Mining Permit No. 54793206 in Mahanoy Township and Shenandoah Borough, Schuylkill County. Application received: January 28, 2021. Coverage renewed: January 14, 2022.
Permit No. 54793206. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, correction to update the post-mining land use of an existing anthracite surface mine, coal refuse processing, coal refuse disposal and coal preparation plant operation in Mahanoy Township and Shenandoah Borough, Schuylkill County affecting 3,038.0 acres. Receiving stream: Mahanoy Creek. Application received: January 28, 2021. Correction issued: January 14, 2022.
Permit No. 54040201. Reading Anthracite Company, P.O. Box 1200, Pottsville, PA 17901, renewal of an existing anthracite coal refuse reprocessing, coal refuse disposal and preparation plant operation in Butler, West Mahanoy and Union Townships, Schuylkill County affecting 1,108.97 acres. Receiving stream: Shenandoah Creek. Application received: December 23, 2020. Renewal issued: January 14, 2022.
Permit No. 40663026. Pagnotti Enterprises, Inc., 144 Brown Street, Yatesville, PA 18640, renewal of an existing anthracite surface mine, coal refuse disposal and preparation plant operation in Hazle Township, Luzerne County, affecting 285.0 acres. Receiving stream: Black Creek. Application received: March 12, 2021. Renewal issued: January 14, 2022.
Permit No. PAM112005. Pagnotti Enterprises, Inc., 144 Brown Street, Yatesville, PA 18640, renew coverage under the General NPDES Stormwater Permit for stormwater discharges associated with mining activities (BMP-GP-104) on Surface Mining Permit No. 40663026 in Hazle Township, Schuylkill County, receiving stream: Black Creek. Application received: March 12, 2021. Coverage issued: January 14, 2022.
Permit No. 54960202. City of Philadelphia, Trustee, Acting by the Board of Directors of City Trusts for Girard Estate, 1100 Market Street, Suite 2600, Philadelphia, PA 19107, renewal of an existing anthracite surface mine, coal refuse reprocessing, refuse disposal and preparation plant operation in Union, Butler and West Mahanoy Townships, Schuylkill County, affecting 775.6 acres. Receiving streams: Shenandoah and Mahanoy Creeks. Application received: October 19, 2021. Renewal issued: January 14, 2022.
Noncoal Permits Issued
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200, RAEPMOSHANNON@pa.gov, (Contact: Ashley Smith).
NPDES PA0257788 (Mining Permit No. 53110301). North Penn Supply Quarries, LLC, 115 North East Street, Coudersport, PA 16815. Renewal of an NPDES permit on an existing large noncoal surface mine site located in Sweden Township, Potter County, affecting 21 acres. Receiving stream(s): Mill Creek classified for the following use(s): HQ-CWF. Application received: June 15, 2021. Permit issued: January 6, 2022.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, RA-EPPottsvilleDMO@pa.gov, (Contact: Theresa Reilly-Flannery).
NPDES Permit No. PA0594571 (Mining Permit No. 6276SM1). New Enterprise Stone & Lime Co., Inc., 3912 Brumbaugh Road, New Enterprise, PA 16664, NPDES Permit correction to increase the average monthly discharge rate for Outfall 001 in Salisbury Township, Lancaster County. Receiving stream: unnamed tributary to Pequea Creek. Application received: February 22, 2021. Correction issued: January 10, 2022.
NPDES Permit No. PA0593885. (Mining Permit No. 8275SM2). New Enterprise Stone & Lime Co., Inc., 3912 Brumbaugh Road, New Enterprise, PA 16664, NPDES Permit correction to increase the average monthly discharge rate for Outfalls 001 and 002 in Earl and Ephrata Townships, Lancaster County. Receiving streams: Conestoga River and unnamed tributary to Conestoga River. Application received: March 5, 2021. Correction issued: January 10, 2022.
NPDES Permit No. PA0595381 (Mining Permit No. 8275SM5). New Enterprise Stone & Lime Co., Inc., 3912 Brumbaugh Road, New Enterprise, PA 16664, NPDES Permit correction to increase the average monthly discharge rate for Outfall 001 in East Cocalico Township, Lancaster County. Receiving stream: Stony Run. Application received: March 9, 2021. Correction issued: January 10, 2022.
Permit No. PAM121038. Craig R. Reeves, P.O. Box 190, Montrose, PA 18801, coverage under the General NPDES Stormwater Permit for stormwater discharges associated with mining activities on GP105 Permit No. 58212507 in Jessup Township, Susquehanna County, receiving stream: unnamed tributary to South Branch Wyalusing Creek. Application received: August 2, 2021. Coverage issued: January 10, 2022.
NPDES Permit No. PA0226025 (Mining Permit No. 6172SM6). Bear Gap Stone Division of Corson Quarry, Inc., 432 Quarry Road, Elysburg, PA 17824, NPDES Permit for a noncoal quarry operation in Ralpho Township, Northumberland County. Receiving stream: unnamed tributary to South Branch Roaring Creek. Application received: March 20, 2019. Permit issued: January 13, 2022.
Permit No. PAM121053. Daniel S. Warner, 2615 Babcock Road, Montrose, PA 18801, coverage under the General NPDES Stormwater Permit for stormwater discharges associated with mining activities on Surface Mining Permit No. 58100304 in Jessup Township, Susquehanna County, receiving stream: Elk Lake Stream. Application received: September 20, 2021. Coverage issued: January 13, 2022.
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
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, RAEPPottsvilleDMO@pa.gov, (Contact: Theresa Reilly-Flannery).
Permit No. 36214153. Maine Drilling & Blasting, Inc., P.O. Box 1140, Gardiner, ME 04345, construction blasting for Wesley Duplex Lots 1—4 in Manor Township, Lancaster County, with an expiration date of December 17, 2022. Permit issued: January 14, 2022.
Permit No. 48214119. Rock Work, Inc., 1257 DeKalb Pike, Blue Bell, PA 19422, construction blasting for Creekside Meadows Phase 3 in East Allan Township, Northampton County, with an expiration date of January 1, 2023. Permit issued: January 14, 2022.
FEDERAL WATER POLLUTION
CONTROL ACT SECTION 401The 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 the applicable provisions of 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.
Any person aggrieved by these actions 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 Hamilton Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing 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 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.
WATER OBSTRUCTIONS AND ENCROACHMENTS
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.
Northcentral Region: Waterways & Wetlands Program, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E5904221-008: NFG Midstream Covington LLC, 1623 Mack Road, Mansfield, PA 16933, Morris Township, Tioga County, U.S. Army Corps of Engineers Baltimore District (Crooked Creek Quadrangle; Latitude 41° 45` 45.25" N; 77° 07` 53.70 W).
The applicant has proposed to install Installation of two (2) three-inch (3") diameter buried electrical conduits that will span approximately 1,800 linear feet. The project will result in 3.8` L x 6` W of permanent Watercourse impact, no permanent Floodway impact, and 10` L x 10` W of permanent Wetland impact (The UNTs to Elk Run are CWF-MF, and no known threatened or endangered species inhabit the resource within the project area). Mitigation will not be required as Wetland impact is de minimis.
E1404221-003: Haines-Aaronsburg Municipal Authority, P.O. Box 254, Aaronsburg, PA 16820. Water System Improvement Project, Haines Township, Centre County, U.S. Army Corps of Engineers Baltimore District (Millheim Quadrangle; Latitude: 40.907326°; Longitude: -77.448219°).
The applicant is authorized to construct and maintain two (2) horizontal directionally drilled utility lines under an Unnamed Tributary to Pine Creek (EV). One is for a new 4-inch HDPE raw water source to the water treatment plant, the other is to replace an existing finished water line—in a separate location than the existing—with a 6-inch HDPE from the plant to the distribution system. The project proposes .03 acre of direct watercourse and floodway impact.
E1704221-002. City of DuBois, 16 West Scribner Ave., P.O. Box 408, DuBois, PA 15801. Wastewater Treatment Plant upgrades at 96 Guy Ave. in Sandy Township, Clearfield County, ACOE Pittsburgh District (Falls Creek, PA Quadrangle, Latitude: 41° 7` 46.5" N; Longitude: 78° 46` 36.3" W).
The applicant plans to construct a new wastewater treatment plant to replace the existing facility. The existing treatment plant effluent discharges to Sandy Lick Creek and is authorized by NPDES permit No. PA0027375. The project involves construction of an influent pump station, septage receiving, screening, grit removal, four sequence batch reactors, tertiary filtration, UV disinfection, aerobic digestion, sludge dewatering, sewer line replacement, operations building and parking/road. Additional work was approved by E1704221-001 for a new access road to the treatment plant and bridge across Sandy Lick Creek. Upon completion of the new plant, the old facility will be removed. Effluent from the new plant will continue to be discharged to Sandy Lick Creek. The project will permanently impact 1.17 acres of primarily palustrine scrub-shrub wetlands which will be mitigated for by creation of 2.17 acres of new wetlands on the property. Sandy Lick Creek (TSF, MF) and Clear Run (CWF, MF) will also be impacted by the project. The City will permanently disturb 0.01 acre of stream, 1.35 acres of floodway, and 8.17 acres of flood fringe. Temporary impacts will be 0.17 acre of stream, 2.78 acres of floodway, and 3.60 acres of flood fringe. No threatened or endangered species are known to exist within the project area and none of the aquatic resources are classified as special protection.
Eastern Region: Oil & Gas Management Program, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
E0829221-011: Chesapeake Appalachia, LLC, 14 Chesapeake Lane, Sayre, PA 18840, Smithfield Township, Bradford County, ACOE Baltimore District.
To construct, operate and maintain:
1. A 300` by 400` well pad impacting 78,844 square feet (1.81 acres) of permanent Palustrine Emergent Wetland impacts. (Ulster, PA Quadrangle, Latitude: 41.866259°, Longitude: -76.610060°);
This project is an after-the-fact permit that is associated with the Chesapeake Audit and will result in 78,844 square feet (1.81 acres) of permanent PEM wetland impacts, all for the purpose of establishing a well pad for Marcellus well development in Smithfield, Township, Bradford County. The permittee will provide 3.62 acres of PEM wetland mitigation at Camp Brook Restoration (Elkland, PA Quadrangle, Latitude: 41.988385°, Longitude: -77.337152°), permit application number E5929221-006.
ENVIRONMENTAL ASSESSMENTS Central Office: Waterways Engineering & Wetlands, Rachel Carson State Office Building, 400 Market Street, 2nd Floor, Harrisburg, PA 17101, (717) 787-3411.
D46-357. Matthew Marchisello, Aqua Pennsylvania, Inc., 762 W Lancaster Avenue, Bryn Mawr, PA 19010, Lurgan Township, Franklin County, U.S. Army Corps of Engineers Philadelphia District.
The Department of Environmental Protection, Division of Dam Safety has reviewed and approved the restoration plan to remove the Perkiomen Creek Gauge Dam in entirety to eliminate a threat to public safety and to restore approximately 750 feet of stream channel to a free-flowing condition. The project is located across Perkiomen Creek (TSF, MF) (East Greenville, PA Quadrangle, Latitude: 40.3945; Longitude: -75.5173). Project approved on January 5, 2022.
D46-367. Matthew Marchisello, Aqua Pennsylvania Inc., 762 W Lancaster Avenue, Bryn Mawr, PA 19010, Lurgan Township, Franklin County, U.S. Army Corps of Engineers Philadelphia District.
The Department of Environmental Protection, Division of Dam Safety has reviewed and approved the restoration plan to remove the Hillegas Gauge Dam to eliminate a threat to public safety and to restore approximately 530 feet of stream channel to a free-flowing condition. The project is located across the West Branch Perkiomen Creek (CWF, MF) (East Greenville/Sassamansville, PA Quadrangle, Latitude: 40.3732; Longitude: -75.5235). Project approved on January 5, 2022.
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 Hamilton Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30-days of publication of this notice in the Pennsylvania Bulletin unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30-days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Northwest Region: Oil & Gas Management Program, 230 Chestnut Street, Meadville, PA 16335-3481.
ESCGP-3 # ESG082421003-00 MOJ 5 Pipeline ESX
Applicant Name Seneca Resources Co LLC
Contact Person Douglas Kepler
Address 51 Zents Blvd
City, State, Zip Brookville, PA 15825-2701
County Elk
Township(s) Jones Township
Receiving Stream(s) and Classification(s) UNT to Wilson Run (CWF) and Long Run (CWF).
Secondary Use West Branch Clarion River (CWF).Southwest District: Oil & Gas Management Program, 400 Waterfront Drive, Pittsburgh, PA 15222, (412) 442-4281.
ESCGP-3 # ESG070421003-00—Ferrebee Bea Well Site
Applicant Name Geopetro, LLC
Contact Person Andrew Stafford
Address 7100 North High Street
City, State, Zip Worthington, OH 43085-2316
County Beaver
Township(s) Ohioville Borough
Receiving Stream(s) and Classification(s) Wolf Run (WWF)
Secondary Ohio River (WWF)Eastern Region: Oil and Gas Management Program, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
ESCGP-3 # ESG295921009-00
Applicant Name Seneca Resources Co, LLC
Contact Person Benjamin Williams
Address 51 Zents Blvd.
City, State, Zip Brookeville, PA 15825
County Tioga
Township(s) Charleston
Receiving Stream(s) and Classification(s) Elk Run (CWF), UNT to Sand Run (EV)
Secondary: Tioga River (CWF), Sand Run (EV)
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 nonresidential 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 Hamilton Relay Service at (800) 654-5984.
The Department has received the following plans and reports:
Southeast Region: Environmental Cleanup & Brownfields Program, 2 East Main Street, Norristown, PA 19401, 484-250-5960.
Contact: Richard Staron, Professional Geologist Manager.
Waste Mgmt Delaware Valley, 23-17610, 408 S. Oak Ave., Primos, PA 19108, Upper Darby Township, Delaware County. Center Point Tank Services, Inc., 563 E. Benjamin Franklin Highway, Douglasville, PA 19518, on behalf of Waste Management of Delaware Valley—South, 408 South Oak Avenue, Primos, PA 19108, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with diesel fuel. The report is intended to document remediation of the site to meet nonresidential Statewide health standards.
Septa Comly Garage, 51-07488, Penn St. & Comly St., Philadelphia, PA 19149, City of Philadelphia, WSP, 500 Summit Lake Drive, Suite 450, Valhalla, NY 10595, on behalf of SEPTA, 1234 Market Street, 6th Floor, Philadelphia, PA 19107-3780, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded petroleum products. The report is intended to document remediation of the site to meet nonresidential Statewide health and site-specific standards.
Sharro Petro, 23-09139, 2400 W. Darby Rd., Havertown, PA 19083, Haverford Township, Delaware County. Michael Baker International, Inc., 1818 Market Street, Suite 3100, Philadelphia, PA 19103, on behalf of Cumberland Farms, Inc., 165 Flanders Road, Westborough, MA 01581, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with unleaded petroleum products. The report is intended to document remediation of the site to meet residential Statewide health and site-specific standards.
Blue Bell Sunoco, 46-20382, 889 Dekalb Pike, Blue Bell, PA 19422, Whitpain Township, Montgomery County. MEA, Inc., Ackerman Rd., 1365 Environmental Services, Bangor, PA 18013, on behalf of Multani Bros. PA Realty, LLC, P.O. Box 326, Gloucester City, NJ 08030, submitted a 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 nonresidential Statewide health standards.
Kershaws Svc Ctr, 15-45247, Washington St. and Hannum Avenue, West Chester, PA 19380, West Chester Borough, Chester County. Brickhouse Environmental, 515 South Franklin St., West Chester, PA 19382, on behalf of 501 Hannum Ave, LLC, 440 East Marshall Street # 301, West Chester, PA 19380, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with leaded/unleaded gasoline and used motor oil. The report is intended to document remediation of the site to meet nonresidential Statewide health standards.
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 nonresidential 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 Hamilton Relay Service at (800) 654-5984.
The DEP has received the following plans and reports:
Southeast Region: Environmental Cleanup & Brownfields Program, 2 East Main Street, Norristown, PA 19401, 484-250-5960.
Contact: Richard Staron, Professional Geologist Manager.
Chestnut Hill Mobil, 51-43700, 8019 Germantown Ave., Philadelphia, PA 19118, City of Philadelphia. Synergy Environmental Inc., 155 Railroad Plaza, First Floor, Royersford, PA 19468, on behalf of Cross America Partners, 645 W. Hamilton St, Suite 400, Allentown, PA 18101, submitted a Remedial Action Plan concerning remediation of soil contaminated with diesel fuel. The Remedial Action Plan was acceptable to meet nonresidential Statewide health standards and was approved by the Department on January 14, 2022.
Sunoco 0363 1793, 23-30744, 753 Kedron Ave., Morton, PA 19070, Ridley Township, Delaware County. Groundwater & Environmental Services, Inc., 440 Creamery Way, Suite 500, Exton, PA 19341, on behalf of Evergreen Resources Management Operations, 2 Righter Parkway, Suite 120, Wilmington, DE 19803, submitted a Remedial Action Plan concerning remediation of soil and groundwater contaminated with petroleum products. The Remedial Action Plan was acceptable to meet nonresidential Statewide health standards and was approved by the Department on January 14, 2022.
M & M Sunoco, 09-24405, 1102 General Washington Memorial Blvd., Washington's Crossing, PA 18977, Upper Makefield Township, Chester County. Marshall Geoscience, Inc., 170 East First Avenue, Collegeville, PA 19426, on behalf of M & M Sunoco, 1102 General Washington Memorial Blvd., Washington's Crossing, PA 18977, submitted a Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded gasoline. The Remedial Action Completion Report demonstrated attainment of nonresidential Statewide health standards and was approved by the Department on January 11, 2022.
Northeast Region: Environmental Cleanup & Brownfields Program, 2 Public Square, Wilkes-Barre, PA 18701-1915, 570-826-2511.
Contact: Eric Supey, Environmental Program Manager.
Allentown City Maintenance Yard, Storage Tank ID # 39-09491, 1733 Grammes Road, Allentown, PA 18103, Allentown City, Lehigh County. Synergy Environmental, 155 Railroad Plaza, Royersford, PA 19468, on behalf of the City of Allentown, 641 South Tenth Street, Allentown, PA 18103, has submitted a Remedial Action Completion Report concerning remediation of groundwater contaminated with gasoline. The Remedial Action Completion Report demonstrated attainment of Statewide health standards and was approved by DEP on January 10, 2022.
Northwest Region: Environmental Cleanup & Brownfields Program, 230 Chestnut Street, Meadville, PA 16335-3481, 814-332-6648.
Contact: Kim Bontrager, Clerk Typist 3.
Country Fair 43, Storage Tank Facility ID # 25-09234, 3826 Peach Street, Erie, PA 16509, City of Erie, Erie County. Arcadis U.S., Inc, 6041 Wallace Road Ext., Suite 300, Wexford, PA 15090, on behalf of Chevron Environmental Management Company, 1500 Louisiana Street, Houston, TX 77002, submitted a combined Remedial Action Plan and Remedial Action Completion Report concerning remediation of soil and groundwater contaminated with unleaded gasoline. The combined Remedial Action Plan and Remedial Action Completion Report did not demonstrate attainment of the Statewide Health and site-specific standards and was disapproved by DEP on January 14, 2022.
Alleghany Pit Stop, Storage Tank Facility ID # 62-36970, 306 South Main Street, Sheffield, PA 16347-2010, Sheffield Township, Warren County. Cribbs & Associates, Inc., P.O. Box 44, Delmont, PA 15626, on behalf of Alleghany Pit Stop, 306 South Main Street, Sheffield, PA 16347, submitted a Remedial Action Plan concerning remediation of groundwater contaminated with methyl tertiary butyl ether (MTBE). The Remedial Action Plan was acceptable to meet the Statewide health standard and was approved by DEP on January 18, 2022.
SPECIAL NOTICES
WATER PROGRAMS
PUBLIC NOTICE OF FINAL STATE WATER
QUALITY CERTIFICATION FOR FERC REGULATED PIPELINE PROJECT
State Water Quality Certification Issued by the Commonwealth of Pennsylvania, Department of Environmental Protection Pursuant to Section 401 of the Clean Water Act for the FM 120 Insertion Project.
Regional Permit Coordination Office: 400 Market Street, Harrisburg, PA 17101, Email: RA-EPREGIONALPERMIT@pa.gov.
WQ008321-001, National Fuel Gas Supply Corporation (Applicant), 1100 State Street, Erie, PA 16501. FM 120 Insertion Project (Project), in Sergeant Township, McKean County, St. Mary's City and Jones Township, Elk County, Shippen Township, Cameron County, Baltimore Pittsburgh Corps Districts. The proposed project starts at Temporary Access Road (TAR)-01 in Sergeant Township, McKean County (Latitude: 41.620550; Longitude: -78.481666°) and ends at TAR-15 Station 1177 Access in Shippen Township, Cameron County (Latitude: 41.458364°; Longitude: -78.388866°)
On January 19, 2021, Applicant requested a state water quality certification (SWQC) from the Pennsylvania Department of Environmental Protection (DEP), 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 an approximately 12.5-mile-long, 6-inch FlexSteel pipeline insertion through an existing 1950's vintage bare steel 12-inch-diameter pipeline via approximately 33 excavated bell holes along the pipeline for the installation, pull out, and cathodic protection on the couplings to transport natural gas from Sergeant Township, McKean County to Shippen Township, Cameron County. Select pipeline sections will require replacement via open cut construction methodology due to existing pipeline bend angles. The Project, as proposed, will require approximately 82.1 acres of earth disturbance, and permanent stream impacts to approximately 174 linear feet of streams including Big Run (HQ-CWF), UNT(s) to Big Run (HQ-CWF), Clear Creek (HQ-CWF), UNT(s) to Clear Creek, North Fork Creek (HQ-CWF), UNT(s) to North Fork Creek (HQ-CWF), Little Clear Creek (EV). West Creek (HQ-CWF), UNT to West Creek (HQ-CWF), 0.036 acre of floodway, 7.55 acres of temporary PEM wetland impacts, and 0.16 acre of PEM permanent impacts.
DEP published notice of its proposed SWQC in the Pennsylvania Bulletin on March 27, 2021 (51 Pa.B. 1679) and DEP has received no comments.
DEP certifies that the construction, operation and maintenance of the 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 DEP further certifies that the construction, operation and maintenance of the 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 DEP 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—DEP 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—At all times, Applicant shall properly operate and maintain 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 DEP or the delegated County Conservation District to determine compliance with this SWQC, including all permits, authorizations or approvals issued to 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 DEP Office of such intent. Notice to DEP 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 DEP 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 DEP concerning this SWQC shall be addressed to the Department of Environmental Protection, Regional Permit Coordination Office, Domenic Rocco, PE, Director, 400 Market Street, Harrisburg, PA 17101, RA-EPREGIONALPERMIT@pa.gov.
10. Reservation of Rights—DEP may modify, suspend or revoke this SWQC if (i) PADEP becomes aware of new facts about the Project that warrant such action; or (ii) DEP determines that the Applicant has not complied with the terms and conditions of this SWQC. DEP 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 the SWQC shall not be affected thereby.
Any person aggrieved by this action may challenge it in an appropriate legal forum. The state and Federal courts are currently split on whether the proper forum to challenge a Department permit, authorization or approval for a facility or activity subject to the Federal Natural Gas Act, 15 U.S.C.A. § 717 et seq., is the United States Court of Appeals for the Third Circuit or the Pennsylvania Environmental Hearing Board. See Delaware Riverkeeper Network v. Sec'y, Dep't of Envtl. Prot., 833 F.3d 360 (3d Cir. 2016); Delaware Riverkeeper Network v. Sec'y, Dep't of Envt'l Prot., 903 F.3d 65 (3d Cir. 2018), cert. denied, 139 S. Ct. 1648, 203 L. Ed. 899 (2019) and Cole v. Dep't. of Envtl Prot., 1577 C.D. 2019 WL 2420667 (Pa. Cmwlth Ct. June 15, 2021) (Pet. for Allowance of Appeal pending); West Rockhill Twp. v. Dep't of Envtl. Prot., No. 1595 C.D. 2019 WL 2426014 (Pa. Cmwlth. June 15, 2021) (Pet. for Allowance of Appeal pending).
You should promptly consult with a lawyer on the steps to take if you wish to challenge this action and to best protect your interests. Important legal rights are at stake. you should show this document to a lawyer at once.
[Pa.B. Doc. No. 22-166. Filed for public inspection January 28, 2022, 9:00 a.m.]
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