NOTICES
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Applications, Actions and Special Notices
APPLICATIONS
[30 Pa.B. 1144]
APPLICATIONS RECEIVED 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 following parties have applied for an NPDES permit to discharge controlled wastewaters into the surface waters of this Commonwealth. Unless otherwise indicated on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection (Department) proposes to issue a permit to discharge, subject to certain effluent limitations and special conditions. These proposed determinations are tentative.
Where indicated, the EPA, Region III, Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.6E.
Persons wishing to comment on the proposed permit are invited to submit a statement to the office noted above the application within 30 days from the date of this public notice. Comments received within this 30-day comment period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held if the responsible office considers the public response significant.
Following the 30-day comment period, the Water Management Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.
The application and related documents, proposed effluent limitations and special conditions, comments received, and other information are on file and may be inspected and arrangements made for copying at the office indicated above the application.
Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceeding should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications for National Pollutant Discharge Elimination System (NPDES) permit to discharge to State waters.
Northeast Region: Environmental Protection Manager, Water Management, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2553.
PA 0061981. Industrial waste, SIC: 2013, Troutman Bros., Inc., P. O. Box 73, Klingerstown, PA 17941.
This proposed action is for renewal of an NPDES permit to discharge treated process wastewater into an unnamed Tributary to Pine Creek in Upper Mahantango Township, Schuylkill County.
The receiving stream is classified for the following uses: cold water fishery, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is Dauphin Water Supply on the Susquehanna River.
The proposed effluent limits for Outfall 001 based on a design flow of 0.0013 mgd are:
Monthly Daily Instantaneous Parameter Average (mg/l) Maximum (mg/l) Maximum (mg/l) CBOD5 25.0 50.0 60.0 Total Suspended Solids 30.0 60.0 75.0 NH3-N (5-1 to 10-31) 8.0 16.0 20.0 Dissolved Oxygen minimum of 5.0 mg/l at all times Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average Oil and Grease 15.0 pH 6.0 to 9.0 standard units at all times The EPA waiver is in effect.
PA 0064033. Sewerage, Pusti Margiya Vashnav Samaj of North America, 347 Highway 35, Eatontown, NJ 07724.
This proposed action is for issuance of an NPDES permit to discharge treated sewage into an unnamed tributary to Lower Little Swatara Creek in Wayne Township, Schuylkill County.
The receiving stream is classified for the following uses: cold water fishery, aquatic life, water supply and recreation.
The proposed effluent limits for Outfall 001 based on a design flow of .075 mgd are:
Monthly Instantaneous Parameter Average (mg/l) Maximum (mg/l) CBOD5 25.0 50.0 Total Suspended Solids 30.0 60.0 NH3-N (5-1 to 10-31) 3.50 7.0 (11-1 to 4-30) 10.50 21.0 Phosphorous as ''P'' (4-1 to 10-31) 2.0 4.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean pH 6.0 to 9.0 standard units at all times Total Residual Chlorine 0.30 0.70 The EPA waiver is in effect.
Southcentral Regional Office: Regional Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707.PA 0043257, Amendment No. 1. SIC: 4952, Sewage, New Freedom Borough Authority, 150 East Main Street, New Freedom, PA 17349.
This application is for renewal of an NPDES permit for an existing discharge of treated sewage to South Branch Codorus Creek, in Railroad Borough, York County.
The receiving stream is classified for warm water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was York Water Company located in York Township. The discharge is not expected to impact any potable water supply.
The proposed effluent limits for Outfall 001 for a design flow of 2.3 mgd are:
Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l) CBOD5 25 40 50 Total Suspended Solids 30 45 60 NH3-N (5-1 to 10-31) 1.0 XXX 2.0 (11-1 to 4-30) 3.0 XXX 6.0 Total Phosphorus 2.0 XXX 4.0 Total Residual Chlorine 0.31 XXX 0.84 Dissolved Oxygen minimum of 5.0 at all times pH from 6.0 to 9.0 inclusive Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average The EPA waiver is not in effect.
PA 0082368. SIC: 4952, Sewage, Abbottstown-Paradise Joint Sewer Authority, P. O. Box 401, Abbottstown, PA 17301.
This application is for renewal of an NPDES permit for an existing discharge of treated sewage to Beaver Creek, in Hamilton Township, Adams County.
The receiving stream is classified for warm water fishery, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was the Wrightsville Water Supply Co. intake located in Wrightsville, York County. The discharge is not expected to impact any potable water supply.
The proposed effluent limits for Outfall 001 for a design flow of 0.21 mgd are:
Average Average Maximum Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l) CBOD5 (5-1 to 10-31) 20 30 XXX 40 (11-1 to 4-30) 25 40 XXX 50 Total Suspended Solids 30 45 XXX 60 NH3-N (5-1 to 10-31) 2.5 XXX XXX 5.0 (11-1 to 4-30) 7.5 XXX XXX 15 Total Phosphorus 2.0 XXX XXX 4.0 Total Residual Chlorine monitor if chlorine is used Dissolved Oxygen minimum of 5.0 at all times pH from 6.0 to 9.0 inclusive Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average Total Copper XXX XXX monitor and report XXX Total Lead XXX XXX monitor and report XXX Person may make an appointment to review the DEP files on this case by calling Mary DiSanto, File Review Coordinator, at (717) 705-4732.
The EPA waiver is in effect.
PA 0008869. SIC: 2621, Industrial waste, P. H. Glatfelter Company, 228 South Main Street, Spring Grove, PA 17362-0500.
This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to Codorus Creek in Spring Grove Borough, York County.
The receiving stream is classified for warm water fishes, recreation and water supply. The discharge is not expected to impact any potable water supply.
A. Outfall 001 receives wastewater from production of pulp and paper by bleach kraft process and from secondary treated municipal wastewater.
Discharge Limitations
Mass Units (lbs/day) Concentrations (mg/l) Discharge Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) Report Report XXX XXX XXX pH XXX XXX 6.0 to 9.0 standard units at all times D.O. (Minimum) XXX XXX 5 mg/l at all times BOD5 (5-1 to 10-31) 1,168 2,335 14 25 25 (11-1 to 4-30) 1,751 3,503 17 34 38 Total Suspended Solids 3,000 11,266 30 95 118 NH3-N (5-1 to 10-31) XXX XXX 1.5 3.0 3.8 (11-1 to 4-30) XXX XXX 2.0 4.0 5.0 Color (PCU) (Filter Plant Intake) XXX XXX monitor monitor XXX Color (Influent) XXX XXX monitor monitor XXX Color (PCU) (Effluent) (5-1 to 10-31) XXX XXX 90 180 225 (11-1 to 4-30) XXX XXX 80 160 200 Color (PCU) (Downstream) XXX XXX monitor monitor monitor AOX (until 4/15/04) XXX XXX monitor monitor XXX (after 4/15/04) 336 812 monitor monitor XXX Temperature °F monitor (Effluent) XXX XXX avg. wkly. monitor XXX (Bair Bridge) XXX XXX avg. wkly. monitor XXX COD (Influent) XXX XXX monitor monitor XXX (Effluent) XXX XXX monitor monitor XXX Chloroform XXX XXX 0.02 0.04 0.05 Total Phosphorus XXX XXX XXX 2.0 XXX Dioxin 2,3,7,8-TCDD XXX XX XXX 3.5 x 10-2 pg/l XXX Furan 2,3,7,8-TCDF XXX XXX XXX monitor XXX Aldrin XXX XXX XXX monitor XXX 4.4` DDE XXX XXX XXX monitor XXX WETT XXX XXX XXX monitor XXX Note: Chapter 93, Water Quality Standards, is currently under review. The water quality criteria for Color for the Codorus Creek is recommended for change from 50 PCU to 75 PCU. If this change is approved, the Effluent Limitations for Color will become:
Discharge Limitations
Mass Units (lbs/day) Concentrations (mg/l) Discharge Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Color (PCU) (5-1 to 10-31) XXX XXX 140 280 350 (1-1 to 4-30) XXX XXX 123 246 307 B. Outfall 002 receives wastewater from noncontact cooling water
Discharge Limitations
Mass Units (lbs/day) Concentrations (mg/l) Discharge Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Flow (mgd) report report XXX XXX XXX Temperature °F monitor (Upstream) XXX XXX avg. wkly. monitor XXX (Effluent) XXX XXX monitor
avg. wkly.monitor XXX (Filter Plant Intake) XXX XXX avg. wkly. monitor XXX pH XXX XXX 6.0 to 9.0 Standard Units at all times BOD5 XXX XXX XXX monitor XXX Total Suspended Solids XXX XXX XXX monitor XXX Streamflow at Gage 21.3 min monitor and report (cfr) (5-1 to 10-31) 7-day avg. minimum daily XXX XXX XXX 15.8 min monitor and report (cfs) (11-1 to 4-30) 7-day avg. minimum daily XXX XXX XXX C. MP 101, Internal Monitoring Point--Bleach Plant Effluent--Softwood
Discharge Limitations
Mass Units (lbs/day) Concentrations (mg/l) Discharge Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum 20 Kappa Number XXX XXX Annual Avg. monitor XXX Color (PCU) XXX XXX monitor monitor XXX Chloroform (Before 4/15/04) 7.08 11.82 monitor monitor XXX (After 4/15/04) 2.48 4.15 monitor monitor XXX Flow (mgd) monitor monitor XXX XXX XXX 2,3,7,8-TCDD XXX XXX XXX <ML XXX 2,3,7,8-TCDF XXX XXX XXX 31.9 pg/l XXX Trichlorosyringol XXX XXX XXX <ML XXX 3,4,5-trichlorocatechol XXX XXX XXX <ML XXX 3,4,6-trichlorocatechol XXX XXX XXX <ML XXX Tetrachlorocatechol XXX XXX XXX <ML XXX 3,4,5-trichloroguisiacol XXX XXX XXX <ML XXX 3,4,6-trichloroguaiscol XXX XXX XXX <ML XXX 4,5,6-trichloroguaiscol XXX XXX XXX <ML XXX Tetrachloroguaiscol XXX XXX XXX <ML XXX 2,4,5-trichlorophenol XXX XXX XXX <ML XXX 2,4,6-trichlorophenol XXX XXX XXX <ML XXX 2,3,4,6-tetrachlorophenol XXX XXX XXX <ML XXX Pentachlorophenol XXX XXX XXX <ML XXX D. MP 102, Internal Monitoring Point--Bleach Plant Effluent--Hardwood
Discharge Limitations
Mass Units (lbs/day) Concentrations (mg/l) Discharge Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum Kappa Number 17 (Before 4/15/04) XXX XXX annual avg. monitor XXX 13 (After 4/15/04) XXX XXX annual avg. monitor XXX Color (PCU) XXX XXX monitor monitor XXX Chloroform (Before 4/15/04) 8.04 13.40 monitor monitor XXX (After 4/15/04) 3.31 5.54 monitor monitor XXX Flow (mgd) monitor monitor XXX XXX XXX 2,3,7,8-TCDD XXX XXX XXX <ML XXX 2,3,7,8-TCDF XXX XXX XXX 31.9 pg/l XXX Trichlorosyringol XXX XXX XXX <ML XXX 3,4,5-trichlorocatachol XXX XXX XXX <ML XXX 3,4,6-trichlorocatachol XXX XXX XXX <ML XXX Tetrachlorocatechol XXX XXX XXX <ML XXX 3,4,5-trichloroguaiacol XXX XXX XXX <ML XXX 3,4,6-trichloroguaiacol XXX XXX XXX <ML XXX 4,5,6-trichloroguaiacol XXX XXX XXX <ML XXX Tetrachloroguaiacol XXX XXX XXX <ML XXX 2,4,5-trichlorophenol XXX XXX XXX <ML XXX 2,4,6-trichlorophenol XXX XXX XXX <ML XXX 2,3,4,6-tetrachlorophenol XXX XXX XXX <ML XXX Pentachlorophenol XXX XXX XXX <ML XXX E. Stormwater Outfalls SW1, SW11, SW27, SW40, SW41, and SW42 shall be monitored for the following parameters:
Monitoring Requirements Discharge Composite Grab Parameter Sample (mg/l) Sample (mg/l) BOD5 monitor and report monitor and report COD monitor and report monitor and report Oil and Grease XXX monitor and report pH (S. U.) XXX monitor and report Total Suspended Solids monitor and report monitor and report Total Phosphorus monitor and report monitor and report Total Kjeldahl Nitrogen monitor and report monitor and report Total Iron monitor and report monitor and report F. In addition to the above effluent limitations, the permit requires the following:
1. Maintain winter, summer, and annual stream flows of 15.8, 21.3, and 16.4 cfs at the USGS Gaging Station.
2. Chronic Whole Effluent Toxicity Testing of Outfall 001.
3. Control of Chemical Additives to prevent environment impacts.
4. Completion of a new 316(a) Study (fish and macroinvertebrates) to demonstrate the impact of the existing heat discharges on the Codorus Creek and recommend reductions if necessary.
5. A Solids, Odor and Sediment Bioassay Study to assess impact of the discharge on the Codorus Creek.
6. Implementation of Best Management Practices to comply with the ''Cluster Rule'' and a Mass and Energy Balance Study to identify and eliminate additional sources of color.
7. Elimination of elemental chlorine bleaching by conversion of both bleach plants to chlorine dioxide substitution by April 15, 2004.
8. Construction of oxygen delignification (OD) on the hardwood line by February 15, 2004.
G. To implement the improvements required to comply with the final water quality limitations for color, a proposed Consent Adjudication and Consent Order and Agreement provides the company with a compliance schedule. The proposed document is available for public comment. The Department's Chapter 93 regulations, which govern the water quality standard for color in the Codorus Creek, are being reviewed for recommended revision. If the water quality criteria is revised to 75 pcu, the proposed document will provide the company until April 15, 2004 to comply with the color effluent limitations. If the criteria is not changed to 75 pcu and remains at 50 pcu, under the proposed document, the company will have until December 31, 2007 to comply with the final limitations.
H. To provide the public an opportunity to comment on the proposed draft permit, a public meeting is scheduled for March 7, 2000 at 7 p.m. In addition, a public hearing is scheduled for April 5, 2000 at 7 p.m. if needed to receive comments. No comments will be received after April 5, 2000. Both the meeting and hearing will be held at the North Codorus Township Community Building, R. D. 1, Box 1102, Spring Grove, PA 17362.
Persons may make an appointment to review the DEP files on this case by calling Mary DiSanto, File Review Coordinator, at (717) 705-4732.
COMMONWEALTH OF PENNSYLVANIA
ENVIRONMENTAL HEARING BOARD
In the Matter Of: EHB Docket No. P. H. Glatfelter Company : Industrial Waste 228 South Main Street : Clean Streams Law Spring Grove, PA 17362 : NPDES Permit No. PA 0008869
PROPOSED CONSENT ADJUDICATION AND
CONSENT ORDER AND AGREEMENT
CONSENT ADJUDICATION Now, this ____ day of ______ , ____ , it appearing to the Environmental Hearing Board that:
1. The parties to this Consent Adjudication and Consent Order and Agreement are the Commonwealth of Pennsylvania, Department of Environmental Protection (''Department''), and P.H. Glatfelter Co. (''PHG'') its successors and assigns. As of the date of its entry by the Board, this Consent Adjudication and Consent Order and Agreement supersedes and replaces the Amended Consent Adjudication entered by the Board on May 16, 1989 at Docket # 71-012, but without prejudice to those claims reserved to PHG in paragraph 5a hereof.
2. The parties consent to the following findings of fact and entry of this document without the taking of further testimony.
3. The settlement of this matter is in the public interest, and the entry of this document without further litigation is the most appropriate means of resolving this matter; and
4. The Environmental Hearing Board (''Board'') has jurisdiction over this matter.
Findings The Environmental Hearing Board hereby finds:
A. The Department is the agency with the duty and authority to administer and enforce The Clean Streams Law, Act of June 22, 1937, P. L. 1987, as amended, 35 P. S. § 691.1 et seq. (''Clean Streams Law''); Section 1917-A of the Administrative Code of 1929, the Act of April 9, 1929, P. L. 177, as amended, 71 P. S. § 510-17 (''Administrative Code'') and the rules and regulations promulgated thereunder, and with the delegated authority to administer a permit program, the National Pollutant Discharge Elimination System (''NPDES'') under Section 402 of the Federal Clean Water Act, 33 U.S.C. 1342.
B. PHG is a Pennsylvania Corporation with a business address of 228 South Main Street, Spring Grove, Pennsylvania 17362.
General Background Information C. PHG is a paper manufacturer which owns and operates a pulp and paper mill (''mill'') located in Spring Grove Borough, York County, Pennsylvania. PHG specializes in the manufacture of fine-quality paper products such as stationery and text books.
D. PHG manufactures paper from both hardwood and softwood. Chips and rough logs are brought to the facility where the raw materials are processed, chemically pulped, bleached and transferred to the paper-making section of the mill.
E. The type of mill which PHO operates at the Spring Grove facility utilizes a bleached kraft process. Wood chips are cooked to remove lignin from the wood using caustic chemicals and heated water. At this stage, the pulped material is called ''brownstock''. The brownstock is washed and screened to remove spent cooking chemicals and uncooked wood. On the softwood line, the brownstock is further treated with oxygen to remove more of the lignin. The hardwood and softwood brownstocks are then bleached and sent to the paper machines.
F. This production process generates a number of waste streams which are collected and conveyed to PHG's on-site wastewater treatment plant. Treated effluent is discharged to Codorus Creek, a water of the Commonwealth (''Codorus''). This discharge point is outfall 001. PHG also has a second discharge point to the Codorus, which conveys non-contact cooling water from the mill. This discharge point is outfall 002.
G. Chapter 93 of the Department's Rules and Regulations sets forth in-stream criteria for pollutant concentrations to protect the designated uses of the waters of the Commonwealth.
H. 25 Pa. Code § 93.7 establishes specific water quality criteria for waters of the Commonwealth. 25 Pa. Code § 93.9 establishes specific instream limits for color on the Codorus Creek. The water quality criteria for that portion of the Codorus Creek into which PHG discharges is 50 platinum-cobalt color units (''pcu'') as a monthly average.
Water Pollution Control History I. On August 7, 1968 and on February 25, 1969, the Sanitary Water Board (the predecessor to the Department of Environmental Resources) modified permits issued to PHG for discharge of industrial waste to the Codorus Creek. Challenges to those actions were filed with the Sanitary Water Board and with the Environmental Hearing Board upon its inception. On September 21, 1973, the Environmental Hearing Board entered a Consent Agreement. (The 1973 Consent Agreement is attached here as Exhibit No. 1 and incorporated here by reference).
J. PHG petitioned the Department for time extensions to meet the color limits. The Department granted PHG's requests.
K. On May 22, 1984, the Department renewed NPDES Permit No. PA. 0008869.
L. On March 28, 1989, PHG requested another extension of the interim in-stream color limits for its discharge.
M. Based on PHG's request for an extension, DEP and PHG requested, and on May 16, 1989, the Environmental Hearing Board entered an amended Consent Adjudication (''1989 COA''), which amended the 1973 Consent Agreement and modified its terms. (The 1989 Consent Adjudication is attached here as Exhibit No. 2 and is incorporated here by reference).
N. The 1989 COA stated that PHG had not achieved compliance with the instream color limit of 25 Pa. Code § 93.9, List O. The 1989 COA stated that PHG had demonstrated, to the Department's satisfaction, pursuant to the 1973 Consent Agreement and 25 Pa. Code § 95.4, that, at that point in time, it was not technologically possible to achieve compliance with the color limit contained in 25 Pa. Code § 93.9, List O.
O. The 1989 COA further stated that, ''Modifications to Glatfelter's Facility sufficient to meet the TRS limitations applicable to the Facility could take several forms. Coordination of those modifications with a cooperative, long-term approach to the color issue may yield improvements to Facility's color discharge otherwise unavailable and, at the same time, may yield both collateral environmental benefits, such as reductions in total transportable odor emitted from the Facility and other improvements in the quality of the Facility's wastewater discharge, and collateral economic and employment benefits to the Commonwealth.'' (Paragraph Q of 1989 COA).
P. The 1989 COA required PHG to submit annual progress reports. Since 1989, PHG has submitted annual reports to the Department.
Q. On or about June 30, 1998, PHG submitted its annual report to the Department, as required by the 1989 Consent Adjudication.
R. In 1998, the Department, through the United States Environmental Protection Agency, retained a team of consultants on the paper and pulp industry. The Department and the consultants on the paper and pulp industry reviewed the June 30, 1998 annual report, its current technology and its plans to reduce color discharge from the mill.
Summary S. New advances in technology are available to further reduce the color in PHG's effluent.
T. On April 15, 1998, EPA promulgated effluent limitation guidelines for paper and pulp mills (''Cluster Rules''). The Cluster Rules did not include effluent limitation guidelines for color. EPA has deferred to each individual state permitting agency the setting of color limits.
U. With respect to those effluent limitation guidelines which it has set, EPA established a voluntary program, called the Voluntary Advanced Technology Incentives Program, to encourage additional pollutant reduction. Under the Cluster Rules, paper and pulp mills had one year, until April 15, 1999, in which to make a decision about enrolling in the Voluntary Advanced Technology Incentives Program. Mills interested in enrolling in the program could elect to participate in Tier I, Tier II, or Tier III, with the more advanced tiers providing a greater reduction in pollutant discharge, and a longer period of time in which to achieve that reduction.
V. On April 15, 1999, PHG notified DEP that it chose to participate in Tier I of the Voluntary Advanced Technology Incentives Program. On June 29, 1999, PHG notified the Department that it intended to install new or upgraded brownstock washing and new screening on the hardwood fiber line, install oxygen delignification on the hardwood line, and install complete substitution (100 percent) of chlorine dioxide for elemental chlorine on both hardwood and pine fiber lines. These technologies will be called the ''Case 4 technologies'' in this document.
W. On August 29, 1998 the Environmental Quality Board published proposed regulations at 25 Pa. Bul. 4431 proposing numerous amendments to the Department's water quality regulation. Among the proposed amendments was the replacement of the two existing water quality criteria for color, in Chapter 93, with a single criterion of 75 pcu applicable statewide and the establishment of a site-specific requirement of 50 pcu applicable to a segment of the Codorus Creek only. On September 18, 1999 the Department published an Advanced Notice of Final Rulemaking (ANFR) soliciting comments on changes it was recommending to the proposed regulations. The ANFR recommended, inter alia, the application of the 75 pcu water quality criterion for color to all applicable streams in the Commonwealth, including the Codorus Creek.
X. On February __ , 2000, the Department issued a draft NPDES Permit Number PA 0008869 to PHG (''the 2000 NPDES permit''). That permit requires PHG to achieve, effective immediately upon issuance of the final permit, final effluent limitations at the outfall that would meet the instream water quality standard of 50 pcu for color in the Codorus Creek. In the event that the regulations governing the water quality standard for color in the Codorus Creek, set forth in 25 Pa. Code § 93, is revised to 75 pcu, the permit requires PHG to achieve, effective immediately upon issuance of the final permit, final effluent limitations at the outfall that would meet the instream water quality standard of 75 pcu for color in the Codorus Creek.
Y. On (future date, 2000), the Department issued a final NPDES permit (''hereinafter ''2000 NPDES permit''). PHG has filed an appeal before the Environmental Hearing Board concerning that permit at Docket No. _____ . PHG expressly waives any and all challenges or grounds for appeal to the 2000 NPDES permit, except for the issue of the color criterion as set forth in Paragraph 5a of this document.
Z. On July 9, 1999, the EPA paper and pulp technology team which had been reviewing PHG's plan to reduce color discharges from the mill, issued a report entitled ''Findings and Recommendations on Reducing Color Discharge.'' (These consultants will be referred to as the ''technology team'').
AA. Based on the findings of the technology team's report, it is the Department's position that reaching the final color limitations is technically achievable in accordance with the schedule set forth in Paragraph 2. (The July 9, 1999 ''Findings and Recommendations on Reducing Color Discharge'' is attached and incorporated here by reference as Exhibit No. 3. See page 11).
BB. On the basis of the technology team's recommendations, in the event that the state water quality standard for the Codorus Creek remains at 50 pcu for color, the Department has concluded that providing PHG until December 31, 2007 to comply with its color effluent limitations as set forth in the 2000 NPDES permit is reasonable. On the basis of the technology team's recommendations, in the event that the state water quality standard for color in the Codorus Creek is revised to 75 pcu, the Department has concluded that providing PHG until April 15, 2004 to comply with final effluent limitations, as set forth in the 2000 NPDES permit, is reasonable.
CC. In light of present circumstances, the Department and PHG wish to supersede the 1989 Consent Adjudication. The 2000 NPDES permit is changed only to the extent set forth in this document. At the time it publishes notice of the draft permit, the Department also will publish notice of this proposed settlement in the Pennsylvania Bulletin, containing a summary of the terms of this document. The Department will receive and consider comments relating to this proposed settlement for 30 days from publication of the notice of proposed settlement. The parties reserve the right to withdraw its consent to the proposed settlement if the comments disclose facts or considerations which indicate that this proposed settlement is inappropriate, improper, or not in the public interest. This document will take effect only upon approval and entry by the Environmental Hearing Board.
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