[51 Pa.B. 7347]
[Saturday, November 27, 2021]
[Continued from previous Web Page]
LAND RECYCLING AND ENVIRONMENTAL REMEDIATION
UNDER ACT 2, 1995
PREAMBLE 1
Acknowledgment of Notices of Intent to Remediate Submitted Under the Land Recycling and Environmental Remediation Standards Act (35 P.S. §§ 6026.101—6026.908).
Sections 302—305 of the Land Recycling and Environmental Remediation Standards Act (Act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin an acknowledgment noting receipt of any Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent (NOI) to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. Persons intending to use the background standard, Statewide health standard, the site-specific standard, or who intend to remediate a site as a special industrial area, must file a (NOI) to Remediate with the Department. A NOI to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site, and a description of the intended future use of the site. A person who demonstrates attainment of one, or a combination of the cleanup standards, or who receives approval of a special industrial area remediation identified under the Act, will be relieved of further liability for the remediation of the site for any contamination identified in reports submitted to and approved by the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions brought by responsible persons not participating in the remediation.
Under Sections 304(n)(1)(ii) and 305(c)(2) of the Act, there is a 30-day public and municipal comment period for sites proposed for remediation using a site-specific standard, in whole or in part, and for sites remediated as a special industrial area. This period begins when a summary of the NOI to Remediate is published in a newspaper of general circulation in the area of the site. For the following identified site(s), proposed for remediation to a site-specific standard or as a special industrial area, the municipality, within which the site is located, may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30-days of the following specified date. During this comment period the municipality may request that the following identified person, as the remedia-tor of the site, develop and implement a public involvement plan. Requests to be involved, and comments, should be directed to the remediator of the site.
For further information concerning the content of a NOI to Remediate, please contact the Environmental Cleanup Program Manager in the Department of Environmental Protection Regional Office under which the notice appears. If information concerning this acknowledgment is required in an alternative form, contact the Community Relations Coordinator at the appropriate Regional Office listed. TDD users may telephone the Department through the Pennsylvania Hamilton Relay Service at (800) 654-5984.
The Department of Environmental Protection has received the following Notice(s) of Intent to Remediate:
Southeast Region: Environmental Cleanup & Brownfields Program, 2 East Main Street, Norristown, PA 19401, 484-250-5787, Charline Bass.
2610 West Fletcher Street, 2610 West Fletcher Street, Philadelphia, PA 19132, City of Philadelphia, Philadelphia County. Natalie Griffith, REPSG, Inc., 6901 Kingsessing Avenue, Suite 201, Philadelphia, PA 19142 on behalf of David Alexander, Susquehanna Net Zero Housing, LP, 1707 North Charles Street, Apt. 200A, Baltimore, MD 21201 submitted a Notice of Intent to Remediate. Soil and groundwater have been contaminated with leaded and unleaded gasoline, benzo(a)pyrene, arsenic, thallium, and vanadium. The site is currently undeveloped, vacant land which is proposed to undergo comprehensive redevelopment for residential purposes. The proposed cleanup standard for the site is the Statewide health standard/site-specific standard. The Notice of Intent to Remediate was published in The Daily News Legals on October 11, 2021.
AIR QUALITY
PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS The Department has developed an ''integrated'' plan approval, State Operating Permit and Title V Operating Permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the general public. This approach allows the owner or operator of a facility to submit permitting documents relevant to its application for all sources related to a facility or a proposed project, affords an opportunity for public input, and provides for a decision on the issuance of the necessary permits.
The Department received applications for Plan Approvals or Operating Permits from the following facilities. Copies of the application, the Department's analysis, all pertinent documents used in the evaluation of the application and subsequently prepared proposed plan approvals/operating permits are available for public review during normal business hours at the appropriate Department Regional Office. Appointments for scheduling a review must be made by calling the appropriate Department Regional Office. The address and phone number of the Regional Office is listed before the application notices.
Persons wishing to file a written protest or provide comments or additional information, which they believe should be considered prior to the issuance of a permit, may submit the information to the Department's Regional Office. A 30-day comment period from the date of this publication will exist for the submission of comments, protests and information. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval/Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the permit.
A person wishing to request a hearing may do so during the 30-day comment period. A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted based on the information received. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper, the Pennsylvania Bulletin or by telephone, when the Department determines this type of notification is sufficient. Requests for a public hearing and any relevant information should be directed to the appropriate Department Regional Office.
Permits issued to the owners or operators of sources subject to 25 Pa. Code Chapter 127, Subchapter D or E, or located within a Title V facility or subject to 25 Pa. Code § 129.51(a) or permits issued for sources with limitations on their potential to emit used to avoid otherwise applicable Federal requirements may be submitted to the United States Environmental Protection Agency for review and approval as a revision to the State Implementation Plan. Final Plan Approvals and Operating Permits will contain terms and conditions to ensure that the sources are constructed and operating in compliance with applicable requirements in the Air Pollution Control Act (35 P.S. §§ 4001—4015), 25 Pa. Code Chapters 121—145, the Federal Clean Air Act (42 U.S.C.A. §§ 7401—7671q) and regulations adopted under the Federal Clean Air Act.
Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the Regional Office listed before the application. TDD users may contact the Department through the Pennsylvania Hamilton Relay Service at (800) 654-5984.
Intent to Issue Operating Permits under the Air Pollution Control Act (35 P.S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter F.
Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110.
Contact: Thomas Hanlon, Facilities Permitting Chief, (717) 705-4862, Thomas Bianca, New Source Review Chief, (717) 705-4863, or William Weaver, Regional Air Quality Manager, (717) 705-4702.
22-03009: Dauphin Precision Tools, LLC (200 Front Street, Millersburg, PA 17061) to issue a State Only Operating Permit for the machine tool manufacturing facility located in Millersburg Borough, Dauphin County. The potential emissions from the facility are estimated at NOx 3.50 tpy, CO 0.88 tpy, SOx 0.04 tpy, PM 0.35 tpy and TOC 0.06 tpy. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 40 CFR Part 63, Subpart JJJJJJ—National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources.
36-05071: Valley Proteins Inc. (693 Wide Hollow Road, East Earl, PA 17519) to issue an initial State-Only Operating Permit for the rendering and boiler operations at the Terre Hill facility located in East Earl Township, Lancaster County. The facility's annual emissions are approximately 1.3 tons of VOCs, 11.6 tons of CO, 13.8 tons of NOx, and 0.08 ton of SOx. The Operating Permit will include emission limits and work practice standards along with monitoring, recordkeeping and reporting requirements to ensure the facility complies with the applicable air quality regulations. Among other items, the conditions include provisions derived from 40 CFR Part 63 Subpart JJJJJJ—National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers Area Sources.
Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.
Contact: Muhammad Q. Zaman, Program Manager, 570-327-3648.
17-00046: HPM Industries, Inc. d/b/a Atlas Pressed Metals (125 Tom Mix Drive, DuBois, PA 15801) for the State Only Operating Permit renewal authorization for their powdered metal parts manufacturing facility in DuBois City, Clearfield County that is considered to be a true or Natural Minor facility. The sources are comprised of the powdered metal parts sintering furnaces (Sources ID P102, P104, P107, P108, P111, P112 and P114), as well as the two furnaces for heat treat of sintered parts (Sources ID P115 and P116), two parts drying ovens (Sources ID P106 and P106A) and the other sources for parts processing including dip sizing operation and oil impregnation system (Sources ID P105 and P109). There is also a Safety Kleen parts washer at the facility identified as Source ID P110. The type and quantity of pollutants emitted on a facility-wide potential emissions basis are provided, as follows: 4.70 tpy PM-10 & PM2.5; 0.10 tpy SOx; 1.09 tpy NOx; 0.85 tpy CO; 21.1 tpy VOC; 0.22 TPY HAP; and 1,281 tpy CO2, based on the information provided to the Department. One modification to the facility occurred over the permit term including a change to allow use of higher organic lubricants in some of the previously listed furnaces and this along with several other minor changes that were approved via RFDs approved since 2017 over the permit and/or submitted by the company will be incorporated in the renewal operating permit. All new and existing furnaces are to be operated in accordance with the plan approval exemption criteria for powdered metal sintering furnaces, pursuant to 25 Pa. Code § 127.441, except for the ones approved for higher organic lubricant content. The existing degreaser (Source ID P110) is subject to 25 Pa. Code § 129.63(a). Moreover, the permit renewal authorization for Atlas Pressed Metals DuBois Plant incorporates all other applicable requirements to the facility, including appropriate testing, monitoring, recordkeeping, reporting and work practice conditions to verify compliance. The applicable requirements are derived from 25 Pa. Code Chapters 121 and 145, (relating to Air Resources). All pertinent documents used in the evaluation of the application are available for public review during normal business hours at the PA DEP's Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review must be made by calling 570-327-3636.
60-00005: ACPI Wood Products, LLC (100 Industrial Park Road, Mifflinburg, PA 17844) to issue a renewal State Only Operating Permit for their facility located in Mifflinburg Borough, Union County. The facility is currently operating under State Only Operating Permit 60-00005. The facility's sources include two (2) boilers, lumber drying operation, wood component and assembly process, rough milling process, surface coating process and a parts washer. The facility has the potential to emit 24.44 tons of nitrogen oxides (NOx) per year, 52.56 tons of carbon monoxide (CO) per year, 34.13 tons of volatile organic compounds (VOCs) per year, 1.10 tons of sulfur oxides per year (SOx), 66.34 tons of particulate matter (PM/PM-10) per year and 8,542 tons of greenhouse gasses (GHGs) per year. The emission limits, throughput limitations and work practice standards along with testing, monitoring, recordkeeping and reporting requirements have been included in the operating permit to ensure the facility complies with all applicable Federal and State air quality regulations. These operating permit conditions have been derived from the applicable requirements of Subpart JJJJJJ of 40 CFR Part 63 and 25 Pa. Code Article III, Chapters 121—145. All pertinent documents used in the evaluation of the application are available for public review during normal business hours at the Department's Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review must be made by calling 570-327-3636.
Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.
Contact: Matthew Williams, Facilities Permitting Chief, (814) 332-6940.
10-00319: Samuel, Son, & Company (USA) Incorporated (6 Whitney Drive, Harmony, PA 16037). The Department intends to renew a State Only Operating Permit for the Main Steel Polishing Plant located in the Borough of Harmony, Butler County. The facility is a Natural Minor. Potential Emissions are as follows: 1.214 tpy VOC; 3.854 tpy NOx; 0.771 tpy CO; 0.023 tpy SOx; 2.915 tpy PM-10; 2.915 tpy PM-2.5. The sources at the facility include 4 natural gas fueled furnaces used for building heat with a combined total rating of 100,000 Btu/hr; grinding operations; and a parts degreaser. 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.
42-00182: Idyllwild Holdings, LLC, dba Allegheny Store Fixtures, Incorporated (57 Holley Avenue, Bradford, PA 16701). The Department intends to renew a State Only Operating Permit for the Allegheny Store Fixtures surface coating operations in the City of Bradford, McKean County. The facility is a Natural Minor. The only criteria pollutant emitted in a quantity above 1 tpy is VOCs. Potential VOC emissions are 24.3 tons per year. The sources at the facility include 3 paint booths and spray application of adhesives. 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, Incorporated (1716 Honeoye Road, Shinglehouse, PA 16748-5504). The Department is providing notice that they intend to renew a State Only Natural Minor Operating Permit for the sawmill and operations located in Ceres Township, McKean County. The facility's primary emission sources include the 29.4 mmBtu/hr wood-fired boiler controlled by a cyclone, sawmill operations, and a board sorting area. The potential emissions of the primary pollutants from the facility are as follows: 44.24 TPY (tons per year) NOx, 81.03 TPY CO, 2.19 TPY VOC, 38.87 TPY filterable PM-10 and PM-2.5, and 3.22 TPY SOx; thus, the facility is a natural minor. The wood boiler was authorized under plan approval 42-195A, which included emission limits for PM, CO, and NOx. The wood boiler is subject to 40 CFR 63 Subpart JJJJJJ, NESHAP for Industrial, Commercial, and Institutional Boilers Area Sources as well as 40 CFR 60 Subpart Dc, Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units. The renewal permit will contain emission restrictions, recordkeeping, work practices, and additional requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act.
COAL & NONCOAL MINING
ACTIVITY APPLICATIONSApplications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.31); the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326); the Clean Streams Law (35 P.S. §§ 691.1—691.1001); the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66); the Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.21). Mining activity permits issued in response to such applications will also address the applicable permitting requirements of the following statutes: the Air Pollution Control Act (35 P.S. §§ 4001—4015); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003).
The following permit applications to conduct mining activities have been received by the Department of Environmental Protection. A copy of the application is available for inspection at the District Mining Office indicated above each application. Notices of requests for 401 Water Quality Certifications are included in individual application notices, as noted.
Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application may be submitted by any person or any officer or head of any Federal, State or local government agency or authority to the Department at the address of the District Mining Office indicated above each application within 30-days of this publication, or within 30-days after the last publication of the applicant's newspaper advertisement, as provided by 25 Pa. Code §§ 77.121—77.123 and 86.31—86.34 (relating to public notices of filing of permit applications, opportunity for comment, and informal conferences).
Written comments or objections related to a mining permit application should contain the name, address and telephone number of persons submitting comments or objections; application number; and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based.
Requests for an informal conference, or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code § 77.123 (relating to public hearing-informal conferences) or § 86.34 (relating to informal conferences), must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.
Where a National Pollutant Discharge Elimination System (NPDES) number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. A separate notice will be provided after the draft NPDES permit is prepared.
Coal Applications Received
Effluent Limits—The following range of effluent limits will apply to NPDES permits issued in conjunction with the associated coal mining activity permit and, in some cases, noncoal mining permits:
Table 1
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (total) 1.5 to 3.0 mg/l 3.0 to 6.0 mg/l 3.5 to 7.0 mg/l Manganese (total) 1.0 to 2.0 mg/l 2.0 to 4.0 mg/l 2.5 to 5.0 mg/l Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l Aluminum (Total) 0.75 to 2.0 mg/l 1.5 to 4.0 mg/l 2.0 to 5.0 mg/l pH1 greater than 6.0; less than 9.0 Alkalinity greater than acidity1 1 The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applied to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; and mined areas backfilled and revegetated; and drainage (resulting from a precipitation event of less than or equal to a 1-year 24-hour event) from coal refuse disposal piles.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200, (Contact: Ashley Smith).
Permit No. 14860103 and NPDES No. PA0115576. Keystone Coal Company, 1915 Wigmore St., Jacksonville, FL 32206, permit renewal for continued operation and restoration of a bituminous surface coal mine located in Curtin Township, Centre County, affecting 199.0 acres. Receiving stream(s): Beech Creek classified for the following use(s): CWF, MF. There are no potable water supply intakes within 10 miles downstream. Application received: October 29, 2021.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, (Contact: Theresa Reilly-Flannery).
Permit No. 54100101R2. Gale Mining Company, 1441 Oak Road, Pottsville, PA 17901, renewal of an existing anthracite surface mine and coal refuse disposal operation in Schuylkill Township, Schuylkill County, affecting 204.5 acres. Receiving stream: unnamed tributary to Schuylkill River. Application received: October 28, 2021.
Permit No. 40850102R6. Northeast Energy Company, 254 Johnson Street, Wilkes-Barre, PA 18702, renewal for reclamation activities only on an existing anthracite surface mine operation in Laurel Run Borough, Luzerne County, affecting 111.1 acres. Receiving stream: Spring Creek, classified for the following uses: CWF and MF. Application received: November 8, 2021.
Noncoal Applications Received
Effluent Limits—The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:
Table 2
30-day Daily Instantaneous Parameter Average Maximum Maximum Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l Alkalinity exceeding acidity* pH* greater than 6.0; less than 9.0 * The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.
Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, (814) 342-8200, (Contact: Ashley Smith).
Permit No. 08210303 and NPDES No. PA0269964. M.R. Dirt, Inc., 21186 Route 187, Towanda, PA 18848. Commencement, operation, and restoration of a large noncoal (industrial minerals) surface mine located in Wyalusing Township, Bradford County, affecting 17.6 acres. Receiving stream(s): Unnamed Tributary to Billings Creek and Unnamed Tributary to Brewer Creek classified for the following use(s): WWF, MF. There are no potable water supply intakes within 10 miles downstream. Application received: October 25, 2021.
PAM221003-GP104. Robert Johnson Flagstone, Inc., 3658 Old Stagecoach Road, Wyalusing, PA 18853. Renew coverage under the General NPDES Permit for Stormwater Discharges Associated with Mining Activities (BMP GP-104) on Noncoal Permit No. 08982801 located in Stevens Township, Bradford County. Receiving stream(s): Unnamed Tributary to Bennet Creek classified for the following use(s): WWF, MF. There are no potable water supply intakes within 10 miles downstream. Notice of Coverage received: November 2, 2021. Approval of Coverage: November 9, 2021.
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118, (Contact: Theresa Reilly-Flannery).
Permit No. 58970830. William H. Shay, 258 Shay Road, Thompson, PA 18465, Stage I & II bond release of a quarry operation in Gibson Township, Susquehanna County, affecting 1.0 acre on quarry owned by William H. Shay. Application received: October 29, 2021.
NPDES Permit No. PA0226246 (on GP105 No. 58212513). Gary Morrison, 478 Mountain View Estates, Montrose, PA 18801, NPDES Permit for discharge of treated mine drainage from a quarry operation in Liberty Township, Susquehanna County, affecting 10.0 acres. Receiving stream: unnamed tributary to Silver Creek, classified for the following use: HQ—cold water and migratory fishes. Application received: November 2, 2021.
MINING ACTIVITY NPDES DRAFT PERMITS This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).
The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.
Effluent Limits for Coal Mining Activities
For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).
The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:
30-Day Daily Instantaneous Parameter Average Maximum Maximum Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l Suspended solids 35 mg/l 70 mg/l 90 mg/l pH* greater than 6.0; less than 9.0 Alkalinity greater than acidity* *The parameter is applicable at all times. A settleable solids instantaneous maximum limit of 0.5 ml/l applies to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.
Effluent Limits for Noncoal Mining Activities
The limits for noncoal mining activities as provided in 25 Pa. Code Chapter 77 are pH 6 to 9 and other parameters the Department may require.
Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.
In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.
More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).
The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 563-2112-115, Developing National Pollutant Discharge Elimination System (NPDES) Permits for Mining Activities. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.
Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.
Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit within 30-days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.
The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30-days of this public notice and contain the name, address, telephone number and the interest of the party filing the request and state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.
Coal NPDES Draft Permits
Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, (570) 621.3118.
NPDES Permit No. PA0225215 (on Surface Mining Permit No. 40663034). Pagnotti Enterprises, Inc., 144 Brown Street, Yatesville, PA 18640, renewal of NPDES Permit in Foster Township, Luzerne County, affecting approximately 347.0 acres. Receiving streams: Oley Creek, Nescopeck Creek Watershed and Pond Creek, Lehigh Valley Watershed classified for the following uses: HQ-CWF, MF and HQ-CWF, respectively. This permit has no discharges (No outfall no flow). Application received: February 24, 2021
Noncoal NPDES Draft Permits
Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472.1900.
NPDES No. PA0595365 (Mining Permit No. 6476SM6). Union Quarries, Inc., 102 Bonnybrook Road, Carlisle, PA 17013, renewal/revision of an NPDES permit for limestone quarry in South Middleton Township, Cumberland County, affecting 278.43 acres. Receiving stream(s): Letort Spring Run, classified for the following use(s): Exceptional Value. Application received: September 2, 2021.
Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described previously for noncoal mining activities.
The following outfall discharges to Letort Spring Run:
Outfall Nos. New Outfall (Y/N) Type 001 N TFO The proposed effluent limits for the previously listed outfall are as follows:
Outfalls: 001 (All Weather Conditions) 30-Day Daily Instant. Parameter Average Maximum Maximum Total Suspended Solids (mg/l) 35.0 70.0 90.0 Flow (mgd) 6.0 Temperature (°C) Report Specific Conductance (µmhos/cm) Report Total Dissolved Solids (mg/l) Report pH (S.U.): Must be between 6.0 and 9.0 standard units at all times. Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901-2522, (570) 621.3118.
NPDES Permit No. PA0595080 (on Mining Permit No. 6277SM1). Compass Quarries, Inc., d/b/a Allan Myers Materials, 638 Lancaster Avenue, Malvern, PA 19355, renewal an NPDES Permit on a Large Noncoal Surface Mining Permit in Paradise Township, Lancaster County, affecting 157.1 acres. Receiving streams: Londonland Run and Eshleman Run, classified for the following uses: CWF, MF. The Department has made a tentative determination to impose effluent limitations, within the ranges specified in Table 1 in addition to the limits identified in Table 2. Application received: May 26, 2020.
Outfall Nos. New Outfall (Y/N) Type 001 N Pit Water & Stormwater 002 N Stormwater
Outfall: 001 30-Day Daily Instantaneous Parameter Minimum Average Maximum Maximum Discharge (MGD) 1.45 1.45 pH1 (S.U.) 6.0 Total Suspended Solids 35.0 70.0 90.0 Total Alkalinity (as CaCO3) (mg/L) Monitor and Report Total Acidity (as CaCO3) (mg/L) Monitor and Report Net Alkalinity (mg/L) 0.0 Turbidity (NTU) 40.0 80.0 100.0 Oil and Grease (mg/L) Monitor and Report
Outfall: 002 30-Day Daily Instantaneous Parameter Minimum Average Maximum Maximum Discharge (MGD) 22.96 csf pH1 (S.U.) 6.0 Total Suspended Solids 35.0 70.0 90.0 Total Alkalinity (as CaCO3) (mg/L) Monitor and Report Total Acidity (as CaCO3) (mg/L) Monitor and Report Net Alkalinity (mg/L) 0.0 Turbidity (NTU) 40.0 80.0 100.0 Oil and Grease (mg/L) Monitor and Report NPDES Permit No. PA0226106 (on Mining Permit No. 58110301). F.S. Lopke Contracting, LLC, 3430 State Route 434, Apalachin, NY 13732, transfer of an NPDES Permit on large Noncoal/Surface Mining Permit in New Milford Township, Susquehanna County, affecting 135.7 acres. Receiving streams: Mitchell Creek and Salt Lick Creek Watersheds classified for the following uses: CWF, MF and HQ-CWF, MF. The first downstream potable water supply intake from the point of discharge is greater than ten miles distance on the Susquehanna River. The Department has made a tentative determination to impose effluent limitations, within the ranges specified as listed as follows. Application received: August 30, 2021.
Outfall Nos. New Outfall (Y/N) Type 001 Y E&S Control 002 Y E&S Control
Outfalls: 30-Day Daily Instantaneous Parameter Minimum Average Maximum Maximum pH1 (S.U.) 6.0 9.0 Total Alkalinity (as CaCO3) (mg/L) Monitor And Report Total Acidity (as CaCO3) (mg/L) Monitor And Report Net Alkalinity (mg/L) 0.0 Total Suspended Solids (mg/L) 35.0 70.0 90.0 Discharge (MGD) [Each Discharge] 0.1 1 This Parameter is applicable at all times. NPDES Permit No. PA0034690 (on Surface Mining Permit No. 5777SM4). Barletta Materials & Construction, Inc., P.O. Box 550, Tamaqua, PA 18252, modification of an NPDES permit for a sand & gravel quarry operation in Nescopeck Township, Luzerne County, affecting 199.8 acres. Receiving streams: unnamed tributary to the Susquehanna River and Susquehanna River classified for the following uses: CWF, MF, WWF and WWF, MF, respectively. The Department has made a tentative determination to impose the following effluent limitations. Application received: July 24, 2020.
Outfall Nos. New Outfall (Y/N) Type 001 N TFO 002 N SWO
Outfalls: 001 30-Day Daily Instantaneous Parameter Minimum Average Maximum Maximum Flow (MGD) 0.13 1.54 Oil & Grease (mg/L) Report Total Suspended Solids (mg/L) 35.0 70.0 90.0 Iron, Total Report Aluminum, Total Report Alkalinity, Total (as CaCO3) (mg/L) Report Acidity, Total (as CaCO3) (mg/L) Report Net Alkalinity (mg/L) 0.0 pH (S.U.) 6.0 9.0 Total Settleable Solids (mL/L) 0.5
Outfalls: 002 30-Day Daily Instantaneous Parameter Minimum Average Maximum Maximum Flow (MGD) 1.17 Oil & Grease (mg/L) Report Total Suspended Solids (mg/L) 35.0 70.0 90.0 Alkalinity, Total (as CaCO3) (mg/L) Report Acidity, Total (as CaCO3) (mg/L) Report Net Alkalinity (mg/L) 0.0 pH (S.U.) 6.0 9.0 Total Settleable Solids (mL/L) 0.5
FEDERAL WATER POLLUTION CONTROL ACT SECTION 401 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department of Environmental Protection. Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341), requires the State to certify that the involved projects will not violate the applicable provisions of Sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317), as well as relevant State requirements. Persons objecting to approval of a request for certification under Section 401 or to the issuance of a Dam Permit or Water Obstruction and Encroachment Permit, or the approval of an Environmental Assessment must submit any comments, suggestions or objections within 30-days of the date of this notice, as well as any questions to the office noted above the application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed, and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.
The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Each individual will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between the hours of 8:00 AM and 4:00 PM on each working day at the office noted above the application.
If you are a person with a disability and wish to attend the hearing and you require an auxiliary aid, service or other accommodation to participate in the proceedings, please contact the specified program. TDD users may contact the Department through the Pennsylvania Hamilton Relay Service at (800) 654-5984.
WATER OBSTRUCTIONS AND ENCROACHMENTS
Applications Received Under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and Section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and Requests for Certification Under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).
Southeast Region: Waterways & Wetlands Program, 2 East Main Street, Norristown, PA 19401, Telephone 484.250.5160, E-mail: ra-epww-sero@pa.gov.
Permit No. E0901221-008, George W. & Barbara M. Karr, 61 Gessner Road, Kintnersville, PA 18930, Nockamixon Township, Bucks County, ACOE Philadelphia District.
George W. & Barbara M. Karr are proposing to perform the following water obstruction and encroachment activities associated with enlarging an existing pond and are listed as follows. Activities associated with enlarging an existing pond:
1. To excavate within wetland area (Wetland W3 RP) for enlargement of existing pond resulting in 6 linear feet (1,740 sq ft, 0.03 acre) of permanent wetland impact.
2. To excavate within wetland area (Wetland W4 PEM) for enlargement of existing pond resulting in 20 linear feet (2,600 sq ft, 0.05 acre) of permanent wetland impact.
This project is located at 156 Meginnes Road, Kintnersville, PA 18930, Nockamixon Township, Bucks County, (USGS PA Rieglesville Quadrangle—Latitude: 40.513344 N, Longitude: -75.213869 W).
Permit No. E0901221-009, Bucks County, 55 East Court Street, Doylestown, PA 18901, Tinicum Township, Bucks County, ACOE Philadelphia District.
To remove the old existing bridge and to construct and maintain at the same location a 50 ft. long by 19.5 ft. wide by 6.5 ft. high single span concrete encased steel bridge over Rapp Creek (EV/MF) associated with the replacement of poor classified load carrying components. The project is within Ridge Valley-Historic District and will include minor channel re-alignment to reduce erosion and provide sensitive design.
The site is located at Clay Ridge Road bridge over Rapp Creek near intersection with Bunker Hill Road (Bedminster, PA, USGS Quadrangle Latitude: 40.4818; Longitude: -75.146925) in Tinicum Township, Bucks County.
Northwest Region: Waterways & Wetlands Program, 230 Chestnut Street, Meadville, PA 16335-3481.
E3706221-002, Pennsylvania-American Water Company, 852 Wesley Drive, Mechanicsburg, PA 17055. New Castle Water Treatment Plant Improvements, in Neshannock Township, Lawrence County, ACOE Pittsburgh District (New Castle North, PA Quadrangle N: 41°, 01`, 2.802"; W: -80°, 21`, 40.936").
To construct and maintain upgrades to the existing water treatment plant including:
1. an approximately 2,395 square feet, multi-story addition to the existing filter building for the addition of a UV treatment system to the water treatment facility which includes the installation of approximately 195 feet of 30-inch water pipes and the 33 feet extension of the filter-to-waste pipe;
2. the replacement of the transformer including the installation of a raised platform with an elevated walkway;
3. maintenance to the existing building;
4. replacement of the underground electric lines to the generator;
5. the addition of a drop inlet, four new manholes, and connecting pipes to the existing storm drain system.
The project will result in approximately 0.322 acre of earth disturbance including 0.08 acre of permanent floodway impact and 0.154 acre of FEMA mapped floodplain impacts to Shenango River in Neshannock Township, Lawrence County.
Eastern Region: Oil & Gas Management Program, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
E0829221-015: Chesapeake Appalachia, LLC, 14 Chesapeake Lane, Sayre, PA 18840, West Burlington Township, Bradford County, ACOE Baltimore District.
To construct, operate and maintain:
1. a permanent access road impacting 1,075 square feet of a Palustrine Scrub-Shrub Wetland (East Troy, PA Quadrangle Latitude: 41.7887271°, Longitude: -76.642647°);
2. a 15 CMP culvert impacting 167 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.788830°, Longitude: -76.640750°);
3. a 15" CMP culvert impacting 106 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.788405°, Longitude: -76.638304°);
4. a 15" CMP culvert impacting 99 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.787262°, Longitude: -76.636504°);
5. a 15" CMP culvert impacting 112 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.786467°, Longitude: -76.635081°);
6. a 15" CMP culvert impacting 57 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.786434°, Longitude: -76.634756°);
7. a 15" CMP culvert impacting 50 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.784613°, Longitude: -76.632700°);
8. a 300` by 450` well pad impacting 656 linear feet of an unnamed tributary to Mill Creek (TSF, MF) (East Troy, PA Quadrangle Latitude: 41.784613°, Longitude: -76.632700°);
9. a 300` by 450` well pad impacting 23,854 square feet of a Palustrine Forested Wetland (East Troy, PA Quadrangle Latitude: 41.782000°, Longitude: -76.631530°);
This project is an after-the-fact permit that is associated with the Chesapeake Audit and will result in 1,247 linear feet of stream impacts, 124,976 square feet (2.87 acres) of floodway impacts, 1,075 square feet (0.02 acre) of permanent PSS wetland impacts and 23,854 square feet (0.55 acre) of permanent PFO wetland impacts, all for the purpose of installing a natural gas well pad and permanent access road for Marcellus Shale development in West Burlington Township, Bradford County. The permittee will provide 3.96 acres of PFO and PSS wetland mitigation and 2,386 linear feet of stream mitigation at Camp Brook Restoration (Elkland, PA Quadrangle, Latitude: 41.988385°, Longitude: -77.337152°), permit application number E5929221-006.
ENVIRONMENTAL ASSESSMENTS Northwest Region: Waterways & Wetlands Program, 230 Chestnut Street, Meadville, PA 16335-3481.
EA1006221-001, Cranberry Township, 2525 Rochester Lane, Cranberry, PA, 16066. Cranberry Park Stream Restoration, in Cranberry Township, Butler County, ACOE Pittsburgh District (Mars, PA Quadrangle N: 40.711017; W: -80.107948).
The applicant proposes to conduct restoration activities on approximately 810 linear feet of a UNT to Brush Creek. The project includes reestablishing floodplain connectivity, regrading incised stream banks, riparian plantings, and minor instream work.
Eastern Region: Oil & Gas Management Program, 208 West Third Street, Suite 101, Williamsport, PA 17701-6448.
EA0829221-002: Chesapeake Appalachia, LLC, 14 Chesapeake Lane, Sayre, PA 18840, Asylum and Terry Township, Bradford County, ACOE Baltimore District.
The construction of the existing well pad resulted in 3,659 square feet (0.08 acre) of temporary impacts and 1,045 square feet (0.02 acre) of permanent impacts to a Palustrine Emergent Wetland. The project proposes the removal of 1,045 square feet of existing well pad fill from and restoration activities within the wetland. The project will result in 9,857 square feet (0.23 acre) of temporary Palustrine Emergent Wetland impacts (Bushkill, PA Quadrangle, Latitude: 41.672274°, Longitude: -76.363586°). This project is associated with the Chesapeake Audit and the impacts are the result of removing fill from within the wetland in Asylum and Terry Township, Bradford County.
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