[45 Pa.B. 2052]
[Saturday, April 25, 2015]
[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—6026.907)
Sections 302—305 of the Land Recycling and Environmental Remediation Standards Act (act) (35 P. S. §§ 6026.302—6026.305) require the 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. A person intending to use the background standard, Statewide health standard, the site-specific standard or intend to remediate a site as a special industrial area shall 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 or a combination of cleanup standards or 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 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 following site, 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 as follows. 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 listed before the notice. 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:
Northcentral Region: Environmental Cleanup & Brown-fields Program Manager, 208 West Third Street, Williamsport, PA 17701
Coal Township Release Site, Sunoco 2013 Coal Township Pipeline Release, Coal Township, Northumberland County. Groundwater & Environmental Services, Inc., 440 Creamery Way, Suite 500, Exton, PA 19341, on behalf of Sunoco Logistics, LP, 4041 Market Street, Aston, PA 19014, submitted a Notice of Intent to Remediate. The primary contaminants of concern are the constituents of unleaded gasoline. The future use of the property is to remain the right-of-way for the pipeline. The Notice of Intent to Remediate was published in The News Item on September 29, 2014.
Gross 2 Tank Battery, Brace Road, Springfield Township, Bradford County. Moody and Associates, Inc., 685 Broad Street Extension, Suite 1, Waverly, NY 14892, on behalf of VAVCO, LLC, 101 Mahood Road Suite 1, Butler, PA 16001, submitted a Notice of Intent to Remediate. The contaminants of concern are inorganics from brine and volatile organics from oil. The intended future use of the property is non-residential. The Notice of Intent to Remediate was published in Towanda Daily Review on January 29, 2015.
Stella Jones, Inc. Dubois Pennsylvania Facility, 392 Larkeytown Road, DuBois, Clearfield County. KU Resources, Inc., 22 South Linden Street, Duquesne, PA 15110 on behalf of Stella Jones, Inc., 2 Gateway Center, Suite 1000, 603 Stanwix Street, Pittsburgh, PA 15222 submitted a Notice of Intent to Remediate. The incident site was impacted with polycyclic aromatic hydrocarbons (PAHs) and carbazole which have been identified in site groundwater. The intended future use of the property is the continued use as a wood treating facility. The Notice of Intent to Remediate was published in the Courier Express/Tri-County on March 12, 2015.
Northeast Region: Eric Supey, Environmental Cleanup and Brownfields Program Manager, 2 Public Square, Wilkes-Barre, PA 18701-1915.
Former Trexler Estate, 4677 Route 309, Upper Saucon Township, Lehigh County. Pennoni Associates Inc., on behalf of LUP4, LLC, 27 Memorial Drive West, Bethlehem, PA 18015, submitted a Notice of Intent to Remediate. Soil and groundwater have been contaminated by leaded and unleaded gasoline due to historical operations at the site. The intended future use of the site is Residential, and the proposed cleanup standard for the site is Site Specific. The Notice of Intent to Remediate was published in The Press Group Newspapers on March 25, 2015.
Southcentral Region: Environmental Cleanup and Brownfields Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110. Phone 717.705.4705.
Former Waynesboro Pipe Manufacturing Facility, 315-317 Hamilton Avenue, Borough of Waynesboro, Franklin County. CB & I Environmental & Infra-structure, Inc., 2790 Mosside Boulevard, Monroeville, PA 15146, on behalf of Waynesboro Pipe Products, c/o Invensys LLC, 33 Commercial Street, Foxboro, MA 02035, submitted a Notice of Intent to Remediate site soils and groundwater contaminated with Arsenic and PCBs. The site will be remediated to the Residential Statewide Health Standard. Future use of the site is unknown. The Notice of Intent to Remediate was published in the Record Herald on March 5, 2015.
Southwest Region: Environmental Cleanup & Brown-field Development Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
Speedway Store #2904, 105 North Center Avenue, Borough of New Stanton, Westmoreland County. Cardno ATC, 103 North Meadows Drive, Suite 211, Wexford, PA 15090 on behalf of Speedway, LLC., 500 Speedway Drive, Enon, OH 45323 has submitted a Notice of Intent to Remediate to meet the non-residential Statewide Health Standard concerning site soils and groundwater contaminated with semi-volatile organic compounds and volatile organic compounds (SVOC's & VOC's), heavy metals and metals. Future use of the property will be a retail petroleum facility. Notice of the NIR was published in the Pittsburgh Post-Gazette on March 25, 2015.
REGULATED MEDICAL WASTE TRANSPORTER LICENSES
Applications received or withdrawn under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003) and Act 93 of June 28, 1988 (P. L. 525, No. 93) and regulations to transport infectious and chemotherapeutic waste.
Central Office: Bureau of Waste Management, Division of Hazardous Waste Management, PO Box 69170, Harrisburg, PA 17106-9170
New Applications Received
Smith Systems Transportation, Inc., P. O. Box 2455, Scottsbluff, NE 69361. License No. PA-HC 0262. Received on September 14, 2014.
Northeast Pennsylvania Cremation Services, Inc., 143 Gravity Road, Lake Ariel, PA 18436. License No. PA-HC 0261. Received on November 22, 2014.
Safeguard Waste Solutions, Inc., 6 Brown Road, Albany, NY 12205. License No. PA-HC 0263. Received on January 14, 2015.
Renewal Applications Received
Stericycle, Inc., 1525 Chestnut Hill Road, Morgantown, PA 19543. License No. PA-HC 0196. Received on January 27, 2015.
Bio-Team Mobile, LLC, 6 East Kendig Road, Willow Street, PA 17584. License No. PA-HC 0225. Received on February 3, 2015.
Image First Medical Waste Services, 900 East Eight Avenue, Suite 300, King Of Prussia, PA 19406. License No. PA-HC 0255. Received on February 18, 2015.
Daniels Sharpsmart, Inc., 111 West Jackson Blvd, Suite 720, Chicago, IL 60604. License No. PA-HC 0254. Received on February 24, 2015.
Secured Med Waste, LLC, 3113 Lauren Hill Drive, Finksburg, MD 21048. License No. PA-HC 0241. Received on March 2, 2015.
Alpha Bio/Med Services, LLC, 3246 Lincoln Highway East, Paradise, PA 17562. License No. PA-HC 0234. Received on April 6, 2015.
OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE
Permit(s) Approved Under the Solid Waste Management Act, the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101—4000.1904) and Regulations to Operate a Solid Waste Processing or Disposal Area or Site.
Northeast Region: Regional Solid Waste Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790
Permit No. 100020. IESI PA Bethlehem Landfill. 2335 Applebutter Rd, Bethlehem, PA 18015. A permit modification authorizing the increase in daily volume and expansion of this municipal waste landfill located in Lower Saucon Township, Northampton County. This permit was issued on the Regional Office on April 18, 2003 with an expiration date of April 18, 2013.
In accordance with § 271.142 (a)(4), the Department of Environmental Protection (DEP) will publish a notice in the Pennsylvania Bulletin of justification of overriding county or host municipality recommendations regarding an application for a permit modification under section 504 of the act.
Permit No. 100020. IESI PA Bethlehem Landfill. The following is the DEP's justification of overriding the host municipality's, Lower Saucon Township (LST) recommendations. A more detailed summary of all comments received and how they were considered is included in a Comment Response Document issued concurrent with the Phase IV Expansion Permit.
1. In accordance with new DEP regulations with regard to Stormwater management, it is recommended that, in addition to the standard Developer's Improvements Agreement for initial Stormwater system improvements and security, a separate ''Covenant'' running with the land, be entered into to identify the long-term maintenance responsibilities the landowner has to maintain storm control basins and Stormwater piping at this property (MS 4—Requiring Best Management Practices and Identification of Maintenance Responsibilities). IESI has an NPDES General Permit, #PAR502205, and is obligated to follow all requirements of that permit. The model ordinance (currently in draft form) is provided to MS-4 communities to aid in the implementation of their Stormwater control programs. The standard Developer's Improvement Agreement referred to is part of that model ordinance. The Department has no authority to enforce the conditions of host agreements or approvals and therefore cannot require a ''Covenant''. LST may enter into a separate ''Covenant'' running with the land if they chose to do so.
2. LST believes that two additional groundwater monitoring wells are warranted in the northeast corner of the permit area to define the groundwater contamination in Well CO-1. The need to show locations of the groundwater wells on all plans sheets in order to identify any potential land development conflicts. DEP has reviewed the need for additional monitoring wells in the northeast corner of the site and has concluded that no additional monitoring wells are needed in this area. All groundwater monitoring wells permitted by this action are shown on the applicable plan sheets.
3. Groundwater Assessment North Slope area has never been satisfactorily completed. LST continues to be concerned about the pollution of GW along the north and northeast sides of the Landfill and asks, again, that LST seek the Department's support of GW assessment studies, as recommended in the Neversink Environmental, Inc. letter dated 2/2/03. A groundwater assessment was conducted for the North Slope area by Gannett Flemming in a report dated 1996. The groundwater monitoring plan that has been in effect since 1993 is being modified as part of this permit modification issuance and will continue to be monitored. There is no evidence of contamination in this area that would warrant an additional groundwater assessment.
4. Compliance with Existing DEP Permit # 100020 Conditions (November 9, 1993). LST identified a number of permit conditions listed in IESI's current permit that must be complied with. All permit conditions remain in effect unless specifically modified in the Phase IV permit modification. No outstanding compliance issues exist. The following LST comment warrants further clarification of the permit condition by the DEP.
a. Compliance with permit section IX-2 (page 34 of 68) that requires IESI to conduct periodic training sessions with the local police, emergency squads and the city fire departments. This permit condition does not impose any requirement that IESI conduct periodic training sessions with the local police, emergency squads and the city fire departments.
5. Conditions Prior to Permit Issuance. LST has requested that the following technical issues should be finalized prior to the issuance of the permit:
a. IESI should provide the consolidated conforming permit application document package as their application (not as a condition of the permit). This consolidation and conforming application package should be distributed by IESI and DEP for formal review in accordance with DEP regulations and Township and IESI agreements. As part of the approval of the Phase IV expansion area, IESI will be required to submit to the Department a complete consolidated permit application package inclusive of all plan and narrative revisions that were submitted throughout the permit application package as a condition of permit issuance. This document does not change what was previously submitted, but consolidates all revisions into one document. It is not necessary to conduct another formal review of this document prior to permit issuance.
b. The draft ''permit'' should be distributed to IESI and Lower Saucon Township for Final Comments at least sixty (60) days prior to issuance to help preclude the necessity to file an appeal by IESI or the Township on minor wording adjustments that might be agreeable to IESI, the Township, and DEP. The Phase IV expansion is a major permit modification. As such, all conditions of the existing permit remain valid unless specifically modified. Therefore, it is unnecessary for the DEP to distribute the draft approval for this modification prior to issuance.
6. Recommended Final Permit Conditions. LST has requested that the following final permit conditions should be included with the issuance of the permit:
a. The Permittee shall follow all provisions of the Host Community Agreement and any other ''conditions'' or provisions in the Township approvals or permits. The DEP has no authority to enforce the Host Community Agreement, as this is an agreement between IESI and Lower Saucon Township. This condition is not appropriate.
b. The Permittee shall obtain DEP approval of their radiation protection plan and shall install all associated monitoring and protection equipment and shall train all appropriate personnel for implementation action of this plan prior to accepting any waste in Phase IV. The approval of the Phase IV expansion application includes the approval of the radiation protection plan. The permit gives four months to order and install the radiation monitoring equipment and enact the implementing procedures. The proposed condition is not appropriate.
c. The permittee shall notify LST and the DEP within 24 hours of the discovery of carbonate geology in the uppermost geologic unit, anywhere in the permitted area. The Permittee shall cease work and consult with DEP and the Township if carbonate geology is encountered during the installation of the proposed groundwater monitoring wells or earthmoving activities. This issue was reviewed during the review of the application for the current permit issued on November 9, 1993. It has also been addressed by the applicant in the August 3, 2000, expansion application. The information clearly documents that carbonate geology does not underlie the site. Regardless, it is IESI's responsibility to identify and immediately report any encounters with carbonate geology if any is found. The DEP does not recognize the need to re-iterate a condition that is at least as stringent as what is stated as a condition in a local approval.
d. The permittee shall notify Lower Saucon Township 48 hours prior to the drilling of any abatement and/or monitoring well and shall allow the Host Municipal Inspection and Township Geologist to be present during the drilling operation. Condition #13 of the IESI permit requires IESI to notify the DEP two weeks prior to any major construction activities. LST is copied on all correspondence between IESI and the DEP per the Host agreement. Therefore, no additional permit condition is necessary.
e. The Permittee shall provide a certification for a Pennsylvania Registered Professional Engineer (P.E.) that the liner ''interface friction angle'' meets the requirements of the stability analysis, which was submitted as part of the permit application. This certification shall be submitted to DEP and Lower Saucon Township before the Permittee proceeds with liner construction. IESI has indicated that all actual construction materials have been tested and that they meet or exceed the minimum friction angles that have been utilized in the stability analysis. All construction activities are certified by a P.E. via a Construction Certification. LST is copied on all correspondence from IESI to the DEP. Submission of this additional certification is not necessary.
f. The Permittee shall provide documentation that monitoring well CO-1 meets the requirements of the DEP Municipal Waste Regulations § 273.283, Standards for Wells and Casings of wells. If the permittee cannot provide that documentation, a replacement well (meeting that criteria) shall be provided to the acceptance of any waste in Phase IV. The construction log for CO-1 was submitted to the DEP as part of the North Slope Groundwater Assessment Report in 1996. The DEP has determined that the monitoring well was properly reconstructed and included within the groundwater monitoring network. This permit condition is not necessary.
g. The Permittee shall complete the North Slope and northeastern groundwater assessment pursuant to the existing November 9, 1993 permit conditions within 365 days of the issuance of this permit. The DEP has determined that additional groundwater assessment is not necessary for the North Slope area as addressed in #2 and #3 above. This permit condition is not necessary.
h. The Permittee shall not allow any reduction in the extent of the continuous hydraulic barrier currently maintained by the existing thirteen (13) abatement wells. Any abatement wells proposed to be removed (i.e., AB-11 and AB-12) shall be replaced. IESI has indicated and the DEP has concurred that abatement wells AB-11 and AB-12 will continue to be operated during the active disposal activities of cells 4A and 4B. Prior to construction of cell 4C, IESI will submit a report containing an evaluation of all groundwater data up to that point. DEP will then render a decision if abatement wells AB-11 and AB-12 could be decommissioned or if they need to be relocated outside and down gradient of the Phase IV disposal area.
i. The Permittee shall perform quarterly sampling of the former Dalrymple well for all listed DEP parameters. The Dalrymple well is not located within the permit boundary or part of the current or proposed groundwater monitoring system. As such it is unnecessary to require quarterly sampling of this well.
j. The Permittee shall monitor the wells on the properties now or formerly of Bowen, Hahn, Klotz, Gardner, in accordance with the requirements of Act 101 even though the properties are not adjacent to the Permittee's facility and even though one or more may be owned by the Permittee. IESI has indicated in their February 3, 2003 response that ''To the extent the owners of those private wells in the area of the Landfill desire to have IESI continue to undertake Act 101 testing of their private water supplies, IESI has and will continue to perform such testing.'' The proposed permit condition exceeds the letter and intent of the Act 101 contiguous well testing provisions and is therefore inappropriate.
k. The Permittee shall not conduct any landfill related activities on the properties now or formerly owned by Dalrymple, Mulliken, Fox, or Klotz or other properties the owner may purchase. The Phase IV expansion application does not propose conducting any landfill related activities on these properties, and Phase IV permit approval does not include these properties. Therefore, this permit condition is unnecessary.
l. The Permittee shall implement the ''Transportation Compliance Plan'' (TCP) and shall provide monthly reports to the DEP and to Lower Saucon Township to document the effectiveness of the ''Transportation Compliance Plan.'' As part of the reporting requirements, all traffic related incidents and the action taken by the Permittee to remedy/correct these incidents should be formally reported. Monthly reporting is not required by regulation or called for in the TCP. The DEP requires IESI to keep this information as part of the landfill's daily operating records. These records are available to DEP upon request, as well as the host municipal inspector. This permit condition is inappropriate.
m. The Permittee shall not accept any waste from a truck driver or waste hauling company that use the Freemansburg Bridge to access or leave the landfill site, except for local municipal solid waste collection trucks. DEP, the Freemansburg Police, the Lower Saucon Township Police, and/or the Host Municipal Inspector shall be permitted to identify whether or not a violation of this restriction has occurred and, if it has on 3 or more times, this condition shall be considered a permit violation under DEP regulations. The amount of any DEP fine that may be paid separately by the Permittee to the DEP, based upon a violation of this nature, shall also be paid separately to the LST and to the Borough of Freemansburg. Each 3 violations shall be considered as a separate permit violation. The TCP has been approved and incorporated into the permit as part of the permit application. The DEP will take enforcement action as appropriate if trucks do not follow the approved haul routes. In regards to monetary payments to Lower Saucon Township and the Borough of Freemansburg for any violations of the DEP permit or regulations, the DEP cannot support such a request.
n. The Permittee shall provide an annual certification provided by a Registered Professional Engineer, based upon noise testing of the landfilling operation for a typical days operation, that the noise leaving the landfill property does not exceed Lower Saucon Township regulatory levels and/or any DEP regulatory levels. This annual certification is not necessary. IESI has demonstrated to the satisfaction of the DEP that noise will not exceed LST regulatory levels. Should noise become a nuisance, the DEP can require IESI to investigate and take corrective action as necessary. The DEP does not have any regulatory requirements for noise and as such, this permit condition is inappropriate.
o. The Permittee shall provide ten (10), $1,000 Environmental Scholarships per year to the students of three (3) area schools. IESI has listed these scholarships as a benefit of the approved Phase IV expansion application and is fully expected to offer them. Permit condition #16 requires IESI to give quarterly status reports of the benefits relied upon during the review of this application. DEP believes these factors to be adequate safeguards to insure that the benefit will occur.
p. The Permittee shall provide emergency management capabilities (personnel and equipment) to the Lower Saucon Township in time of need. IESI has listed emergency management capabilities as a benefit of the approved Phase IV expansion application and is fully expected to offer them. Permit condition #16 requires IESI to give quarterly status reports of the benefits relied upon during the review of this application. DEP believes these factors to be adequate safeguards to insure that the benefit will occur.
q. The Permittee shall replace any designated wetland that is damaged or lost by the long-term operation of the landfill on site or off site. If the construction of replacement wetlands are not possible on site, then the Permittee shall financially assist Lower Saucon Township or any other responsible agency approved by Lower Saucon Township for their use in creating, purchasing, or protecting other wetlands within Lower Saucon Township, to a limit of $10,000 per acre of any such wetland damaged or lost. The plans for the Phase IV expansion do not call for any impacts to wetlands. Therefore this permit condition is unnecessary.
r. The Permittee shall conduct two (2) quarters of prefill monitoring for any new monitoring wells constructed. The existing groundwater monitoring system has already characterized the groundwater aquifer in the Phase IV expansion area. No prefill monitoring of any particular length of time is required.
s. The Permittee shall provide LST with automatic updates of the Permittee's ''Compliance History'' within thirty (30) days of any update. Updates to the Permittee's Compliance History are routinely distributed in their annual operations report to the DEP, and at times more frequently. LST receives a copy of the annual reports as well as any other correspondence from IESI to the DEP. It is unnecessary to require more frequent updates of the compliance history.
t. The Permittee shall receive all applicable Host Municipal Zoning and Land Development Plan approvals prior to construction and/or use of Phase IV for waste disposal. It is IESI's responsibility to follow all provisions of the Host Community Agreement. The DEP has no authority to enforce the Host Community Agreement, as this is an agreement between IESI and Lower Saucon Township. This condition is inappropriate.
u. The Permittee shall transfer undertake waste characterization of the woodfill area to identify: the areal extent of the waste; depth of the waste; and character, type, and nature of the waste. This shall be completed with a report of the results provided to the DEP and LST prior to placement of any waste in cell 4-B. If the DEP's review of the waste characteristics results in a finding that the waste must be capped and be removed, then IESI shall provide the engineering design, major permit modification and shall undertake that activity on a schedule approved by the DEP. The woodfill area was previously subjected to an extensive investigation that was prepared by Gannett Fleming, Inc. in 1994. The DEP does not believe that sufficient evidence exists to warrant another study of the woodfill area at this time.
7. In a letter received by the DEP on March 31, 2003, LST identified several technical review comments related to the Modification for Radiation Protection that was issued as part of the Phase IV expansion permit. The comments were addressed previously either by IESI with it's January 24, 2003 submittal, or by DEP in it's December 17, 2002 letter to LST. The Department believes no additional response is necessary.
8. LST requested the following conditions be made part of the Major Modification for Radiation Protection plan in a letter received by the DEP on March 31, 2003. The Modification for Radiation Protection was issued as part of the Phase IV expansion permit:
a. That the forthcoming ''implementing procedures'' document which IESI and DEP have referred to are provided to the LST for official review, allowing LST to issue comments to the DEP as part of the application review process. That the ''implementing procedures'' address all previous technical comments made by LST, which to this point have been considered outside of the scope of DEP requirements for the ''Plan''. The final approved ''implementing procedures'', having considered all LST comments and concerns should be identified as written ''conditions'' of the permit modification that would be issued by DEP. Implementing procedures will be developed by IESI after the Radiation Protection system has been installed and calibrated, and is not part of the technical review of this application. These procedures are not necessarily in the form of a written document that can be submitted to the DEP, and this is not going to be required of IESI.
b. That all monitoring equipment be installed, tested fully operations, and in use per the approved ''implementing procedures'' prior to acceptance of any waste in the Phase IV expansion area (if the expansion is approved). This condition is requested as a written condition on the Phase IV expansion permit modification that would be issued by DEP. This was addressed in 6b above.
c. That LST is notified ''at the time of any alarm''. This condition is requested as a written condition on the permit modification that would be issued by DEP. IESI must notify the DEP by fax or e-mail at the time of any alarm. As LST is copied on all correspondence to the DEP, it is unnecessary to include this as a permit condition.
d. That IESI notify LST of radiation protection training sessions and allow LST participation (up to two (2) individuals) at the sessions with no charge to LST. This is beyond the scope of what the DEP can require in its permit.
e. Where the DEP may refuse to list the above permit conditions within the permit modification document; LST will then enter into re-negotiations of the Host Agreement to ensure these conditions are met. LST is free to re-negotiate its host agreement as it sees fit. The DEP will not make this a permit condition.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS The 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 general public. This approach allows the owner or operator of a facility to submit permitting documents relevant to its application for all sources related to a facility or a proposed project, affords an opportunity for public input, and provides for a decision on the issuance of the necessary permits.
The Department received applications for Plan Approvals or Operating Permits from the following facilities.
Copies of the application, the Department's analysis, all pertinent documents used in the evaluation of the application and subsequently prepared proposed plan ap-provals/operating permits are available for public review during normal business hours at the appropriate Department Regional Office. Appointments for scheduling a review must be made by calling the appropriate Department Regional Office. The address and phone number of the Regional Office is listed before the application notices.
Persons wishing to file a written protest or provide comments or additional information, which they believe should be considered prior to the issuance of a permit, may submit the information to the Department's Regional Office. A 30-day comment period from the date of this publication will exist for the submission of comments, protests and information. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval/Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the permit.
A person wishing to request a hearing may do so during the 30-day comment period. A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted based on the information received. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper, the Pennsylvania Bulletin or by telephone, when the Department determines this type of notification is sufficient. Requests for a public hearing and any relevant information should be directed to the appropriate Department Regional Office.
Permits issued to the owners or operators of sources subject to 25 Pa. Code Chapter 127, Subchapter D or E, or located within a Title V facility or subject to 25 Pa. Code § 129.51(a) or permits issued for sources with limitations on their potential to emit used to avoid otherwise applicable Federal requirements may be submitted to the United States Environmental Protection Agency for review and approval as a revision to the State Implementation Plan. Final Plan Approvals and Operating Permits will contain terms and conditions to ensure that the sources are constructed and operating in compliance with applicable requirements in the Air Pollution Control Act (35 P. S. §§ 4001—4015), 25 Pa. Code Chapters 121—145, the Federal Clean Air Act (42 U.S.C.A. §§ 7401—7671q) and regulations adopted under the Federal Clean Air Act.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office listed before the application. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
Contact: Mark R. Gorog, P.E., Environmental Engineer Manager—Telephone: 412-442-4150
11-00356: EQT, (625 Liberty Avenue, Suite 1700, Pittsburgh, PA 15212) Application for Plan Approval PA-11-00356D was received on March 23, 2015 to request authorization to change the allowable hours of operation for the five engines located at the Allegheny Valley Connector—Rager Mountain/Laurel Ridge Station located in Jackson Township, Cambria 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.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
Contact: Mark R. Gorog, P.E., Environmental Engineer Manager—Telephone: 412-442-4150
04-00699: In accordance with 25 Pa. Code §§ 127.44—127.46, the Pennsylvania Department of Environmental Protection (DEP) is providing notice that it intends to issue an Air Quality Plan Approval PA-04-00699H to NGC Industries, LLC (168 Shippingport Hill Road, Shippingport, PA 15077) to allow an increase in production hours of eXP wallboard to 1,500 hours/year and silicon XP wallboard to 2,500 hours/year at their existing wallboard manufacturing plant located in Shippingport Township, Beaver County.
Previously installed equipment includes a board dryer kiln consisting of four (4) Lex Ultra low NOx emission burners of various capacities. Zone 1 and 2 are rated at 60 MMBtus/hr, zone 3 is rated at 30 MMBtus/hr, and zone 4 is rated at 15 MMBtus/hr. Potential emissions from the project are based on the proposed number of hours of wallboard production.
The project will result in a modification of the existing facility with a net increase of 33.0 tpy of VOC and 6.8 tpy of HAP. Upon authorization of this plan approval the facility will have a potential to emit 38.0 tons of VOC and 8.0 tons of HAP on an annual basis. The facility is subject to applicable requirements of 40 CFR Part 60 Subpart UUU, and 25 Pa. Code Chapters 121—145. The proposed Plan Approval includes a limitation on production hours and potential emissions, as well as monitoring, record keeping, reporting, work practice, and stack testing requirements.
A person may oppose the proposed plan approval by filing a written protest with the Department through Jesse Parihar via the U.S. Postal Service to Pennsylvania Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222; email to jparihar@pa.gov; or fax to 412.442.4194. Additional written comments may also be submitted. Each protest or set of written comments must contain the name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval (PA-04-00699H), and a concise statement of the objections to the plan approval issuance and the relevant facts upon which the objections are based.
NGC's Plan Approval application, the Department's Air Quality Review Memorandum, and the Proposed Air Quality Plan Approval for this project are available for review by any interested party at the Pennsylvania Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222. To request a review of the NGC Plan Approval Application, to receive an electronic copy of the Department's Air Quality Review Memorandum, or to receive an electronic copy of the Department's proposed air Quality Plan Approval for this project, a person may contact Phil Bouse at pbouse@pa.gov or 412.442.4000.
A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the information received. All persons who have properly filed a protest under 25 Pa. Code § 127.46 may appear and give testimony. The applicant, the protestant and other participants will be notified of the decision to hold a hearing by publication in the newspaper or by the Pennsylvania Bulletin, or by telephone, where the Department determines such notification by telephone is sufficient.
All comments must be received prior to the close of business 30 days after the date of this publication.
32-00200A: PA State System of Higher Eduction/IUP (525 Pratt Drive, Indiana, PA 15705) Notice is hereby given in accordance with 25 Pa. Code §§ 127.44—127.45 that the Department of Environmental Protection (''Department'') intends to issue Air Quality Plan Approval: PA-32-00200A to PA State System of Higher Eduction/IUP (''IUP'') for the installation of oxidation catalysts on four existing reciprocating internal combustion engines (RICE) at the S.W. Jack Cogeneration Plant located in Indiana Borough, Indiana County.
Potential to emit (PTE) changes from installation of oxidation catalysts are calculated to be decreases of 290 tons of carbon monoxide (CO), 22 tons of volatile organic compounds (VOC), 25 tons of formaldehyde, and 30 tons of total hazardous air pollutants (HAP) per year. Oxidation catalysts are being installed to control CO emissions and comply with a CO emission limit of 23 ppmvd at 15% oxygen or a CO reduction of 70%. This requirement, and all other applicable requirements of 40 CFR Part 63 Subpart ZZZZ are being incorporated into this plan approval. PTE from the facility after installation of the oxidation catalysts will be 1,073 tons of nitrogen oxides (NOx); 166 tons of CO; 90 tons of VOC; 25 tons of particulate matter less than 10 microns in diameter (PM10); 15 tons of sulfur dioxide (SO2); 43 tons of HAP including 25 tons of formaldehyde, 6 tons of acetaldehyde, and 4 tons of acrolein; and 196,000 tons of carbon dioxide equivalents (CO2e).
A person may oppose the proposed plan approval by filing a written protest with the Department through Alan Binder via the U.S. Postal Service to Pennsylvania Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222; email to abinder@pa.gov; or fax to 412.442.4194. Additional written comments may also be submitted. Each protest or set of written comments must contain the name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval (PA-32-00200A) and a concise statement of the objections to the plan approval issuance and the relevant facts upon which the objections are based.
A public hearing may be held, if the Department, in its discretion, decides that such a hearing is warranted based on the information received. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing in writing or by publication in the newspaper and the Pennsylvania Bulletin, or by telephone, where the Department determines such notification by telephone is sufficient.
IUP's Plan Approval application, the Department's Air Quality Review Memorandum, and the Proposed Air Quality Plan Approval for this project are available for review by any interested party at the Pennsylvania Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222. To request a review of the IUP Plan Approval Application, to receive an electronic copy of the Department's Air Quality Review Memorandum, or to receive an electronic copy of the Department's proposed air Quality Plan Approval for this project, a person may contact Phil Bouse at pbouse@pa.gov or 412.442.4000.
All comments must be received prior to the close of business 30 days after the date of this publication.
OPERATING PERMITS
Intent to Issue Title V Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.
Southcentral Region: Air Quality Program, 909 Elmer-ton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver, Regional Air Quality Manager, Telephone: 717-705-4702
36-05029: High Steel Structures, Inc. (1915 Old Philadelphia Pike, Lancaster, PA 17605) to issue a Title V Operating Permit for the steel girder manufacturing facility located in East Lampeter Township, Lancaster County. The actual emissions from the facility in 2013 year are estimated at 1.52 ton of NOx, 1.07 ton of PM, 42.38 tons of VOCs and 9.17 tons of HAPs. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 40 CFR Part 63 Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products and 40 CFR Part 63 Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.
07-05001: Appvion, Inc. (100 Paper Mill Road, Roaring Spring, PA 16673-1488) to renew a Title V Operating Permit for their Kraft pulp and paper production facility in Roaring Spring Borough, Blair County. The actual emissions from the facility in 2013 are estimated at 414.4 tpy of CO, 378.2 tpy of NOx, 834.6 tpy of SOx, 114.6 tpy of PM-10, 79.9 tpy PM-2.5, 89.7 tpy of VOC and 37.5 tpy HAPs. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 40 CFR 60 Subpart BB—Standards of Performance for Kraft Pulp Mills, 40 CFR 63 Subpart MM—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semi-chemical Pulp Mills, 40 CFR 63 Subpart DDDDD—National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial and Institutional Boilers and Process Heaters, and 40 CFR 63 Subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.
67-05001: Magnesita Refractories Company (425 South Salem Church Road, York, PA 17408) to issue a Title V Permit renewal for their non-clay refractory products manufacturing plant in West Manchester Township, York County. Reported plant emissions for 2013 included 3,064 tons of nitrogen oxides (NOx), 1,464 tons of sulfur oxides (SOx) and 44 tons of particulate matter (PM). The Title V Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the permit conditions include provisions derived from the following 40 CFR Part 63, National Emission Standards for Hazardous Air Pollutants subparts: Subpart AAAAA—Lime Manufacturing Plants, Subpart SSSSS—Refractory Manufacturing, Subpart ZZZZ—Stationary Reciprocating Internal Combustion Engines, and Subpart DDDDD—Industrial, Commercial, and Institutional Boilers and Process Heaters.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745
Contact: Barbara Hatch, Facilities Permitting Chief—Telephone: 412-442-4174
65-00163: Pennsylvania Department of Human Services (121 Longview Drive, Derry, PA 15627), for a facility-wide Title V Operating Permit renewal for the operation of the Torrance State Hospital, located in Derry Township, Westmoreland County. The facility contains air contamination sources consisting of two limited-use coal-fired boilers (45 & 17 MMBtus/hr, each), two natural gas-fired boilers with distillate oil backup (14.04 & 32.10 MMBtus/hr, each), eight emergency diesel engines (1,300-bhp total, largest engine 298-bhp), and five emergency LPG diesel engines (112-bhp total). Facility emissions are 109.6 tons of SO2, 26.9 tons of NOx, 10.0 tons of CO, 12.8 tons of PM10 and 1.8 ton of VOC per year. The coal fired boilers are equipped with Breslove Separators to control particulate. The NG-fired boilers have low NOx burners. The facility is limited to a maximum opacity from any processing equipment of 20 percent. The facility is subject to 40 CFR Part 60, Subpart Dc, Part 63, Subpart JJJJJJ, Part 98, and Pa. Code Title 25, Chapters 121—145. The permit includes emission and operational limitations, monitoring, testing, reporting, and recordkeeping requirements for the facility.
Intent to Issue Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2507
45-00004: Tobyhanna Army Depot (11 Hap Arnold Boulevard, Tobyhanna, PA 18466-5002) for the operation of a commercial and service industry and supply facility in Coolbaugh Township, Monroe County. The sources consist of boilers, generators, painting/coating operations, metal fabrication and finishing operations. The sources are controlled by panel filters, baghouses, cyclones, and scrubbers. This is a renewal of a State-Only operating permit. The State-Only operating permit includes emission limits, work practice standards, testing, monitoring, recordkeeping and reporting requirements designed to keep the facility operating within applicable air quality requirements.
48-00044: Just Born, Inc. (1300 Stefko Boulevard, Bethlehem, PA 18017-6672) for the operation candy manufacturing facility in the City of Bethlehem, Northampton County. The sources consist of cooking casting and molding operations. The particulate emissions from the sources are controlled by dust collectors. This is a renewal of a State-Only operating permit. The State-Only operating permit includes emission limits, work practice standards, testing, monitoring, recordkeeping and reporting requirements designed to keep the facility operating within applicable air quality requirements.
64-00014: Haines and Kibblehouse, Inc. (PO Box 1467, 2052 Lucon Road, Skippack, PA 19474-1467) for the operation of a sand and gravel processing plant in Palmyra Township, Wayne County. The sources at the facility consist of three (3) crushers, two (2) screens, and twenty (20) conveyors. The particulate emissions are controlled by water sprays. This is a renewal of a State-Only operating permit. The State-Only operating permit includes emission limits, work practice standards, testing, monitoring, recordkeeping and reporting requirements designed to keep the facility operating within applicable air quality requirements.
Southcentral Region: Air Quality Program, 909 Elmer-ton Avenue, Harrisburg, PA 17110
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Lisa Dorman, New Source Review Permitting Chief—Telephone: 717-705-4863 or William Weaver, Regional Air Quality Manager, Telephone: 717-705-4702
06-03048: Fusion Coatings, Inc. (932 West Penn Avenue, P. O. Box 224, Robesonia, PA 19551) to issue a State Only Operating Permit for the Robesonia Plant located in Heidelberg Township, Berks County. The actual emissions from the facility in 2012 were one ton of VOC. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 25 Pa. Code § 129.63.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481
Contact: Edward Orris, New Source Review Chief—Telephone: 814-332-6131
37-00008: Ellwood City Forge (800 Commercial Avenue, Ellwood City, PA) for a Synthetic Minor Permit to operate a steel forging operation located in Ellwood City Borough, Lawrence County. This plant has restrictions on Nitrogen Oxide emissions to qualify for a Synthetic Minor Operating Permit.
Source ID: 610—8 KW Emergency Generator and Source ID: 630—40 KW Emergency Diesel Generator are subject to the newly promulgated requirements of 40 CFR 63, Subpart ZZZZ—National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines. The latest version of that subpart has been attached to those sources.
Source ID: 640—20 KW Emergency Natural Gas Generators (5) must meet the requirements of 40 CFR Part 60, Subpart JJJJ, for spark ignition engines. The requirements of that subpart have been attached to the source. The potential emissions from this facility are as follows. (All values are in tons/year.) PM10 = 16.1., PM2.5 = 8.2, SOx = 0.43, NOx = 90.0, VOC = 4.9, CO = 55.3, CO2e = 54,000.
37-00271: Allegheny Mineral Corporation Princeton Plant, (PO Box 1022, One Glade Park East, Kittanning, PA 16201), to issue a renewal State Only Operating Permit for the facility located in Slippery Rock Township, Lawrence County. The facility is a Natural Minor. The facility processes limestone. The primary sources at the facility include a dry crushing and screening process and a wet crushing and screening process. The facility is subject to 40 CFR 60 Subpart OOO—Standards of Performance for Nonmetallic Mineral Processing Plants and the applicable requirements have been included in the renewal permit. Potential particulate emissions from the facility are estimated at approximately 52.2 TPY based on 1,000,000 tons of production. The potential PM-10 emissions are approximately 26.2 TPY. The potential PM2.5 emissions are 1.1 TPY. The renewal permit also contains emission restrictions, recordkeeping, work practice, and additional requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act.
61-00034: Franklin Industries Co, (PO Box 671, Franklin, PA 16323) to issue the renewal of the State Only Operating Permit for the facility located in the City of Franklin, Venango County. The primary sources at the facility include natural gas combustion for building heat; a natural gas fueled walking beam furnace; natural gas combustion for scarfing activities; a 1.5 million Btu/hr natural gas fueled pre-heat oven; a 2.5 million Btu/hr natural gas fueled drying oven; a 4 million Btu/hr natural gas fueled drying oven; 2 dip coating lines; a flow coating line; and 5 cold degreasing parts washers. The facility is a Synthetic Minor due to the potential VOC emissions from the coating lines and the permit contains conditions for limiting those VOC emissions to not more than 47 tons per year. Potential emissions for all other criteria pollutants are below the major source thresholds. The renewal permit contains emission restrictions, recordkeeping, work practice, and additional requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act.
PLAN APPROVALS
Receipt of Plan Approval Applications and Intent to Issue Plan Approvals, and Intent to Issue Amended Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter B And Subchapter F. These actions may include the administrative amendments of an associated operating permit.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2507
Notice is hereby given in accordance with 25 Pa. Code §§ 127.44(a) and 127.45(a), that the Department of Environmental Protection (DEP) has received and intends to issue a Plan Approval to Dixie Consumer Products LLC (605 Kuebler Road, Easton, PA 18040-9282) for their facility located in Forks Twp., Northampton County. This Plan Approval No. 48-00031B will be incorporated into the company's Synthetic Minor Permit 48-00031 through an administrative amendment at a later date.
Plan Approval No. 48-00031B is for the installation and operation of six (6) additional new cup forming machines. Particulate emissions generated by these machines will be controlled by two (2) existing cyclones. Potential particulate emissions increase from these machines is estimated to be 3.2 tons/year. The addition of these machines will increase VOC emissions from the facility's flexographic operations by 5.2 tons/year. The company shall be subject to and comply with 25 Pa. Code § 123.41 for visible emissions. Particulate emissions from the cyclone will be less than 0.02 grain/dscf and will meet BAT requirements for these sources. The Plan Approval and Operating permit will contain additional recordkeeping and operating restrictions designed to keep the facility operating within all applicable air quality requirements. Copies of the application, DEP's analysis and other documents used in the evaluation of the application are available for public review during normal business hours at Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18701.
Any person(s) wishing to provide DEP with additional information, which they believe should be considered prior to the issuance of this permit, may submit the information to the address shown in the preceding paragraph. Each written comment must contain the name, address and telephone number of the person submitting the comments, identification of the proposed permit No.: 48-00031B and a concise statement regarding the relevancy of the information or objections to the issuance of the permit.
A public hearing may be held, if the Department of Environmental Protection, in its discretion, decides that such a hearing is warranted based on the comments received. All persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper or the Pennsylvania Bulletin or by telephone, where DEP determines such notification is sufficient. Written comments or requests for a public hearing should be directed to Ray Kempa, Environmental Group Manager, Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18701, Phone 570-826-2511 within 30 days after publication date.
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); 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—1406.20a). Mining activity permits issued in response to such 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. A copy of the application is available for inspection at the district mining office indicated before each application. Notices of requests for 401 Water Quality Certifications are included in individual application notices, as noted.
Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application and request for Section 401 water quality certification application 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 address of the district mining office indicated before each application 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.
Written comments or objections regarding a mining permit application should contain the name, address and telephone number of persons 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.
A request for an informal conference or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code § 77.123 or § 86.34, must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.
When an NPDES number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. A separate notice will be provided after the draft NPDES permit is prepared.
Coal Applications Received
Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191
10000103 and NPDES Permit No. PA0241776. Seneca Landfill, Inc., (P. O. Box 1080, Mars, PA 16046) Renewal of an existing bituminous surface mine and associated NPDES permit in Jackson & Lancaster Townships, Butler County, affecting 82.1 acres. Receiving streams: Unnamed tributary to Connoquenessing Creek, classified for the following uses: WWF. There are no potable surface water supply intakes within 10 miles downstream. Application received: April 3, 2015.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200
17110109 and NPDES PA0257818. King Coal Sales, Inc., (P. O. Box 712, Philipsburg, PA 16866). Permit renewal for continued operation and restoration of a bituminous surface mine located in Morris Township, Clearfield County affecting 85.7 acres. Receiving stream(s): Unnamed Tributary to Hawk Run classified for the following use(s): CWF. There are no potable water supply intakes within 10 miles downstream. Application received: March 26, 2015.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 54850202R6. B-D Mining Co., (10 Gilber-ton Road, Gilberton, PA 17934), renewal of an existing anthracite surface mine, coal refuse reprocessing and refuse disposal operation in Mahanoy and West Mahanoy Townships, Shenandoah and Gilberton Boroughs, Schuylkill County affecting 1,590.0 acres, receiving stream: Mahanoy Creek, classified for the following uses: warm water fishes and migratory fishes. Application received: March 30, 2015.
Noncoal Applications Received
Effluent Limits—The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:
Table 2
30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour 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.
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900
Permit No. 28130302. RA Hill, Inc., 1364 Lincoln Way East, Chambersburg, PA 17202 commencement, operation and restoration of a large noncoal (industrial minerals) operation in Hamilton Township, Mifflin County affecting 52.39 acres. Receiving streams: unnamed tributary to Conococheague Creek classified for the following use: warm water fishery. There are no potable water supply intakes within 10 miles downstream. Application received: March 18, 2015.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
Permit No. 66930803. Factory Equipment Excavating, (1025 East Avery Station Road, Factoryville, PA 18419), Stage I & II bond release of a quarry operation in Nicholson Township, Wyoming County affecting 1.0 acre on property owned by Stanley Karp. Application received: April 6, 2015.
MINING ACTIVITY NPDES DRAFT PERMITS This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a 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 (33 U.S.C.A. §§ 1251—1376).
The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.
Effluent Limits for Coal Mining Activities
For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).
The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:
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 applies to: 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; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Effluent Limits for Noncoal Mining Activities
The limits for noncoal mining activities as provided in 25 Pa. Code Chapter 77 are pH 6 to 9 and other parameters the Department may require.
Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.
In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.
More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).
The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 563-2112-115, Developing National Pollutant Discharge Elimination System (NPDES) Permits for Mining Activities. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.
Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.
Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.
The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice and contain the name, address, telephone number and the interest of the party filing the request, and state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.
Noncoal NPDES Draft Permits
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118
NPDES Permit No. PA0010111 on Surface Mining Permit No. 8274SM4. Rohrer's Quarry, Inc., (70 Lititz Road, Lititz, PA 17543), revision and renewal of an NPDES Permit for a limestone quarry operation in Penn and Warwick Townships, Lancaster County, affecting 171.8 acres. Receiving stream: unnamed tributary to Little Conestoga Creek, classified for the following use: warm water fishes. Application received: January 13, 2015.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are BAT limits described above for noncoal mining activities.
The outfall listed below discharge to unnamed tributary to Little Conestoga Creek.
Outfall No. New Outfall Y/N Type NP-1 No MDT/Groundwater *Average/Maximum Discharge Rate increased to 12/15 MGD respectively. NPDES Permit No. PA0595080 on Surface Mining Permit No. 6277SM1. Compass Quarries, Inc., d/b/a Independence Construction Materials, (638 Lancaster Avenue, Malvern, PA 19355), revision and renewal of an NPDES Permit for a limestone quarry operation in Paradise Township, Lancaster County, affecting 157.1 acres. Receiving stream: Londonland Run to Eshleman Run, classified for the following uses: cold water and migratory fishes. Application received: March 11, 2015.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are BAT limits described above for noncoal mining activities.
The outfalls listed below discharge to Londonland Run to Eshleman Run.
Outfall No. New Outfall Y/N Type 001 No MDT/Groundwater 002 Yes Stormwater
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