[47 Pa.B. 443]
[Saturday, January 28, 2017]
[Continued from previous Web Page]
AIR QUALITY
General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P.S. §§ 4001—4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2531.
GP3-35-016A: Kiewit Power Construction Co. (6401 Renner Blvd, Lenexa, KS, 66219) on January 12, 2017, for the construction and operation of crushing operations at the Lackawanna Energy Center site at their facility in Jessup Borough, Lackawanna County.
GP11-35-016A: Kiewit Power Construction Co. (6401 Renner Blvd, Lenexa, KS, 66219) on January 12, 2017, for the construction and operation of Engines at the Lackawanna Energy Center site at their facility in Jessup Borough, Lackawanna County.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
GP7-36-03027A: The Standard Group (500 East Oregon Road, Lititz, PA 17543) on January 11, 2017, for two sheet-fed offset lithographic printing presses, under GP7, at the printing facility located in Manheim Township, Lancaster County. The general permit authorization was renewed.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Program Manager, 570-327-3648.
GP5-59-217A: SWEPI LP (150-E N. Dairy Ashford, E-1296-J, Houston, TX 77079) on January 6, 2017, for authorization to continue operation of two (2) 1,340 bhp Caterpillar model G3516 TALE four-stroke lean-burn natural gas-fired compressor engines with Miratech oxidation catalysts, one (1) 30.0 MMscf/day NATCO dehydrator unit equipped with a 0.25 MMBtu/hr reboiler heater, one (1) 60.0 MMscf/day NATCO dehydrator unit equipped with a 0.50 MMBtu/hr reboiler heater, and one (1) 10,000 gallon produced water tank sources pursuant to the General Plan Approval and/or General Operating Permit for Natural Gas Compression and/or Processing Facilities (BAQ-GPA/GP-5) at the Netterman Compressor Station located in Charleston Township, Tioga County.
GP5-59-226A: SWEPI LP (150-E N. Dairy Ashford, E-1296-J, Houston, TX 77079) on January 10, 2017, for authorization to continue operation of three (3) 1,380 bhp Caterpillar G3516B four-stroke ultra-lean-burn (ULB) natural gas fired compressor engines each equipped with a EMIT Technologies model ELX-4200-1616F-31CEE-361 oxidation catalyst, two (2) 60.0 MMscf/day Cameron dehydrator units equipped with 0.50 MMBtu/hr reboiler burners, and one (1) 10,000 gallon produced water tank pursuant to the General Plan Approval and/or General Operating Permit for Natural Gas Compression and/or Processing Facilities (BAQ-GPA/GP-5) at the Lawton Compressor Station located in Delmar Township, Tioga County.
GP5-08-391A: Regency Marcellus Gas Gathering, LLC (101 West Third Street, Williamsport, PA 17701) on January 12, 2017, for authorization to construct and operate three (3) new 5,000 bhp natural gas-fired Caterpillar model G3616LE lean-burn compressor engines each equipped with selective catalytic reduction (SCR) and oxidation catalysts and two (2) new 160 MMscf/day dehydrators equipped with 2.0 MMBtu/hr reboilers and enclosed flares; and the proposed modification to the oxidation catalyst elements on the five (5) existing 2,370 bhp natural-gas-fired Caterpillar model G3608LE lean-burn compressor engines; and for continued operation of an exempt 530 bhp emergency generator engine, six 10,000-gallon produced water tanks, two (2) 2,000-gallon compressor oil tanks, two (2) 2,000-gallon engine oil tanks, eight (8) 300-gallon compressor oil tanks, eight (8) 300-gallon engine oil tanks, six (6) 300-gallon methanol tanks and one (1) 300-gallon triethylene glycol tank pursuant to the General Plan Approval and/or General Operating Permit for Natural Gas Compression and/or Processing Facilities (BAQ-GPA/GP-5) at the Taylor Compressor Station located in Canton Township, Bradford County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.
Contact: David Balog, New Source Review Chief—Telephone: 814-332-6328.
GP5-16-176A: Alliance Petroleum Corp. (4150 Belden Village Ave. NW, Suite 410, Canton, OH 44718) on January 5, 2017, for the authority to construct and/or operate a natural gas fired compressor engine (Ajax DPC-2802LE), glycol dehydrator, and condensate storage tank(s) (BAQ-GPS/GP5) located at their facility in Redbank Township, Clarion County.
Plan Approvals Issued under the Air Pollution Control Act and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.
Contact: David Balog, New Source Review Chief—Telephone: 814-332-6328.
37-023G: NRG Power Midwest LP—New Castle Plant (2189 State Route 168 South, West Pittsburgh, PA 16160), on January 10, 2017 issued a Plan Approval for the facility Plantwide Applicability Limit (PAL) in Taylor Township, Lawrence County. This is a Title V facility.
Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104.
Contact: Edward Wiener, Chief—Telephone: 215-685-9426.
AMS IP16000217: Metro Crematory & Trade Inc. (6711 Frankford Ave, Philadelphia, PA 19135) issued January 11, 2017 for the installation of a human crematory unit in the City of Philadelphia, Philadelphia County. The process will consist of a 150 pounds per hour cremation unit with one 0.5 MMBTU/hr primary burner and one 1.0 MMBTU/hr afterburner that fires natural gas. An opacity monitor will be installed to ensure compliance with opacity emissions limits.
Emissions limits for Carbon Monoxide (CO), Sulfur Dioxide (SO2), Particulate Matter (PM), and Hydrogen Chloride (HCl) from the facility included in the plan approval are based on the plan approval application. The facility's total potential emissions are as follows: 0.67 ton per year of Nitrogen Oxides (NOx), 0.16 ton per year of Particulate Matter, 0.57 ton per year of Carbon Monoxide, and 0.27 ton per year of Sulfur Dioxide. The plan approval will contain operating, testing, monitoring, recordkeeping, and reporting requirements to ensure operation within all applicable requirements.
Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act and 25 Pa. Code §§ 127.13, 127.13a and 127.32.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.
Contact: James A. Beach, New Source Review Chief—Telephone: 484-250-5920.
09-0223-Morton Salt Inc. (12 Solar Drive, Fairless Hills, PA 19030) On January 12, 2017 for the installation of a fluid bed dryer and associated high-efficiency multi-cyclone, as well as an additional salt process and packaging equipment in Falls Township, Bucks County.
23-0119A-Sunoco Logistics Partners Market & Term L.P. (100 Green Street, Marcus Hook, PA 19061-4800) On December 30, 2016 to construct and operate a de-ethanizer for the purpose of separating a liquid pipeline stream of mixed propane and ethane into the ethane and propane fractions in Marcus Hook, Delaware County.
09-0227-Central Bucks Crematory Inc. (344 N Main Street, Doylestown, PA 18901-3715) On January 12, 2017 for the operation of funeral and crematory services in Doylestown Township, Bucks County.
46-0166C: Harleysville Materials, LLC (460 Indian Creek Road, Harleysville, PA 19438) On January 12, 2017 for a minor modification to Plan Approval No. 46-0166C for its facility located in Lower Salford Township, Montgomery County. The facility has elected to take a voluntary restriction on the maximum material throughput to their batch asphalt plant. This restriction ensures compliance is achieved with the emission limits established in the plan approval as verified through stack testing performed on the source. Applicable monitoring and recordkeeping requirements have been included to ensure compliance with the revised throughput restriction.
Title V Operating Permits Issued 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.
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.
59-00004: Ward Manufacturing, LLC (P.O. Box 9, Blossburg, PA 16912-0009) on January 10, 2017, was issued a renewal Title V Operating Permit for their Plants 1—3 located in Blossburg Borough, Tioga County. The facility's main sources include a scrap metal cupola, molding lines, core machines, annealing ovens, grinders, sanders, Tumblast machines, finishing operations, molding and casting operations, wastewater evaporators, parts washers, emergency generator engines and miscellaneous combustions sources. The Title V operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
14-00003: Pennsylvania State University (101P Physical Plant Bldg, University Park, PA 16802) on January 11, 2017, was issued a revised Title V operating permit for their University Park Campus located in College Township and State College Borough, Centre County. The facility's main sources include natural gas/# 2 fuel oil-fired boilers and combustion turbine at the West Campus Steam Plant and East Campus Steam Plant, as well as several emergency generators located throughout the facility. The Title V operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.
Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.
Contact: Janine Tulloch-Reid, Facilities Permitting Chief—Telephone: 484-250-5920.
15-00137: Johnson Matthey/Advanced Glass Technologies Division (498 Acorn Lane, Downingtown, PA 19335) On January 12, 2017 for the renewal of a State-Only Operating Permit for their facility located in Downingtown, Chester County.
Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2507.
45-00034: Gower Funeral Home & Crematory Inc. (1426 Route 209, Gilbert, PA 18331) The Department issued on 1/13/16, a State-Only Operating Permit for operation of a funeral services and crematories operation in Chestnuthill Township, Monroe County. The facility operates one incinerator. The Operating Permit includes applicable emission limits and work practice standards along with applicable monitoring, recordkeeping and reporting requirements to ensure the facility complies with Federal and State air quality regulations.
39-00009: Martins Creek, LLC, Allentown CTS Site (835 Hamilton Street, Suite 150, Allentown, PA 18101). On December 21, 2016, the Department issued a State Only (Synthetic Minor) Operating Permit for the Allentown CTS Turbine Site located in City of Allentown, Lehigh County. The facility was operating under Title V Operating Permit 39-00009; however, the permittee requested voluntary emissions caps in order for the facility to be designated as a Synthetic Minor and below major source thresholds to avoid RACT 2 applicability. The facility's main sources include four (4) General Electric Frame 5/Model L, 269 MMBtu/hour diesel-fired combustion turbines. The permit contains applicable requirements for emission limitations, work practice standards, testing, monitoring, recordkeeping, and reporting standards used to verify facility compliance with Federal and State air pollution regulations.
40-00001: Fairchild Semiconductor Inc., (125 Crestwood Road, Mountaintop, PA 18707). On January 11, 2017, the Department issued a renewal of a State Only (Synthetic Minor) Operating Permit for the Fairchild Semiconductor Plant located in Wright Township, Luzerne County. The facility's main sources include boilers, emergency generators, implantation, etchers, and cleaners. The control devices are a thermal oxidizer and scrubbers.
The permit contains applicable requirements for emission limitations, work practice standards, testing, monitoring, recordkeeping, and reporting standards used to verify facility compliance with Federal and State air pollution regulations.
40-00017: Martins Creek, LLC, Jenkins CTS Site (835 Hamilton Street, Suite 150, Allentown, PA 18101). On December 21, 2016 the Department issued a State Only (Synthetic Minor) Operating Permit for the Jenkins CTS Turbine Site located in Laflin Borough, Luzerne County. The facility was operating under Title V Operating Permit 40-00017; however, the permittee requested voluntary emissions caps in order for the facility to be designated as a Synthetic Minor and below major source thresholds to avoid RACT 2 applicability. The facility's main sources include two (2) General Electric Frame 5/Model L, 269 MMBtu/hour diesel-fired combustion turbines. The permit contains applicable requirements for emission limitations, work practice standards, testing, monitoring, recordkeeping, and reporting standards used to verify facility compliance with Federal and State air pollution regulations.
40-00022: Martins Creek, LLC, Harwood CTS Site (835 Hamilton Street, Suite 150, Allentown, PA 18101). On December 21, 2016 the Department issued a State Only (Synthetic Minor) Operating Permit for the Harwood CTS Turbine Site located in Hazle Township, Luzerne County. The facility was operating under Title V Operating Permit 40-00022; however, the permittee requested voluntary emissions caps in order for the facility to be designated as a Synthetic Minor and below major source thresholds to avoid RACT 2 applicability. The facility's main sources include two (2) General Electric Frame 5/Model L, 269 MMBtu/hour diesel-fired combustion turbines. The permit contains applicable requirements for emission limitations, work practice standards, testing, monitoring, recordkeeping, and reporting standards used to verify facility compliance with Federal and State air pollution regulations.
54-00011: Martins Creek, LLC, Fishbach CTS Site (835 Hamilton Street, Suite 150, Allentown, PA 18101). On December 21, 2016 the Department issued a State Only (Synthetic Minor) Operating Permit for the Fishbach CTS Turbine Site located in Norwegian Township, Schuylkill County. The facility was operating under Title V Operating Permit 54-00011; however, the permittee requested voluntary emissions caps in order for the facility to be designated as a Synthetic Minor and below major source thresholds to avoid RACT 2 applicability. The facility's main sources include two (2) Pratt-Whitney, 282 MMBtu/hour diesel-fired combustion turbines. The permit contains applicable requirements for emission limitations, work practice standards, testing, monitoring, recordkeeping, and reporting standards used to verify facility compliance with Federal and State air pollution regulations.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.
49-00040: Reagent Chemical & Research, Inc. (Happy Hollow Road, Coal Township, PA 17866-7733) on January 13, 2017 issued a state only operating permit for their facility located in Coal Township, Northumberland County. The state only operating permit contains all applicable regulatory requirements including monitoring, recordkeeping and reporting conditions.
Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
Contact: Tom Joseph, P.E., Facilities Permitting Chief— Telephone: 412-442-4336.
SOOP-65-00630: Mine Safety Appliances LLC (3880 Meadowbrook Road, Murrysville, PA 15668-1753) State Only Operating Permit renewal issuance date effective January 10, 2017, for their Murrysville Plant located in Murrysville Borough, Westmoreland County.
03-00147: Asbury Graphite Mills, Inc./Kittanning Plant (280 Linde Road, Kittanning, PA 16201) on January 10, 2017, the Department issued an initial State Only Operating Permit for the operation of loading, unloading, crushing, milling, drying, and packaging petroleum coke and graphite located in the Township of North Buffalo, Armstrong County.
03-00104: M & M Lime Company, Inc./Ag. Lime Plant (215 Nicole Road, Worthington, PA 16262) On January 10, 2017, the Department issued a State Only Operating Permit renewal for the operation of a limestone deep mine and an open pit mine to produce mainly riprap stone located in the Township of West Franklin, Armstrong County.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.
Contact: Matt Williams, Facilities Permitting Chief at Telephone: 814-332-6940.
25-00944: PHB Die Casting, Inc., (7900 West Ridge Road, Fairview, PA 16415). On January 12, 2017, the Department renewed a State Only Operating Permit for the facility located in Fairview Township, Erie County. Potential emissions are as follows: 23.07 tpy NOx; 24.08 tpy CO; 2.23 tpy PM; 0.13 tpy SO2; 1.6 tpy VOCs. The facility is a Natural Minor. The primary sources at the facility include natural gas-fired zinc and aluminum melting furnaces, shot blasting operations, natural gas-fired boilers, and parts washers. 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.
42-00195: Ram Forest Products/Shinglehouse (1716 Honeoye Rd., Shinglehouse, PA 16748-5504) on January 11, 2017, the Department issued the renewal of the State Only Operating Permit for the hardwood manufacturing facility located in Ceres Township, McKean County. The sources at the facility include a wood fired boiler controlled by multiclone collectors, sawmill, and kilns. The facility is a natural minor. The facility is an Area Source for MACT. The wood fired boiler is subject to the requirements of 40 CFR 63, Subpart JJJJJJ—NESHAP for Industrial, Commercial, and Institutional Boilers at Area Sources. 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.
61-00228: AM Stabilizers Corporation (705 Silhavy Road, Valparaiso, IN 46383), on January 12, 2017, the Department issued a new Natural Minor Operating Permit to operate the Plastics Materials and Resins Plant in Sugarcreek Borough, Venango County. The facility's primary emission sources include packaging, Reactors and Tanks, smaller sources and miscellaneous cold cleaning degreasers. The Reactors and Tanks are controlled by scrubbers and condensers. The emissions from this facility combined with the emissions from OMG are less than 49.9 TPY of VOC, less than 9.9 TPY of individual HAPs, and less than 24.9 TPY of combined HAPs. The sources were previously owned and operated by OMG Americas. The existing requirements from OMGs permit were added to AM Stabilizers permit. The facility is a synthetic minor.
Philadelphia: Air Management Services, 321 University Avenue, Philadelphia, PA 19104-4543, Contact: Edward Wiener, Chief, Source Registration at 215-685-9476.
The City of Philadelphia, Air Management Services (AMS) has intended to issue a Minor State Only Operating Permit for the following facility:
S15-013: Ryder Truck Rental, Inc. (9751 Blue Grass Road, Philadelphia, PA 19114) reissued January 11, 2017 for the operation of truck renting and leasing facility in the City of Philadelphia, Philadelphia County. The facility's air emission sources include a paint booth, a Stage II vapor recovery system for a 8,000 gallon UST for gasoline, and a 300,000 BTU/hr warm air furnace firing natural gas.
OP16-000033: Septa Frankford (Frankford Ave & Bridge St., Philadelphia, PA 19124) reissued January 18, 2017 for the operation of a bus repair and maintenance shop in the City of Philadelphia, Philadelphia County. The facility's air emission sources include six (6) boilers less than 5 MMBTU/hr firing natural gas or No. 2 Fuel Oil, one (1) 0.72 MMBTU/hr pressure washer firing natural gas, three (3) emergency generators less than 150 kW firing natural gas, one (1) 6,000 gallon gasoline storage tank with Stage 2 vapor recovery, and one (1) cold cleaning degreaser.
OP16-000034: Septa Germantown Brake Shop (6725 Germantown Brake Shop, Philadelphia, PA 19119) reissued January 18, 2017 for the operation of a bus repair and maintenance shop in the City of Philadelphia, Philadelphia County. The facility's air emission sources include five (5) 0.44 MMBTU/hr warm air furnaces firing natural gas or propane air mix, one (1) 0.44 MMBTU/hr pressure washer firing natural gas, one (1) 1,000 gal underground gasoline storage tank with Stage 2 vapor recovery, and one (1) Cold cleaning degreaser.
De Minimis Emissions Increases Authorized under 25 Pa. Code § 127.449.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, 717-705-4862, Virendra Trivedi, New Source Review Chief, 717-705-4863, or William Weaver, Regional Air Quality Manager, 717-705-4702.
67-03083: Utz Quality Foods, Inc. (900 High Street, Hanover, PA 17331). Pursuant to 25 Pa. Code § 127.449(i), this PA Bulletin Notice is for de minimis emissions increases of 0.86 TPY CO, 0.76 TPY NOx and 0.04 TPY VOC resulting from the construction of a natural gas-fired pellet fryer (Line No. 11) having a maximum rated heat input capacity of 2.2 mmBTU/hr and controlled by a mesh-pad mist eliminator at its snack food manufacturing facility located in Hanover Borough, York County. This is the second de minimis emissions increase event at the facility during the term of the current operating permit.
Operating Permits Denied, Terminated, Suspended or Revoked under the Air Pollution Control Act and 25 Pa. Code §§ 127.431 and 127.461.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.
55-00004: Colonial Furniture Co. (P.O. Box 117, Freeburg, PA 17827), terminated State Only (Natural Minor) operating permit on January 9, 2017 for their Freeburg Plant located in Freeburg Borough, Snyder County. The facility's air contaminant emissions are below all Air Quality Program permitting limits.
ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS
Actions on 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; 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). The final action on each application also constitutes action on the NPDES permit application and, if noted, the request for a Section 401 Water Quality Certification. Mining activity permits issued in response to applications will also address the application permitting requirements of the following statutes: the Air Quality Pollution Act (35 P.S. §§ 4001—4014); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1002).
Coal Permits Issued
New Stanton District Office: 131 Broadview Road, New Stanton, PA 15672, 724-925-5500.
63090101 and NPDES Permit No. PA0251941. Amerikohl Mining, Inc., (1384 State Route 711, Stahlstown, PA 15687). Permit renewal issued for continued mining and restoration to an existing bituminous surface mine, located in Nottingham Township, Washington County, affecting 399.3 acres. Receiving stream: unnamed tributary to Mingo Creek. Application received: March 3, 2016. Renewal permit issued: January 12, 2017.
Noncoal Permits Issued
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, 814-472-1900.
Permit No. 5074SM3 and NPDES Permit No. PA0121126, Valley Quarries, Inc., P.O. Box J, Chambersburg, PA 17201, renewal of NPDES Permit located in Greene Township, Franklin County. Receiving stream: Conococheague Creek, classified for the following use: cold water fishes. There are no potable water supply intakes within 10 miles downstream. NPDES renewal application received: September 21, 2015. Permit issued: January 9, 2017.
Knox District Mining Office: P.O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, 814-797-1191.
24130801. Chris Kline Enterprises, LLC (351 State Street, St. Marys, PA 15857). Final bond release for a small industrial minerals surface mine in the City of St. Marys, Elk County. Restoration of 3.0 acres completed. Receiving streams: Elk Creek. Application Received: December 2, 2016. Final bond release approved: January 5, 2017.
16970307 and NPDES Permit No. PA0227609. Terra Works, Inc. (49 South Sheridan Road, Clarion, PA 16214) Transfer of an existing large industrial minerals mine and associated NPDES permit from Glenn O. Hawbaker, Inc. in Beaver, Richland & Licking Townships, Clarion County, affecting 125.7 acres. Receiving streams: Unnamed tributary to Turkey Run. Application received: January 6, 2016. Permit Issued: January 5, 2017.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.
PAM216024. P&P Gravel Company (76 Barclay View Road, Monroeton, PA 18832), hereby approves the Notice of Intent (NOI) submitted for coverage to discharge stormwater associated with Permit No. 08970301 to the following surface water(s) in Franklin Township, Bradford County. Receiving stream(s): Unnamed Tributary to North Branch Towanda Creek. Application received: October 13, 2016. Permit issued: January 4, 2017.
PAM216021. Johnson Quarries, Inc. (P.O. Box 136, LeRaysville, PA 18829), hereby approves the Notice of Intent (NOI) submitted for coverage to discharge stormwater associated with General Permit 105 No. 08162503 to the following surface water(s) in Wilmot Township, Bradford County. Receiving stream(s): Sugar Run. Application received: September 15, 2016. Permit issued: January 4, 2017.
PAM216006. Heeman Quarries, Inc. (6264 Wyalusing New Albany Road, Wyalusing, PA 18853), hereby approves the Notice of Intent (NOI) submitted for coverage to discharge stormwater associated with General Permit 105 No. 08162502 to the following surface water(s) in Warren Township, Bradford County. Receiving stream(s): Chaffee Run. Application received: June 7, 2016. Permit issued: January 4, 2017.
ACTIONS ON BLASTING ACTIVITY APPLICATIONS
Actions on applications under the Explosives Acts of 1937 and 1957 and 25 Pa. Code § 211.124. Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.
Blasting Permits Issued
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, 570-621-3118.
Permit No. 36164175. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Manheim Township, Lancaster County with an expiration date of December 28, 2017. Permit issued: January 9, 2017.
Permit No. 54174101. Wampum Hardware Company, (2856 Stoystown Road, Friends, PA 15541), blasting for BRADS Landfill in Blythe Township, Schuylkill County with an expiration date of December 31, 2017. Permit issued: January 9, 2017.
Permit No. 48174101. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Valley Wellness in Hanover Township, Northampton County with an expiration date of January 9, 2018. Permit issued: January 12, 2017.
Permit No. 58174101. DW Drilling & Blasting, (2042-B S. Brentwood Boulevard, Suite 115, Springfield, MO 65804) construction blasting for Jeffers Farm Pad 2 in Harford Township, Susquehanna County with an expiration date of January 6, 2018. Permit issued: January 12, 2017.
Permit No. 64174101. Explosive Services, Inc., (7 Pine Street, Bethany, PA 18431), construction blasting for Explosive Services, Inc. in Clinton Township, Wayne County with an expiration date of January 9, 2018. Permit issued: January 12, 2017.
Permit No. 36174101. Maine Drilling & Blasting, Inc., (P.O. Box 1140, Gardiner, ME 04345), construction blasting for Crossings at Conestoga Creek in Manheim Township, Lancaster County with an expiration date of January 4, 2018. Permit issued: January 13, 2017.
Permit No. 40174101. Maurer & Scott Sales, Inc., (122 Thomas Street, Coopersburg, PA 18036), construction blasting for Center Point li B East in Pittston Township, Luzerne County with an expiration date of February 1, 2018. Permit issued: January 13, 2017.
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The Department has taken the following actions on previously received permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341).
Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania AT&T 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 to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.
Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.
Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27), section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and The Clean Streams Law and Notice of Final Action for Certification under section 401 of the FWPCA.
Permits, Environmental Assessments and 401 Water Quality Certifications Issued:
WATER OBSTRUCTIONS AND ENCROACHMENTS Southeast Region: Waterway and Wetlands Program Manager, 2 East Main Street, Norristown, PA 19401, Telephone 484-250-5900.
E46-1145. Horsham Water and Sewer Authority, 617 Horsham Road, Horsham, PA 19044, Horsham Township, Horsham, PA 19044, Montgomery County; ACOE Philadelphia District.
To perform the water obstruction and encroachment activities listed below within the floodway and floodplain of Pennypack Creek (WWF), as part of the Horsham Water and Sewer Authority's (HWSA) PFC Treatment System Project for HWSA Well No. 20 as follows:
1. To demolish the existing Well 20 building and construct and maintain a new 24` × 40` PFC treatment building in its place.
2. To construct and maintain a new 12` diameter backwash holding tank on a concrete pad.
3. To construct and maintain a new water line and new gravity sewer line and sewer manhole.
4. To construct and maintain a new widened existing paved driveway.
The proposed project is located along Pennypack Creek on a HWSA property at 331 Summer Avenue in Horsham Township, Montgomery County (USGS Quadrangle AMBLER PA -Latitude 40° 10` 40.7797" -Longitude 75° 7` 34.5726").
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
E46-1147. Horsham Water and Sewer Authority, 617 Horsham Road, Horsham, PA 19044, Horsham Township, Horsham, Montgomery County; ACOE Philadelphia District.
To perform the water obstruction and encroachment activities listed below within the floodway and floodplain of Park Creek, a tributary to Little Neshaminy Creek (WWF), as part of the Horsham Water and Sewer Authority (HWSA) PFC Treatment System Project for HWSA Well No. 19 as follows:
1. To construct and maintain a new 24` × 40` PFC treatment building.
2. To construct and maintain a new 12` diameter backwash holding tank on a concrete pad.
3. To construct and maintain a new water line and new gravity sewer line and sewer manhole.
4. To construct and maintain a new expanded paved driveway and parking area.
The proposed project is located along Park Creek on a HWSA property at 1028 Limekiln Pike in Horsham Township, Montgomery County (USGS Quadrangle AMBLER PA -Latitude 40° 12` 05" -Longitude 75° 11` 10").
The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
Northcentral Region: Waterways & Wetlands Program Manager, 208 West Third Street, Williamsport, PA 17701, 570-327-3636.
E53-450. Plenary Walsh Keystone Partners, 2000 Cliff Mine Road, Park West Two, 3rd Floor, Pittsburgh, PA 15275. SR 0449, Section A01, Bridge to Box Culvert Replacement Project, Ulysses Township, Potter County. USACOE Baltimore District (Galeton, PA Quadrangle Latitude: 41° 48` 46.00"; Longitude: 77° 47` 17.00").
The Department is giving authorization to remove an existing single span bridge and construct, operate and maintain single cell box culvert to carry SR 0449, Section A01, across Buckseller run. The proposed box culvert will be pre-cast concrete minimally having a clear span of 14-feet and underclearance of 3-feet with 1-foot culvert depression. The project is located along the eastern and western right-of-ways of SR 049 approximately 1.3-mile south of SR 1001 and SR 0449 intersection in Ulysses Township, Potter County. The Department has deemed 0.01-acre of reported Exceptional Value wetland impacts as de minus, for which replacement wetlands shall not be required for mitigation.
E12-191. MBC Development, LP, PO Box 472, 950 East Main Street, Schuylkill Haven, PA 17972-0472. MBC Development Emporium Dollar General Portage Branch, Sinnemahoning Creek, Floodway Development, Shippen Township, Cameron County. USACOE Baltimore District (Emporium, PA Quadrangle Latitude: 41° 30` 36.9"; Longitude: 78° 13` 09.2").
Department authorization giving consent to remove 15,091-square feet of pre-existing commercial structures and reconstruct, operate and maintain a 10,673-square feet structure within the Portage Branch, Sinnemahoning Creek, 100-year floodway as a part of a 0.97-acre commercial development. As depicted on the plans approved by this permit, the authorized floodway activities shall not include placement of any type fill within the 100-year floodway except for a 3-inch asphalt paving overlay of pre-existing parking areas. The project is located along the western right-of-way of SR 0155 approximately 1,000-feet north of SR 0120 and SR 0155 intersection. This permit was issued under Section 105.13(e) ''Small Projects.''
Southwest Region: Waterways and Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
E11-355, CPV Fairview, LLC, 50 Braintree Hill Office Park, Suite 300, Braintree, MA 02184, Jackson Township, Cambria County, Pittsburgh ACOE District.
To:
1. Place and maintain fill in 0.17 acre of PEM/PSS wetland (aka Wetland A);
2. To construct and maintain a temporary road crossing in 0.04 acre of the aforementioned wetland;
3. Place and maintain fill in 0.05 acre of PEM wetland (aka Wetland B);
4. Place and maintain fill in 0.06 acre of PEM wetland (aka Wetland C);
5. Place and maintain fill in 0.01 acre of PSS wetland (aka Wetland D);
6. Construct and maintain a 24 inch HDPE water and a 12 inch HDPE waterline within 0.05 acre and temporary workspace in 0.03 acre of the aforementioned wetland;
7. Place and maintain fill in 0.01 acre of PEM wetland (aka Wetland E);
8. Construct and maintain an electric utility pole within 0.01 acre and temporary workspace in 0.17 acre of the aforementioned wetland;
9. Place and maintain fill in 0.04 acre of PEM wetland (aka Wetland F);
10. Place and maintain fill in 0.08 acre of PEM wetland (aka Wetland G);
11. Place and maintain fill in 0.02 acre of PEM wetland (aka Wetland H);
12. Place and maintain fill in 0.02 acre of PEM wetland (aka Wetland J);
13. Place and maintain fill in 0.04 acre of PEM wetland (aka Wetland DEP1);
14. Place and maintain fill in 0.03 acre of PEM wetland (aka Wetland DEP2);
15. Construct and maintain a 16 inch steel transmission pipe within 0.02 acre of PEM wetland (aka Wetland S) and within this area construct and maintain a temporary access road;
16. Temporarily install and maintain a temporary access road across 15 linear feet of an Unnamed Tributary (UNT) to Hinckston Run (CWF) (aka Stream 1A);
17. Install temporary access timber matting across 12 linear feet of a UNT to Hinckston Run (CWF) (aka Stream 29);
18. Construct and maintain a 12 inch gas line across the aforementioned UNT;
19. Construct and maintain a permanent access road crossing, consisting of a 30 foot long open bottom arch culvert with a rise of 10.25 feet within a UNT to Hinckston Run (CWF) (aka Stream 30);
20. Construct and maintain a permanent access road crossing, consisting of a 29 foot long × 18 inch diameter, HDPE culvert within a UNT to Hinckston Run (CWF) (aka Stream 33).
The project will result in 0.53 acre of permanent wetland impact, 0.24 acre of temporary wetland impact, and 0.08 acre of impacts from utility line crossings. Additionally, the project will result in 61 linear feet of permanent stream impact and 27 linear feet of temporary stream impact. As mitigation, the utility line crossings will be restored to original grades, and to offset the additional permanent wetland impacts, an additional 0.12 acre of PSS wetland (aka Wetland DEP3) will be impacted to create 0.70 acre of PEM wetland and 0.30 acre of PSS wetland on-site. The activities are for the purpose of constructing a natural gas-fired combined cycle electric generation facility near the intersection of William Penn Avenue (Route 271) and Garnet Street (Quadrangle: Nanty Glo, Latitude: 40° 24`55"; Longitude: -78° 51` 14") in Jackson Township, Cambria County.
ENVIRONMENTAL ASSESSMENTS Northwest Region: Waterways and Wetlands Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.
EA24-054, City of St. Marys, 11 Lafayette Street, St. Marys, PA 15857, Elk County. Elk Creek Railroad Bridge Removal Project in the City of St. Marys, Elk County, ACOE Pittsburgh District (St. Marys, PA Quadrangle N: 41°, 25`, 44.93"; W: 78°, 33`, 20.84").
The City of St. Marys is granted a waiver of permit requirements under Section 7(a) of the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and the provisions of Sections 105.12(a)(11) and 105.12(a)(16) of the Chapter 105 Rules and Regulation, Dam Safety and Waterways Management for the removal of the abandoned bridge on an old railroad spur line across Elk Creek approximately 380 feet downstream of Fourth Street in the City of St. Marys, Elk County. Construction activities include the removal of the existing railroad ties, rails, steel bridge beams, concrete abutments and wing walls, grading of stream banks and stabilization of disturbed areas. The waiver is based on an environmental assessment (EA24-054).
EROSION AND SEDIMENT CONTROL The following Erosion and Sediment Control permits have been issued.
Persons aggrieved by an action may appeal that action to the Environmental Hearing Board (Board) under section 4 of the Environmental Hearing Board Act and 2 Pa.C.S. §§ 501—508 and 701—704. The appeal should be sent to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the 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 to the Board at (717) 787-3483. This paragraph does not, in and of itself, create a right of appeal beyond that permitted by applicable statutes and decisional law.
For individuals who wish to challenge an action, the appeal 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.
Southwest District: Oil & Gas Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222.
ESCGP-2 # ESX13-125-0043
Applicant Name Rice Drilling B LLC
Contact Person Joseph Mallow
Address 400 Woodcliff Dr
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Fallowfield & Somerset
Receiving Stream(s) and Classification(s) UNT to Pigeon
Ck (WWF); UNT to Sawmill Ck (WWF)
Secondary—Pigeon CkESCGP-2 # ESX16-125-0024
Applicant Name EQT Production—Land PA
Contact Person Todd Klaner
Address 2400 Zenith Ridge Rd, Suite 200
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) E Bethlehem
Receiving Stream(s) and Classification(s) UNT to Tenmile
Ck (TSF); UNTs to Black Dog Hollow (WWF)
Secondary—Tenmile Ck (WWF); Black Dog Hollow
(WWF)ESCGP-2 # ESX10-125-0107
Applicant Name Rice Drilling B LLC
Contact Person Joseph Mallow
Address 400 Woodcliff Dr
City, State, Zip Canonsburg, PA 15317
County Washington
Township(s) Amwell
Receiving Stream(s) and Classification(s) UNT to Bane
Ck (TSF); UNT to Ten Mile Ck (TSF)
Secondary—Bane CkNorthwest Region: Oil and Gas Program Manager, 230 Chestnut St., Meadville, PA 16335.
ESCGP-2 # ESX13-019-0014A—Ceaser Well Pad Major
Modification
Applicant R.E. Gas Development, LLC
Contact Michael Endler
Address 600 Cranberry Drive
City Cranberry Township State PA Zip Code 16066
County Butler Township(s) Lancaster & Muddy Creek
Receiving Stream(s) and Classification(s) Yellow Creek,
Slippery Rock Creek Watershed, Little Connoqueness-
ing Creek CWFESCGP-2 # ESX15-019-0053—PER W71 Well Pad
Applicant PennEnergy Resources, LLC
Contact Mr. Gregg Stewart
Address 1000 Commerce Drive; Park Place One,
Suite 100
City Pittsburgh State PA Zip Code 15275
County Butler Township(s) Jefferson
Receiving Stream(s) and Classification(s) Tributary 35228
to Thorn Creek, UNTs to Tributary 35228 to Thorn
CreekEastern Region: Oil & Gas Management Program Manager, 208 West Third Street, Williamsport, PA 17701.
ESCGP-2 # ESX29-115-16-0023
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Suite 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Dimock
Receiving Stream(s) and Classification(s) UNT to Elk Ck
(CWF-MF); UNTs to White Ck (CWF-MF)ESCGP-2 # ESX29-115-16-0031
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Suite 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Springville
Receiving Stream(s) and Classification(s) UNT to Martins
Ck (CWF-MF)ESCGP-2 # ESX29-115-16-0018
Applicant Name Cabot Oil & Gas Corp
Contact Person Kenneth Marcum
Address 2000 Park Lane, Suite 300
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Dimock
Receiving Stream(s) and Classification(s) UNT to White
Ck (CWF-MF)ESCGP-2 # ESG29-015-16-0026
Applicant Name Chief Oil & Gas LLC
Contact Person Jeffrey Deegan
Address 1720 Sycamore Rd
City, State, Zip Montoursville, PA 17754
County Bradford
Township(s) Overton
Receiving Stream(s) and Classification(s) UNT to Mill Ck
(EV, MF); UNT to Lick Ck (EV, MF)
Secondary—Mill Ck & Lick CkESCGP-2 # ESG29-105-16-0010
Applicant Name JKLM Energy LLC
Contact Person Scott Blauvelt
Address 2200 Georgetowne Dr, Suite 500
City, State, Zip Sewickley, PA 15143
County Potter
Township(s) Sweden
Receiving Stream(s) and Classification(s) Prosser Hollow
(CWF); UNT to North Hollow (HQ-CWF)
Secondary—Allegheny River (CWF); North Hollow
(HW-CWF)ESCGP-2 # ESX29-015-16-0030
Applicant Name SWN Production Co LLC
Contact Person Justin Moore
Address 917 SR 92 N
City, State, Zip Tunkhannock, PA 18657
County Bradford
Township(s) Herrick
Receiving Stream(s) and Classification(s) UNT to Cold Ck
(WWF, MF)
Secondary—Cold CkESCGP-2 # ESG29-105-16-0011
Applicant Name JKLM Energy LLC
Contact Person Scott Blauvelt
Address 2200 Georgetown Dr, Suite 500
City, State, Zip Sewickley, PA 15143
County Potter
Township(s) Sweden & Summit
Receiving Stream(s) and Classification(s) UNT to Nelson
Run (HQ-CWF)
Secondary—Nelso Run (HQ-CWF)ESCGP-2 # ESX29-115-16-0026
Applicant Name Williams Field Services Co LLC
Contact Person Lauren Miladinovich
Address Park Place Corp Ctr 2, 2000 Commerce Dr
City, State, Zip Pittsburgh, PA 15275
County Susquehanna
Township(s) Bridgewater & Brooklyn
Receiving Stream(s) and Classification(s) UNTs to
Meshoppen Ck (CWF-MF)
SPECIAL NOTICES
Air Quality; Notice of Proposed Revision to the State Implementation Plan for Oxides of Nitrogen, Notice of Public Hearing, and Notice of Intent to Issue Revised Air Quality Operating Permit 48-00015 Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790.
Contact: Raymond Kempa, New Source Review Chief—Telephone: 570-826-2531.
Approval of a Reasonably Available Control Technology (RACT II) plan for Lehigh Heavy Forge Corporation located in the City of Bethlehem, Northampton County.
In accordance with 25 Pa. Code §§ 129.96—129.100, the Pennsylvania Department of Environmental Protection has made a preliminary determination to approve a RACT II plan and an amendment to the State Implementation Plan (SIP) for the natural gas fired furnaces owned and operated by Lehigh Heavy Forge Corporation in the City of Bethlehem, Northampton County.
The proposed SIP revision does not adopt any new regulations. It incorporates the provisions and requirements contained in the amended RACT II approval for the facility, which are intended to satisfy the requirements for the 1997 National Ambient Air Quality Standard (NAAQS) and the 2008 NAAQS for ozone.
The proposed amendments to the RACT II determination, if finally approved, will be incorporated into a revised operating permit (48-00015) for the facility. The relevant RACT II requirements will be submitted to the U.S. Environmental Protection Agency (EPA) as a revision to Pennsylvania's State Implementation Plan and will remain in effect until replaced pursuant to 40 CFR 51 and approval by the EPA. Requirements that are not part of the RACT II determination will be excluded from the SIP submittal.
The following is a summary of the proposed amendments to the RACT II determination for this operation that will be submitted to the EPA as a SIP revision:
Source RACT II Requirement 8 Heat Treatment Carbottom Furnaces (HTP12, 13, 14, 15, 16,
17, 18, 19, 20, 21, 23,
30, 31, 32, 33, 34, 35, 36)Oxides of Nitrogen. The permittee will minimize NOx emissions by install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices. Forge 2 Carbottom Furnaces
(F2P-1, 2, 3, 4, 5, 6, 14,
15, 16, 17, 7A)Oxides of Nitrogen. The permittee will minimize NOx emissions by install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices. SRP Treatment Furnaces (SRP-12, 14) Oxides of Nitrogen. The permittee will minimize NOx emissions by install, maintain and operate the source in accordance with the manufacturer's specifications and with good operating practices. Persons wishing to file a written protest or provide comments or request a public hearing, which they believe should be considered prior to the issuance of a permit, may submit the information to Mr. Mark Wejkszner, Air Quality Program Manager, Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. A 30-day comment period from this date of publication in the Pennsylvania Bulletin will exist for the submission of comments, protests and hearing request. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed RACT II Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the proposed RACT II Plan. 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 Raymond Kempa, Chief, New Source Review Section, Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18701-1915.
All pertinent application documents are available for public review between 8 a.m. and 4 p.m. at the Pa DEP Northeast Regional Office, 2 Public Square, Wilkes-Barre, PA 18701-1915. Appointments for scheduling a review may be made by calling 570-826-2419.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact Colleen Connolly at 570-826-2035 or the Pennsylvania AT&T Relay Service at 1-800-654-5984 (TDD) to discuss how the Department may accommodate your needs.
Conditional State Water Quality Certification for the Emsworth Back Channel Hydroelectric Project, FERC Project No. 13761-002 On March 14, 2014, FFP Missouri 6, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 12-megawatt (MW) hydroelectric facility at the Emsworth back channel dam, which is owned and operated by the U.S. Army Corps of Engineers (Corps), on the Ohio River, at river mile 6.8, in Allegheny County, Pennsylvania (Project). The Applicant is required pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)) to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On January 11, 2016, Applicant requested a state water quality certification from the Department, as required by Section 401 of CWA (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with state water quality standards and associated state law requirements, which are consistent with CWA requirements.
On September 14, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new, approximately 100-foot-long intake channel to be excavated into the riverbed, upstream of the proposed powerhouse. Two (2) 50-foot-wide, 40-foot-high spillway gate bays would be constructed along the river side of the excavated intake channel, to pass flow equivalent to the Corps' existing gate bay that will be replaced. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack with 5-inch bar spacing, to a new reinforced concrete powerhouse that is 30 feet long, 180 feet wide and 63.5 feet in height. The powerhouse would house two (2) identical horizontal pit Kaplan turbine generator units with a combined capacity of 12 MW. Flows would exit the powerhouse into an approximately 190-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse to a new project substation with a 188-foot-long, medium-voltage buried cable, and then from the new substation to an existing substation with a 3,758-foot-long, 69-kilovolt overhead transmission line.
The Department published notice of its proposed state water quality certification in the Pennsylvania Bulletin, on October 1, 2016 (46 Pa.B. 6133), and received zero (0) comments from the public.
By this notice, the Department certifies that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of CWA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards set forth in 25 Pa. Code Chapter 93, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the state law permits required to demonstrate compliance with Pennsylvania's Water Quality Standards:
1. Conditional State Water Quality Certification—This conditional state water quality certification is based upon the information that is available, to date, due to the FERC licensing process, and is granted with the understanding that the applicant will be submitting a final Environmental Assessment (EA) to the Department, to be reviewed and approved by the Department, prior to the start of construction. This final EA shall be submitted to the Department at the same time that the Applicant submits its application to the U.S. Army Corps of Engineers (USACE or Corps) for a Section 404 Permit, to facilitate a coordinated review between the Department and USACE. The final EA that is submitted to the Department must be developed from final design plans, specifications and reports.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of CWA (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain, from the Department, and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP), for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is outside the scope of work licensed under the Federal Power Act, pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations.
4. Submerged Lands License Agreement—The Applicant shall obtain, from the Department, and comply with a Submerged Lands License Agreement, pursuant to Section 15 of the Dam Safety and Encroachments Act, 32 P.S. § 693.15, to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act, 27 Pa.C.S. § 3118, and the regulations thereunder, 25 Pa. Code Chapter 110, the Applicant must register the hydropower facility with the Department, and report water usage to the Department, annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the Water Power and Water Supply Permits Act, Act of June 14, 1923, 32 P.S. §§ 591—625, related to the construction of a power dam or for a ''change in stream'' to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—During final design, the Applicant shall develop a water quality monitoring plan, to be implemented during the construction and operation of this project, and shall submit this plan to the Department for review and approval, prior to the start of construction, to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project. This water quality monitoring plan shall include adequate provisions to ensure that monitoring will assess any potential cumulative effect upon water quality, from the operation of all the currently proposed hydroelectric projects, within the greater Pittsburgh region. Thereafter, Applicant shall submit the results of the water quality monitoring to the Department and the USACE, along with suggested modifications in the operation or maintenance of the Project for inclusion in the adaptive management plan, should adverse impacts to water quality result from the project.
8. Operating Plan and Adaptive Management Plan—The applicant will be developing an operating plan, Memorandum of Agreement, and an adaptive management plan with the USACE. Applicant will submit these plans to the Department for review and approval, prior to the start of construction, to evaluate potential effects of these plans upon, and compliance with, state water quality standards.
9. Final Project Design Development—During final design, applicant shall evaluate alternative designs for the proposed Project that may have the potential to reduce expected fish entrainment and mortality, such as, but not limited to, reducing and/or modifying the proposed 5-inch trash rack spacing, intake channel design, or other alternative designs, pursuant to Section 105.14(b)(4) and (6) of the Department's regulations, 25 Pa. Code § 105.13(e)(1)(viii) and 105.14(b)(4) and (6). This alternatives analysis shall be included in the Applicant's final EA, to be submitted to the Department for review and approval, prior to the start of construction. The final design shall also take into account the cumulative impact evaluations associated with conditions (10) and (11).
10. Cumulative Impacts to Fish Populations—Since the project is one of several, currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon area fish populations, due to expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
11. Cumulative Impacts to Mussel Populations—Since the Project is one of several currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant shall further evaluate, during final design, the cumulative impacts from these hydroelectric projects, upon local mussel populations, due to potential unavailability of host fish from expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
12. Minimum By-pass Flows—During the final design, Applicant shall further evaluate the amount of by-pass flows necessary for the purposes of protection of public health, water quality control, conservation of fisheries, and aquatic habitat, improvement of recreation, and protection of instream and downstream water uses. Applicant shall provide this evaluation to the Department, within its final EA, for the Department's review and approval, prior to the start of construction. If it is determined that by-pass flows are needed, the by-pass flows shall be provided across the length of the dam.
13. Aids to Navigation (ATON) Plan—Applicant shall develop an ATON Plan, to avoid or minimize impacts to recreational boating. This plan must be reviewed and approved by the PA Fish and Boat Commission (PFBC), prior to the start of construction. Please contact the PA Fish and Boat Commission, PO Box 67000, Harrisburg, PA 17106, regarding the requirements for an ATON Plan.
14. Hydraulic Modeling—Applicant has indicated that additional hydraulic modeling will be conducted during Final Design. The results of this additional hydraulic modeling shall be included in the applicant's final EA that is to be submitted to the Department, for the Department to review and approve, prior to the start of construction. In addition, the applicant shall use the results of the additional hydraulic modeling to further evaluate potential impacts to a unique riffle habitat area below the Emsworth Back Channel Dam, paddlefish and their habitat, mussels and their habitat, the potential for increased erosion of Neville Island and the river bed, and any other potential impacts that may be identified during the Department's review of the Applicant's final EA. Alternative designs may need to be considered, to avoid or minimize any adverse environmental impacts that may be identified from this additional modeling and/or additional evaluations for impacts. Mitigation may be required to compensate for any adverse environmental impacts that cannot be avoided. The evaluation of potential impacts to the unique riffle habitat area below the dam shall also include an evaluation of the potential to impact life history stages of many fish species, such as walleye and stripped bass. The evaluation of potential impacts to paddlefish and their habitat shall also include an evaluation of the potential to impact a unique habitat feature, a deep hole with circulating flow, where paddlefish have been previously sampled in or near the project area. The evaluation of potential impacts to mussels and their habitat shall also include an evaluation of the potential to impact Pimpleback (Quadrula pustulosa, PA extirpated) and its habitat, since the PA Fish and Boat Commission considers this species to be a surrogate for endangered species habitat. The development of these site-specific hydraulic studies should be coordinated with the Department and the PA Fish and Boat Commission, before conducting them.
15. Programatic Agreement—Applicant shall comply with the Final Programmatic Agreement Between the Federal Energy Regulatory Commission and the Pennsylvania State Historic Preservation Office for Managing Historic Properties that may be Affected by Issuing an Original License to FFP Missouri 6, LLC for the Construction, Operation, and Maintenance of the Emsworth Back Channel Dam Hydroelectric Project Located in Allegheny County, Pennsylvania (FERC No. 13761-002).
16. Riparian Property—Within its final EA, Applicant shall submit evidence that it has obtained notarized and signed releases, or has acquired rights of occupancy and use other than fee title, from the owners of any affected riparian property. This conditional water quality certification does not convey any real property rights or interests or authorization to trespass on privately-owned riparian land.
17. Corps Authorization—This conditional water quality certification does not relieve the Applicant of the responsibility to obtain any applicable approval/permit from the District Engineer, Pittsburgh District, U.S. Army Corps of Engineers, Room 1817, Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222, under Section 10 of the Rivers and Harbor Act or Section 404 of the Clean Water Act of 1977.
18. Fish and Mussel Surveys and Mitigation—The Project footprint will reduce riverine habitat below the dam by approximately 3.5 acres, and approximately 4.6 acres will be disturbed during construction. In addition, Applicant acknowledges that the project could potentially alter some mussel habitat conditions through changes in velocity and scour patterns downstream of the dam. Accordingly, fish and mussel surveys shall be conducted three (3) years after project construction, to evaluate the project's impact to fish and mussel species in the project area. The plans for these surveys shall be included within the Applicant's final EA, for the Department's review and approval. In addition, the results of these surveys shall be submitted to the Department for review, within 60 days of completion of these surveys. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the applicant may have to provide compensation for the adverse environmental impact.
19. Cumulative Environmental Impact Assessment—The Project is one of several, currently proposed hydroelectric projects in the Ohio, Monongahela, and Allegheny Rivers, within the greater Pittsburgh area river basins. Fish species, such as walleye, smallmouth bass, darters, etc., inhabit the area that can exhibit some migratory behavior, and could pass through multiple hydroelectric projects. In addition, the Applicant's Fish Entrainment Study reports mortality to fish species, such as catfish, drum, darters and bass, that are more likely to be host fish that are important to mussel propagation. Accordingly, Applicant shall develop a plan to conduct fish and mussel surveys, after the construction of all, or at least 50%, of the currently proposed hydroelectric projects, to evaluate the potential for cumulative impacts to area fish and mussel populations. This plan shall be included with the Applicant's final EA, for the Department's review and approval. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the Applicant may have to provide compensation for the adverse environmental impact.
20. Clean Water Program Coordination—Applicant shall evaluate the cumulative impacts of lowering Dissolved Oxygen (DO) concentration below existing levels on overall water quality. This analysis shall include an evaluation of the effects of lower DO levels on other dischargers, whose dissolved oxygen analysis could be impacted by any reduction in DO due to the proposed project. The Applicant shall include, within its final EA to be submitted to the Department, a full analysis depicting the pre- and post-construction dissolved oxygen using a Q7-10 flow, and achieving a 7-day average of 5.5 mg/l and a minimum of 5.0 mg/l at the project site, and all points potentially impacted downstream of the project, in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder, and 25 Pa. Code § 93.7.
21. Water Quality Requirements—The project must maintain the applicable water quality standard of a 7-day average DO concentration of 5.5 mg/l and a minimum DO concentration of 5.0 mg/l, at Q7-10 low flow conditions, unless the analysis required by the preceding condition indicates that a higher DO level is needed to maintain the DO water quality standard within the Dashields Pool given consideration of all existing, permitted dischargers currently within the pool in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder.
22. Stream and Habitat Mitigation—Since the Project will eliminate approximately 3.5 acres of riverine habitat, Applicant shall include, within its final EA to be submitted to the Department, a plan to mitigate for this lost habitat, for the Department's review and approval, prior to the start of construction.
23. Fishing Access—During final design, Applicant shall evaluate the feasibility of restoring/providing angler access to the Ohio River, within or near the project area.
24. Boater Safety—During final design, Applicant shall evaluate the potential for velocity changes within the river channel, from the hydroelectric project discharge, to affect navigation and boaters in the vicinity of docks and/or barge mooring areas that are located below the Emsworth Back Channel Dam. Accordingly, in its final EA, Applicant shall provide to the Department, and to the owner(s)/operator(s) of the docks and/or barge mooring areas, an analysis of the effect that the increased velocities might have on barge and/or boat safety, and on barge operators and boaters, and on the docks and mooring areas, below the dam. This analysis shall be completed by a hydrologist. In addition, Applicant shall provide a letter from the owner(s)/operator(s) of the docks and/or mooring areas, commenting on this analysis.
25. Fish Mitigation—Since the project will impact fish, Applicant shall include, within its final EA to be submitted to the Department, a mitigation plan to compensate for this environmental impact, for the Department's review and approval, prior to the start of construction.
26. Fish and Mussel Salvage—Applicant shall further develop its fish and mussel salvage plan to safely remove fishes and mussels from the project area that would otherwise be trapped behind the proposed coffer dams during the dewatering process. These fish and mussels should be relocated to areas outside of the project area. The Applicant shall include this salvage plan within its final EA, to be reviewed and approved by the Department, prior to the start of construction.
27. River Sediment Testing—Applicant shall manage dredge material removed from the river in accordance with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. §§ 6018.101—6018.1003 (''Solid Waste Management Act'') and regulations promulgated thereunder. Permittee should contact the Facilities Chief, Waste Management Program, Southwest Regional Office, with questions regarding this requirement. The project shall be consistent with the Department's Management of Fill policy and the analytic requirements therein. If the testing reveals that the dredged material exceeds the requirements for unrestricted use as clean fill, then the Applicant shall arrange for off-site disposal of the dredged sediments, after applying for and obtaining approval from the Department's Waste Management Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
28. Threatened, Endangered and Special Concern Species—The results obtained from utilizing the Pennsylvania Natural Diversity Inventory's Pennsylvania Natural Diversity Inventory (PNDI), and any determinations received from an appropriate jurisdictional agency during any associated consultations, are valid only for 2 years. Accordingly, Applicant must include new PNDI search results within its final EA, along with evidence of any necessary follow-up with the appropriate jurisdictional agency(s). In addition, PNDI search results and clearances must be current and valid, prior to the start of construction.
29. Seasonal Construction Schedule—No activities related to the transmission line portion of this project shall be completed during the osprey (Pandion haliaetus, PA threatened) nesting season, March 25 to July 31. All activities related to the transmission line should be completed between August 1 and March 24, which is outside the nesting season, to avoid potential impacts to nesting osprey.
30. Geotechnical Testing—If a temporary road, drilling platform or other structure is needed to conduct any core boring drilling operations or geotechnical testing, within the Commonwealth's waterways, Applicant shall obtain a permit(s) or other authorization(s) from the Department, prior to conducting any core boring drilling operations or geotechnical testing.
31. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants, pursuant to Section 91.34 of the regulations, 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf.
32. Operation—The Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control and related appurtenances which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by the Applicant.
33. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required state water quality permits and state water quality standards. A copy of this certification shall be made available for inspection by the Department during such inspections of the Project.
34. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department's Southwest Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed. The new owner shall comply with the conditions of this certification, which shall remain in effect, unless modified, in writing, by the Department.
35. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, and shall reference DEP File No. WQ05-004, APS ID # 888631, or Authorization No. 1103951.
36. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
37. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable federal or state law or regulation.
38. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717-787-3483. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. 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 to 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 decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
Important legal rights are at stake, however, so you should show this document to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the Secretary to the Board (717-787-3483) for more information.
Conditional State Water Quality Certification for the Montgomery Lock and Dam Hydroelectric Project, FERC Project No. 13768-002 On March 14, 2014, Solia 6 Hydroelectric, LLC (Applicant) filed an application with the Federal Energy Regulatory Commission (FERC) for a license to construct and operate a 42-megawatt (MW) hydroelectric facility at the Montgomery Lock and Dam, which is owned and operated by the U.S. Army Corps of Engineers (Corps), on the Ohio River, at river mile 31.7, in Beaver County, Pennsylvania (Project). The Applicant is required, pursuant to section 401(a) of the Federal Clean Water Act (act) (33 U.S.C.A. § 1341(a)), to provide FERC with certification from the Commonwealth of Pennsylvania (Commonwealth) that any discharge from the Project to waters of the Commonwealth will comply with provisions of the act relating to water quality standards, and necessary measures to achieve and maintain those standards. The Commonwealth has established such standards and programs to achieve and maintain them under State law, which have been approved by the U.S. Environmental Protection Agency as consistent with the applicable provisions of the act. The Pennsylvania Department of Environmental Protection (Department) administers the Commonwealth's water quality standards programs under State law, and is responsible for the review of requests from applicants for water quality certification made pursuant to section 401 of the act.
On January 14, 2016, Applicant requested a state water quality certification from the Department, as required by Section 401 of CWA (33 U.S.C.A. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with state water quality standards and associated state law requirements, which are consistent with CWA requirements.
On September 14, 2016, Rye Development, LLC provided the Department with a complete application for State Water Quality Certification, including an Environmental Assessment for the Project, on behalf of the Applicant. The Project would consist of a new, approximately 340-feet-long intake channel to be excavated into the riverbed immediately downstream of two of the dam's existing bays. Two (2) new spillway gate bays, with a combined width of 200 feet, would be constructed along the river side of the excavated intake channel, to pass flow equivalent to one existing gate bay. The intake channel would lead to a concrete intake structure that would convey flows past a trash rack, with 5-inch bar spacing, to a new reinforced concrete powerhouse. The powerhouse would house three (3) identical horizontal pit Kaplan turbine-generator units, with a combined capacity of 42 MW. Flows would exit the powerhouse into an approximately 280-foot-long tailrace excavated into the riverbed. Project power would be transmitted from the powerhouse, to a new project substation, with a 15-foot-long, medium-voltage buried cable, and then from the new substation to an interconnection point in an existing distribution line, with a 392-foot-long, overhead transmission line, with a voltage between 69-kilovolt (kV) and 138 kV.
The Department published notice of its proposed state water quality certification in the Pennsylvania Bulletin, on October 1, 2016 (46 Pa.B. 6133), and received zero (0) comments from the public.
By this notice, the Department certifies that the construction, operation and maintenance of the Project complies with the applicable provisions of sections 301—303, 306 and 307 of CWA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), and will not violate the Commonwealth's water quality standards set forth in 25 Pa. Code Chapter 93, provided that the construction, operation and maintenance of the Project complies with the conditions for this certification as listed below, and the terms and conditions of the state law permits required to demonstrate compliance with Pennsylvania's Water Quality Standards:
1. Conditional State Water Quality Certification—This conditional state water quality certification is based upon the information that is available, to date, due to the FERC licensing process, and is granted with the understanding that the applicant will be submitting a final Environmental Assessment (EA) to the Department, to be reviewed and approved by the Department, prior to the start of construction. This final EA shall be submitted to the Department at the same time that the Applicant submits its application to the U.S. Army Corps of Engineers (USACE or Corps) for a Section 404 Permit, to facilitate a coordinated review between the Department and USACE. The final EA that is submitted to the Department must be developed from final design plans, specifications and reports.
2. Erosion and Sediment Control—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 102. The Applicant shall obtain and comply with an NPDES permit from the Department for the discharge of stormwater if the earth disturbance activities associated with the Project will result in a total disturbance equal to or greater than 1 acre. Earth disturbance activities associated with discharging dredged or fill material from the Project to waters of the United States which require permit coverage under Section 404 of CWA (33 U.S.C.A. § 1344) need not obtain an additional NPDES Permit from the Department for earth disturbance activities covered by the Section 404 permit. The Applicant shall submit final detailed erosion and sediment control and post construction stormwater management plans for all Project activities to the Department and County Conservation District for their review and approval prior to commencement of construction. Specific guidance on the requirements of the NPDES Permit for Stormwater Discharges Associated with Construction Activities can be obtained from the County Conservation District or the DEP Regional Office.
3. Water Obstruction and Encroachment Permit—The Applicant shall comply with the rules and regulations of 25 Pa. Code Chapter 105 relating to dam safety and waterway management. The Applicant shall obtain, from the Department, and comply with a Chapter 105 Water Obstruction and Encroachment Permit (WO&EP), for the construction, operation and maintenance of any water obstruction or encroachment associated with the Project that is outside the scope of work licensed under the Federal Power Act, pursuant to the Clean Streams Law (35 P.S. §§ 691.1—691.1001), Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.), and all applicable implementing regulations.
4. Submerged Lands License Agreement—The Applicant shall obtain, from the Department, and comply with a Submerged Lands License Agreement, pursuant to Section 15 of the Dam Safety and Encroachments Act, 32 P.S. § 693.15, to occupy submerged lands of the Commonwealth in navigable waters as necessary to construct, operate and maintain the Project.
5. Water Resource Planning Act Registration—In accordance with the Pennsylvania Water Resources Planning Act, 27 Pa.C.S. § 3118, and the regulations thereunder, 25 Pa. Code Chapter 110, the Applicant must register the hydropower facility with the Department, and report water usage to the Department, annually.
6. Limited Power Permit—The Applicant shall obtain and comply with a permit from the Department as required by the Water Power and Water Supply Permits Act, Act of June 14, 1923, 32 P.S. §§ 591—625, related to the construction of a power dam or for a ''change in stream'' to develop power. The Applicant shall submit an application for this permit to the Department on the form available from the Department.
7. Water Quality Monitoring—During final design, the Applicant shall develop a water quality monitoring plan, to be implemented during the construction and operation of this project, and shall submit this plan to the Department for review and approval, prior to the start of construction, to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project. This water quality monitoring plan shall include adequate provisions to ensure that monitoring will assess any potential cumulative effect upon water quality, from the operation of all the currently proposed hydroelectric projects, within the greater Pittsburgh region. Thereafter, Applicant shall submit the results of the water quality monitoring to the Department and the USACE, along with suggested modifications in the operation or maintenance of the Project for inclusion in the adaptive management plan, should adverse impacts to water quality result from the project. The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by the Applicant's construction, operation or maintenance of the Project.
8. Operating Plan and Adaptive Management Plan—The applicant will be developing an operating plan, Memorandum of Agreement, and an adaptive management plan with the USACE. Applicant will submit these plans to the Department for review and approval, prior to the start of construction, to evaluate potential effects of these plans upon, and compliance with, state water quality standards.
9. Final Project Design Development—During final design, applicant shall evaluate alternative designs for the proposed Project that may have the potential to reduce expected fish entrainment and mortality, such as, but not limited to, reducing and/or modifying the proposed 5-inch trash rack spacing, intake channel design, or other alternative designs, pursuant to Section 105.14(b)(4) and (6) of the Department's regulations, 25 Pa. Code § 105.13(e)(1)(viii) and 105.14(b)(4) and (6). This alternatives analysis shall be included in the Applicant's final EA, to be submitted to the Department for review and approval, prior to the start of construction. The final design shall also take into account the cumulative impact evaluations associated with conditions (10) and (11).
10. Cumulative Impacts to Fish Populations—Since the project is one of several, currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant, during final design, shall further evaluate the cumulative impacts from these hydroelectric projects, upon area fish populations, due to expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
11. Cumulative Impacts to Mussel Populations—Since the Project is one of several currently proposed hydroelectric projects on the Ohio, Monongahela and Allegheny Rivers within the greater Pittsburgh area river basins, the applicant shall further evaluate, during final design, the cumulative impacts from these hydroelectric projects, upon local mussel populations, due to potential unavailability of host fish from expected fish entrainment and mortality. Applicant shall include this evaluation in its final EA, to be submitted to the Department for review and approval, prior to the start of construction.
12. Minimum By-pass Flows—During the final design, Applicant shall further evaluate the amount of by-pass flows necessary for the purposes of protection of public health, water quality control, conservation of fisheries, and aquatic habitat, improvement of recreation, and protection of instream and downstream water uses. Applicant shall provide this evaluation to the Department, within its final EA, for the Department's review and approval, prior to the start of construction. If it is determined that by-pass flows are needed, the by-pass flows shall be provided across the length of the dam.
13. Aids to Navigation (ATON) Plan—Applicant shall develop an ATON Plan, to avoid or minimize impacts to recreational boating. This plan must be reviewed and approved by the PA Fish and Boat Commission (PFBC), prior to the start of construction. Please contact the PA Fish and Boat Commission, PO Box 67000, Harrisburg, PA 17106, regarding the requirements for an ATON Plan.
14. Hydraulic Modeling—Applicant has indicated that additional hydraulic modeling will be conducted during Final Design. The results of this additional hydraulic modeling shall be included in the applicant's final EA that is to be submitted to the Department, for the Department to review and approve, prior to the start of construction. In addition, the applicant shall use the results of the additional hydraulic modeling to further evaluate potential impacts to: a) freshwater mussels, including state rare species and species uncommonly encountered in the Ohio River; b) several PA Endangered Fish species that have been identified in the project area; c) the habitat of these fish and mussels; d) the Montgomery Embayment Area; and e) any other potential impacts that may be identified during the Department's review of the Applicant's final EA. Alternative designs may need to be considered, to avoid or minimize any adverse environmental impacts that may be identified from this additional modeling and/or additional evaluations for impacts. Mitigation may be required to compensate for any adverse environmental impacts that cannot be avoided. The evaluation of potential impacts to: a) freshwater mussels, including state rare species and species uncommonly encountered in the Ohio River; b) several PA Endangered Fish species that have been identified in the project area; c) the habitat of these fish and mussels; and d) the Montgomery Embayment Area, a relatively rare, shallow water embayment area, just upstream of the dam, shall also include an evaluation of whether changes to current velocity, from the proposed project, may affect these resources. The development of these site-specific hydraulic studies should be coordinated with the Department and the PA Fish and Boat Commission, before conducting them.
15. Programatic Agreement—Applicant shall comply with the Final Programmatic Agreement Between the Federal Energy Regulatory Commission and the Pennsylvania State Historic Preservation Office for Managing Historic Properties that may be Affected by Issuing an Original License to Solia 6 Hydroelectric, LLC for the Construction, Operation, and Maintenance of the Montgomery Locks and Dam Hydroelectric Project Located in Beaver County, Pennsylvania (FERC No. 13768-002).
16. Riparian Property—Within its final EA, Applicant shall submit evidence that it has obtained notarized and signed releases, or has acquired rights of occupancy and use other than fee title, from the owners of any affected riparian property. This conditional water quality certification does not convey any real property rights or interests or authorization to trespass on privately-owned riparian land.
17. Corps Authorization—This conditional water quality certification does not relieve the Applicant of the responsibility to obtain any applicable approval/permit from the District Engineer, Pittsburgh District, U.S. Army Corps of Engineers, Room 1817, Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 15222, under Section 10 of the Rivers and Harbor Act or Section 404 of the Clean Water Act of 1977.
18. Fish and Mussel Surveys and Mitigation—The Project footprint will reduce riverine habitat below the dam by approximately 6.6 acres, and approximately 7.9 acres will be disturbed during construction. In addition, Applicant acknowledges that the project could potentially alter some mussel habitat conditions through changes in velocity and scour patterns downstream of the dam. Accordingly, fish and mussel surveys shall be conducted three (3) years after project construction, to evaluate the project's impact to fish and mussel species in the project area. The plans for these surveys shall be included within the Applicant's final EA, for the Department's review and approval. In addition, the results of these surveys shall be submitted to the Department for review, within 60 days of completion of these surveys. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the applicant may have to provide compensation for the adverse environmental impact.
19. Cumulative Environmental Impact Assessment—The Project is one of several, currently proposed hydroelectric projects in the Ohio, Monongahela, and Allegheny Rivers, within the greater Pittsburgh area river basins. Fish species, such as walleye, smallmouth bass, darters, etc., inhabit the area that can exhibit some migratory behavior, and could pass through multiple hydroelectric projects. In addition, the Applicant's Fish Entrainment Study reports mortality to fish species, such as catfish, drum, darters and bass, that are more likely to be host fish that are important to mussel propagation. Accordingly, Applicant shall develop a plan to conduct fish and mussel surveys, after the construction of all, or at least 50%, of the currently proposed hydroelectric projects, to evaluate the potential for cumulative impacts to area fish and mussel populations. This plan shall be included with the Applicant's final EA, for the Department's review and approval. If the results of these surveys indicate an adverse environmental impact to fish and mussels in the project area, Applicant shall develop a remediation plan to eliminate or reduce the adverse environmental impact. In addition, the Applicant may have to provide compensation for the adverse environmental impact.
20. Clean Water Program Coordination—Applicant shall evaluate the cumulative impacts of lowering Dissolved Oxygen (DO) concentration below existing levels on overall water quality. This analysis shall include an evaluation of the effects of lower DO levels on other dischargers, whose dissolved oxygen analysis could be impacted by any reduction in DO due to the proposed project. The Applicant shall include, within its final EA to be submitted to the Department, a full analysis depicting the pre- and post-construction dissolved oxygen using a Q7-10 flow, and achieving a 7-day average of 5.5 mg/l and a minimum of 5.0 mg/l at the project site, and all points potentially impacted downstream of the project, in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder, and 25 Pa. Code § 93.7.
21. Water Quality Requirements—The project must maintain the applicable water quality standard of a 7-day average DO concentration of 5.5 mg/l and a minimum DO concentration of 5.0 mg/l, at Q7-10 low flow conditions, unless the analysis required by the preceding condition indicates that a higher DO level is needed to maintain the DO water quality standard within the New Cumberland Pool given consideration of all existing, permitted dischargers currently within the pool in accordance with The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the regulations promulaged thereunder.
22. Industry Borough Municipal Authority Well Field—The Applicant shall conduct and submit to the Department, within its final EA, a geotechnical investigation, which evaluates how the dewatering activities, which are associated with the construction of the Montgomery Lock and Dam Hydroelectric Project, may impact the adjacent Industry Borough Municipal Authority (IBMA) public water supply well field. This geotechnical investigation shall be prepared by a licensed professional geologist, and shall be submitted to IBMA, for its review and approval, as well. If this geotechnical investigation indicates that the proposed dewatering activities may result in any potential adverse impact to IBMA's well field and/or public water supply system, then the Applicant must also include within its final EA; a) A contingency plan (Contingency Plan) that addresses all, potential adverse impacts to IBMA's well field and/or public water supply system. The Contingency Plan shall also be submitted to IBMA for review and approval; and b) The Applicant shall develop a Memorandum of Agreement (MOA) with IBMA, which encompasses the Contingency Plan, and any remediation and compensation measures and terms, regarding the potential impacts, which may include, but is not limited to, the replacement of IBMA's public water supply. The Applicant shall provide a signed copy of this MOA, to the Department, within its final EA.
23. Montgomery Embayment Area—During final design, the Applicant shall conduct an evaluation, to determine whether the construction and/or operation of the Project will adversely affect the Montgomery Embayment Area, located in the Montgomery Pool, just upstream of the existing dam, which has been described as an ecologically significant area in the PA portion of the Ohio River, and a relatively rare habitat in the Ohio River mainstem, in part, because the shallow water areas and wetlands of this embayment provide excellent spawning, feeding and cover for many fish species. The Applicant shall describe the methods and results of this evaluation, within its final EA to be submitted to the Department. If the results of this evaluation identify any adverse impacts to the Montgomery Embayment Area, then the applicant shall also include within its final EA, an analysis of alternatives to avoid and minimize any adverse impact. The Applicant may also have to provide mitigation, to compensate for any unavoidable adverse impacts to this area.
24. Stream and Habitat Mitigation—Since the Project will eliminate approximately 6.6 acres of riverine habitat, Applicant shall include, within its final EA to be submitted to the Department, a plan to mitigate for this lost habitat, for the Department's review and approval, prior to the start of construction.
25. Fishing Access—During final design, Applicant shall develop a plan to compensate for lost recreational fishing by providing angler access that is comparable to, or better than, current conditions. Applicant shall consider providing angler access that is close to normal water surface elevations and the water's edge, and adequately compensate for the footage of fishing access lost.
26. Boater Safety—During final design, Applicant shall evaluate the potential for velocity changes within the river channel, from the hydroelectric project discharge, to affect navigation and boaters in the vicinity of barge mooring areas that are located below the Montgomery Lock and Dam. Accordingly, in its final EA, Applicant shall provide to the Department, and to the owner(s)/operator(s) of the barge mooring areas, an analysis of the effect that the increased velocities might have on barge and/or boat safety, and on barge operators and boaters, and on the mooring areas, below the dam. This analysis shall be completed by a hydrologist. In addition, Applicant shall provide a letter from the owner(s)/operator(s) of the mooring areas, commenting on this analysis.
27. Fish Mitigation—Since the project will impact fish, Applicant shall include, within its final EA to be submitted to the Department, a mitigation plan to compensate for this environmental impact, for the Department's review and approval, prior to the start of construction.
28. Fish and Mussel Salvage—Applicant shall further develop its fish and mussel salvage plan to safely remove fishes and mussels from the project area that would otherwise be trapped behind the proposed coffer dams during the dewatering process. These fish and mussels should be relocated to areas outside of the project area. The Applicant shall include this salvage plan within its final EA, to be reviewed and approved by the Department, prior to the start of construction.
29. River Sediment Testing—Applicant shall manage dredge material removed from the river in accordance with the Solid Waste Management Act, Act of July 7, 1980, P.L. 380, No. 97, as amended, 35 P.S. §§ 6018.101—6018.1003 (''Solid Waste Management Act'') and regulations promulgated thereunder. Permittee should contact the Facilities Chief, Waste Management Program, Southwest Regional Office, with questions regarding this requirement. The project shall be consistent with the Department's Management of Fill policy and the analytic requirements therein. If the testing reveals that the dredged material exceeds the requirements for unrestricted use as clean fill, then the Applicant shall arrange for off-site disposal of the dredged sediments, after applying for and obtaining approval from the Department's Waste Management Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.
30. Threatened, Endangered and Special Concern Species—The results obtained from utilizing the Pennsylvania Natural Diversity Inventory's Pennsylvania Natural Diversity Inventory (PNDI), and any determinations received from an appropriate jurisdictional agency during any associated consultations, are valid only for 2 years. Accordingly, Applicant must include new PNDI search results within its final EA, along with evidence of any necessary follow-up with the appropriate jurisdictional agency(s). In addition, PNDI search results and clearances must be current and valid, prior to the start of construction.
31. PA Fish and Mussel Evaluation—During final design, the Applicant shall consult and work with the PA Fish and Boat Commission (PFBC), to further evaluate this project's: a) potential to impact freshwater mussels, including state rare species and species uncommonly encountered in the Ohio River; b) potential to impact several PA Endangered fish species that have been identified in the project area; and c) potential to impact mussel and fish habitat; in and near the project area. The Applicant shall conduct additional fish and mussel surveys, and shall provide the results of these surveys to PFBC, as part of this consultation. In addition, the Applicant shall provide additional information to PFBC, regarding how impacts to protected fish and mussel species will be avoided or minimized. The Applicant's evaluation shall also include an analysis of potential impacts from changes in current velocities and dredging activities, which are associated with the proposed project. Within its final EA to be submitted to the Department, the Applicant shall provide evidence from PFBC that potential impacts to mussels, fish and/or their habitats have been reduced to the maximum extent possible, and that adequate compensation has been provided to mitigate for any unavoidable adverse impacts to mussels, fish and/or their habitats, or a PNDI clearance from PFBC. If the additional fish and mussel surveys demonstrate the existence of any federally listed threatened and/or endangered species, then the Applicant must also provide within its final EA, evidence from the U.S. Fish & Wildlife Service that potential impacts to any federally listed mussels and/or fish, and/or their habitats, have been reduced to the maximum extent possible, and that adequate compensation has been provided to mitigate for any unavoidable adverse impacts to mussels, fish and/or their habitats.
32. Geotechnical Testing—If a temporary road, drilling platform or other structure is needed to conduct any core boring drilling operations or geotechnical testing, within the Commonwealth's waterways, Applicant shall obtain a permit(s) or other authorization(s) from the Department, prior to conducting any core boring drilling operations or geotechnical testing.
33. Preparedness, Prevention and Contingency Plan—The Applicant shall develop and maintain on site a Preparedness, Prevention and Contingency Plan (PPC Plan) for any project activities utilizing pollutants, pursuant to Section 91.34 of the regulations, 25 Pa. Code § 91.34. The PPC Plan shall be developed in accordance with the ''Guidelines for the Development and Implementation of Environmental Emergency Response Plans'' which can be found at: http://www.elibrary.dep.state.pa.us/dsweb/Get/Document-48522/400-2200-001.pdf.
34. Operation—The Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control and related appurtenances which are installed to achieve compliance with the terms and conditions of this State Water Quality Certification and all required permits, authorizations and approvals. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by the Applicant.
35. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required state water quality permits and state water quality standards. A copy of this certification shall be made available for inspection by the Department during such inspections of the Project.
36. Transfer of Projects—If the Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, the Applicant shall serve a copy of this certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department's Southwest Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of certification responsibility, coverage, and liability between them. The existing owner shall continue to be responsible for construction and operations at the Project until a transfer to the new owner has been completed. The new owner shall comply with the conditions of this certification, which shall remain in effect, unless modified, in writing, by the Department.
37. Correspondence—All correspondence with and submittals to the Department concerning this State Water Quality Certification shall be addressed to the Department of Environmental Protection, Southwest Regional Office, Waterways and Wetlands Program, 400 Waterfront Drive, Pittsburgh, PA 15222, and shall reference DEP File No. WQ05-005, APS ID # 889165, or Authorization No. 1104889.
38. Reservation of Rights—The Department may suspend or revoke this State Water Quality Certification if it determines that the Applicant has not complied with the terms and conditions of this certification. The Department reserves the right to require additional measures to achieve compliance with applicable laws and/or regulations, subject to the Applicant's applicable procedural and substantive rights.
39. Other Laws—Nothing in this State Water Quality Certification shall be construed to preclude the institution of any legal action or relieve the Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or State law or regulation.
40. Compliance with Terms and Conditions—This Conditional State Water Quality Certification does not relieve the Applicant of the responsibility for any discharge to waters of the Commonwealth, or allow for any inappropriate discharge to occur. Failure to comply with the terms and conditions of this Conditional State Water Quality Certification will result in the automatic nullification and voidance of this certification, and may subject the Applicant and responsible parties to pay fines of up to $10,000, per violation, for each day the violation occurs, constituting a separate violation.
41. Severability—The provisions of this State Water Quality Certification are severable and should any provision of this certification be declared invalid or unenforceable, the remainder of the certification shall not be affected thereby.
Any person aggrieved by this action may appeal, pursuant to Section 4 of the Environmental Hearing Board Act, 35 P.S. § 7514, and the Administrative Agency Law, 2 Pa.C.S. Chapter 5A, to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, PO Box 8457, Harrisburg, PA 17105-8457, 717-787-34-83. TDD users may contact the Board through the Pennsylvania AT&T Relay Service, 800-654-59-84. Appeals must be filed with the Environmental Hearing Board within 30 days of publication of this notice, or within 30 days of receipt of written notice of this action, whichever occurs first. 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 to 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 decisional law.
If you want to challenge this action, your appeal must reach the Board within 30 days. You do not need a lawyer to file an appeal with the Board.
Important legal rights are at stake, however, so you should show this document to a lawyer at once. If you cannot afford a lawyer, you may qualify for free pro bono representation. Call the Secretary to the Board (717-787-3483) for more information.
[Pa.B. Doc. No. 17-153. Filed for public inspection January 27, 2017, 9:00 a.m.]
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