[34 Pa.B. 239]
[Continued from previous Web Page] 10-284C: Seneca Landfill, Inc. (421 Hartmann Road, Evans City, PA 16033) for modification of Plan Approval PA-10-284B, to clarify when the testing requirements are applicable and for the installation of either a 6,000 cfm or 5,000 cfm enclosed flare rather than the two smaller enclosed flares and genet in Jackson Township, Butler County. This is a Title V facility. The public notice is required for sources required to obtain a Plan Approval at Title V facilities in accordance with 25 Pa. Code § 127.44. This plan approval, in accordance with 25 Pa. Code § 127.450, will be incorporated into the Title V operating permit through an administrative amendment at a later date. The source shall comply with the following conditions, which will satisfy the requirements of 25 Pa. Code § 127.12b, pertaining to plan approval terms and conditions, and will demonstrate Best Available Technology for the source:
* This plan approval supersedes the plan approval issued July 5, 2001, amended January 7, 2002, and extended on December 31, 2002, bearing number PA 10-284B.
* The source shall comply with 25 Pa. Code §§ 123.1, 123.21, 123.31 and 123.41 for fugitive matter, sulfur compound, odor and visible emissions.
* The permittee shall install either the 6,000 cfm or the 5,000 cfm enclosed flare within 6 months of plan approval issuance. The permittee shall notify the Department as to which enclosed flare was installed as part of the notification notice in Condition 3(a). Annually, the permittee shall calculate the year-end gas generation rate in accordance with 40 CFR 60.755(a)(1)(ii) using known year-to-year solid waste acceptance rates. Also, the permittee shall estimate the next year-end gas generation rate using projected solid waste acceptance rates. The permittee shall compare both rates to the installed control devices maximum gas capacity. The permittee shall submit a report containing the calculated year-end and the estimated next year-end gas generation rates by June 30 until a time as the plan approval for the next control device has been submitted. This report may be submitted as part of the Solid Waste Annual Operating Report; however, a copy needs to go to Air Quality. Once the calculated year-end or the estimated next year-end gas generation rate exceeds 80% of the existing control device maximum gas capacity from the report due June 30, the permittee shall submit a new plan approval application, within 60 days of the previous report, for installation of an additional control device that will control landfill gases (LFG) above the permitted capacity.
* Under the best available technology provisions of 25 Pa. Code §§ 127.1 and 127.12, the following requirements are hereby established for the flare:
* The flare shall be designed and operated in accordance with 40 CFR 60.18.
* The flare must be an enclosed ground type, which is shrouded with no visible flame shooting from the flare.
* The flare shall be equipped with a continuous pilot ignition source using an auxiliary fuel.
* The flare shall be operated with a flame present at all times. The flare shall be equipped with an automatic shut-off mechanism designed to immediately stop the flow of gases when a flameout occurs. During restart or start-up, there shall be sufficient flow of auxiliary fuel to the burners so that unburnt LFGs are not emitted to the atmosphere.
* The operating temperature of the flare shall be continuously measured and recorded. The recording charts shall be made available to the Department personnel upon request. These charts shall remain on file for a period of 5 years.
* The flare shall be designed for and operated with no visible emissions except for periods not to exceed a total of 5 minutes during any 2 consecutive hours and the emissions during these periods shall not exceed 10% opacity.
* The flare shall achieve and maintain a 98% nonmethane organic compound (NMOC) destruction efficiency for LFG. This minimum destruction efficiency requirement is also required by 40 CFR 60.752(b)(2)(iii)(B) of the Federal New Source Performance Standards.
* PM emissions for the flare shall not exceed 0.02 grain/dscf.
* The flare shall maintain a minimum operating temperature of 1,500°F for at least 0.3 second. The minimum operating temperature of the flare shall be 1,500°F or the operating temperature maintained during the performance test in which compliance with the 98% destruction efficiency requirement was demonstrated.
* Source tests shall be conducted for the flare, within 60 days after installation but not later than 180 days after initial startup, to demonstrate compliance with the 98% NMOC destruction efficiency requirement and to determine the emission rates of NOx and CO.
* At least 60 days prior to source testing, three copies of the test procedure and 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 regional air quality office.
* Within 60 days of the Departmental approval of the stack test protocol, stack tests shall be conducted in accordance with the 40 CFR 60.754(d) and the Department's source testing procedures described in the latest Source Testing Manual referenced in 25 Pa. Code § 139.4(5).
* At least 2 weeks prior to the test, the Regional Air Quality Manager shall be informed, in writing, of the date and time of the test.
* The stack test shall be performed while the flare is using the maximum available amount of LFGs at the time of the test.
* All available operating parameters, including but not limited to LFG flow rate and flare temperature, shall be recorded during the duration of the stack tests.
* Within 60 days after completion of the test, three copies of the complete test report, including all operating parameters, shall be submitted to the Regional Air Quality Manager for approval.
* Under the best available technology provisions of 25 Pa. Code §§ 127.1 and 127.12, the following requirements are hereby established:
* Petroleum contaminated soils may be used as daily landfill cover provided the VOC emissions from the contaminated soils does not exceed 2.7 tpy based on a consecutive 12-month period. The facility shall keep records of the petroleum-contaminated soil received at the landfill. The following information shall be recorded:
* Tons of contaminated soil received.
* Contaminate type (PHC or BTEX).
* PHC is total petroleum hydrocarbons.
* BTEX is benzene, toluene, ethyl benzene and xylenes.
* The maximum and average PHC and/or BTEX (from Waste Management Form FC-1) expressed in mg/kg.
* Potential VOC emissions shall be calculated as follows:
* PHC (expressed as mg/kg) × 10-6 × tons of soil = tons of VOC.
* BTEX (expressed as mg/kg) × 10-6 × tons of soil = tons of VOC.
* Quarterly reports shall be submitted to the Department of the VOC emissions within 30-days of the end of each calendar quarter.
* There shall be no passive venting of LFGs to atmosphere from any LFGs collection well from Area D.
* The collection system shall be designed to minimize offsite migration of the subsurface gas. The gas collection system shall be designed to: (1) to collect gas from the maximum possible area of the landfill; and (2) accommodate the maximum gas generation rate for the landfill.
* The permittee shall perform quarterly monitoring to determine there are no LFG leaks which result in concentrations of 500 ppmv or more measured as propane (or 1,375 ppmv or more measure as methane) at a distance of 0.5 inch from any exposed equipment. The landfill equipment subject to this requirement shall include the exposed portions of the gas wells, piping or any other connections or fittings along the LFG transfer paths of a LFG collection and disposal system. A log shall be kept at the facility indicating any leak that exceeds the previous concentration and the corrective action taken for a period of 5 years and made readily available to Department personnel upon request.
* Should the LFGs flow rate from the disposal area exceed the maximum design capacity of the control devices, the company shall submit a plan approval application for the installation of an additional control device deemed acceptable by the Department.
* The LFGs shall be controlled and monitored in accordance with 25 Pa. Code § 273.292.
* 25 Pa. Code § 273.217 requires landfill operators to implement fugitive air contaminant control measures and otherwise prevent and control air pollution in accordance with the Air Pollution Control Act, Article III and 25 Pa. Code § 273.218. Minimization and control measures shall include the following:
* Ensuring that operation of the facility will not cause or contribute to exceeding ambient air quality standards under 25 Pa. Code § 131.3.
* Ensuring that no open burning occurs at the facility.
* Minimizing the generation of fugitive dust emissions from the facility.
* Fugitive emission control criteria: This criterion specifies the reasonable actions that are necessary for the prevention of fugitive dust emissions from the operation of landfills in accordance with these requirements. The fugitive emission control criteria are as follows:
* The landfill access roadways from the public highway to the landfill shall be paved a minimum of 500 feet. The access roadways shall be maintained to prevent particulate matter from becoming airborne as specified in 25 Pa. Code § 123.1(c).
* The unpaved portions of the access roadways shall have a crown so that water runs off and does not pool. The access roadways shall be maintained to prevent particulate matter from becoming airborne as specified in 25 Pa. Code § 123.1(c).
* All reasonable measures shall be taken to suppress fugitive dust emissions on access roadways or public highways for a distance of 500 feet in both directions from the landfill entrances and exits, caused by landfill operations. When applicable, reasonable accommodations shall be made with the governmental entity with primary responsibility for public highway maintenance and care to ensure that any fugitive emissions in the area of public highway denoted previously, caused by landfill operations, are appropriately suppressed.
* No waste oil shall be used as dust suppressant for the unpaved surface.
* Earth or other material deposited by trucking or other means shall be promptly removed from the paved portions of the access roadways.
* Upon leaving the landfill, the undercarriage, wheels and chassis of the vehicles used to transport wastes and earth shall be washed, as necessary, to prevent earthen carryout onto roadways.
* All waste hauling trucks entering the landfill shall be covered.
* A speed limit of 15 miles per hour shall be observed on all paved access roadways and 10 miles per hour on all unpaved areas. Speed limit signs shall be posted consistent with the requirements of the Department of Transportation (overall dimension 30 inches by 24 inches, ''SPEED LIMIT'' in 4-inch letters and 10-inch numerals).
* A detailed record describing the time, location, type and amount of roadway surface treatment shall be maintained at the landfill site for at least 5 years. As a minimum, the record shall include the following:
* For paved roadways and parking lot areas:
* Log of action performed to prevent particulate matter from becoming airborne as specified in 25 Pa. Code § 123.1(c). This may include, but is not limited to, the following:
* Log of engine run time or odometer reading for a vacuum sweeper.
* Log of time and location of any maintenance.
* Identification, time and location of any maintenance, repairs, patching or repaving of roads.
* For unpaved roads and shoulders of paved roads:
* Log of action performed to prevent particulate matter from becoming airborne as specified in 25 Pa. Code § 123.1(c). This may include, but is not limited to, the following:
* Log of meter reading of spray-bar and/or pump and odometer reading of trucks used to apply dust suppressants and the identification of the dust suppressants.
* Log of the dilution ratios of the dust suppressants and dilutents used if chemical suppressants are used.
* Purchase records of the chemical suppressants, if used.
* Quarterly reports of the previous records shall be submitted to the Department. The reports shall be submitted within 30 days after the end of each calendar quarter.
* The facility shall comply with New Source Performance Standards--40 CFR Part 60 Subpart WWW and shall comply with all applicable requirements of this subpart. This includes, but is not limited to, the following:
* 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 shall be forwarded to Director; Air, Toxics and Radiation Division; US EPA, Region III; 1650 Arch Street; Philadelphia, PA 19103.
* In accordance with 40 CFR 60.755(e), the provisions of this subpart apply at all times, except during periods of start-up, shutdown or malfunction, provided that the duration shall not exceed 5 days for collection systems and shall not exceed 1 hour for control devices.
* In accordance with 40 CFR 60.756(b)(2), the facility shall either:
* Install, calibrate and maintain a gas flow rate measuring device that shall record the flow to the control device at least every 15 minutes.
* Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type of configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line.
* In accordance with 40 CFR 60.755(b), each well shall be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of: 5 years or more if active; or 2 years or more if closed or at final grade.
* In accordance with 40 CFR 60.753(b) and 60.756(a), each well head pressure shall be measured monthly. Records shall be kept on file for 5 years and made readily available to Department personnel upon request. Should the pressure be positive during the monitoring of these wellheads, the permittee shall take necessary steps, in accordance with 40 CFR 60.755(a)(3), to bring the affected wellheads into compliance. The collection system shall be operated with negative pressure at each wellhead except under the following conditions:
* A fire or increased well temperature: The owner or operator shall record instances when positive pressure occurs in efforts to avoid a fire. These records shall be submitted with the annual reports as provided in 25 Pa. Code § 60.757(f)(1).
* Use of geomembrane or synthetic cover: The owner or operator shall develop acceptable pressure limits in the design plan.
* A decommissioned well: A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes shall be approved by the Administrator.
* In accordance with 40 CFR 60.753(c) and 60.756(a), each interior wellhead in the collection system shall be operated with a LFG temperature less than 55°C and with either a nitrogen level less than 20% or an oxygen level less than 5%. The previous parameters shall be monitored monthly and records shall be kept on file for 5 years and made readily available to Department personnel upon request. Should the temperature or nitrogen and/or oxygen level be exceeded during the monitoring of these wellheads, the permittee shall take the necessary steps, in accordance with 40 CFR 60.755(a)(5), to bring the affected wellheads into compliance. The monitoring procedures shall comply with the provisions of 40 CFR 60.756(a).
* In accordance with 40 CFR 60.753(d), 60.755(c) and 60.756(f), the collection system shall be operated so that the methane concentration is less than 500 parts per million above background at the surface of the landfill. The owner or operator shall monitor surface concentrations of methane along the entire perimeter of the collection area and along a serpentine pattern spaced 30 meters apart (or a site-specific established spacing) for each collection area on a quarterly basis. Methane concentration shall be less than 500 parts per million above background at the surface of the landfill using an organic vapor analyzer, flame ionization detector or other portable monitor meeting Section 3, 40 CFR Part 60, Appendix A, Method 21. Records shall be kept on file for a period of five years and made readily available to Department personnel upon request.
OPERATING PERMITS
Intent to Issue Title V Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701; Muhammad Zaman, Program Manager, (570) 327-0512.
18-00004: Armstrong World Industries (325 Eagle Valley Road, Beech Creek, PA 16822) for renewal of the Title V operating permit for their Beech Creek Floor Tile plant in Beech Creek Township, Clinton County. The facility is currently operating under TVOP 18-00004, which was issued May 10, 1999. The facility's main sources include two natural gas-fired or no. 2 fuel oil-fired boilers, one small natural gas-fired water heater, nine rotogravure press stations, one ink mixing and dispensing operation, one make ready operation, one solvent distillation operation, one propane-fired emergency generator, one no. 2 oil-fired water pump and three storage tanks. The facility has the potential to emit major quantities of VOCs. The facility has the potential to emit SOx, NOx, CO, PM (PM10) and HAPs below the major emission thresholds. The proposed Title V operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
Intent to Issue Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110; Yasmin Neidlinger, Facilities Permitting Chief, (717) 705-4702.
36-05077: Beck Industries, L. P. (P. O. Box 244, 74 Newport Road, Leola, PA 17540) for production of mobile home frames and construction equipment trailers at their Upper Leacock Township, Lancaster County plant. The facility emissions will be limited to less than 50 tons per year of VOCs. The State-only operating permit will include monitoring, recordkeeping, reporting requirements, emission restrictions and work practice standards designed to keep the facility operating within all applicable air quality requirements.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481; Eric Gustafson, Facilities Permitting Chief, (814) 332-6940.
24-00158: Rosebud Mining Co. (301 Market Street, Kittanning, PA 16201) for a Natural Minor Permit to operate a coal processing plant at their Little Toby Mine in Horton Township, Elk County.
42-00197: M and M Royalty, Ltd. (Route 307, Lewis Run, PA 16738) for a Natural Minor Permit to operate a natural gas processing plant at their Irishtown Plant in Lafayette Township, McKean, Elk County.
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.
54900101R2. Blackwood, Inc. (P. O. Box 639, Wind Gap, PA 18091), renewal of an existing anthracite surface mine, coal refuse reprocessing, preparation plant, coal ash and biosolids utilization operation in Branch, Reilly and Tremont Townships, Schuylkill County, affecting 1847.6 acres. Receiving streams: Panther and Swatara Creeks. Application received December 17, 2003.
19930101R2. Burnrite Coal Company (325 Mulberry Street, Atlas, PA 17851-1025), renewal of an existing anthracite surface mine operation in Conyngham and Mt. Carmel Townships, Columbia and Northumberland Counties, affecting 556.1 acres. Receiving streams: none. Application received December 17, 2003.
54860107R3. Reading Anthracite Company (P. O. Box 1200, Pottsville, PA 17901), renewal of an existing anthracite surface mine, refuse reprocessing and refuse disposal operation in Cass Township, Schuylkill County, affecting 786.0 acres. Receiving streams: none. Application received December 19, 2003.
54830206R4. Meadowbrook Coal Co., Inc. (6690 SR 209, Lykens, PA 17048), renewal of an existing coal refuse reprocessing operation in Tremont Township, Schuylkill County, affecting 11.1 acres. Receiving streams: Stumps Run. Application received December 19, 2003.
54910206R2. Meadowbrook Coal Co., Inc. (6690 SR 209, Lykens, PA 17048), renewal of an existing coal refuse reprocessing operation in Tremont Township, Schuylkill County, affecting 190.0 acres. Receiving streams: Stumps Run. Application received December 19, 2003.
40880101R3. Silverbrook Anthracite, Inc. (1 Market Street, Wilkes-Barre, PA 18702), renewal of an existing anthracite surface mine operation in Newport Township, Luzerne County, affecting 144.2 acres. Receiving streams: none. Application received December 22, 2003.
54880202R3. Morea Cogen, Inc. (46 Public Square, Suite 600, Wilkes-Barre, PA 18701), renewal of an existing coal refuse reprocessing operation in Mahanoy Township, Schuylkill County, affecting 220.8 acres. Receiving streams: none. Application received December 23, 2003.
California District Mining Office: 25 Technology Drive, California Technology Park, Coal Center, PA 15423, (724) 769-1100.
56981301. NPDES Permit No. PA0215121, Que- creek Mining, Inc. (P. O. Box 149, Friedens, PA 15541), to renew and revise the permit for the Quecreek No. 1 Mine in Lincoln and Somerset Townships, Somerset County, to add subsidence control plan acres. SCP Acres Proposed 2206. No additional discharges. Application received October 21, 2003.
33901602. NPDES Permit No. PA0214604, Energy Resources, Inc. (P. O. Box 259, Brockway, PA 15824), to renew the permit for the Brockway Tipple in Snyder Township, Jefferson County and related NPDES Permit. No additional discharges. Application received October 31, 2003.
04971301. NPDES Permit No. 0215074, Rosebud Mining Company (301 Market Street, Kittanning, PA 15201), to transfer the permit for the Beaver Valley Mine in Greene Township and Shippingport Borough, Beaver County, from MJ Mining Company and to change the operation name from MJ Mine No. 1. No additional discharges. Application received November 18, 2003.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
33980102 and NPDES Permit No. PA0227714. Beth Contracting, Inc. (815 Rock Run Road, Glen Campbell, PA 15742-7806). Renewal of an existing bituminous surface strip operation in Gaskill Township, Jefferson County, affecting 32.0 acres. Receiving streams: two unnamed tributaries of East Branch Mahoning Creek (HQ, CWF). The first downstream potable water supply intake from the point of discharge is Pennsylvania American Water Company. Application for reclamation only. Application received December 22, 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.
Knox District Mining Office: White Memorial Building, P. O. Box 669, Knox, PA 16232-0669, (814) 797-1191.
2579302. Bedrock Sand & Gravel, Inc. (10400 Messenger Road, Girard, PA 16417-9210). Renewal of NPDES Permit No. PA0107212, Girard Township, Erie County. Receiving streams: Elk Creek (WWF, MF). There are no potable surface water supply intakes within 10 miles downstream. NPDES Renewal application received December 19, 2003.
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 Southeast Region: Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.
E23-441. B Conservancy, Inc., P. O. Box 141, Chadds Ford, PA 19317, Chadds Ford Township, Delaware County, ACOE, Philadelphia District.
To perform the following activities associated with the Kuerner Farm Pond Restoration Project:
To relocate a reach of an unnamed tributary of Harvey's Run (WWF-MF) through 450 linear feet of new channel by constructing a 2-foot high diversion wall/intake structure and routing flow around an existing drained 0.35-acre reservoir and breach dam.
To remove 500 cubic yards of sediment accumulation from a 0.27-acre portion of the existing drained reservoir and impacting a wetland (PEM) that has developed within the drained reservoir.
The applicant proposes to replace 0.12 acre of wetland impacted by the conversion of this on-stream dam to an off-stream facility as part of the restoration of the Kuerner Farm Pond. The project is approximately 2,000 feet north of the intersection of Ring Road and Bullock Road (Wilmington North, PA Quadrangle N: 21.6 inches: W: 16.6 inches).
Northeast Region: Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790.
E40-629. Mark Development Company, 580 Third Avenue, Kingston, PA 18704 in Dallas Borough, Luzerne County, U.S. Army Corps of Engineers, Baltimore District.
To construct and maintain a stream enclosure of Toby Creek (CWF), consisting of approximately 195 linear feet of 28-foot by 8-foot open-bottomed concrete arch culvert for the purpose of facilitating commercial development. The project includes channel realignment extending approximately 80 feet upstream of the enclosure (incorporating a gabian retaining wall along the right bank and riprap channel protection) and approximately 42 linear feet of riprap channel protection extending downstream of the enclosure. The project is on the west side of SR 0415, at the intersection of SR 0415 and SR 0309 (Kingston, PA Quadrangle N: 14.7 inches; W: 11.0 inches).
Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.
E07-373: Cindy D. Bigelow, R. D. 1, Box 188, Williamsburg, PA 16693 in Catharine Township, Blair County, ACOE Baltimore District.
To place fill within 15 feet of Roaring Run (WWF) for the purpose of constructing a 40-foot by 100-foot equipment shed along Etna Furnace Road within Catharine Township, Blair County (Spruce Creek, PA Quadrangle N: 4.75 inches; W: 10.3 inches).
E07-379: Hollidaysburg American Legion Post 516, 816 Allegheny Street, Hollidaysburg, PA 16648 in Hollidaysburg Borough, Blair County, ACOE Baltimore District.
To build a 72-foot by 60-foot pavilion with associated fill material for a concrete floor to match the elevation of the existing hearth chimneys found within the left floodway of the Beaverdam Branch (TSF) at the site of the former American Legion ''Starroom'' aside of Memorial Park within Hollidaysburg Borough, Blair County (Hollidaysburg, PA Quadrangle N: 10.3 inches; W: 4.3 inches).
Northcentral Region: Water Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.
E14-455. Department of Conservation and Natural Resources, P. O. Box 8451, Harrisburg, PA 17105-8451. Cherry Run Road bridge replacement in Haines Township, Centre County, ACOE Baltimore District (Weikert, PA Quadrangle N: 20.00 inches; W: 14.60 inches).
To remove and existing bridge and to construct and maintain a prestressed spread box beam bridge with a normal span of 22.4 feet and a minimum inlet underclearance of 6.10 feet across Cherry Run (EV-CWF), 2 miles up Cherry Run Road from SR 2003. This project is predicted to impact 150 linear feet of Cherry Run without temporary or permanent wetland impacts.
E55-195. Snyder County Conservation District, 403 West Market Street, Middleburg, PA 17841. Water Obstruction and Encroachment Permit in Penn Township, Snyder County, ACOE Susquehanna River Basin District (Freeburg, PA Quadrangle N: 13.2 inches; W: 3.9 inches).
To construct and maintain two 30-feet long by 5-foot wide concrete beam, wooden deck bridges over an unnamed tributary to Penns Creek (CWF) for the purposes of a nature trail. The project is along SR 0015 north 1.0 mile north of the intersection of SR 0522 and Salem Road in Penn Township, Snyder County. The project does not propose to impact any jurisdictional wetlands.
E60-162. Family Practice Center, PC, Buffalo Valley Shopping Center, 307 East Chestnut Street, Mifflinburg, PA 17844. Project is a business expansion in Kelly Township, Union County, ACOE Baltimore District (Lewisburg, PA Quadrangle N: 18.4 inches; W: 2.4 inches).
The applicant proposes to expand an existing medical practice and increase the parking lot by 12 spaces. The project will disturb approximately 0.47 acre. Proposed impacts to aquatic resources include filling two isolated emergent wetlands totaling 0.08 acre. These wetlands are classified as ''other wetlands'' by the Department and are on a partially developed lot off J. P. M. Road in Kelly Township, just north of Lewisburg and are within the Buffalo Creek watershed. The applicant proposes to replace these wetlands through contribution to the Pennsylvania Wetland Replacement Project.
ACTIONS
THE CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT
FINAL ACTIONS TAKEN FOR NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (NPDES) PERMITS AND WATER QUALITY MANAGEMENT (WQM) PERMITS The Department of Environmental Protection (Department) has taken the following actions on previously received applications for new, amended and renewed NPDES and WQM permits, applications for permit waivers and Notices of Intent (NOI) for coverage under General Permits. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92 and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P. S. §§ 691.1--691.1001) and the Federal Clean Water Act.
Location Permit Authority Application Type or Category Section I NPDES Renewals Section II NPDES New or amendment Section III WQM Industrial, sewage or animal wastes; discharges to groundwater Section IV NPDES MS4 individual permit Section V NPDES MS4 permit waiver Section VI NPDES Individual permit stormwater construction Section VII NPDES NOI for coverage under NPDES general permits Sections I--VI contain actions related to industrial, animal or sewage wastes discharges, discharges to groundwater and discharges associated with municipal separate storm sewer systems (MS4), stormwater associated with construction activities and concentrated animal feeding operations (CAFOs). Section VII contains notices for parties who have submitted NOI for coverage under General NPDES Permits. The approval for coverage under these General NPDES Permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in each general permit. The approval of coverage for land application of sewage sludge or residential septage under applicable general permit is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective permit. The permits and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted before the action.
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.
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