[34 Pa.B. 1465]
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FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an 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 Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of 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 decision law.
For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).
Permits, Environmental Assessments and 401 Water Quality Certifications Issued
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E09-866. Department of Transportation, 7000 Geerdes Boulevard, King of Prussia, PA 19406-1525, Newtown Township, Bucks County, ACOE Philadelphia District.
To remove the existing four span bridge structure carrying SR 0332 (Richboro Road Bridge) over the Neshaminy Creek (WWF, MF) and to construct and maintain a three-span prestressed concrete bridge at the same location measuring 280 feet long with a 17.8-foot underclearance. The removal and construction of the bridge will require three temporary causeways across the Neshaminy Creek impacting 264 linear feet of stream. The project also includes the relocation of an unnamed intermittent channel and construction of a temporary crossing to facilitate access during demolition and construction of the bridge noted previously and to facilitate a proposed bike path and pedestrian walkway.
The site is approximately 1 mile west of the intersection of Newtown bypass/PA 413 and Richboro Road (Langhorne, PA Quadrangle N: 18 inches; W: 23.5 inches).
The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.
E09-862. Gold For Three Daughters, 800 Haunted Lane, Bensalem, PA 19020, Bensalem Township, Bucks County, ACOE Philadelphia District.
To perform activities associated with the Wells Drive Channel Relocation project:
1. To relocate 335 linear feet of stream channel of an unnamed tributary of the Neshaminy Creek (WWF).
2. To install a total of 75 linear feet of temporary cofferdam across the stream at three different locations along the stream channel to accommodate work associated with the proposed channel relocation.
3. To conduct minor grading work associated with the new stream banks adjustment.
4. To construct a temporary road crossing to facilitate the smooth passage of construction vehicles.
The project proposes to directly and permanently affect a total of 335 linear feet and 380 linear feet temporarily. The project site is on Wells Drive approximately 160 feet west of the intersection of Bridgewater Road and Wells Drive in Bensalem Township, Bucks County (Beverly-NJ, PA Quadrangle N: 18.25 inches; W: 7.00 inches).
The issuance of this permit also constitutes approval of a Water Quality Certification under section 401 of the Federal Water Pollution Control Act.
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E40-620. Hazle Township Supervisors, P. O. Box 506, Harleigh, PA 18225-0506, Hazle Township, Luzerne County, Army Corps of Engineers Baltimore District. Subbasin 5-D.
To construct and maintain a road crossing of Little Black Creek (CWF, perennial), consisting of a 12.0-foot by 6.0-foot open-bottomed precast concrete box culvert. The project includes relocation of approximately 90 linear feet of channel upstream of the culvert and 80 linear feet downstream. The project, known as the Vine Street Extension, is approximately 1,000 feet upstream of the confluence of Little Black Creek and Black Creek, between 28th Street and 30th Street (Hazleton, PA Quadrangle N: 19.1 inches; W: 14.7 inches). The project proposes to directly affect 200 linear feet of stream channel.
DAM SAFETY Central Office: Bureau of Waterways Engineering, 400 Market Street, Floor 3, P. O. Box 8554, Harrisburg, PA 17105-8554.
D63-114 Maple Creek Mining, Inc. To modify, operate and maintain Maple Creek Slurry Pond 3, Dam No. 1 across a tributary to Pigeon Creek (WWF) for the purpose of the disposal of waste slurry (Monongahela, PA Quadrangle N: 11.95 inches; W: 14.8 inches) in Carroll Township, Washington County.
SPECIAL NOTICES
Planning Grant Awards under section 901 of the Municipal Waste Planning Recycling and Waste Reduction Act The Department of Environmental Protection announces the following grants to counties under section 901 of the Municipal Waste Planning, Recycling and Waste Reduction Act (act) and section 208 of the Waste Tire Recycling Act/Small Business and Household Pollution Prevention Act.
Planning grants are awarded to counties for 80% of approved costs for preparing municipal waste management plans as required by the act, for carrying out related studies, surveys, investigations, inquiries, research and analysis, including those related to siting, environmental mediation, education programs on pollution prevention and household hazardous waste and providing technical assistance to small businesses for pollution prevention. Grants may be awarded for feasibility studies and project development for municipal waste processing or disposal facilities, except for facilities for the combustion of municipal waste that are not proposed to be operated for the recovery of energy. Grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of the act and the availability of monies in the Recycling Fund.
Inquiries regarding the grant offerings should be directed to Sally Lohman, Chief, Waste Planning Section, Department of Environmental Protection, Bureau of Land Recycling and Waste Management, Division of Waste Minimization and Planning, P. O. Box 8472, Harrisburg, PA 17105-8472.
Region County Applicant Project Description Grant Award Southcentral Dauphin
DauphinDauphin County
Dauphin CountySubstantial Plan Revision
Nonsubstantial Plan Revision$80,000
$75,840Northwest Butler Butler County Plan Revision $43,852
Application Period for Municipal Recycling Program Performance Grant Applications under section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act; Calendar Year 2003 Recycling The Department of Environmental Protection (Department) announces a request for applications from municipalities for recycling performance grant assistance for recycling programs under section 904 of the Municipal Waste Planning, Recycling and Waste Reduction Act (act). Municipalities include counties, cities, boroughs, incorporated towns, townships, home rule municipalities, their authorities, councils of governments, consortiums or similar entities established by two or more municipalities under 53 Pa.C.S. Chapter 23, Subchapter A. This application period is for eligible materials recycled and marketed in calendar year 2003.
Municipal recycling program performance grant funds will be awarded to municipalities based upon the weight of source separated recyclable materials identified in section 1501(c)(1)(i) of the act recovered by municipal recycling programs and the population of the municipality as determined by the most recent decennial census. Municipalities will be eligible to receive an award based on a formula of $5 for each Department approved ton of eligible recyclable materials recycled or marketed and $1 per approved ton for each percentage of municipal waste calculated by the Department to be diverted from disposal. The weight of eligible materials allowable from nonresidential (commercial, institutional and municipal) sources under the preceding formula will be limited to no more than the weight of approved eligible materials from residential sources. Any Department approved materials from nonresidential sources not factored into the preceding formula will be awarded a bonus of $10 per ton. The Department will not award grants calculated to be less than $10.
Applicants that have failed to comply with the conditions set forth in previously awarded grants, the grant requirements of the act or the regulations of the act may not be awarded funds under this grant program. Applicants must ensure that they are in compliance with 25 Pa. Code § 272.314(b)(2) regarding the submittal of the annual recycling report.
Eligible materials include post-consumer: clear glass, colored glass, aluminum cans, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, other marketable grades of paper and plastics. Grants will be awarded only for properly documented, eligible materials that were actually marketed on or after January 1, 2003, to and including, December 31, 2003. Grant funds will not be awarded for residues, materials not listed as eligible including, but not limited to, leaf and yard wastes or any materials which cannot be documented as being recycled into a new product or use.
Documentation to support all claims that eligible recyclable materials were generated within the municipality and marketed must be made available for auditing by the Department, the Office of the Auditor General, the Office of the Treasurer or agents of those offices for 4 years. The Department will not require applicants to retain hauler customer lists; however, the lists may be required to be examined in the event of an audit. It will be the applicant's responsibility to arrange for hauler customer lists to be provided, or for haulers to be present with their customer lists, during a grant audit. Supporting documentation is not required to be submitted with the application.
Acceptable supporting documentation: weight slips or receipts verifying that the materials were recycled or marketed are required as supporting documentation for the grant application. The documentation must include: (1) the date the materials were recycled/marketed; (2) the type of material recycled/marketed; (3) the name of the municipality where the material was generated; and (4) weight, stated in pounds or tons, of the material recycled/marketed. Documentation supporting materials source separated from municipal waste by commercial/institutional establishments and recycled/marketed must bear the name of the establishment and the municipality where the establishment is located.
Acceptable documentation must be provided in one of the following formats: (1) a dated weight/market receipt identifying the generator of the recyclable materials and the market; (2) a dated report submitted by the hauler or market on company letterhead clearly indicating the name of the company generating the recyclable materials; or (3) a dated report submitted by the generator, which is signed by the hauler or market vendor that received the materials. Reports may be submitted on annual, monthly, weekly or other time period format. All information must be legible.
Estimates of weight will not be accepted except in cases where: (1) the material is packaged in uniform bales and the average weight of a bale can be demonstrated and supported by weight receipts and a record of the number of bales was provided by the market vendors; or when (2) multiple generators contribute to a known quantity of marketed material and the hauler or market estimates the quantities attributable to any individual establishment or municipality and verifies the estimate with a signature.
Although the supporting documentation is not required to be submitted with the grant application, documentation provided must conform to the requirements or the materials claimed will not be credited toward the grant award.
Grant applications must be on forms provided by the Department for calendar year 2003. Grant applications must be delivered by 3 p.m. on September 30, 2004, or postmarked on or before that day. Applications received by the Department after the deadline will be returned to the applicant. Grant awards are predicated on the receipt of recycling fees required by sections 701 and 702 of the act and the availability of moneys in the Recycling Fund.
Municipalities wishing to file an application should contact their county recycling coordinator or the Department at the following address. Applicants who filed a performance grant application for calendar year 2002 will be mailed a current application by the Department as soon as they are available. Applications may also be obtained from the Department's website: www.dep. state.pa.us (DEP Keyword: Recycle). Inquiries concerning this notice should be directed to Todd Pejack, Bureau of Land Recycling and Waste Management, Department of Environmental Protection, Rachel Carson State Office Building, P. O. Box 8472, Harrisburg, PA 17105-8472, tpejack@state.pa.us.
Certification to Perform Radon-Related Activities in this Commonwealth In the month of February 2004, the Department of Environmental Protection, under the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder in 25 Pa. Code Chapter 240, has certified the following persons to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) 23RADON.
Name Address Type of Certification Air Quality Control, Inc. 241 King Manor Drive
Suite D
King of Prussia, PA 19406Mitigation Timothy Bach 826 Lowry Avenue
Jeannette, PA 15644Testing William Cairnes 9 Sunset Drive
Auburn, PA 17922Testing and Mitigation Christopher Cavalline R. R. 3, Box 42
Brockway, PA 15824Testing Mark Garland, Sr. 5970 West Webb Road
Mineral Ridge, OH 44440Testing Gregory Hancock 147 Mountainstone Trail
Lock Haven, PA 17745Testing Robert Harris, Jr. 2843 North Front Street
Harrisburg, PA 17110Testing Scott Jacobs 618 North Maple Avenue
Ridgway, PA 15853Mitigation Donald John P. O. Box 211
Worthington, PA 16262Testing George Kasimirsky, II P. O. Box 145
Hickory, PA 15340Testing Leonard Kelsey 800 Sunset Lane
Stroudsburg, PA 18360Testing John Marryott P. O. Box 145
Washington Crossing, PA 18977Mitigation Thomas O'Connor 8260 Rochester Road
Pittsburgh, PA 15237Testing Realty Inspection Services R. R. 7, Box 7229
Suite 101
Moscow, PA 18444Testing Kathleen Remsnyder 2843 North Front Street
Harrisburg, PA 17110Testing Jeffrey Schlaline
Absolute Radon Mitigation, LLC800 Locust Grove Road
York, PA 17402Mitigation Igor Smetaniuk P. O. Box 300
454 High Road
Glen Spey, NY 12737Testing Roy Stirling
National Property Inspections, Inc.P. O. Box 145
Geigertown, PA 19523Testing Wayne Thomas
Environmental Abatement
Associates, Inc.143 West Main Street
Plymouth, PA 18651Testing
Request for Comment and Notice of Public Meeting for the Proposed Total Maximum Daily Loads (TMDLs) for the Brush Creek Watershed in Westmoreland County Greensburg District Mining Office: Ron Horansky, Watershed Manager, Armbrust Professional Center, R. D. 2, P. O. Box 603-C, Greensburg, PA 15601.
The Department of Environmental Protection is holding a public meeting on March 25, 2004, at 7 p.m. at the North Huntingdon Township Municipal Building, North Huntingdon, PA to discuss and accept comments on a proposed TMDL, established in accordance with the requirements of the 1996 Section 303(d) of the Clean Water Act. One stream segment in the Brush Creek Watershed has been identified as impaired on the 1996 Pennsylvania 303(d) list due to metals. The listed segments and miles degraded are as follows:
Stream Code Stream Name Miles Degraded 37246 Brush Creek 0.5 The proposed plan provides calculations of the stream's total capacity to accept iron, aluminum, manganese and acidity and maintain levels below water quality criteria. The applicable water quality criteria are as follows:
Parameter Criterion Value (mg/l) Total Recoverable/ Dissolved Aluminum 0.75 Total Recoverable Iron 1.50 30 day average; Total Recoverable Manganese 1.00 Total Recoverable pH * 6.0--9.0 N/A The primary pollutant source for the watershed is abandoned mine workings. This watershed was heavily mined for coal from 1900 to the 1950s. The effects of this are still present. All of the allocations made in the TMDL are load allocations that are made to nonpoint sources of pollution.
The TMDL was developed using Monte Carlo Simulation (MCS) to determine long-term average concentrations that each stream segment could accept and still meet water quality criteria 99% of the time. MCS allows for the expansion of a dataset based on its statistical makeup. Since there was no critical flow condition where criteria were exceeded, the Department used the average flow to express the loading values in the TMDL.
The TMDL sets allowable loading rates for metals and acidity at specified points in the watershed. The basis of information used in the establishment of this TMDL is field data collected over the past 2 years.
The data and all supporting information used to develop the proposed TMDL are available from the Department. To request a copy of the proposed TMDL and an information sheet, contact Ron Horansky, R. D. 2, Box 603C, Greensburg, PA 15601, (724) 925-5500, rhoransky@state.pa.us. Directions to the meeting place can also be obtained through this contact.
The TMDL can be viewed and printed by accessing the Department's website: www.dep.state.pa.us (DEP Keyword: TMDL).
Written comments will be accepted at the previous address and must be postmarked by May 12, 2004. Persons who plan to make a presentation at the public meeting should notify the Department by March 23, 2004. The Department will consider all comments in developing the final TMDL, which will be submitted to the EPA for approval.
[Pa.B. Doc. No. 04-431. Filed for public inspection March 12, 2004, 9:00 a.m.]
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