[30 Pa.B. 4017]
[Continued from previous Web Page] 13. Under the best available technology provisions of §§ 127.1 and 127.12, the hazardous waste incinerator identified in Condition 2a herein shall comply with the following emissions limitations:
Pollutant Emission Limit volatile organic compounds 10 ppmv, corrected to 7% oxygen sulfur dioxide Minimum 99% removal efficiency, not to exceed 1.8 pounds per hour nitrogen oxides, expressed as NO2 14.6 pounds per hour, 30-day rolling average hydrochloric acid and chlorine gas Minimum 99% removal efficiency, not to exceed 21 ppmv, dry, combined, corrected to 7% oxygen, as hydrochloric acid equivalents 14. Under the best available technology provisions of §§ 127.1 and 127.12, the combined air contaminant emissions from all sources identified in Condition 2 herein shall never exceed the following limits:
Emission Limit (tons per 12- consecutive month Pollutant period) Carbon monoxide (CO) 24 Volatile organic compounds (VOCs) 5.54 Sulfur oxides, as SO2 7.9 Nitrogen oxides, expressed as NO2 64 Particulate matter (PM) 4.809 PM10 4.809 Semi-volatile metals (lead and cadmium) 0.005 Mercury 0.004 Dioxins/Furans 0.000000042 Low-volatile metals (arsenic beryllium and chromium) 0.02 Hydrochloric acid and chlorine gas 6.5 15. Under section 63.1206(c)(3) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants and the best available technology provisions of §§ 127.1 and 127.12, the hazardous waste incinerator must be equipped with an automatic waste feed cutoff (AWFCO) system that shall immediately and automatically cut off all waste feeds should any of the following occur:
a. An exceedance of any of the operating parameter limitations specified in Conditions 3b, 4a, 4b, 4c, 4d and 9 herein.
b. An exceedance of the carbon monoxide emission limit specified in Condition 11 herein.
c. An exceedance or equaling of the span value for any of the monitors identified in Conditions 3d, 4a, 4b, 4c, 4d and 9 herein.
d. A malfunction of any of the monitors identified in Conditions 3d, 4a, 4b, 4c, 4d, 9 and 10 (carbon monoxide and oxygen CEMs only) herein.
e. A malfunction of any component of the AWFCO system.
The AWFCO shall be interlocked with the monitors identified in Conditions 3d, 4a, 4b, 4c, 4d, 9 and 10 (carbon monoxide and oxygen CEMs only) herein. Whenever the AWFCO system initiates a cutoff the gases generated within the incinerator must continue to be vented through the entire air cleaning system, identified in condition 4 herein, until a time as no waste remains within the incinerator. None of the waste feeds may be reinitiated until a time as the incident that caused the automatic cutoff has been corrected and the incinerator, AWFCO system, and all monitors are operating in compliance with all applicable conditions contained herein.
Additionally, under section 63.1206(c)(3)(vii) of Subpart EEE the AWFCO must be tested at least weekly to verify operability. Should this testing schedule unduly restrict or upset operations, Merck may request the Department to approve a less frequent testing schedule. Regardless, the testing frequency shall never be less than monthly.
16. The company shall implement an operator training and certification program that complies with the provisions of section 63.1206(c)(6) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants. Individuals subject to these provisions include any person who has responsibilities affecting operations that may affect emissions of hazardous air pollutants from the incinerator. The persons include, but are not limited to, chief facility operators, control room operators, continuous monitoring system operators, persons that sample and analyze feedstreams, persons that manage and charge feedstreams to the combustor, persons that operate emission control devices, ash and waste handlers, and maintenance personnel. The company shall ensure that the incinerator is operated and maintained at all times by persons who are trained and certified to perform these and any other duties that may affect emissions of hazardous air pollutants.
17. The company shall prepare, and operate the incinerator in conformance with, an operation and maintenance plan that complies with the provisions of section 63.1206(c)(7) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants. The plan shall describe in detail procedures for operation, inspection, maintenance and corrective measures for all components of the incinerator, including associated pollution control equipment, that could affect emissions of regulated hazardous air pollutants. The plan must describe how the company will operate and maintain the combustor in a manner consistent with good pollution control practices for minimizing emissions at least to the levels achieved during the comprehensive performance test.
18. The company must comply with all applicable notification requirements identified in section 63.1210 of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants.
19. The company must comply with all applicable reporting requirements identified in section 63.1211 of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants.
20. Under section 63.1209(b)(3) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, all monitoring/recording devices identified in Conditions 3d, 4a, 4b, 4c, 4d and 9 herein must sample the regulated parameter without interruption, and evaluate the detector response at least once every 15 seconds, and compute and record the average values at least every 60 seconds.
Additionally, the company shall comply with the following calibration requirements of section 63.1209(b)(2) of Subpart EEE:
a. All thermocouples or other temperature sensors must be calibrated at least once every 3 months.
b. The accuracy of all weight measurement devices used to monitor flowrates must be ± 1% of the weight being measured. The calibration of these devices must be verified at least once every 3 months.
21. Merck shall submit a Phase I application to the Department for the continuous monitoring systems required by Conditions 3d and 10 herein at least 1 year prior to the anticipated date of the incinerator testing required by Condition 24 herein.
22. The incinerator identified in Condition 2a herein shall not be operated for any reason unless the continuous monitoring systems identified in Conditions 3d and 10 herein have received Phase I approval from the Department and have subsequently been installed and made operational.
23. All required relative accuracy testing shall have been completed on all continuous monitoring systems identified in Conditions 3d and 10 herein and the systems shall be fully certified in accordance with all applicable regulatory requirements within 180 days of the date that any waste is first incinerated in the incinerator identified in Condition 2a herein unless this timeframe conflicts with the timeframe needed to comply with the testing requirements of Condition 24 herein.
24. The company shall conduct testing on the hazardous waste incinerator as follows:
a. Under section 63.1207(b)(1) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, the company must conduct a comprehensive performance test on the hazardous waste incinerator in order to demonstrate compliance with the emission limitations specified in Conditions 11 and 12 herein, establish final limits for the operating parameters monitored by the monitors/recorders identified in Conditions 3d, 4a, 4b, 4c, 4d and 9 herein, and demonstrate compliance with the performance specifications for the continuous emissions monitors required by Condition 10 (carbon monoxide and oxygen CEMs only) herein. The initial comprehensive test must be commenced within 180 days of the date that hazardous waste is first burned in the incinerator unless some more restrictive testing deadline is required in Subpart EEE. The tests must be conducted while hazardous wastes are actually being burned within the incinerator.
b. The company must conduct performance tests on the hazardous waste incinerator to demonstrate compliance with the emission limitations specified in Condition 13 herein. With the exception of the nitrogen oxides testing all other testing shall consist of a minimum of three individual 1-hour test runs using test reference methods acceptable to the Department. The tests must be commenced within 180 days of the date that waste is first burned in the incinerator. The tests must be conducted while hazardous wastes are actually being burned within the incinerator.
c. The company must conduct a compliance determination on the hazardous waste incinerator to demonstrate compliance with the nitrogen oxides emission limitation specified in Condition 13 herein. This determination shall be conducted using the certified continuous emission monitoring system required in condition 10 herein to obtain a 30-day rolling average emission rate. The 30-day rolling average emission rate shall be calculated using the hourly emissions data recorded by the monitoring system during the respective 30-day test period only when waste is actually being burned in the incinerator. A portion of the 30-day test period must occur simultaneously with the comprehensive test required by Condition 24a herein.
d. As part of the initial comprehensive performance test, as identified in Condition 24a herein, the company shall test for all of the compounds of potential concern (COPCs), as identified by the Department. The Department has identified the COPCs and their respective estimated emission rates used in the preliminary multipathway risk assessment for the hazardous waste incinerator. All tests shall consist of three individual test runs.
25. Under section 63.1208(b) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, the following test methods must be used during the comprehensive test required by Condition 24 herein:
Pollutant Test Method Dioxins and furans Method 0023A of EPA publication SW-846 Mercury
Cadmium and lead
Arsenic, beryllium and chromiumMethod 29 (40 CFR Part 60, Appendix A) Hydrochloric acid and chlorine Either Methods 26A, 320, or 321 (40 CFR Part 60, Appendix A) Particulate matter Either Method 5 of 5I (40 CFR, Part 60, Appendix A) Feedstream analyses Any reliable analytical method to determine feedstream concentrations of metals, chlorine and other constituents; must also comply with the
provisions of section 63.1208(b)(8) of Subpart EEE26. The company shall submit pretest protocols for all testing required by Condition 24 herein as follows:
a. Under section 63.1207(e)(1)(i) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, the company shall submit a pretest protocol for the comprehensive performance test required by Condition 24a herein at least 1 year prior to the commencement of the respective test. The content of the pretest protocol shall comply with the provisions of section 63.1207(f)(1) of Subpart EEE. This protocol must also address the testing of the COPCs as identified in Condition 24d herein.
b. The company shall submit a pretest protocol for the tests required by Conditions 24b and 24c herein at least 1 year prior to the commencement of the respective tests. This protocol shall contain a description of the specific testing and analytical procedures to be used in performing the testing, a listing of all incinerator operating parameters to be monitored during test performance, and dimensioned sketches of the test port locations showing the upstream and downstream duct work, stack and the like, configurations.
27. The Department shall be given at least 60 days advance notice of the scheduled dates for the performance of any testing required by Condition 24 herein. The Department is under no obligation to accept the results of any testing performed without adequate advance notice having been provided.
28. The company shall submit the following post-test documentation:
a. Under section 63.1207(j)(1) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, within 90 days of completion of the comprehensive tests required by Condition 24a herein the company must submit a notification of intent to comply (NIC) documenting compliance or noncompliance with the emissions limitations identified in Conditions 11 and 12 herein, the continuous monitoring systems identified in Conditions 3d, 4a, 4b, 4c, 4d, 9 and 10 (carbon monoxide and oxygen CEMs only) herein, and the operating parameter limits identified in Conditions 3b, 4a, 4b, 4c, 4d and 9 herein. Obviously, for the company to comply with the provisions of this requirement the company must submit to the Department all stack test reports, CEM reports and any other reports or documentation needed to verify compliance. Under section 63.1207(j)(4) of Subpart EEE, the company may request of the Department a time extension of the NIC submittal deadline should the company, for reasons beyond its control, not be able to comply with the deadline.
b. Within 90 days of completion of the testing required by Condition 24b and 24c herein the company shall submit two copies of the test report to the Department. The report shall contain the results of the testing, a description of the testing and analytical procedures actually used, all incinerator, air cleaning device, and waste feed data collected during the tests, a copy of all raw data and a copy of the calculations generated during the data analysis.
c. Within 90 days of completion of the comprehensive performance test, as identified in Condition 24a herein, the company shall submit to the Department revised cumulative cancer and noncancer risk values and all supporting documentation. The risk values shall be calculated as follows. The company shall calculate average COPC emission rates and correct for all upset conditions to obtain plausible maximum annual average emission rates, from the data obtained from the testing required by Condition 24d herein. These plausible maximum annual average emission rates shall be used in the multipathway risk assessment model, previously approved by the Department, in order to obtain both the cancer and noncancer cumulative risk values.
These revised cumulative cancer and noncancer risk values shall be less than or equal to the acceptable target levels, established by the Environmental Protection Agency, respectively, 1.00E-05 (cancer) and 2.50E-01 (noncancer) based upon current human health risk assessment guidance. Should either of the revised cumulative risk values exceed their respective acceptable target levels, the company shall within 30 days prepare and submit to the Department a compliance plan which shall address how Merck intends to bring the risk levels into compliance with the provisions of this condition.
29. Based on the outcome of the testing required by Condition 24 herein, the Department reserves the right to reestablish any operational parameter limitation, identified in Conditions 3b, 4a, 4b, 4c, 4d and 9 herein, or, if none was established in this plan approval, to establish such a parameter limitation.
30. Under section 63.1207(l)(1) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, should the results of the comprehensive test, as required by Condition 24a herein, indicate an exceedance of any of the emission limits identified in Conditions 11 or 12 herein the company must immediately cease burning waste in the incinerator identified in Condition 2a herein. The company will notify the Department of this non-compliant situation by the Notification of Compliance identified in Condition 28 herein. Wastes may then only be burned in the incinerator for the purposes of retesting to verify compliance and may not exceed 720 hours in total. The company can request an extension of this limit should more time be needed for testing purposes.
31. Under section 63.1203(e) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants and the best available technology provisions of §§ 127.1 and 127.12, the company shall initiate a leak detection and repair (LDAR) program to minimize fugitive organic emissions from any source identified in Condition 2 herein that has the potential to generate fugitive organic emissions.
32. Merck shall maintain comprehensive, accurate records of the following:
a. The volume of natural gas burned in the incinerator on a monthly basis.
b. The volume of No. 2 fuel oil burned in the incinerator on a monthly basis.
c. Date and time any tank trucks are unloaded to the hazardous waste storage tanks and the origination of the wastes contained in the tank trucks.
d. Date and time any tank trucks receive hazardous waste from any of the storage tanks, the reason the hazardous waste was transferred to the trucks (as opposed to burning said wastes in the incinerator), and the gallons of hazardous waste transferred to the trucks on a monthly basis.
e. All readings and average readings obtained from all continuous monitoring systems identified in Conditions 3d, 4a, 4b, 4c, 4d, 9 and 10 herein.
f. Total hours per calendar year that the air contaminant emissions from any of the hazardous waste storage tanks identified in Conditions 2b and 2c herein are not vented to the hazardous waste incinerator and total hours that said emissions are vented to the incinerator but any component of the incinerator's air cleaning system, as identified in Condition 4 herein, is not operating in compliance with all applicable plan approval conditions and Department rules and regulations.
g. The volume of aqueous wastes burned in the incinerator on an hourly basis.
h. The volume of Avermectin solvent wastes burned in the incinerator on an hourly basis.
i. The volume of solvent wastes burned in the incinerator on an hourly basis.
j. The volume of sludge wastes burned in the incinerator on an hourly basis.
k. The date, time and duration of any instance where the AWFCO system, as identified in Condition 15 herein, was initiated, the cause for the initiation, and the procedures performed to resolve the cause of the initiation.
l. A list of all persons that have been trained and certified by the training and certification program required by Condition 16 herein.
m. A copy of the operation and maintenance plan required by Condition 17 herein.
n. All information needed to demonstrate compliance with the LDAR program identified in Condition 31 herein.
o. Dates, times and results of all recalibration checks of all monitoring equipment as is required by Conditions 15 and 20 herein.
The company shall maintain these records onsite for at least 5 years and shall make these records available to the Department upon request.
33. The four storage tanks identified in Condition 2b herein are subject to Subpart Kb of the Federal Standards of Performance for New Stationary Sources, 40 CFR 60.110b--60.117b. The company shall comply with all applicable requirements of this subpart as well as any other applicable Subpart of the Standards of Performance, including any recordkeeping and reporting requirements. Under 40 CFR 60.4 of the Standards of Performance, the submission of all requests, reports, applications, submittals and other communications required by the Standards of Performance must be made to both the Department of Environmental Protection and the Environmental Protection Agency. The Environmental Protection Agency copies may be sent to United States EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.
34. The incinerator identified in Condition 2a herein is subject to Subpart E (National Emissions Standard for Mercury) of the National Emission Standards for Hazardous Air Pollutants, 40 CFR 61.50--61.56. Under section 61.53(d) of Subpart E the company must, within 90 days of startup of the incinerator, conduct mercury emissions testing on said incinerator. Under section 61.54 of Subpart E the company may, in lieu of mercury emissions testing of the incinerator, conduct sludge testing within 90 days of startup of the incinerator. The company can request of the Department a deferment of this testing beyond the 90 days.
35. On an annual basis for the 2 years subsequent to the initial compliance performance test, the company shall conduct testing for any of the COPCs identified in Table 1 herein which resulted in significant risk as determined by the initial compliance performance test. This compliance testing shall be conducted at normal operating conditions and shall provide the data needed to calculate plausible maximum annual average COPC emission rates for primary risk contributors. At least 60 days prior to any annual tests, the company shall submit a pretest protocol to the Department, which shall address the testing procedures and analytical methods to be used. Within 90 days after completion of the annual tests, the company shall submit revised cancer and noncancer risk values and all supporting documentation. These revised cancer and noncancer risk values shall be calculated as follows. The company shall calculate average COPC emission rates and correct for all upset conditions to obtain plausible maximum annual average emission rates, from the data obtained from the testing required by this condition. Any nondetects from analytical testing will be treated in accordance with Department policy. These plausible maximum annual average emission rates shall then be averaged along with all previous plausible maximum annual average emission rates and shall then be used in the multipathway risk assessment model, previously approved by the Department, to obtain both cancer and noncancer risk values. These average values shall be less than or equal to the acceptable target levels, established by the Environmental Protection Agency, respectively, 1.00E-05 (cancer) and 2.50E-01 (noncancer). Should either of the revised average risk values exceed their respective acceptable target levels, the company shall within 30 days prepare and submit to the Department a compliance plan which will address how Merck intends to bring the average risk levels into compliance with the provisions of this condition.
36. The Department reserves the right to determine the frequency of compliance testing, and alter the COPC list, based on the data gathered from previous testing.
37. Under section 63.1207(d) of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants and the best available technology provisions of §§ 127.1 and 127.12, the company shall conduct all necessary retests in conformance with the deadlines specified in Subpart EEE.
In accordance with the best available technology provisions of §§ 127.1 and 127.12 the company shall test for sulfur oxides and volatile organic compounds in accordance with the retest schedule for the comprehensive performance test identified in section 32.1207(d)(1) of Subpart EEE.
Additionally, dependent upon the source testing results, the Department reserves the right to increase the frequency of retest for any air contaminant including any air contaminant not regulated by Subpart EEE of the National Emission Standards for Hazardous Air Pollutants.
38. The company is responsible for complying with all applicable provisions of Subpart EEE of the National Emission Standards for Hazardous Air Pollutants, 40 CFR 63.1200--63.1213, including any provisions not specifically identified herein.
39. Issuance of an operating permit for the aforementioned sources is contingent upon the sources being constructed, the air cleaning devices being installed, and the sources and associated air cleaning devices being maintained and operated, as described in the application and supplemental materials submitted for plan approval, as well as in accordance with all conditions contained herein, and upon satisfactory demonstration that any air contaminants emitted from the sources are in compliance with the requirements specified herein and with the requirements specified in 25 Pa. Code §§ 123.1, 123.12, 123.21, 123.31 and 123.41, as well as in compliance with the requirements specified in, or established under, any other applicable rule or regulation contained in Article III, and in compliance with the requirements specified in 40 CFR 60.110b--60.117b (Subpart Kb) of the Federal Standards of Performance for New Stationary Sources, 40 CFR 63.1200--63.1213 (Subpart EEE) of the National Emission Standards for Hazardous Air Pollutants, and 40 CFR 61.50--61.56 (Subpart E) of the National Emission Standards for Hazardous Air Pollutants.
40. The company shall immediately notify the Department of any malfunction of the sources or associated air cleaning devices which results in, or may possibly be resulting in, the emission of air contaminants in excess of the limitations specified in, or established under, any applicable rule or regulation contained in 25 Pa. Code Article III or in excess of the limitations specified in any condition contained herein or which otherwise results in, or may possibly be resulting in, noncompliance with the requirements specified in any condition contained herein, or in excess of the limitations specified in 40 CFR 60.110b--60.117b (Subpart Kb) of the Federal Standards of Performance for New Stationary Sources, 40 CFR 63.1200--63.1213 (Subpart EEE) of the National Emission Standards for Hazardous Air Pollutants, or 40 CFR 61.50--61.56 (Subpart E) of the National Emission Standards for Hazardous Air Pollutants.
41. This plan approval authorizes temporary operation of the hazardous waste incinerator and its ancillary equipment for a period of up to 180 days.
In accordance with § 127.45, the proposed plan approval conditions do one or more of the following:
1. Identify the air contamination sources and location.
2. Establish allowable emission rates.
3. Establish monitoring, recordkeeping, testing and reporting requirements.
4. Ensure proper operation and adequate maintenance.
A copy of the application and the Department's analysis are available for public inspection during normal business hours at the address listed.
Persons wishing to protest the issuance of this plan approval or provide the Department with additional information, which he/she believes should be considered prior to the issuance of the plan approval, may submit the protest or information to the Department at the address listed below. Each written protest or comment should include the following: name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval #49-331-001, and a concise statement regarding the relevancy of the information or any objections to the issuance of the plan approval.
A public hearing may be held if the Department, in its discretion, decides that a hearing is warranted based on the information received. All persons protesting the issuance of plan approval, submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in a newspaper of general circulation in Northumberland County, or by publication in the Pennsylvania Bulletin, or by telephone, where the Department determines notification by telephone is sufficient. All protests, comments and requests must be received by the Department no later than 30 days after publication of this notice.
Written protests, comments or requests for a public hearing should be directed to David W. Aldenderfer, Regional Air Quality Program Manager, Department of Environmental Protection, Northcentral Region, 208 West 3rd Street, Suite 101, Williamsport, PA 17701-6448, (570) 327-3745.
For additional information regarding the Department's analysis of the plan approval application, contact John Twardowski, Air Pollution Control Engineer, Air Quality Program, 208 West 3rd Street, Suite 101, Williamsport, PA 17701-6448, (570) 327-3745.
MINING
APPLICATIONS TO CONDUCT COAL AND NONCOAL ACTIVITIES Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). Mining activity permits issued in response to the applications will also address the applicable permitting requirements of the following statutes: the Air Pollution Control Act (35 P. S. §§ 4001--4015); the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27); and the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection (Department). A copy of the application is available for inspection at the District mining office indicated above each application. Where a 401 water quality certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for the certification.
Written comments or objections, or requests for informal conferences on applications, may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the same address within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121--77.123 and 86.31--86.34 (relating to public notices of filing of permit applications, opportunity for comment, and informal conferences).
Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. These NPDES permits will contain, at a minimum, technology-based effluent limitations (as described in the Department's regulations--25 Pa. Code §§ 77.522, 87.102, 88.92, 88.187, 88.242, 89.52 and 90.102) for iron, manganese, suspended solids, settleable solids, alkalinity and pH. In addition, more restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit when necessary for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies which have requested review of the NPDES permit requirements for a particular mining activity within the above-mentioned public comment period will be provided with a 30-day period to review and submit comments on those requirements.
Written comments or objections should contain the name, address and telephone number of persons submitting comments or objections; application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based. Requests for an informal conference must contain the name, address and telephone number of requestor; application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.
Greensburg District Office, R. R. 2, Box 603-C, Greensburg, PA 15601.
Coal Applications Received
26850107. Oak Run Coal, Inc. (P. O. Box 576, Uniontown, PA 15401). Renewal application received for continued reclamation of a bituminous surface mine located in Georges Township, Fayette County, affecting 124.7 acres. Receiving streams: Muddy Run to Georges Creek. Renewal application received: July 12, 2000.
26900110. Robert Sperko (208 Plummer Road, McClellandtown, PA 15458). Renewal application received for continued reclamation of a bituminous surface mine located in German Township, Fayette County, affecting 90.0 acres. Receiving streams: Browns Run and its unnamed tributaries. Renewal application received: July 18, 2000.
Knox District Office, P. O. Box 669, Knox, PA 16232.
10930105. Rosebud Mining Company (R. D. 9, Box 379A, Kittanning, PA 16201). Revision to an existing bituminous surface strip and auger operation in Bruin Borough and Parker Township affecting 289.4 acres. Receiving streams: Bear Creek, South Branch Creek and Unnamed Tributaries of South Branch. Revision to include a post mining landuse change from forestland to unmanaged natural habitat. Application received July 19, 2000.
37840104. The Ambrosia Coal and Construction Co. (R. D. 1, Edinburg, PA 16116). Renewal of an existing bituminous surface strip, auger and tipple refuse disposal operation in North Beaver Township, Lawrence County, affecting 400.0 acres. Receiving streams: Three unnamed tributaries to Hickory Run. Application for reclamation only. Application received: July 19, 2000.
Ebensburg District Office, 437 South Center Street, P. O. Box 625, Ebensburg, PA 15931-0625.
11900101. Permit Renewal, Cooney Brothers Coal Company (P. O. Box 246, Cresson, PA 16630), for continued operation of a bituminous surface-auger mine in Adams and Summerhill Townships, Cambria County, affecting 180.0 acres, receiving stream an unnamed tributary to the South Fork of the Little Conemaugh River, application received July 13, 2000.
56990102. Permit Transfer from Duppstadt Coal to Duppstadt Coal (2835 Stutzmantown Road, Somerset, PA 15501), for continued operation of a bituminous surface mine in Elk Lick Township, Somerset County, affecting 87.8 acres, receiving stream Tub Mill Run, unnamed tributaries to Tub Mill Run, and unnamed tributaries to Casselman River, application received July 14, 2000.
56890111. Permit Transfer from Duppstadt Coal to Duppstadt Coal (2835 Stutzmantown Road, Somerset, PA 15501), for continued operation of a bituminous surface mine in Elk Lick Township, Somerset County, affecting 70.8 acres, receiving stream Tub Mill Run and unnamed tributaries to Laurel Run, application received July 14, 2000.
McMurray District Office, 3913 Washington Road, McMurray, PA 15317.
56733702. MF Land Co., Inc. (P. O. Box 68, Boswell, PA 15531), to renew the permit for the Warnick Refuse Site in Jenner Township, Somerset County to renew the existing permit for reclamation only, no additional discharges. Application received May 25, 2000.
03971301. DLR Mining, Inc. (3065 Airport Road, Indiana, PA 15701), to revise the permit for the Ridge Mine in South Bend Township, Armstrong County to revise the existing permit and add 145 underground acres and 120 acres to the subsidence control boundary, no additional discharges. Application received June 8, 2000.
32841312. Keystone Coal Mining Corp. (P. O. Box 219, Shelocta, PA 15774), to revise the permit for the Urling No. 1 Mine in Washington Township, Indiana County to revise the existing permit to change the land use at Mudlick Portal Area to warehousing and industrial and revise the reclamation plan, no additional discharges. Application received June 9, 2000.
63743702. Eighty Four Mining Co. (P. O. Box 284, Eighty Four, PA 15330), to renew the permit for the Mine No. 84 Refuse Disposal Area in Somerset Township, Washington County, for renewal no additional discharges. Application received June 27, 2000.
30743711. RAG Cumberland Resources, L. P. (P. O. Box 1020, Waynesburg, PA 15370), to renew the permit for the Cumberland Coal Refuse Disposal in Whiteley Township, Greene County, for renewal, no additional discharges. Application received June 29, 2000.
Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.
Noncoal Applications Received
7975SM1A1C4. Haines & Kibblehouse, Inc. (P. O. Box 196, Skippack, PA 19474), correction to an existing quarry operation in Hilltown Township, Bucks County for a stream variance to Morris Run. Application received July 17, 2000.
Greensburg District Office, R. R. 2, Box 603-C, Greensburg, PA 15601.
26840301. Norman Thomson (P. O. Box 10, Lemont Furnace, PA 15456). NPDES renewal application received for a coke oven ash large noncoal permit located in North Union Township, Fayette County. Receiving streams: unnamed tributary to Cove Run to Redstone Creek to the Monongahela River. NPDES renewal application received: July 19, 2000.
BUREAU OF DEEP MINE SAFETY
Rosebud Mining Company; Tracey Lynne Mine The Bureau of Deep Mine Safety has received a request for variance from the Rosebud Mining Company. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
The Department is publishing a summary of the request to solicit comments from affected parties on the proposed variance request. Comments may be used by the Bureau to assist in its investigation of the variance request. Comments will be accepted for 30 days following the publication of this notice. All comments should be addressed to Richard E. Stickler, Director, Bureau of Deep Mine Safety, Fayette County Health Center, 100 New Salem Road, Room 167, Uniontown, PA 15401.
Section 702 of the Bituminous Coal Mine Act (act) (52 P. S. §§ 701 and 702) provides a mechanism for operators to obtain variances from specific requirements of the act to accommodate the adoption of new machinery, equipment, tools, supplies, methods or processes.
Section 242(c) states that where belt conveyors are installed, main stoppings and regulators shall be so arranged as to reduce the quantity of air traveling in the belt conveyor entry to a minimum for effective ventilation and to provide an intake air split as an escapeway from the face area to the main air current.
Summary of the request: Rosebud Mining Company requests a variance to use point carbon monoxide early warning fire detection system and entries in common with the belt conveyor entry in short term panels at the Tracy Lynne Mine.
Rosebud Mining Company; Dutch Run Mine The Bureau of Deep Mine Safety has received a request for variance from the Rosebud Mining Company. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.
The Department is publishing a summary of the request to solicit comments from affected parties on the proposed variance request. Comments may be used by the Bureau to assist in its investigation of the variance request. Comments will be accepted for 30 days following the publication of this notice. All comments should be addressed to Richard E. Stickler, Director, Bureau of Deep Mine Safety, Fayette County Health Center, 100 New Salem Road, Room 167, Uniontown, PA 15401.
Section 702 of the Bituminous Coal Mine Act (act) (52 P. S. §§ 701 and 702) provides a mechanism for operators to obtain variances from specific requirements of the act to accommodate the adoption of new machinery, equipment, tools, supplies, methods or processes.
Section 242(c) states that where belt conveyors are installed, main stoppings and regulators shall be so arranged as to reduce the quantity of air traveling in the belt conveyor entry to a minimum for effective ventilation and to provide an intake air split as an escapeway from the face area to the main air current.
Summary of the request: Rosebud Mining Company requests a variance to use point carbon monoxide early warning fire detection system and entries in common with the belt conveyor entry in short term panels at the Dutch Run Mine.
APPLICATIONS RECEIVED UNDER SECTION 401: FEDERAL WATER POLLUTION CONTROL ACT
ENCROACHMENTS The following Dam Safety and Encroachment permit applications, requests for Environmental Assessment approval and requests for water quality certification have been received by the Department of Environmental Protection (Department). Section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)) requires the State to certify that the involved projects will not violate the applicable provisions of 33 U.S.C.A. §§ 1311--1313, 1316 and 1317, as well as relevant State requirements. Initial requests for 401 certification will be published concurrently with the permit application. Persons objecting to approval of a request for certification under section 401 or to the issuance of a Dam Safety or Encroachment Permit or the approval of Environmental Assessments must submit any comments, suggestions or objections within 30 days of the date of this notice as well as any questions to the office noted above the application.
Applications received under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and requests for certification under section 401 of the Federal Water Pollution Control Act.
Southcentral Regional Office: Section Chief, Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707.
E01-215. Encroachment. Richard Seifert, 1450 Hunterstown/Hampden Road, New Oxford, PA 17350. To grade the right bank within the 100-year floodway of Plum Creek (WWF) to construct and maintain a parking lot associated with the development of McSherrystown West II housing development located immediately downstream of PA 116 Bridge (McSherrystown, PA Quadrangle N: 9.0 inches; W: 4.0 inches) in McSherrystown Borough, Adams County.
E05-287. Encroachment. PennDot 9-0, 1620 Juniata Street, Hollidaysburg, PA 16648. To (1) remove an existing bridge and to construct and maintain a bridge having a span of 47.6 feet and an underclearance of 16.7 feet across the channel of Snake Spring Valley Run at a point at Route 30 (Everett West, PA Quadrangle N: 3.2 inches; W: 3.7 inches); (2) relocate approximately 575 feet of channel to stabilize the bank; (3) replace a stream enclosure in and along the channel of a tributary to the Raystown Branch Juniata River at a point at Route 30 (Everett West, PA Quadrangle N: 4.6 inches; W: 9.1 inches); and (4) impact 0.133 acre of wetlands in Snake Spring Valley Township, Bedford County.
E44-102. Encroachment. Mifflin County School District, East Derry Elementary School, 201 Eighth Street, Highland Park, Lewistown, PA 17044. To construct 375 feet of stream channel relocation of an unnamed tributary to Jacks Creek (TSF) as part of the proposed construction of a 16,700 square foot addition to the existing East Derry Elementary School and to construct flood control earthen berms along nonrelocated portion of the unnamed tributary to Jacks Creek to protect downstream residential structures and the proposed addition to the school building located on the south side of Back Maitland Road (SR 2004) about 0.3 mile east of its intersection with SR 2001 (Alfarata, PA Quadrangle N: 1.0 inch; W: 17.1 inches) in Derry Township, Mifflin County.
E67-688. Encroachment. Kinard Trucking, Inc., 310 N. Zarfoss, York, PA 17404. To realign 1,400 linear feet of an unnamed tributary to the Codorus Creek within a rock lined trapezoidal channel and to construct two rail-line crossing using a series of four 2-foot diameter pipes at each crossing of the channel located along the York railroad line between North Zarfoss Road and east side of SR 30. The project is for the proposed 138,600 SF additional expansion of the Kinard Trucking Warehouse building (West York, PA Quadrangle N: 11.8 inches; W: 6.7 inches) in West Manchester Township, York County.
Northcentral Region: Water Management, Soils and Waterways Section, F. Alan Sever, Chief, 208 West Third St., Suite 101, Williamsport, PA 17701.
E14-377. Encroachment. Aaronsburg Water Pipes Inc., P. O. Box 234, Aaronsburg, PA 16820. To construct and maintain a 289.6 linear foot diversion channel comprised of: (1) two 149.2-foot long 36-inch diameter HDPE pipes for a stream enclosure with its associated (a) concrete end walls; (b) 15-inch and 36-inch diameter stormwater outlets inside the enclosure, and (c) a total of 140.8 linear feet of gabion basket and gabion mattress lining as inlet and outlet protection for the enclosure; (2) to divert the stream flow into the new channel; (3) to fill in 210 linear feet of an existing channel with clean earthen fill and then (4) to construct and maintain a 28-foot by 28-foot 1-inch filtration building with its associated 36-foot diameter water storage tank in the floodway of an intermittent unnamed tributary of Elk Creek located 0.9 mile north from the intersection of East Street and S. R. 45 (Millheim, PA Quadrangle N: 6.7 inches; W: 10.3 inches) in Haines Township, Centre County. This project proposes to permanently impact 210 linear feet of an unnamed tributary, which is classified as an Exceptional Value watershed.
E17-348. Encroachment. Pennsylvania Department of Transportation, Engineering District 2-0, 1924-30 Daisy Street, Clearfield, PA 16830. To remove an existing structure and to construct, operate and maintain a single cell box culvert to carry SR 0729, Segment-Offset 0060/0474 across an unnamed tributary to Muddy Run: a cold water fishery. The public road crossing shall be constructed with a pre-cast reinforced concrete box culvert that will have a span of 10-feet, rise of 4.25-feet, depression of 0.50-feet, and skew of 75 degrees. The project will not impact wetlands while impacting 50-feet waterway. The project is located along SR 0792 approximately 2,229-feet north of T-536 SR 0729 intersection (Ramey, PA Quadrangle, N: 3.6 inches; W: 10.1 inches) in Beccaria Township, Clearfield County.
Southwest Regional Office: Soils and Waterways Section, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E02-1312. Encroachment. Township of O'Hara, 325 Fox Chapel Road, Pittsburgh, PA 15238. To relocate and maintain approximately 240 feet of the channel of Seitz Run (Unnamed tributary to the Allegheny River) (WWF) for the purpose of preventing bank erosion and to restore the stream to its original alignment located along and on the east side of Lower Street, approximately 1,000 feet north from the intersection of Lower Street and Kittanning Pike (Glenshaw, PA Quadrangle N: 0.5 inch; W: 7.1 inches) in O'Hara Township, Allegheny County.
E63-495. Encroachment. Kevin W. Smith, 103 Fairway Drive, McMurray, PA 15317. To reline, extend, operate and maintain the existing culvert in an unnamed tributary to Brush Run for the purpose of correcting an erosion problem on applicant's property located on the north side of East McMurray Road, approximately 3,200 feet east from the intersection of East McMurray Road and Center Church Road (Bridgeville, PA Quadrangle N: 4.5 inches; W: 13.5 inches) in Peters Township, Washington County.
Northwest Regional Office: Soils and Waterways Section, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942.
E33-199. Encroachment. Jefferson County Commissioners, Jefferson Place, 155 Main Street, Brookville, PA 15825. To remove the existing County Bridge No. 15 and to construct and maintain a prestressed concrete adjacent box beam bridge having a clear, normal span of 15.25 meters and a minimum underclearance of 2.77 meters across Stump Creek within the U. S. Army Corps of Engineer Sykesville Flood Protection Project on Station Street approximately 220 meters south of SR 119 (West Main Street) (DuBois, PA Quadrangle N: 9.1 inches; W: 9.4 inches) in Sykesville Borough, Jefferson County.
ENVIRONMENTAL ASSESSMENT
The following Environmental Assessment and request for Water Quality Certification is being processed under sections 105.12(a)(16) and 105.15(b), restoration activities undertaken and conducted under a restoration plan approved by the Department.
Central Office: Bureau of Waterways Engineering, 400 Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, (717) 787-8568.
D45-008EA. Environmental Assessment. PA Game Commission (2001 Elmerton Ave., Harrisburg, PA 17110-9797). To breach and remove Bradys Lake Dam across Trout Creek (HQ-CWF) for the purpose of restoring the stream to a free flowing condition. The dam is located on State Game Lands No. 127 (Thornhurst, PA Quadrangle N: 6.8 inches; W: 4.2 inches).
ACTIONS
FINAL ACTIONS TAKEN UNDER THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT
[National Pollution Discharge Elimination System Program (NPDES)]
DISCHARGE OF CONTROLLED INDUSTRIAL WASTE AND SEWERAGE WASTEWATER
(Part I Permits) The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications and requests for plan approval and has issued the following significant orders.
Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), 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 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 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.
Actions under The Clean Streams Law (35 P. S. §§ 691.1--691.1001).
Southeast Regional Office: Regional Manager, Water Management, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, (610) 832-6130.
NPDES PA0057924. Sewage. Joyfor Joint Venture, 1604 Walnut Street, Philadelphia, PA 19103. This notice provides additional information to the notice published in the February 5, 2000, Pennsylvania Bulletin: The first downstream potable water supply intake considered during the evaluation is the Philadelphia Suburban Water Company's Crum Creek Water Filtration Plant. The water filtration plant is located approximately 7.8 miles downstream of the proposed discharge point. The discharge is not expected to impact any potable water supply.
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