[33 Pa.B. 5628]
[Continued from previous Web Page]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 1
Acknowledgment of Notices of Intent to Remediate Submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).
Sections 302--305 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the Background Standard, Statewide Health Standard, the Site-Specific Standard or who intend to remediate a site as a special industrial area must file a Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one, a combination of the cleanup standards or who receives approval of a special industrial area remediation identified under the act will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period for sites proposed for remediation using a Site-Specific Standard, in whole or in part, and for sites remediated as a special industrial area. This period begins when a summary of the Notice of Intent to Remediate is published in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation to a Site-Specific Standard or as a special industrial area, the municipality, within which the site is located, may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified. During this comment period, the municipality may request that the person identified, as the remediator of the site, develop and implement a public involvement plan. Requests to be involved and comments should be directed to the remediator of the site.
For further information concerning the content of a Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional office after which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the community relations coordinator at the appropriate regional office. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.
The Department has received the following Notices of Intent to Remediate:
Southeast Region: Environmental Cleanup Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
2200 Arch Street Vacant Building, City of Philadelphia, Philadelphia County. Bruce Speidel, EBI Consultants, Inc., 6876 Susquehanna Trail South, York, PA 17403, on behalf of Paul V. Profeta, PV Profeta Associates, Inc., 2300 Chestnut St., Philadelphia, PA 19103, has submitted a Notice of Intent to Remediate soil contaminated with organics and PAH. The applicant proposes to remediate the site to meet the Statewide Health Standard. A summary of the Notice of Intent to Remediate was reported to have been published in The Philadelphia Daily News on October 23, 2003.
Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
Pennsylvania Steel/Hahn Motor Company Site, Hamburg Borough, Berks County. UAI Environmental, Inc., 6 Commerce Drive, Reading, PA 19607, on behalf of the County of Berks, 633 Court Street, 14th Floor, Reading, PA 19601 and Atchinson Casting Corporation, 200 East Richland Avenue, Myerstown, PA 17067, submitted a Notice of Intent to Remediate site soils contaminated with inorganics. The applicant proposes to remediate the site to meet the requirements of the Site-Specific Standard. A summary of the Notice of Intent to Remediate was reported to have been published in the Reading Eagle on September 12, 2003.
Wampler Residence, Susquehanna Township, Dauphin County. Skelly & Loy Engineering--Environmental Consultants, 2601 North Front Street, Harrisburg, PA 17110-1185, on behalf of Richard D. Wampler, II, 4420 Avon Drive, Harrisburg, PA 17112, submitted a Notice of Intent to Remediate site soils contaminated with no. 2 fuel oil. The applicant proposes to remediate the site to meet the Statewide Health Standard. A summary of the Notice of Intent to Remediate was reported to have been published in the Patriot-News on July 21, 2003.
RESIDUAL WASTE GENERAL PERMITS
Permit Proposed under the Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101--4000.1904) and residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.
Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.
General Permit Application No. WMGR097. The Department of Environmental Protection (Department), Bureau of Land Recycling and Waste Management (Bureau), proposes to authorize, under General Permit WMGR097, small-scale research and development (R & D) activities to support the beneficial use or processing prior to beneficial use of residual and/or municipal waste. This will be a Statewide residual waste general permit.
The Department is authorized under the Solid Waste Management Act and 25 Pa. Code § 287.611 to issue general permits for any category of beneficial use or processing that results in beneficial use of residual waste on a Statewide basis when the Department determines that the use does not harm or present a threat of harm to the health, safety or welfare of the public or the environment and the activity can be adequately regulated using standard conditions. The Department has determined small-scale R & D activities can be adequately regulated using standard conditions.
Persons requesting approval to operate under the terms of the general permit will be required to obtain a registration from the Bureau, Division of Municipal and Residual Waste. The following minimum information will be required to obtain registration:
a. Name and street address of applicant.
b. Number and title of general permit.
c. The information required in Condition 2 of the proposed permit for the initial R & D project.
d. A description of the R & D project location, including a detailed site drawing showing the permit boundary, processing equipment, placement of storage piles and other significant features.
e. For projects involving processing, a Preparedness, Prevention and Contingency Plan for the facility prepared in accordance with the most recent edition of the Department's ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans.''
f. Proof that copies of the notification have been submitted to the municipality, county, county planning agency and county health department in which the R & D activities will be conducted.
g. Proof that the R & D activities will be consistent with the general permit.
h. Signed and notarized statement by the applicant who seeks to operate under the terms and conditions of this permit that states that the person accepts all conditions of this general permit.
i. A application fee in the amount specified in the residual waste regulations, payable to the ''Commonwealth of Pennsylvania.''
j. Information that identifies the applicant (that is, individual, corporation, partnership, government agency, association, and the like), including the names and addresses of every officer that has a beneficial interest in or otherwise controls the operation of the company.
k. A list of all previous permits or licenses issued to the permittee by the Department or Federal government under the environmental protection acts, the date of issuance and current status of those permits and the permittee's compliance history concerning the environmental protection acts.
l. Proof that any independent contractors retained by the permittee to perform any activities proposed under this permit are in compliance with Department regulations.
m. Proof that the applicant has legal right to enter the land and operate the facilities proposed for coverage under this permit.
n. An irrevocable written consent from the landowner giving the Department permission to enter upon the land where the applicant will be conducting waste management activities.
Comments concerning the proposed general permit should be directed to Ronald C. Hassinger, Chief, General Permits/Beneficial Use Section, Division of Municipal and Residual Waste, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. Persons interested in obtaining more information, or obtaining copies of, the proposed general permit may contact the Division of Municipal and Residual Waste at the previous phone number. TDD users may contact the Department through the Pennsylvania Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend additional conditions or revisions to or approval or denial of the proposed general permit.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS
NEW SOURCES AND MODIFICATIONS The Department of Environmental Protection (Department) has developed an ''integrated'' plan approval, State Operating Permit and Title V Operating Permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.
The Department has received applications for plan approvals and/or operating permits from the following facilities.
Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.
Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121--143, the Federal Clean Air Act (act) and regulations adopted under the act.
PLAN APPROVALS
Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; Contact: David Aldenderfer, Program Manager, (570) 327-3637.
49-00009B: Mohawk Flush Doors, Inc. (P. O. Box 112, Northumberland, PA 17857) for modification of spray booth no. 4 by increasing its allowable VOC emission limit from 1 ton per year to 7.5 tons per year in Point Township, Northumberland County.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745; Contact: William Charlton, New Source Review Chief, (412) 442-4174.
03-00218B: DLR Mining, Inc. (3065 Airport Road, Indiana, PA 15701) for installation of coal screen at Triple K No. 1 Deep Mine in Burrell Township, Indiana County.
Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
46-0198H: Blommer Chocolate Co. (1101 Blommer Drive, P. O. Box 45, East Greenville, PA) for the modification of the cocoa alkalization process in Hanover Township, Montgomery County without changing permitted emissions. This facility is a Major for VOC. Emissions from this modification increases 4.26 tons of VOCs per year. The Plan Approval will contain recordkeeping and operating restriction designed to keep the facility operating within the allowable emissions and all applicable air quality requirements.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790; Contact: Mark J. Wejkszner, New Source Review Chief, (570) 826-2531.
40-310-055: Pennsy Supply, Inc. (1001 Paxton Street, Harrisburg, PA 18711) for construction of a stone crushing and screening operation at their Salem Sand Plant in Salem Township, Luzerne County. This facility is not a Title V facility. The stone crushing operation will be controlled by wet spray dust suppression system and will result in particulate emissions of 3.56 tons per year. The equipment used in the operation is subject to NSPS Subpart OOO of the Federal Standards of Performance for Nonmetallic Mineral Processing Plants, 40 CFR 60.670--60.676. The plan approval will include all appropriate monitoring, recordkeeping and reporting requirements designed to keep the sources operating within all applicable air quality requirements.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Contact: Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.
61-007B: IA Construction--Franklin Hot Mix Plant (Routes 8 and 62, Franklin, PA 16323) In accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b), the Department intends to issue a plan approval to modify existing Permit 61-007A by replacing burner, dryer, baghouse, including exhaust fan and automatic damper. The plant will increase rated capacity from 180 tons to 400 tons per hour. Alternative fuels: reprocessed fuel no. 5 (RFO no. 5), no. 2 fuel oil, liquid propane and natural gas will be burned. This is the Franklin Hot Mix Asphalt (HMA) Plant in Sugar Creek Township, Venango County.
This plan approval will, in accordance with 25 Pa. Code § 127.450, be incorporated into a State-only operating permit through an administrative amendment at a later date.
Issuance of the plan approval is recommended with the appropriate conditions in the plan approval:
1. This facility is limited to producing 400 tons per hour and an annual cap of 495,000 tons of HMA paving materials to be produced during any 12 consecutive months.
2. Particulate emissions from the source shall not exceed 0.02 grain/dscf and the visible emissions shall not exhibit 20% opacity or greater. EPA Method 9 shall be used to determine opacity.
3. The facility shall be permitted to use the following fuels: RFO no. 5, no. 2 fuel oil, liquid propane or natural gas.
4. Air pollutant emissions from the source from the use of no. 2 fuel oil shall not exceed:
Criteria
PollutantsEmission Limit
lbs/tonEmission Limit
tons/year
12-month rolling
totalSOx 0.088 21.78 CO 0.4 99.00 NOx 0.120 29.70 VOC 0.0082 2.03 5. Air pollutant emissions from the source from the use of RFO no. 5 shall not exceed:
Criteria
PollutantsEmission Limit
lbs/tonEmission Limit
tons/year
12-month rolling
totalSOx 0.088 21.78 CO 0.4 99.00 NOx 0.12 29.70 VOC 0.036 8.91 6. The source shall comply with 25 Pa. Code §§ 123.1, 123.31 and 123.41.
7. The plant entrance road must be maintained to keep fugitive emissions to a minimum. The road shall be routinely swept or dust suppressant shall be applied on an as needed basis. A log shall be kept onsite documenting road maintenance.
8. A magnehelic gauge shall be permanently installed and maintained at a conveniently readable location to indicate the pressure drop across the collector.
9. The pressure drop across the collector shall be recorded on a daily basis. A daily log shall be maintained and kept on file for at least 2 years and made available to Department personnel upon request.
10. Whenever a condition in this permit requires the measurement of pressure drop across any part of the unit or its control device, the gauge employed shall have a scale so that the expected normal reading shall be no less than 20% of full scale.
11. The operating range for pressure drop of the collector shall be determined within 30 days of startup of the control device and shall be indicated to the Department in writing. If stack testing is required, the pressure drop range developed during compliant stack testing shall become standard operating parameters for the control device. The pressure drop ranges shall be made part of the facility operating permit.
12. An inspection/maintenance log for the collector shall be maintained onsite. The log shall contain all records of maintenance, as suggested by the manufacturer. The records shall be kept on file for 5 years and shall be made available to Department personnel upon request.
13. The company shall maintain hourly production rates for both base coarse and wearing coarse (top) types of mixes. The records shall be kept on file for 5 years and shall be made available to the Department personnel upon request.
14. Twenty percent of the total number of bags in the baghouse is required to be onsite (157 bags).
15. The two aboveground storage tanks (1-10,000 gallon for no. 2 fuel oil and 1-20,000 gallon for RFO no. 5) are subject to New Source Performance Standards, Subpart Kb--Standards of Performance for Volatile Organic Liquid Storage Vessels for which Construction, Reconstruction, or Modification Commenced after July 23, 1984. Specifically, the tank is subject to 40 CFR 60116b--Monitoring of Operations.
16. Within 7 days of changing to a permitted fuel that has not been used before, the Department shall be notified in writing.
17. The company shall not accept shipment of RFO no. 5 without an analysis. This analysis shall meet the specifications listed in Attachment A. This documentation must be kept on file for 2 years and shall be made available to Department personnel upon request.
18. Within 30 days after the affected facility will be operated using RFO no. 5 or no. 2 fuel oil as a fuel, test procedures for PM, CO, SOX, NOx and VOC including a sketch with dimensions indicating the location of sampling ports and other data to ensure the collection of representative samples shall be submitted to the Department.
19. Within 45 days of the Department's approval of the test protocol or a schedule approved by the Department, stack tests shall be performed in accordance with 25 Pa. Code Chapter 139 to demonstrate compliance with conditions 5, 7 and 8.
a. EPA Reference Method 5 shall be used to determine the particulate matter concentration.
b. During the stack tests, opacity observations shall be conducted in accordance with EPA Reference Method 9.
20. At least one of the runs of the stack tests for particulate emissions and opacity shall be performed while top mix or the product produced by the facility containing the greatest percentage of sand is being produced at the maximum rate possible. The production rate during the stack tests will then become the legal operating limit of the plant for each type of fuel used for this particular product.
21. After the protocol has been approved and at least 2 weeks prior to the test, the Department shall be informed of the date and time of the test.
22. Within 30 days after completion of the test, two copies of the complete test report, including all operating conditions, shall be submitted to the Department for approval.
23. If the results of the stack tests performed in conformance with the conditions of this plan approval exceed the emission levels specified in any condition of this approval, the permittee shall take appropriate corrective actions. The permittee shall submit a description of these corrective actions to the Department, within 30 days of receipt of the test results. The permittee shall take appropriate action to minimize emissions from the affected facility while the corrective actions are being implemented. The Department shall notify the permittee with 30 days, if the corrective actions taken are deficient. The permittee shall submit a description of additional corrective actions taken to the Department within 30 days of receipt of the notice of deficiency. The Department reserves the authority to use enforcement activities to resolve noncompliant stack tests.
24. If the results of the stack tests performed in conformance with the conditions of this plan approval exceed the emission levels specified in any condition of this approval, a retest to demonstrate compliance shall be performed within 120 days of receipt of the original test results. Should the permittee demonstrate to the Department that retesting in 120 days is not practicable, the Department may extend the deadline. Failure of the second test to demonstrate compliance with the appropriate approval conditions may be grounds for immediate revocation of the approval to operate the affected facility.
25. Within 30 days of changing to a permitted fuel other than RFO no. 5 or no. 2 fuel oil that has not been previously used at the facility, a procedure for stack testing shall be submitted and a stack test performed as required by conditions 22--27. The Company may request in writing to the Department a waiver of stack testing when switching fuels. The Department in its sole discretion may grant a waiver on a case by case basis.
26. This facility may process recycled asphalt product (RAP). A maximum of 25% RAP will be added to the mix. Records will be kept of amounts of RAP processed and the percentage of RAP used in both top and base mixes. At least one of the runs during stack testing shall be performed when the maximum percentage of RAP is being added to the mix. This percentage of RAP will become the legal operating limit of RAP for the plant.
27. This source is subject to Subpart I of the Standards of Performance for New Stationary Sources and shall comply with all applicable requirements of this subpart. 40 CFR 60.4 requires submission of copies of all requests, reports, applications, submittals and other communications to both the EPA and the Department. The EPA copies should be forwarded to Director, Air, Toxics and Radiation Division, US EPA, Region III, 1650 Arch St., Philadelphia, PA 19103-2029.
OPERATING PERMITS
Intent to Issue Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
46-00043: Glasgow, Inc.--Ivy Rock (1200 Conshohocken Road, Conshohocken, PA 19428) for a non-Title V Facility, State-only Synthetic Minor Operating Permit in Plymouth Township, Montgomery County. Glasgow, Inc.--Ivy Rock produces hot mix asphalt for use in road construction. The facility's major emission points are two batch asphalt plants, from which the main pollutants emitted are NOx, SOx and CO. The facility pollutant potentials to emit for NOx and CO exceed the major facility thresholds of 25 and 100 tons per year, respectively. The facility will restrict their actual emissions NOx emissions to below 24.9 tons/year cap. The permit will contain monitoring, recordkeeping, reporting and work practice standards designed to keep the facility operating within all applicable air quality requirements.
PUBLIC HEARINGS
Southeast Region: Air Quality Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428; Contact: Edward Brown, Facilities Permitting Chief, (610) 832-6242.
OP-15-0104: Tasty Baking Oxford, Inc. (700 Lincoln Street, Oxford, PA) for revision to the State implementation plan for VOCs at their facility in Oxford Township, Chester County.
The Department has made a preliminary determination to approve a Reasonably Available Control Technology (RACT) plan as an amendment to the State Implementation Plan (SIP) for the aforementioned facility. The proposed SIP revision does not adopt any regulations. The SIP revision incorporates the provisions and requirements contained in the RACT approval for the aforementioned facility to comply with current regulations. This preliminary determination, if finally approved, will be incorporated into Operating Permit OP-15-0104 for the facility and will be submitted to the EPA as a revision to the Commonwealth's SIP.
The preliminary RACT determination for this facility is that VOCs from the production lines be limited to 48.8 tons/year and that control techniques include good housekeeping and conformance with manufacturer's specifications.
Copies of the application, the Department's analysis and other documents used in the evaluation are available for public inspection between 8 a.m. and 4 p.m. weekdays at the Department of Environmental Protection, Southeast Regional Office, 555 North Lane, Lee Park, Suite 6010, Conshohocken, PA 19428. To make an appointment, contact Records Management at (610) 832-6003.
Individuals wishing to provide the Department with additional information they believe should be considered may submit the information to the following address. Written comments should include the name, address and telephone number of the person submitting comments, identification of proposed Permit No. OP-15-0104 and a concise statement regarding the relevancy of the information or any objections to issuance of the Operating Permit.
Written comments should be directed by December 17, 2003, to Francine Carlini, Air Quality Program Manager, Department of Environmental Protection, Southeast Regional Office, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
A public hearing will be held for the purpose of receiving comments on the proposed RACT operating permit. The hearing will be begin at 2 p.m. on December 17, 2003, at the Southeast Regional Office, Lee Park, Suite 6010, 555 North Lane, Conshohocken, Montgomery County.
Individuals wishing to present testimony at the hearing should register by December 15, 2003, by contacting Community Relations Coordinator Lynda Rebarchak, (610) 832-6219, lrebarchak@state.pa.us. Individuals with questions on a proposal should contact Lynda Rebarchak by phone or e-mail prior to the hearing date. Individuals with a disability should call Lynda Rebarchak to discuss how the Department may accommodate their needs.
COAL AND NONCOAL MINING ACTIVITY APPLICATIONS 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); and The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1--1406.21). 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 before an 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 certification.
Written comments, 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.
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. NPDES permits will contain, at a minimum, technology-based effluent limitations as identified in this notice for the respective coal and noncoal applications. In addition to the previous, 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 who have requested review of the NPDES permit requirements for a particular mining activity within the previously 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 the person 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 wishes to have the conference conducted in the locality of the proposed mining activities.
Coal Applications Received
Effluent Limits--The following coal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0
Alkalinity greater than acidity* * The parameter is applicable at all times.
A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: (1) surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas, active areas disturbed by coal refuse disposal activities and mined areas backfilled and revegetated; and (2) drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
54930201R2. Wheelabrator Culm Services, Inc. (4 Liberty Lane West, Hampton, NH 03842), renewal of an existing coal refuse reprocessing operation in Mahanoy Township, Schuylkill County affecting 117.0 acres, receiving stream: none. Application received October 28, 2003.
California District Mining Office: 25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769-1100.
32841312. NPDES Permit No. PA0037087, Indiana Investments Inc. (R. D. 2, Box 305, Shelocta, PA 15774), to transfer the permit for the Urling 1 and 3 Mines in Armstrong and Washington Townships, Indiana County and Plumcreek and South Bend Townships, Armstrong County, from Keystone Coal Mining Corporation, no additional discharges. Application received October 1, 2003.
30831303. RAG Cumberland Resources, LP (158 Portal Road, P. O. Box 1020, Waynesburg, PA 15370), to revise the permit for the Cumberland Mine in Whiteley Township, Greene County, ACOE Pittsburgh District (Oak Forest, PA Quadrangle N: 15.2 inches; W: 1.3 inches to N: 15.4 inches; W: 1.8 inches and N: 16.2 inches; W: 4.0 inches to N: 16.1 inches; W: 4.2 inches and N: 15.7 inches; W: 12.0 inches to N: 15.9 inches; W: 1.9 inches and N: 16.4 inches; W: 4.1 inches to N: 16.6 inches; W: 4.1 inches and N: 16.1 inches; W: 3.4 inches to N: 16.1 inches; W: 3.6 inches).
This is a Chapter 105 Water Obstruction and Encroachment Permit application (Stream Module 15) and 401 Water Quality Certification request, if applicable, submitted as part of the mining permit revision application to authorize the Dyers Fork Stream Restoration Project over Longwall Panels 45--47.
Written comments or objections on the request for section 401 Water Quality Certification or to the issuance of the Water Obstruction and Encroachment Permit (Stream Module 15) may be submitted to the Department within 30 days of the date of this notice to the District Mining Office previously identified. Comments should contain the name, address and telephone number of the person commenting, identification of the request for 401 Water Quality Certification and Chapter 105 permit application (Stream Module 15) to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including relevant facts upon which they are based.
The Water Obstruction and Encroachment Permit application is available for review at the California District Mining Office, by appointment, at the previous address.
Application received September 26, 2003.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
10990101 and NPDES Permit No. PA0241512. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Renewal of an existing bituminous surface strip in Eau Claire Borough and Venango Township, Butler County affecting 41.3 acres. Receiving streams: unnamed tributary to South Fork of Little Scrubgrass Creek and South Fork of Little Scrubgrass Creek (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application received October 24, 2003.
33990106 and NPDES Permit No. PA0228010. Falls Creek Energy Co., Inc. (R. R. 6, Box 231, Kittanning, PA 16201). Renewal of an existing bituminous surface strip and auger operation in McCalmont Township, Jefferson County affecting 168.7 acres. Receiving streams: Turnip Run to Big Run (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application for reclamation only. Application received October 24, 2003.
33930111 and NPDES Permit No. PA0211869. Falls Creek Energy Co., Inc. (R. R. 6, Box 231, Kittanning, PA 16201). Renewal of an existing bituminous surface strip and auger operation in Young, Bell and McCalmont Townships, Jefferson County affecting 213.4 acres. Receiving streams: unnamed tributaries to Elk Run (CWF). There are no potable surface water supply intakes within 10 miles downstream. Application for reclamation only. Application received October 24, 2003.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.
32880107 and NPDES Permit No. PA0598305. Urey Coal Company, 6015 Ferguson Road, Indiana, PA 15701, permit renewal for reclamation only and for continued restoration of a bituminous surface mine in Banks Township, Indiana County, affecting 133.3 acres. Receiving streams: unnamed tributary to Cush Creek (HQ-CWF); unnamed tributary to South Branch Bear Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received October 24, 2003.
56930110 and NPDES Permit No. PA0212610. Future Industries, Inc., P. O. Box 157, Meyersdale, PA15552, permit renewal for continued operation of bituminous surface mine in Black Township, Somerset County, affecting 129.0 acres. Receiving streams: unnamed tributaries to Rhoades Creek (WWF); Rhoades Creek (WWF); unnamed tributary to Iser Run (EV); and unnamed tributary to Casselman River (CWF). There are no potable water supply intakes within 10 miles downstream. Application received October 21, 2003.
11980202 and NPDES Permit No. PA0234788. Smith Energy, Inc., 1056 Maple Street, Nanty Glo, PA 15943, permit renewal for reclamation only and for continued restoration of a bituminous coal refuse processing surface mine commencement, operation and restoration of a bituminous surface mine in Blacklick Township, Cambria County, affecting 10.0 acres. Receiving streams: Coalpit Run (CWF). There are no potable water supply intakes within 10 miles downstream. Application received October 20, 2003.
Greensburg District Mining Office: Armbrust Building, R. R. 2 Box 603-C, Greensburg, PA 15601-0982, (724) 925-5500.
26980103 and NPDES Permit PA 0212312. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Transfer application from Purco Coal, Inc. for operation and reclamation of an existing bituminous surface mine in Wharton and Stewart Townships, Fayette County, affecting 206 acres. Receiving stream: unnamed tributary to Meadow Run (CWF). There is no potable water supply intake within 10 miles from the point of discharge. Transfer application received October 29, 2003.
Noncoal Applications Received
Effluent Limits--The following noncoal mining applications that include an NPDES permit application will be subject to, at a minimum, the following technology-based effluent limitations for discharges of wastewater to streams:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times.
A settleable solids instantaneous maximum of 0.5 ml/l applied to surface runoff resulting from a precipitation event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2454, (570) 621-3118.
28940801. Allen L. Mills (7201 Slabtown Road, Waynesboro, PA 17268), Stage I and II bond release for a quarry operation in Antrim Township, Franklin County affecting 5.0 acres on property owned by Fred Christopher. Application received October 27, 2003.
7373SM1C2 and NPDES Permit No. PA0595683. Haines & Kibblehouse, Inc. (2052 Lucon Road, P. O. Box 196, Skippack, PA 19474), renewal of NPDES Permit for discharge of treated mine drainage in Penn Forest Township, Carbon County, receiving stream: Stony Creek (EV). Application received October 29, 2003.
ABANDONED MINE RECLAMATION Under Act 181 of 1984, the Department solicits letters of interest from the landowners and/or licensed mine operators for the reclamation of the following abandoned strip mine project:
Project No. BF 465, Clinton Township, Venango County, 23.5 acres.
Letters of interest must be received by 4 p.m. on December 15, 2003, to be considered by Roderick A. Fletcher, P. E., Director, Bureau of Abandoned Mine Reclamation, Department of Environmental Protection, 400 Market Street, P. O. Box 8476, Harrisburg, PA 17105-8476. Telephone inquiries should be directed to Chuck Siders, Division of Mine Hazards, (717) 783-0474.
FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the State to certify that the involved projects will not violate the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the office noted before the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Individuals will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on each working day at the office noted before the application.
Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
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 FWPCA (33 U.S.C.A. § 1341(a)).
WATER OBSTRUCTIONS AND ENCROACHMENTS Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E36-770: Robert C. Wenger, 402 S. State Street, Ephrata, PA 17522 in Warwick Township, Lancaster County, ACOE Baltimore District.
To construct and maintain two reception pits and a circular concrete manure storage pit, a utility line stream crossing and an outfall structure within the floodway of an unnamed tributary to Lititz Run at a point along a creek (Lancaster, PA Quadrangle N: 5.7 inches; W: 3.4 inches) in Warwick Township, Lancaster County.
E05-311: James S. Claycomb, 1532 Gordon Hall Road, Osterburg, PA 16667 in West St. Clair Township, Bedford County, ACOE Baltimore District.
To construct and maintain a 40-foot-long steel beam bridge with a wooden deck having a clear span of 38 feet across Georges Creek (WWF) to move farm machinery across the stream (Alum Bank, PA Quadrangle N: 12.2 inches; W: 12.5 inches) in West St. Clair Township, Bedford County.
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E19-238. Department of Transportation, Engineering District 3-0, 715 Jordan Avenue, Montoursville, PA 17754. Bridge stream paving in Main Township, Columbia County, ACOE Baltimore District (Shumans, PA Quadrangle N: 18.31 inches; W: 18.9 inches).
To pave the entire streambed, 6 inches deep, under an existing bridge for an area of 32 feet long by 11 feet wide in an unnamed tributary to Catawissa Creek (CWF) on SR 2011 Section 0010 approximately 0.5 mile north of Mainville near the Evangelical Lutheran Church. Upstream water will be collected and pumped around the work zone during a low flow period. It is anticipated that less than 0.02 acre of earth will be disturbed by the project. The project will not impact wetlands while impacting 35 feet of waterway.
Southwest Region: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E32-454. Penneco Oil Company, Inc., P. O. Box 300, 200 U. S. Route 22, Delmont, PA 15626. Pomposini bridge crossing in Conemaugh Township, Indiana County, Pittsburgh ACOE District (Avonmore, PA Quadrangle N: 2.2 inches; W: 6.6 inches) (Latitude: 40° 30` 44"--Longitude: 79° 25` 28"). The applicant proposes to construct and maintain a 12.0-foot long single span bridge having a normal span of 50.0 feet and an underclearance of 5.0 feet across Blacklegs Creek (CWF) for the purpose of providing access to an existing well. The bridge is off of SR 0268, 2.65 miles south of Clarksburg.
E32-457. P. C. Exploration, Inc., 520 Keystone Drive, Warrendale, PA 15086. Anderson Stream Crossing in Washington Township, Indiana County, Pittsburgh ACOE District (Ernest, PA Quadrangle N: 11.9 inches; W: 7.2 inches) (Latitude: 40° 41` 26"--Longitude: 79° 10` 37"). The applicant proposes to construct and maintain an 18.0-foot long R-4 rock ford crossing having a span of 18.0 feet in an unnamed tributary to Crooked Creek (CWF) for the purpose of providing access to the Anderson well. The project is off of SR 4008, approximately 0.3 mile northeast of its intersection with SR 0954.
E56-325. Department of Transportation, District 9-0, 1620 North Juniata Street, Hollidaysburg, PA 16648. Shade Creek bridge in Paint Township, Somerset County, Pittsburgh ACOE District (Windber, PA Quadrangle N: 10.4 inches; W: 14.7 inches) (Latitude: 40° 10` 55"--Longitude: 78° 51` 19"). The applicant proposes to remove the existing structures and: (1) to construct and maintain a single span prestressed concrete adjacent box beam bridge having a normal span of 110.5 feet and an underclearance of 8.5 feet over Shade Creek (CWF); (2) to construct and maintain a 30-inch diameter reinforced concrete pipe in the old mill race at the western approach to the bridge; (3) to construct and maintain temporary cofferdams and a temporary causeway consisting of four 48-inch diameter corrugated metal pipes in Shade Creek; and (4) to place and maintain fill in 0.007 acre of PEM wetland. The project proposes to directly affect a total of 80 linear feet of stream channel and 0.007 acre of PEM wetland. The impacted wetlands have been replaced at the Louie Beach Advance Wetland Compensation Site.
E63-555. Chad and Michelle Subrick, 455 Lively Road, Eighty Four, PA 15330-2121. Subrick Residential Dam Pond in Somerset Township, Washington County, Pittsburgh ACOE District (Hackett, PA Quadrangle N: 8.9 inches; W: 6.8 inches) (Latitude: 40° 10` 24"--Longitude: 80° 2` 56"). The applicant proposes to construct and maintain a pond in a tributary to the North Branch of Pigeon Creek (WWF). This will require the excavation of the stream channel, the relocation of the stream channel as part of the ponds outfall structure and the construction of a nonjurisdictional dam. The applicant also proposes to construct and maintain a 36-inch diameter culvert for a minor road crossing to provide access to a proposed residence also across a tributary to the North Branch of Pigeon Creek. The project is on the east side of TR 802 (Sumney Road) approximately 3,000 feet south of its intersection with SR 136. The total stream impact is approximately 400 feet to one tributary and 30 feet to the other tributary.
E65-831. Department of Transportation, District 12-0, P. O. Box 459, Uniontown, PA 15401. Parnassus Triangle in the Cities of New Kensington and Lower Burrell, Westmoreland County, Pittsburgh ACOE District (New Kensington West, PA Quadrangle N: 9.3 inches; W: 1.1 inches) (Latitude: 40° 33` 10"--Longitude: 79° 45` 31"). The applicant proposes to rehabilitate the intersections of SR 0366, SR 4085 and SR 4087, also known as the Parnassus Triangle. As part of this highway improvement project, the applicant will remove the existing structures and: (1) construct and maintain a single span, prestressed concrete, spread box beam bridge on SR 4087, Station 20+96 having a normal span of 26.5 feet and an underclearance of 12.33 feet over Little Pucketa Creek (TSF). Also to construct and maintain a 42-inch diameter outfall with a concrete headwall at SR 4087, Station 21+09, 54.0 feet right and an 18-inch diameter outfall at Station 20+63, 47.0` left, Latitude: 40° 33` 10"--Longitude: 79° 45` 31"; (2) construct and maintain a single span, prestressed concrete spread box bean bridge on SR 0366, Station 110+60 having a normal span of 39.06 and an underclearance of 9.0 feet over Little Pucketa Creek. Also to construct and maintain a 42-inch diameter outfall with a concrete headwall at SR 4087, Station 21+09, 54.0 feet right and an 18-inch diameter outfall at Station 20+63, 47.0 feet left (Latitude: 40° 33` 14.5"--Longitude: 79° 45` 28.5"); and (3) construct and maintain an 18-inch diameter outfall with a 25-foot long rock-lined stilling basin in Pucketa Creek (TSF) at SR 4085, Station 0+95, 43.0` right (Latitude: 40° 33` 0"--Longitude: 79° 45` 31"). The project proposes to directly affect 150 linear feet of perennial stream; no vegetated wetlands will be impacted.
E65-832. The Meritage Group, L. P., 772 Pine Valley Drive, Pittsburgh, PA 15239. Kerber Farm Estates Subdivision in North Huntingdon Township, Westmoreland County, Pittsburgh ACOE District (Irwin, PA Quadrangle N: 10.8 inches; W: 17.0 inches) (Latitude: 40° 18` 34"--Longitude: 79° 44` 50"). The applicant proposes to maintain an on-stream stormwater detention basin that was constructed by enlarging a former approximately 0.24-acre pond and to fill in approximately 0.08 acre of wetland. In addition, construct and maintain: (1) 225 linear feet of channel relocation of an unnamed tributary within the Crawford Run Watershed (WWF); (2) an 80-foot long roadway culvert in another tributary within the Youghiogheny Watershed (WWF) which will affect 80 feet of watercourse and 0.04 acre of wetlands; and (3) fill in approximately 150 linear feet of an unnamed watercourse within the Youghiogheny River Watershed (WWF). The aforementioned activities are associated with the construction of 115-lot residential development, referred to as the Kerber Farm Estates, which is near the intersection of Pickford and Mickanin Roads. The applicant will develop a mitigation plan.
E65-833. Ligonier Township, One Municipal Park Drive, Ligonier, PA 15658. Clark Hollow Road culvert in Ligonier Township, Westmoreland County, Pittsburgh ACOE District (Derry, PA Quadrangle N: 5.11 inches; W: 4.18 inches) (Latitude: 40° 16` 41"--Longitude: 79° 16` 48"). The applicant proposes to operate and maintain a corrugated metal pipe arch culvert having a single waterway opening 64 inches wide and 43 inches high (invert depressed 12 inches) and a 30-inch smooth lined corrugated plastic pipe in tandem in an unnamed tributary to Loyalhanna Creek (CWF). The project is on Clark Hollow Road approximately 1 mile north of SR 30. The culvert was constructed under Emergency Permit No. EP65032204, dated September 4, 2003.
Northwest Region: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
E25-680, Millcreek Township School District, Millcreek Education Center, 3740 West 26th Street, Erie, PA 16506-2096. Asbury Playfields in Millcreek Township, Erie County, ACOE Pittsburgh District (Swanville, PA Quadrangle N: 11.2 inches; W: 7.3 inches).
The applicant proposes to fill 0.048 acre (de minimis) of nonexceptional value wetland for the construction of playfields adjacent to the Asbury Middle School in Millcreek Township, Erie County approximately 0.2 mile southwest of the intersection of West 38th Street and Asbury Road. The project proposes to directly affect 0.048 acre of wetlands.
E33-218, Jefferson County Commissioners, 155 Main Street, Jefferson Place, Brookville, PA 15825. JC-10 (T-542) Bridge Replacement Project in Winslow Township, Jefferson County, ACOE Pittsburgh District (DuBois, PA Quadrangle N: 22.7 inches; W: 17.0 inches).
To remove the existing steel ''pony'' truss bridge having a normal clear span of 87 feet, a curb to curb with of 13 feet and a skew of 90 degrees and to construct and maintain a steel plate girder bridge having a normal clear span of 148 feet, a curb to curb width of 26 feet, a skew of 75 degrees all at a point along Township Road 542 across Sandy Lick Creek (TSF), approximately 700 feet south of SR 950.
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