Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 98-927c

[28 Pa.B. 2700]

[Continued from previous Web Page]

ACTIONS TAKEN UNDER SECTION 401: FEDERAL WATER POLLUTION CONTROL ACT

ENCROACHMENTS

   The Department of Environmental Protection (Department) has taken the following actions on previously received Dam Safety and Encroachment permit applications, requests for Environmental Assessment approval and requests for Water Quality Certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

   Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law) to the Environmental Hearing Board, 400 Market Street, Floor 2, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users may contact the Board through the Pennsylvania Relay Service, 1 (800) 654-5984. Appeals must be filed with the Environmental Hearing Board within 30 days of receipt of written notice of this action 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 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.


Actions on applications filed 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 sections 5 and 402 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.402) and notice of final action for certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note: Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)

   Southeast Regional Office: Program Manager, Water Management Program, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428.

   E46-801.  Encroachment Permit. Sandy Run Country Club, 200 East Valley Green Road, Oreland, PA 19075-0116. To maintain a 120 foot long, 12-foot high, gabion wall that has been previously constructed. Also to construct and maintain an additional 96 feet of a 12-foot high gabion wall adjacent to an irrigation pond, located within the floodway of Sandy Run Creek (TSF). This site is situated at the Sandy Run Country Club, located near Walnut Avenue and east of Valley Green Road (Germantown, PA Quadrangle N: 21.9 inches; W: 10.1 inches) in Springfield Township, Montgomery County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   Northeast Regional Office: Regional Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) 826-5485.

   E45-335A.  Encroachment. Anthony Ponder, 860 Penn Estates, East Stroudsburg, PA 18301. To amend Permit No. E45-335 to include the placement of fill in an additional 0.03 acre of wetlands for the purpose of constructing an attached 1-car garage and wooden deck. The total wetland encroachment is approximately 0.08 acre. The project is located at Lot 154 of Penn Estates residential subdivision, Section D, approximately 1.7 miles west of the intersection of S. R. 0447 and S. R. 0191 (East Stroudsburg, PA Quadrangle N: 6.7 inches; W: 15.9 inches) in Stroud Township, Monroe County. The permittee is required to provide for 0.08 acre of replacement wetlands by participating in the Pennsylvania Wetland Replacement Project.

   Southcentral Regional Office: Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707.

   E22-369.  Encroachment. American Investors Realty Association, Barry Geftman, 608 Robinson Lane, Haverford, PA 17041. To place fill in 0.14 acre of wetlands along a tributary to Paxton Creek at a point along Crums Mill Road (Harrisburg East, PA Quadrangle N: 14.4 inches; W: 12.1 inches) in Lower Paxton Township, Dauphin County. American Investors Realty Association is required to provide mitigation for 0.24 acre of wetland onsite. This permit also includes 401 Water Quality Certification.

   E36-633.  Encroachment. Brecknock Township, 1026 Dry Tavern Road, Denver, PA 17517. To remove sediment deposits and alter the existing channel bottom for 195 linear feet, to construct a low-flow channel in a tributary to Muddy Creek. Rock slope protection will be constructed along 50 linear feet of stream bank, at the upstream work limit. Project will begin at the upstream edge of Horning Road culverts, near its intersection with Maple Grove Road (Terre Hill, PA Quadrangle N: 13.4 inches; W: 4.25 inches) in Brecknock Township, Lancaster County. A de minimis area of wetlands less than or equal to 0.05 acre will be filled to construct the low-flow channel configuration. This permit also includes 401 Water Quality Certification.

   E36-649.  Encroachment. Earl Township, Clarence Buch, 517 N. Railroad Ave., New Holland, PA 17557. To remove three existing road structures, construct and maintain new road culverts. Project includes (1) four 30-inch pipe culverts at Station 41+49, with 30 linear feet of riprap channel lining at the inlet and outlet ends. To realign a tributary of Mill Creek by construction of a 3-foot wide trapezoidal channel, beginning 125 feet upstream and 150 feet downstream of the pipe culverts; (2) to realign the tributary and construct about 450 linear feet of 4-foot bottom width trapezoidal channel and to construct a 2-foot diameter cross-drain culvert at Station 32+25; and (3) twin cell concrete box culverts, each having a 9-foot span × 1.5-foot rise on a 50 degree skew, with 30 linear feet of riprap inlet and outlet protection will be constructed at Station 12+36. The proposed activities are a part of the South Custer Avenue Road realignment and channel improvement project (New Holland, PA Quadrangle N: 16 inches; W: 12 inches) located south of New Holland Borough in Earl Township, Lancaster County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   E44-093.  Encroachment. James Aumiller, Sr., 193 Sigler St., P. O. Box 368, Milroy, PA 17063. To construct and maintain a steel stringer bridge having a span of 21.0 feet and an underclearance of 7.0 feet across Treaster Run for the purpose of creating a private access drive for transporting timber located about 1.7 miles east by northeast of the village of Siglerville (Burnham, PA Quadrangle N: 6.2 inches; W: 0.4 inch) in Armagh Township, Mifflin County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   E50-191.  Encroachment. Kelly Ragan, 1050 Dellville Road, Duncannon, PA 17020. To construct and maintain a 4-foot by 8-foot arch culvert in the channel of a tributary to Shermans Creek and to fill 0.002 acre of wetlands at a point along Dellville Road (Shermansdale, PA Quadrangle N: 24.1 inches; W: 0.3 inch) in Wheatfield Township, Perry County. The amount of wetland impact is considered to be de minimis and wetland mitigation is not required. This permit also includes 401 Water Quality Certification.

   Northcentral Region: Water Management, Soils and Waterways, F. Alan Sever, Chief, 208 West Third St., Williamsport, PA 17701.

   E08-331.  Encroachment. Corry Sickler, R. R. 6, Box 6040, Towanda, PA 18840. To place and maintain fill in 0.15 acre of a 1.0 acre palustrine emergent/scrub-shrub wetland for the purpose of constructing a commercial business. The development encompassed 3.6 acres of undeveloped land. The site is located approximately 0.5 mile west of the SR 006/SR0187 intersection, just south of SR 006 (Towanda, PA Quadrangle N: 4 inches; W: 4.5 inches) in Wysox Township, Bradford County.

   E14-316.  Encroachment. Pa. Dept. of Transportation, 1924-30 Daisy St., Clearfield, PA 16830. To remove the existing structure and to construct and maintain a twin cell precast concrete box culvert with each cell having a span of 14 feet and rise of 9 feet, depressed 1 foot below the stream bed in Six Mile Run located on SR 504 next to Six Mile Road (Black Moshannon, PA Quadrangle N: 6.12 inches; W: 2.75 inches) in Rush Township, Centre County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   E18-250.  Encroachment. James Nestlerode, 685 Pennsylvania Ave., South Renovo, PA 17764. To construct and maintain a 13 foot by 24 foot by 12 foot high gazebo style structure with deck and concrete pad in the floodway of the West Branch Susquehanna River. The project is located about 2,500 feet west of Farrandsville Rd. and 6,500 feet south of the intersection of Queens Run Road with Farrandsville Road (Lock Haven, PA Quadrangle N: 6.0 inches; W: 13.2 inches) in Woodward Township, Clinton County. This permit was issued under section 105.13(e) Small Projects.

   E53-311.  Encroachment. DCNR, Bureau of Forestry, 3150 E. Second St., Coudersport, PA 16915-0673. To construct and maintain a 112 inch wide by 75 inch high corrugated metal pipe with associated fill and riprap in the East Fork of Sinnemahoning Creek located at a gas pipeline crossing which is approximately 3,000 feet southeast of the Rock Ridge Road and SR 0044 intersection (Cherry Springs, PA Quadrangle N: 7.42 inches; W: 14.6 inches) in Summit Township, Potter County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   E60-133.  Encroachment. Chris L. Wheeland, 1241 Warrensville Rd., Montoursville, PA 17754. To remove the existing home and to construct and maintain a new home in the floodway of the West Branch Susquehanna River located on Maplewood Dr. approximately 300 feet north of Groover Road (Northumberland, PA Quadrangle N: 8.3 inches; W: 15.0 inches) in East Buffalo Township, Union County. This permit was issued under section 105.13(e) Small Projects.

   E14-319.  Encroachment. Corl Farm Inc., Galen Dreibelis, 1535 N. Atherton St., State College, PA 16830. To construct, operate and maintain a stream enclosure in an unnamed tributary to Big Hollow Run to provide access for a residential development. The stream enclosure shall be constructed with a corrugated metal culvert pipe that will have a diameter of 36 inches and a length of 125 feet. The project is located along the southern right-of-way of SR 0322 (Business Route) approximately 350 feet west of the intersection of Circleville Road and Farmstead Lane (Julian, PA Quadrangle N: 5.9 inches; W: 3.4 inches) in Ferguson Township, Centre County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   E14-320.  Encroachment. Raymond G. Woodring Jr., 10013 South Eagle Rd., Port Matilda, PA 16870. Construct, operate and maintain an earthen levee for the protection of private property from flooding along an unnamed tributary to Bald Eagle Creek. The levy shall be constructed with a maximum length of 215 feet, maximum top width of 13 feet, maximum height of 2.5 feet and vegetated earthen top and side slopes that is located along the eastern right-of-way of SR 0220 approximately 2.6 miles south of the intersection of SR 0322 and SR 0220 (Port Matilda, PA Quadrangle N: 5.5 inches; W: 11.3 inches) in Taylor Township, Centre County. This permit was issued under section 105.13(e) Small Projects.

   E18-247.  Encroachment. J. Michael and Mary Jo Williamson, P. O. Box 906, Lock Haven, PA 17745-0906. To construct, operate and maintain a horse barn in the floodway of the West Branch Susquehanna River. The work shall consist of constructing a horse barn that has a length of 24 feet and a width of 12 feet that is located along the eastern right-of-way of SR 0220 approximately 1.1 miles west of the intersection of SR 1002 and T-426 (Lock Haven, PA Quadrangle N: 3.0 inches; W: 4.4 inches) in Dunnstable Township, Clinton County. This permit was issued under section 105.13(e) Small Projects.

   Southwest Regional Office: Soils and Waterways Section, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

   E63-448.  Encroachment. PA Department of Transportation, Engineering District 12-0, P. O. Box 459, Uniontown, PA 15401. To remove the existing bridge and to construct and maintain a single span, prestressed concrete bridge having a normal span of 84.0 feet with an underclearance of 13.7 feet across Mingo Creek (TSF), to realign, clean and maintain the channel of said stream for a distance of approximately 205.0 feet and to place and maintain rip-rap bank stabilization along the banks of said stream for a distance of approximately 205.0 feet. The project is located on SR 0088, Section 00D, approximately 1,800.0 feet southwest from the intersection of SR 837 (Monongahela, PA Quadrangle N: 15.1 inches; W: 12.5 inches) in New Eagle Borough, Washington County.

   E65-687.  Encroachment. PA Department of Transportation, Engineering District 12-0, P. O. Box 459, Uniontown, PA 15401-0459. To remove the existing structure and to construct and maintain a 45-foot long, rigid frame culvert having a normal span of 11.0 feet and an underclearance of 7.0 feet across Belson Run (WWF) located on SR 3089 Section G01, Segment 0140, Offset 1748. The project includes construction and maintenance of a 72-inch diameter temporary pipe culvert (Mt. Pleasant, PA Quadrangle N: 14.6 inches; W: 17.1 inches) in Hempfield Township, Westmoreland County. This permit was issued under section 105.13(e) Small Projects. This permit also includes 401 Water Quality Certification.

   Northwest Regional Office: Soils and Waterways Section, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942.

   E10-275.  Encroachment. Breakneck Creek Regional Authority, 1166 Mars-Evans City Road, Mars, PA 16046. To place fill within the 50-foot floodway on the left side of a tributary to Breakneck Creek beginning at Mars-Evans City Road and extending downstream approximately 140 feet for a driveway associated with construction of an office building at the Breakneck Creek Regional Authority Wastewater Treatment Plant approximately 1.2 miles north of Hutchman Road (Mars, PA Quadrangle N: 17.5 inches; W: 13.6 inches) located in Adams Township, Butler County.

   E37-117.  Encroachment. Chad A. Marinelli, 19 Bellaire Drive, New Castle, PA 16105. To operate and maintain a steel beam bridge having a clear span of 19 feet and a maximum underclearance of 7 feet across McKee Run for a private driveway access to Cilli Subdivision Parcel No. 1 south of Union Valley Road approximately 0.5 mile east of S. R. 2001 (Savannah Road) at the Village of Union Valley (New Castle South, PA Quadrangle N: 11.25 inches; W: 11.4 inches) located in Shenango Township, Lawrence County.

   Construction of this bridge was authorized by a General Permit, BDWM-GP-8, Temporary Road Crossing, No. GP083797604 acknowledged August 8, 1997, in response to the Department's Notice of Violation dated July 9, 1997.

   E43-266.  Encroachment. Borough of Grove City, 123 West Main Street, P. O. Box 110, Grove City, PA 16127. To remove the existing bridge superstructure and to repair and maintain the bridge abutments along Wolf Creek approximately 500 feet upstream of East Pine Street (Grove City, PA Quadrangle N: 6.5 inches; W: 11.5 inches) located in Grove City Borough, Mercer County.


SPECIAL NOTICES

Public Hearing Notice

102/NPDES/Stormwater Construction Activities

   The Department of Environmental Protection (DEP) Water Management Program will be holding a fact finding hearing on the following Stormwater NPDES permit applications:

   352 Associates, Lincoln Highway and Sproul Rd. Shopping Center, PAS10-G318; and Liberty Property Trust, 600--700 Chesterfield Parkway, PAS10-G320.

   The hearing is scheduled for July 21, 1998, at 1:30 p.m. at Chester County Conservation District Office, Government Services Center, Conference Room 240, 610 Westtown Road, West Chester, PA 19382-4519, Chester County. The hearing is being held to solicit pertinent comments on these applications. These applications are for stormwater construction activities, with a discharge to Valley and Little Valley Creeks. A copy of these applications are available for review in the Southeast Regional Office's Record Management Section, (610) 832-6268. Those interested in reviewing these applications should call to schedule a date to review the files. The project sponsors are: 352 Associates, 50 Exeter Avenue, Haverford, PA 19401; and Liberty Property Trust, 65 Valley Stream Parkway, Great Valley Corporate Center, Malvern, PA 19355.

   Comments received will be considered by DEP in completing its review and prior to taking final actions concerning these applications. The hearing will not be a question and answer session.

   Persons intending to make a presentation at the hearing should submit written notice to the Regional Manager, Water Management Program at the above address. The notice should include name, address and phone number; whether a person is opposed or in favor of the project; and a brief statement about the presentation. Comments should be kept brief and, depending on the number of speakers, may be limited to 10 minutes per speaker. Where groups are represented, a spokesperson is requested to present the group's concerns. Persons wishing to present written material directly to DEP may do so within 30 days following the hearing.

   Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodations to participate in the proceedings, should contact Sharon Moore, at (610) 832-6073. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

Bureau of Water Quality Protection

Public Notice of Proposed General NPDES Permit for Discharges from Hydrostatic Tests of Tanks and Pipelines (PAG#10)

   In compliance with the provisions of the Federal Clean Water Act, The Clean Streams Law (35 P. S. §§ 691.1--691.1001), sections 1905-A, 1917-A and 1920-A of The Administrative Code of 1929 (71 P. S. §§ 510-5, 510-17 and 510-20), the Department of Environmental Protection (Department) by this notice seeks public comments on the proposed General NPDES Permit, the general permit Application--(Notice of Intent) and other related documents for Discharges from Hydrostatic Tests of Tanks and Pipelines to be conducted in this Commonwealth. The documents set forth the effluent limitations and other terms and conditions of the permit and eligibility criteria to apply for the general permit. An individual permit will be required for any discharges to the waters designated for Special Protection in 25 Pa. Code Chapter 93. In addition, a public hearing is also required for discharges to exceptional value waters.

   The draft permit documents package is on file in the Department's Central Office in the Division of Wastewater Management, Bureau of Water Quality Protection at the following location. The documents package can be obtained by writing to the following address or by calling the telephone number given: Department of Environmental Protection, Bureau of Water Quality Protection, Division of Wastewater Management, Rachel Carson State Office Building, P. O. Box 8774--11th Floor, Harrisburg, PA 17105-8774, (717) 787-8184. E-mail address: Patel.ratilal@A1.DEP.STATE.PA.US. World Wide Web Address: HTTP://WWW.DEP.STATE.PA.US.

   The Department invites public comments on the proposed general permit documents package. All comments must be submitted within 30 days from the date of the publication of this notice in the Pennsylvania Bulletin. If there is significant public interest in the general permit or if requested, the comment period may be extended at the discretion of the Department for an additional 15-day period. Only the comments received within the specified period will be considered in the formulation of the final documents for this general permit. Persons wishing to comment should include in comments their name, address and telephone number and a concise comment statement to inform the Department of the exact basis of the comment and the relevant facts upon which it is based. A public meeting or hearing may be held if the Department considers the public interest and/or comments significant.

   Written comments should be submitted at the above address. The comments will also be accepted by electronic mail to be sent at patel.ratiall@A1.DEP.STATE.PA.US. Persons with a disability may use the AT&T Relay Service by calling 1 (800) 654-5984 (TDD users) or 1 (800) 654-5988 (voice users). Comments will not be accepted by facsimile or on voice mail. Following the specified comment period, the Department will review all submitted comments, prepare written comments and response document (CRD) and prepare final documents package for this permit. An availability of the final permit documents will be announced in the Pennsylvania Bulletin. Persons wishing to also receive a copy of the final documents may request them by contacting the above addresses or telephone numbers.

   Once the availability of the final general permit is published for the applicant's use, the applicant may apply to the Department for use of the permit at a single discharge point or for Statewide use depending upon how the applicant conducts the testing operations. In addition, the Department may allow existing individual permit holders of the discharges to apply for and obtain coverage under the general permit when the existing permit is due for renewal. The permit coverage approval will be contingent upon the applicant's eligibility to apply for the general permit and a demonstration of compliance with all effluent limitations, and other terms and conditions of the permit.

Notice of Proposed Consent Decree, Amendment to the Statement of Decision, and Reopening of the Administrative Record.

Easterly Sewage Treatment Plant Site
Logan Township, Blair County

Proposed Consent Decree

   The Department of Environmental Protection (DEP) under the authority of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.101--6020.1304) has entered into a Proposed Consent Decree with American Premier Underwriters (APU). Under the proposed Consent Decree, APU will perform the final remedial response action for the Easterly Sewage Treatment Plant Site. The final remedial response action was proposed by APU and approved by the DEP. The final remedial response action proposed by APU replaces the final remedial response action selected by the DEP in its June 1994 Statement of Decision (SOD). The final remedial response action which will be carried out is a combination of air sparging and soil vapor extraction (AS/SVE). The AS/SVE technology employs a series of wells and soil vents to inject air into the water table and to extract soil gases from the unsaturated portion of the soil, to volatize and otherwise strip VOCs from the soil and groundwater and collect the VOCs for treatment in a granulated activated carbon filter system. Under the Proposed Consent Decree, APU will reimburse the DEP for its past response costs in the amount of $524,500. APU will also reimburse the DEP for its future response and oversight costs. The Proposed Consent Decree also provides for a Covenant Not to Sue and reservation of rights provided under section 505 of the Land Recycling and Environmental Remediation Standards Act (Act 2), and under section 706 of HSCA, and for contribution protection under section 705(c)(a) of HSCA. The Proposed Consent Decree is authorized by section 505(g) of HSCA. The Consent Decree is entered into in order to expedite efficient remedial action, to minimize prolonged litigation and to resolve APU's liability to the DEP under a Cost Recovery Complaint filed by the DEP against APU, the City of Altoona (City) and the Altoona City Authority (ACA) in November 1995. The City and the ACA are not parties to the Consent Decree. The Proposed Consent Decree will be lodged with the Pennsylvania Commonwealth Court in Harrisburg, PA during the 60-day public comment period provided for under HSCA section 1113.

   The Easterly Site is located approximately 0.25 mile north of East Altoona in Logan Township, Blair County, PA. The site includes two waste pits which were discovered in August, 1989 during construction at the Easterly Sewage Treatment Plant to upgrade the facility. The pits are located immediately north of several treatment plant buildings and south of lagoons that contain sludges generated at the treatment plant. The combined surface area of the two pits is approximately 27,000 square feet. The DEP conducted a Preliminary Site Investigation in 1989. The investigation revealed that groundwater was contaminated as a result of a release of hazardous substances from the waste pits. Waste and hazardous substances in the pits contained PCBs and volatile organic compounds (VOCs) including benzene, vinyl chloride, trichloroethene (TCE) and tetrachloroethene (PCE). The DEP then conducted an interim response, under section 505 of HSCA, in 1990--1991, which included excavation of approximately 8,000 cubic yards of soils from the pits and placement of the waste in an impoundment designed as an interim storage facility on the property. The material stored in the surface impoundment will be addressed during the final remedial response.

   This Notice is being provided under section 1113 of HSCA and is being published in the Pennsylvania Bulletin and the Altoona Mirror. The Proposed Consent Decree is available for public review and comments and is located in the Administrative Record for the Easterly Sewage Treatment Plant site which is maintained by the DEP in its Southcentral Regional Office at 909 Elmerton Avenue, Harrisburg, PA 17110 and in its Altoona District Office at 615 Howard Avenue, Altoona, PA 16601. Persons wishing to submit written comments may do so by sending them to Noreen Wagner at the Harrisburg address.

   The public comment period extends for 60 days from the date of publication in the Pennsylvania Bulletin. At the close of the public comment period, the DEP will file responses to any significant written comments received during the public comment period. Unless the DEP determines, based upon the public comments received, that the Consent Decree is not in the public interest, the DEP and APU will then file a Joint Motion to Enter the Consent Decree with the Commonwealth Court, requesting the Court approve the Consent Decree. The Consent Decree becomes final upon the Court's approval and entry of the Consent Decree.

Proposed Amendment to Statement of Decision

   In June 1994, the DEP issued a Statement of Decision (SOD) for the Easterly Site. In the SOD, the DEP identified and selected a final remedial response for the Site which consisted of onsite, ex-situ soil washing. The DEP's remedy involved excavation of all contaminated material followed by an organic solvent extraction process. Extracted contaminants would be disposed offsite and treated material was to be disposed according to Pennsylvania's Residual Waste regulations. The remedy also included extraction and treatment of contaminated groundwater.

   APU has proposed an alternative remedial response which will address the release of hazardous substances from the Site which will be performed in substitution for the final remedial response selected DEP in its 1994 SOD. The DEP has reviewed and approved the Clean-Up Plan for the alternative remedial response. The alternative remedial response to be performed by APU is a combination of air sparging and soil vapor extraction (AS/SVE). The AS/SVE technology employs a series of wells and soil vents to inject air into the water table and to extract soil gases from the unsaturated portion of the soil, to volatize and otherwise strip VOCs from the soil and groundwater and collect the VOCs for treatment in a granulated activated carbon filter system. The remedial response will be carried out under the Proposed Consent Decree described above.

   The DEP proposes to amend the SOD for the Easterly Site, as set forth in the following, by: i) replacing the DEP's response action with the remedial response action to be implemented by APU outlined in Section III (Selected Response); and ii) amending the ARARS Section to delete the groundwater protection strategy and add the cleanup standards provided for under Act 2.

Applicable or Relevant and Appropriate Requirements (ARARS)

   In the ARARS Section, Chapter 3 of the Land Recycling and Environmental Standards Act (35 P. S. §§ 301--304) and the regulations promulgated thereunder, 25 Pa. Code Chapter 250 §§ 250.1--250.708 has been added. In the section titled ''To Be Considered (TBC) Material,'' the 'groundwater protection strategy' has been deleted.

Selected Response

   The DEP's final remediation response involved excavation of all contaminated material followed by an organic solvent extraction process. Extracted contaminants would be disposed offsite and treated material was to be disposed according to Pennsylvania's Residual Waste regulations. The remedy also included extraction and treatment of contaminated groundwater. The remedial response to be performed in substitution for DEP's selected remedy is a combination of air sparging and soil vapor extraction (AS/SVE). The AS/SVE technology employs a series of wells and soil vents to inject air into the water table and to extract soil gases from the unsaturated portion of the soil, to volatize and otherwise strip VOCs from the soil and groundwater and collect the VOCs for treatment in a granulated activated carbon filter system. The DEP has determined that the remedial response to be performed by APU meets the Act 2 cleanup standards. The Department proposes no other amendments to the SOD.

Reopening of the Administrative Record

   The DEP is also reopening the Administrative Record for the Easterly Sewage Treatment Plant Site, under the authority of section 506(g) of HSCA and 25 Pa. Code § 3.33, in order to include documentation of its response costs incurred in addressing the release and threat of release of hazardous substances from the Easterly Site, and to add the amended SOD. The DEP opened the administrative record, under section 506 of HSCA on October 31, 1992 to allow the public to comment on the DEP's proposed Response for the Site. The Administrative Record was closed on June 27, 1994 upon filing of the DEP's SOD. The documentation of the DEP's response costs is provided for under section 505(g)(3) of HSCA and 25 Pa. Code § 3.11(c)(3).

   This notice is being provided under section 506(h) of HSCA and 25 Pa. Code § 3.33, and is being published in the Pennsylvania Bulletin and The Altoona Mirror. The Proposed amendment to the SOD and documentation of response costs are available for public review and comments, and they are located in the Administrative Record for the Easterly Sewage Treatment Plant Site which is maintained at the DEP's Southcentral Regional Office located at 909 Elmerton Avenue, Harrisburg, PA 17110 and its Altoona District Office at 615 Howard Avenue, Altoona, PA 16601. Persons wishing to submit written comments may do so by sending them to Noreen Wagner at the Harrisburg address. Persons wishing to have a public hearing on the proposed amendment to the SOD or the reopening of the Administrative Record may request DEP to hold a public hearing by submitting a written request to Noreen Wagner at the Harrisburg address. The written request must be made within 30 days of this notice.

   The public comment period extends for 60 days from the date of publication in the Pennsylvania Bulletin. At the close of the public comment period, DEP will file responses to any significant written comments received during the public comment period. The proposed amendment to the SOD outlined above will become final upon filing of the DEP's response to written comments.

Notice of Certification to Perform Radon-Related Activities in Pennsylvania

   In the month of May 1998, the Department of Environmental Protection of the Commonwealth of Pennsylvania, under the authority contained in the Radon Certification Act (63 P. S. §§ 2001--2014) and regulations promulgated thereunder at 25 Pa. Code Chapter 240, has certified the persons listed as follows to perform radon-related activities in this Commonwealth. The period of certification is 2 years. For a complete list of persons currently certified to perform radon-related activities in this Commonwealth and for information as to the specific testing devices that persons certified for testing or laboratory are certified to use, contact the Bureau of Radiation Protection, Radon Division, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) 23 RADON.

Type of
NameAddressCertification
Edward Cummins140 Walnut Street
Spring City, PA 19475
Testing
Kevin DeppeP. O. Box 987
Cherryville, PA 18035
Testing
David Grammer
Stone Ridge/Radata, Inc.
27 Ironia Road, Unit 2
Flanders, NJ 07836
Mitigation
House-Check, Inc.P. O. Box 731
Valley Forge, PA 19482
Testing
Mark Kuloszewski113 Valley Street
Exeter, PA 18643
Testing
Mitigation
Frank Marsico504 Woodcrest Drive
Mechanicsburg, PA 17055
Testing
Charles Patton
Alpha Energy Labs
1555 Valwood Parkway, Suite 100
Carrollton, TX 75006
Laboratory
Surekha Paunikar
Alpha Environmental, Inc.
2430 Rosewood Lane
Havertown, PA 19083
Testing
Radon Detection1317 Gwynedale Way
Lansdale, PA 19446
Testing
[Pa.B. Doc. No. 98-927. Filed for public inspection June 12, 1998, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.