NOTICES

Reliant Energy Northeast Management Company v. DEP; EHB Doc. No. 2008-089-R

[39 Pa.B. 1770]
[Saturday, April 4, 2009]

   The Department of Environmental Protection (Department) and Reliant Energy Northeast Management Company (Reliant) have agreed to a settlement of the this matter.

   The parties have agreed to a settlement, the major provisions of which provide for the publication of a draft of Amendment No. 1 to National Pollutant Discharge Elimination System Permit PA 0002062 (NPDES Permit). As set forth in the settlement, Reliant has agreed not to appeal from the final issuance of Amendment No. 1 to the NPDES Permit.

   Reliant operates a coal-fired steam electric generating plant located in Plumcreek Township, Armstrong County, commonly known as the ''Keystone Power Station.'' On February 28, 2008, the Department issued an NPDES Permit to Reliant authorizing the company to discharge storm water and waste water from several outfalls into the Allegheny River, Crooked and Plum Creeks.

   The draft of Amendment No. 1 to the NPDES Permit authorizes a discharge from a flue gas desulphurization plant by means of a 16-mile pipeline to the Allegheny River at river mile 38.2 through Outfall 101. Outfall 101 in the draft of Amendment No. 1 to the NPDES Permit was formerly designated as Outfall 001 in the NPDES Permit. Effluent limitations for certain parameters at Outfall 101 have been modified. Additional monitoring requirements will be imposed for the discharge from the flue gas desulphuriztion plant. Also, the sample types for mercury and 1, 2 dichloroethene were changed at Outfall 003. In addition, the draft of Amendment No. 1 to the NPDES Permit regulates discharge of pigging wastewater from a newly designated Outfall 201. Finally, the draft of Amendment No. 1 to the NPDES Permit incorporates several minor modifications to the NPDES Permit such as pagination, descriptions of effluent limitations and wastewater sources.

   Copies of the full agreement are in the hands of:

Bruce M. Herschlag
Assistant Regional Counsel
Commonwealth of Pennsylvania
Department of Environmental Protection
Office of Chief Counsel
400 Waterfront Drive
Pittsburgh, PA 15222-4745
(412) 442-4262l

and

Donald C. Bluedorn, II, Esquire
Babst Calland Clements and Zomnir, PC
Two Gateway Center
603 Stanwix Street, Suite 8W
Pittsburgh, PA 15222
(412) 394-5400

and at the offices of the Environmental Hearing Board (Board), and may be reviewed by any interested person on request during normal business hours.

   Any person interested in providing comment to the Board on the proposed Consent Order and Adjudication must do so within 30 days of the date this notice is published in the Pennsylvania Bulletin. Copies of all comments shall also be submitted to the attorney for each party listed previously.

   Any person believing himself aggrieved by the previous settlement has a right to appeal to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457. Appeals must be filed within 30 days of this publication.

   If information concerning this notice is required in an alternative form contact the Secretary to the Board at (717) 783-3483. TDD users may telephone the Board through the Pennsylvania AT&T Relay Service at (800) 654-5984.

   The Board is empowered to approve this settlement if no objection is timely filed with the Board.

THOMAS W. RENWAND,   
Acting Chairperson

[Pa.B. Doc. No. 09-646. Filed for public inspection April 3, 2009, 9:00 a.m.]

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