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PA Bulletin, Doc. No. 00-1132b

[30 Pa.B. 3273]

[Continued from previous Web Page]

PUBLIC HEARING NOTICE

Preliminary Determination to Issue Air Quality Plan Approval No. 06-05100; Public Hearing

   CPN Berks LLC has submitted an application to the Southcentral Regional Office of the Department of Environmental Protection (Department) for construction of a turbine electric generating facility. The proposed facility is to be located in Ontelaunee Township, Berks County, along the east side of PA Route 61, 1 mile north of the intersection of US Route 222 and Pa. Route 61.

   The proposed facility will generate up to 544 megawatts of electricity for sale to the local electrical utilities. The primary fuel will be natural gas. The major components of the facility are:

   (a)  Two Siemens-Westinghouse 501F gas combustion turbines (182 MW each)

   (b)  Two un-fired heat recovery steam generators (HRSG)

   (c)  Steam turbine electric generator (180 MW)

   (d)  Mechanical draft cooling tower with mist eliminators

   (e)  Two Selective Catalytic Reduction (SCR) control devices

   (f)  Stand-by Diesel Generator (127 kW) (Fire Pump) and storage tank.

   The proposed turbines will exhaust through two 175-foot stacks with emissions monitoring systems for each turbine. The stack height meets the EPA good engineering practice (GEP) stack height requirement. A modeling analysis was conducted for CO, NOx, SO2, and PM10. The modeling used 5 years of meteorological data collected by the National Weather Service and the EPA-approved ISCST3 model. The model indicated that none of the emissions from turbines will have a significant impact on the surrounding area. Additional analyses were performed to assess the proposed facility's impact on soils, vegetation and visibility in the area and the closest Class I Area. The predicted impacts from all modeled pollutants fell within the allowable concentration levels.

   The following table summarizes the potential emissions from maximum operation of the facility according to the applications submitted and the Department's analysis:

Pollutanttons/year
Nitrogen Oxides (NOx)212
Volatile Organic Compounds (VOC)  49
Carbon Monoxide (CO)438
Sulfur Dioxide (SO2)  91
Particulate Matter (TSP/PM-10)  99
Ammonia266

   A number of trace elements are also expected to be present at less than detectable levels in the turbine exhaust. These insignificant emissions are largely due to very minor concentrations of naturally occurring metals in the fuel and the combining of water vapor with SO2.

   The plan approval will contain the following conditions to ensure compliance with the noted regulations:

   General Requirements

   (1)  This plan approval is issued for the construction of a combined cycle turbine electric generating plant including the following:

   a.  Two natural gas fired combustion turbines (Siemens- Westinghouse Model 501F) rated at 182 MW (gross) controlled by dry, low NOx, lean-burn combustion and selective catalytic reduction (SCR).

   b.  Mechanical draft cooling tower with mist eliminators.

   c.  Heat recovery steam generator (180 mw).

   d.  Emergency diesel fire pump (127 kw) with small diesel fuel storage tank (200 gallons).

   (2)  This approval to construct shall become invalid if:

   a.  Construction [as defined in 40 CFR 52.21(b)(8)] has not commenced within 18 months of the issue date of this approval; or,

   b.  Construction is discontinued for a period of 18 months or more.

   (3)  The gas combustion turbines are subject to Subpart GG of the Standards of Performance for New Stationary Sources and shall comply with all applicable requirements of this Subpart. 40 CFR 60.4 requires submission of copies of all requests, reports, application, submittals, and other communications to both EPA and the Department. The EPA copies shall be forwarded to:  Director, Air Protection, U. S. EPA, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029.

   (4)  The gas combustion turbines are subject to the Title IV Acid Rain Program of the Clean Air Act Amendments of 1990 and shall comply with all applicable provisions of that Title, to include the following:

40 CFR Part 72Permits Regulation
40 CFR Part 73Sufur Dioxide Allowance System
40 CFR Part 75Continuous Emission Monitoring
40 CFR Part 77Excess Emissions

   (5)  The gas combustion turbines are subject to the NOx Budget Program established in 25 Pa. Code §§ 123.102--123.120 and shall comply with all applicable requirements.

   Emission Limits and Offset Requirements

   (6)  Under 25 Pa. Code Chapter 127, Subchapter E, New Source Review, the permittee shall secure Department-approved nitrogen oxide (NOx) Emission Reduction Credits (ERCs) in the amount of 244.3 tons prior to the commencement of operation of the gas turbines.

   (7)  The permittee shall limit the facility emissions of NOx to 212.4 tons during any consecutive 12-month period.

   (8)  The permittee shall limit the gas turbine emissions of carbon monoxide (CO) to 438 tons during any consecutive 12-month period.

   (9)  The permittee shall limit the facility emissions of volatile organic compounds (VOC) to 49 tons during any consecutive 12-month period.

   (10)  Under Lowest Achievable Emission Rate (LAER) provisions of 25 Pa. Code § 127.205, the permittee shall limit the emissions from each gas turbine to the following (measured 1-hour average on a dry volume basis corrected to 15% oxygen):

   NOx--3.5 ppmv (0.0131 pounds per million BTU)

   (11)  Under Best Available Control Technology (BACT) provisions of 25 Pa. Code § 127.83, the permittee shall limit the emissions from each gas turbine to the following (measured 1-hour average on a dry volume basis corrected to 15% oxygen):

   Carbon Monoxide--10.0 ppmv (0.0228 pounds per million BTU)

   Sulfur Dioxide--0.0056 pounds per million BTU

   TSP/PM10--0.0061 pounds per million BTU

   VOC (as Methane)--1.8 ppmv (0.0023 pounds per million BTU)

   HsSO4 Mist--0.0003 pounds per million BTU

   (12)  Under the Best Available Technology (BAT) provision of 25 Pa. Code § 127.1, the permittee shall limit the emission of ammonia from each SCR to 10 ppmv, measure dry volume corrected to 15% oxygen under normal operation.

   (13)  The emissions in Conditions 11, 12 and 13 above apply at all times except during periods of start-up and shutdown as defined as follows:

   a.  Cold Start-up:  Refers to restarts made more than 12 hours after shutdown; cold start-up periods shall not exceed 4 hours per occurrence.

   b.  Hot Start-up:  Refers to restarts made 12 hours or less after shutdown; hot start-up periods shall not exceed 2 hours per occurrence.

   c.  Shutdown:  Commences with the termination of fuel injection into the combustion chambers.

   (14)  The operation of the source shall not result in visible or malodorous emissions.

   Testing

   (15)  Within 60 days after achieving the maximum firing rate, but not later than 18 days after start-up, the permittee shall demonstrate compliance with each of the emission limits, except VOCs, established in Conditions 11, 12 and 13 above and opacity, as per Pa. Code Chapter 139 and 40 CFR. The testing shall be conducted while the turbines are operating at or above 95% capacity.

   (16)  Within 60 days after achieving the maximum firing rate, but no later than 180 days after startup, the permittee shall demonstrate compliance with the VOC emission limit established in Condition 12 above, as per Pa. Code Chapter 139. The testing shall be done while the turbines are operating in two load ranges:  60 to 85% of maximum load and 85 to 100% of maximum load. Additional testing shall be conducted to determine the VOC emissions of the sources during both cold and hot start-ups.

   (17)  The permittee shall retest the VOC emissions during operation every 12 months after the initial testing. The testing shall be conducted during both load ranges:  60 to 85% and 85 to 100% of maximum load.

   (18)  At least 60 days prior to the test, the company shall submit to the Department for approval the procedures for the test and a sketch with dimensions indicating the location of sampling ports and other data to ensure the collection of representative samples.

   (19)  At least 30 days prior to the test, the Regional Air Quality Program Manager shall be informed of the date and time of the test.

   (20)  Within 30 days after the source test(s), three copies of the complete test report, including all operating conditions, shall be submitted to the Regional Air Quality Program Manager for approval.

   Monitoring Requirements

   (21)  Continuous emission monitoring system for exhaust gas flow, nitrogen oxides (as NO2), carbon monoxide (CO) and oxygen must be approved by the Department and installed, operated and maintained in accordance with the requirements of Chapter 139 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection. Proposals containing information as listed in the Phase I section of the Department's Continuous Source Monitoring Manual for the CEMS must be submitted at least 3 months prior to start-up of the turbines.

   (22)  Phase I Department approval must be obtained for the monitors above prior to initial startup of the source. Phase III Department approval must be obtained within 60 days of achieving the maximum production rate at which the source will be operated, but not later than 180 days after initial startup of the source. Department review time for the Phase III report (time between postmark of company's Phase III report and the postmark of the Department's response letter) will not be charged against the source in determining compliance with this condition. Information on obtaining Department approval is included in the Department's Continuous Source Monitoring Manual.

   (23)  The permittee shall install and maintain fuel flow monitors that meet the requirements of 40 CFR Part 75.

   (24)  The permittee shall monitor the sulfur and nitrogen content of the fuel being fired in the gas turbines as per 40 CFR 60.334(b), unless the permittee receives approval from the US EPA to use an alternative method as per 40 CFR 60.13.

   (25)  The permittee shall monitor and record the following parameters for each SCR system:

   a.  Catalyst bed inlet gas temperature

   b.  Ammonia solution injection rate

   c.  Ammonia solution concentration.

   Record Keeping and Reporting

   (26)  The permittee shall record each start-up and shutdown, including date and times of each event.

   (27)  The permittee shall, at the minimum, record the following:

   a.  Monthly fuel consumption

   b.  12-month rolling total fuel consumption

   c.  Monthly emissions of TSP/PM 10, SO2, NOx, CO and VOC

   d.  12 month rolling total of above emissions

   e.  Results of fuel sampling

   f.  SCR monitoring results

   (28)  All emissions shall be determined by the methods found in 40 CFR Part 60, Subpart GG, the Plan Approval Application and supplemental materials and Continuous Emission Monitoring Manual.

   (29)  Records required under this Plan Approval and 40 CFR 60, Subpart GG shall be kept for a period of 5 years and shall be made available to the Department upon its request.

   Additional Requirements

   (30)  The Department reserves the right to use the CEMS data, stack test results and the operating parameters determined during optimization of the turbines and their associated air cleaning devices to verify emission rates, to establish emission factors, and to develop compliance assurance measures in the operating permit.

   (31)  This Plan Approval authorizes temporary operation of the sources covered by this Plan Approval provided the following conditions are met:

   a.  The Department must receive written notice from the permittee of the completion of construction and the Operator's intent to commence operation at least 5 working days prior to the completion of construction. The notice shall state when construction will be completed and when the Operator expects to commence operation.

   b.  Operation is authorized only to facilitate the start-up and shakedown of sources and air cleaning devices, to permit operations pending the issuance of an Operating Permit or to permit the evaluation of the sources for compliance with all applicable regulations and requirements.

   c.  This condition authorizes temporary operation of the sources for a period of 180 days from the date of commencement of operation, provided the Department receives notice from the permittee under Subpart (a), above.

   d.  The permittee may request an extension if compliance with all applicable regulations and Plan Approval requirements has not been established. The extension request shall be submitted in writing at least 15 days prior to the end of this period of temporary operation and shall provide a description of the compliance status of the source, a detailed schedule for establishing compliance and the reasons compliance has not been established.

   e.  The notice submitted by the permittee under Subpart (a), above, prior to the expiration of this Plan Approval, shall modify the Plan Approval expiration date. The new Plan Approval expiration date shall be 180 days from the date of commencement of operation.

   (32)  The manufacturer's identification and technical specifications for all air pollution control equipment shall be submitted to the Regional Air Quality Program Manager within 30 days after the execution of the final sales agreements.

   An appointment to review the pertinent documents at the Reading District Office may be scheduled by contacting Roger A. Fitterling at (610) 916-0100 between 8:30 a.m. and 3:30 p.m., Monday through Friday, except holidays.

   A public hearing will be held for the purpose of receiving comments on the proposed action. The hearing will be held on July 20, 2000, at the Schuylkill Valley High School Auditorium from 7 p.m. until 9 p.m.

   Those wishing to comment are requested to contact Sandra Roderick at (717) 705-4931 at least 1 week in advance of the hearing to schedule their testimony. Commentators are requested to provide two written copies of their remarks at the time of the hearing. Oral testimony will be limited to a maximum of 10 minutes per individual. Organizations are requested to designate an individual to present testimony on behalf of the organization. Written comments may be submitted to Roger A. Fitterling, Air Pollution Control Engineer, DEP, 1005 Cross Roads Boulevard, Reading, PA 19605 during the 30-day period following publication of this notice.

   Persons with a disability who wish to attend the hearing scheduled for July 20, 2000 at 7 p.m. and who require an auxiliary aid, service or other accommodation to participate in the proceedings, should contact Sandra Roderick directly at (717) 705-4931 or through the AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

REASONABLY AVAILABLE CONTROL TECHNOLOGY

(RACT)

   The following items were printed improperly in the June 17, 2000 issue of the Pennsylvania Bulletin:

Public Hearing Notice

   The Department of Environmental Protection (Department) will conduct a public hearing on Thursday, July 6, 2000, beginning at 1 p.m. in the Air Quality Conference Room at the Meadville Regional Office located at 230 Chestnut Street.

   The hearing is for the Department to accept testimony concerning the Department's decision to approve, with conditions, the revised Reasonably Available Control Technology (RACT) plans by Tennessee Gas Pipeline (TGP) (Station 307) (1010 Milam Street, P. O. Box 2511, Houston, TX 77252) in Howe Township, Forest County to meet the requirements under 25 Pa. Code §§ 129.91--129.95 (RACT), concerning the emissions of oxides of nitrogen (NOx) and volatile organic compounds (VOC) from various air contamination sources. The final RACT proposals will be submitted to the United States Environmental Protection Agency (EPA) as a revision to Pennsylvania's State Implementation Plan.

   The proposed SIP revisions do not adopt any new regulations. They incorporate the provisions and requirements contained in RACT approvals for these facilities to comply with current regulations.

   The preliminary RACT determinations, if finally approved, will be incorporated into Plan Approval(s) and/or Operating Permit(s) for the facilities and will be submitted to the United States Environmental Protection Agency (EPA) as a revision to Pennsylvania's State Implementation Plan.

   The following is a revised summary of the preliminary NOx determination for the above listed facility:


TGP station 219

SourceControlEmission Limit
Unit 6A Worthington
ML-12 engine
Parametric control
(ignition retard, A/F ratio
control)
103 #/hr NOx
451.1 TPY NOx
Units 1A-4A KVS-412
engines
Low emission combustion17.6 #/hr NOx (per engine)
77.1 TPY NOx (per engine)
Clark TCV-10C engine26.4 #/hr NOx
115.8 TPY NOx
Auxiliary Engine AA1Presumptive RACT
Auxiliary Engine AA2Presumptive RACT
Main boilerPresumptive RACT
Aux./Comp. BoilerPresumptive RACT
Two Warehouse
furnaces
Presumptive RACT
Two Equipment Garage
furnaces
Presumptive RACT
4 Lunch room furnacesPresumptive RACT
Three Pipeline Garage
furnaces
Presumptive RACT
Water Building furnacePresumptive RACT
Two Pipeline Office
furnaces
Presumptive RACT
Two Main office
furnaces
Presumptive RACT
Main office hot water
heater
Presumptive RACT

   For the above facility, a Public Hearing will be held for the purpose of receiving comments on the above-proposed Operating Permit and the proposed SIP revisions. The public hearing is scheduled as follows:  DEP Meadville Regional Office, Air Quality Conference Room, 230 Chestnut Street, Meadville, PA 16335, Thursday, July 6, 2000, from 1 p.m. to 3 p.m.

   Persons wishing to present testimony at the hearing should contact Matthew Williams, Air Pollution Control Engineer, DEP, 230 Chestnut Street, Meadville, PA 16335-3494, (814) 332-6940 at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony will be limited to a maximum of 10 minutes and two written copies of the oral testimony are required. Each organization is requested to designate one witness to present testimony in its own behalf.

   Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodations to do so should contact Matthew Williams (814) 332-6940, or the Pennsylvania AT&T relay service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.

   Those unable to attend the hearing but wish to comment should provide written comments to Matthew Williams, Air Pollution Control Engineer, Pennsylvania Department of Environmental Protection, 230 Chestnut Street, Meadville, PA 16335-3494. Comments should be submitted within 30 days of the date of this publication notice.

   All the pertinent documents (applications, review memos, and draft approvals) are also available for review from 8 a.m. to 4 p.m. at the Meadville Regional DEP office (Air Quality). Appointments for scheduling a review must be made by calling the DEP contact person noted previously.

MINING

APPLICATIONS TO CONDUCT COAL AND NONCOAL ACTIVITIES

   Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (35 P. S. §§ 691.1--691.1001); the Coal Refuse Disposal Control Act (52 P. S. §§ 30.51--30.66); 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 (Department). A copy of the application is available for inspection at the District mining office indicated above each application. Where a 401 water quality certification is needed for any aspect of a particular proposed mining activity, the submittal of the permit application will serve as the request for the certification.

   Written comments or objections, or requests for informal conferences on applications, 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 same address 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).

   Where any of the mining activities listed will have discharges of wastewater to streams, the Department will incorporate NPDES permits into the mining activity permits issued in response to these applications. These NPDES permits will contain, at a minimum, technology-based effluent limitations (as described in the Department's regulations--25 Pa. Code §§ 77.522, 87.102, 88.92, 88.187, 88.242, 89.52 and 90.102) for iron, manganese, suspended solids, settleable solids, alkalinity and pH. In addition to the above, more restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining which may occur will be incorporated into a mining activity permit when necessary for compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or agencies which have requested review of the NPDES permit requirements for a particular mining activity within the above-mentioned public comment period will be provided with a 30-day period to review and submit comments on those requirements.

   Written comments or objections 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 must contain the name, address and telephone number of requestor; 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.

   Hawk Run District Office, P. O. Box 209, Off Empire Road, Hawk Run, PA 16840.

   Coal Applications Received

   17950102. Cougar Contracting, Inc. (P. O. Box 217, Houtzdale, PA 16651), revision to an existing bituminous surface mine permit for a Change in Land Use from postmining land use of cropland to commercial (driving range) use. The permit is located in Bigler Township, Clearfield County affecting 25 acres. Receiving streams:  Alexander Run, Upper Morgan Run and Japling Run. Application received June 5, 2000.

   17910127. Fred Kitko (R. D., Coalport, PA 16627), renewal of an existing bituminous surface mine permit located in Beccaria Township, Clearfield County affecting 136 acres. Receiving streams:  an unnamed tributary of Banian Run to Banian Run; Banian Run to Muddy Run; and an unnamed tributary of Muddy Run to Muddy Run; Muddy Run to Clearfield Creek; Clearfield Creek to West Branch Susquehanna River. Application received June 6, 2000.

   Greensburg District Office, R. R. 2, Box 603-C, Greensburg, PA 15601.

   0381201. Allegheny River Land Co., Inc. (P. O. Box 188, Ivel, KY 41642). Renewal application received for continued mine drainage treatment at a facility located in Cadogan Township, Armstrong County. Receiving streams:  Brunner Run to the Allegheny River. NPDES Renewal Application received:  June 9, 2000.

   366M010. Allegheny River Land Co., Inc. (P. O. Box 188, Ivel, KY 41642). Renewal application received for continued mine drainage treatment at a facility located in South Buffalo Township, Armstrong County. Receiving streams:  Little Hill Run and Brunner Run to the Allegheny River. NPDES Renewal Application received:  June 9, 2000.

   Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454.

   40733203R3. UGI Utilities, Inc. (P. O. Box 3200, Wilkes-Barre, PA 18706), renewal of an existing coal refuse reprocessing operation in Hanover Township, Luzerne County affecting 55.6 acres, receiving stream--none. Application received June 9, 2000.

   40733203T. UGI Development Company (P. O. Box 3200, Wilkes-Barre, PA 18706), transfer of an existing coal refuse reprocessing operation from UGI Utilities, Inc. in Hanover Township, Luzerne County affecting 55.6 acres, receiving stream--none. Application received June 9, 2000.

   Knox District Office, P. O. Box 669, Knox, PA 16232.

   33813020. John R. Yenzi, Jr. (P. O. Box 287, Anita, PA 15711). Renewal of an existing bituminous surface strip and beneficial use of coal ash placement operation in Winslow Township, Jefferson County affecting 270.0 acres. Receiving streams:  Two unnamed tributaries to Front Run; Front Run. Application received June 12, 2000.

   33940107. Fred A. Deemer, Jr. (R. D. 1, Reynoldsville, PA 15851). Revision to an existing bituminous surface strip operation in Washington and Winslow Townships, Jefferson County affecting 15.5 acres. Receiving streams:  Two unnamed tributaries to Sandy Lick Creek. Revision to include a post mining landuse change from forestland (now abandoned surface mine) and forestland to recreation on lands of Louie Caltagarone. Application received June 14, 2000.

   Knox District Office, P. O. Box 669, Knox, PA 16232.

   Small Noncoal (Industrial Minerals) Permits Returned

   10000802. Bernard J. McCrea (100 Pine Haven Drive, Fenelton, PA 16034) Commencement, operation and restoration of a small noncoal shale operation in Clearfield Township, Butler County affecting 3.5 acres. Receiving streams:  None. Application received:  February 23, 2000. Permit Returned:  June 13, 2000.

   Greensburg District Office, R. D. 2, Box 603-C, Greensburg, PA 15601.

   Noncoal Applications Returned

   65850302. International Mill Service, Inc. (1155 Business Center Drive, Horsham, PA 19044-3454). NPDES renewal application returned for an existing noncoal surface mine located in Rostraver Township, Westmoreland County, affecting 42.0 acres. Receiving streams:  unnamed tributary to and Speers Run to the Monongahela River. NPDES renewal application received:  February 14, 2000. NPDES renewal application returned:  June 12, 2000.

   3572SM15. Allegheny Metals & Minerals, Inc. (731--733 Washington Road, 5th Floor, Pittsburgh, PA 15228). NPDES renewal application returned for an existing noncoal surface mine located in Gilpin Township, Armstrong County, affecting 634.7 acres. Receiving streams:  unnamed run, unnamed run, unnamed run to Allegheny River to Ohio River. NPDES renewal application received:  January 27, 2000. NPDES renewal application returned:  June 12, 2000.

Bureau of Deep Mine Safety

   The Bureau of Deep Mine Safety has received a request for variance from Sarah Resources, Inc. The following notification contains a summary of this request. A complete copy of the variance request may be obtained from Allison Gaida by calling (724) 439-7469 or from the BDMS web site at http://www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm.

   The Department is publishing a summary of the request in order to solicit comments from affected parties on the proposed variance request. Comments may be used by the Bureau to assist in its investigation of the variance request. Comments will be accepted for 30 days following the publication of this notice. All comments should be addressed to:  Richard E. Stickler, Director, Bureau of Deep Mine Safety, Fayette County Health Center, 100 New Salem Road, Room 167, Uniontown, PA 15401.

   Section 702 of the Bituminous Coal Mine Act (52 P. S. §§ 701 and 702), provides a mechanism for operators to obtain variances from specific requirements of the act to accommodate the adoption of new machinery, equipment, tools, supplies, methods or processes.

   Section 242(c) states that where belt conveyors are installed, main stoppings and regulators shall be so arranged as to reduce the quantity of air traveling in the belt conveyor entry to a minimum for effective ventilation and to provide an intake air split as an escapeway from the face area to the main air current.

   Summary of the request:  Sarah Resources, Inc. requests a variance from Section 242(c) of the Pennsylvania Bituminous Coal Mine Act to allow for the common ventilation of the belt conveyor entry with other entries at the Sarah Mine.

APPLICATIONS RECEIVED UNDER SECTION 401:  FEDERAL WATER POLLUTION CONTROL ACT

ENCROACHMENTS

   The following permit applications and requests for Environmental Assessment approval and requests for water quality certification have been received by the Department of Environmental Protection (Department). Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)), requires the State to certify that the involved projects will not violate the applicable provisions of 33 U.S.C.A. §§ 1311--1313, 1316 and 1317 as well as relevant State requirements. Initial requests for 401 certification will be published concurrently with the permit application. Persons objecting to approval of a request for certification under section 401 or to the issuance of a Dam Safety or Encroachment Permit, or the approval of Environmental Assessments 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.

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


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.

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

   EA46-007SE. Encroachment. Commonwealth Construction and Development, Inc., 1029 Cottonwood Drive, Collegeville, PA 19426. A request for an Environmental Assessment Approval to re-construct, operate and maintain a non-jurisdictional dam across an unnamed tributary to the Mingo Creek (WWF). The dam and associated reservoir will impact 380 linear feet of watercourse and 0.72 acre of wetland (PEM). The proposed dam will provide stormwater management for a residential subdivision. The applicant also requests authorization under General Permits 4, 5 and 7 for a stormwater outfall, utility line stream crossing, and a minor road crossing of an unnamed tributary of Mingo Creek impacting a total of 105 linear feet of watercourse. The project also involves the widening of Old State Road (T426) which will impact 0.03 acre of wetlands (PEM) and 18 linear feet of culvert extension to an existing 48-inch R.C.P. road crossing of an unnamed tributary of Mingo Creek. The project is situated approximately 600 feet southwest of the intersection of Old State Road and Bechtel Road (Collegeville PA, Quadrangle N:  10.4 inches; W:  16.90 inches) in Upper Providence Township, Montgomery County.

   Northeast Regional Office:  Soils and Waterways Section, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   E39-380. Encroachment. Albert L. Granger, 8568 Mohr Lane, Fogelsville, PA 18051. To authorize the excavation for an impoundment area, approximately 0.4 acre, of a non-jurisdictional dam in a tributary to Hassen Creek (HQ-CWF); to excavate and grade within the floodplain of a tributary to Hassen Creek to establish 0.04 acre of wetlands; to install and maintain a 6 inch diameter waterline across two tributaries to Hassen Creek; and to construct and maintain an 18 inch diameter HDPE stormwater outfall structure. The project is located at the Glenbern Inn on the north side of T-533, approximately 0.7 mile west of its intersection with T-596 (Topton, PA Quadrangle N:  17.0 inches; W:  4.8 inches), Weisenberg Township, Lehigh County (Philadelphia District, U. S. Army Corps of Engineers).

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

   E28-278. Encroachment. Mark Burkhead, PA Department of Transportation, Engineering District 8-0, 2140 Herr Street, Harrisburg, PA 17103. To remove the existing structure and to construct and maintain a pipe in the channel of Cold Spring Run (HQ-CWF) on SR 0997, Segment 0360, Offset 0368 (Scotland, PA Quadrangle N:  9.62 inches; W:  5.48 inches) in Green Township, Franklin County.

   E31-162. Encroachment. Charles Getz, R. R. 1, Box 130, Mapelton, PA 17052. To maintain a previously constructed unpermitted single span bridge having a clear span of 38.83 feet and an underclearance of 6.42 feet across Hares Valley Creek (TSF) constructed for the purpose of providing access onto private property located about 250 feet west of SR 0655 and 4.2 miles south of Mapleton Borough (Butler, PA Quadrangle N:  16.0 inches; W:  14.5 inches) in Union Township, Huntingdon County.

   E67-687. Encroachment. Orchard Hills Real Estate Inc., Allan Smith, 450 Spangler Road, New Oxford, PA 17350. To place fill in 0.099 acre of wetlands and to construct and maintain 295 LF of 12-inch pipe culvert and 280 LF of 30-inch reinforced concrete pipe culvert stream enclosures (drainage areas less than 100 acres) in a tributary to Kreutz Creek (WWF) under Orchard Hill Road at the intersection with Campbell Road. The permit also authorizes construction of an 8-inch water main and 8-inch sanitary sewer line under the roadway bed to cross the tributary channel. The proposed Orchard Hills Residential Subdivision is located at the corner of Old Orchard Road (SR 2006) and Witmer Road (SR 2013) (Red Lion, PA Quadrangle N:  18.4 inches; W:  17.2 inches) in Springettsbury and Hellam Townships, York County.

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

   E02-1308. Encroachment. Port Authority of Allegheny County, 2235 Beaver Avenue, Pittsburgh, PA 15233-1080. To construct and maintain a retaining wall 200 meters long (656 feet) along the right bank of Saw Mill Run (WWF) and to place and maintain fill in 0.09 acre of wetlands (PEM/PSS) for the purpose of rebuilding the northern segment of the former Overbrook Trolly Line to modern light rail standards. The project starts at the South Hills Junction and extends 2.4 km (1.5 miles) ending at Denise Street (the project starts at Pittsburgh West, PA Quadrangle N:  8.4 inches; W:  0.9 inch and ends Pittsburgh East, PA Quadrangle N:  4.3 inches; W:  17.3 inches) in the City of Pittsburgh, Allegheny County. To meet the wetland replacement requirements the applicant proposes to pay into the wetland replacement fund.

   E56-295. Encroachment. Pennsylvania Turnpike Commission, P. O. Box 67676, Harrisburg, PA 17106-7676. To remove the existing structure and to construct and maintain a 40-meter long, reinforced concrete box culvert having a normal span of 4.3 meters and an underclearance of 2.7 meters in an unnamed tributary to Kimberly Run (CWF). The applicant also proposes the relocation and maintenance of 50 meters of this tributary to Kimberly Run and the placement and maintenance fill in 0.003 hectare of PEM/PSS wetlands for the purpose of widening the highway to meet safety standards. The project is located on S. R. 0031 near Turnpike Bridge B-481 (Milepost 114.55) (Murdock, PA Quadrangle N:  21.2 inches; W:  0.5 inch) in Somerset Township, Somerset County. The applicant proposes wetland replacement at the Pennsylvania Department of Transportation Somerset Wetland Bank.

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

   E62-370. Encroachment. David R. Weston, 3404 Charlotte Lane, Erie, PA 16508-2226. To maintain a prefabricated steel I-beam footbridge having a single span of approximately 33 feet and an approximate maximum underclearance of 5.5 feet across Irvine Run (CWF) to provide private access. This bridge was placed without a permit. The bridge is located across Irvine Run west of Irvine Run Road approximately 2.23 miles north of the intersection of Irvine Run Road on SR 6/62 interchange (Youngsville, PA Quadrangle N:  22.1 inches; W:  3.2 inches) in Brokenstraw Township, Warren County.

DAM SAFETY


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.

   Central Office:  Bureau of Waterways Engineering, 400 Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, (717) 787-8568.

   D45-270. Dam. Locust Lake Property Owners Association (HC 88, Box 121, Pocono Lake, PA 18347). To modify, operate and maintain Locust Lake Dam across a tributary to Trout Creek (HQ-CWF), for the purpose of recreation (Thornhurst, PA Quadrangle N:  3.95 inches; W:  7.9 inches) in Tobyhanna Township, Monroe County.

   D25-058. Dam. Millcreek Township (3608 West 26th Street, Erie, PA 16505-0208). To construct, operate and maintain a flood control dam across a tributary to Lake Erie (CWF, MF), impacting 990 feet of stream channel for the purpose of providing flood control to residential and commercial areas downstream (Swanville, PA Quadrangle N:  16.2 inches; W:  4.7 inches) in Millcreek Township, Erie County.


ACTIONS

FINAL ACTIONS TAKEN UNDER THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT

[National Pollution Discharge Elimination System Program (NPDES)]

DISCHARGE OF CONTROLLED INDUSTRIAL WASTE AND SEWERAGE WASTEWATER

(Part I Permits)

   The Department of Environmental Protection (Department) has taken the following actions on previously received permit applications and requests for plan approval and has issued the following significant orders.

   Any person 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, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. 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 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. 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.


Actions under The Clean Streams Law (35 P. S. §§ 691.1--691.1001).

   Permits Issued

   Northeast Regional Office:  Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   Permit No. PA-0007919. Industrial waste. Plainwell, Inc., P. O. Box 6000, Pittston, PA 18640 is authorized to discharge from a facility located in Ransom Township, Lackawanna County to the Susquehanna River.

   Permit No. 4000402. Sewerage. Greater Hazleton Joint Sewer Authority, P. O. Box 651, Hazleton, PA 18201. Permit for additions and alterations to existing sewage treatment plant, located in the Borough of West Hazleton, Luzerne County.

   Permit No. 4800201. Industrial waste. Grand Central Sanitary Landfill, 1963 Pen Argyl Road, Pen Argyl, PA 18072. Permit to install a Reverse Osmosis treatment system, located in Plainfield Township, Northampton County.

   Southcentral Regional Office:  Regional Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707.

   Permit No. PAG043639. Sewerage. Broad Top Township (Kline/Barton), 187 Municipal Road, P. O. Box 57, Defiance, PA 16633-0057 is authorized to discharge from a facility located in Broad Top Township, Bedford County to the receiving waters named Sandy Run.

   Permit No. PA0085707. Sewerage. Cocalico Valley Poultry Farms, 1095 Mount Airy Road, Stevens, PA 17578-9791 is authorized to discharge from a facility located in West Cocalico Township, Lancaster County to the receiving waters named UNT of Indian Run.

   Permit No. PAG043524. Sewerage. Alice Mcfeely Meloy, 22448 Path Valley Road, Doylesburg, PA 17219 is authorized to discharge from a facility located in Fannett Township, Franklin County to the receiving waters named Burns Creek Branch.

   Permit No. PAG043528. Sewerage. Donal P. Markey, 475 Snavely Mill Road, Lititz, PA 17543 is authorized to discharge from a facility located in Elizabeth Township, Lancaster County to the receiving waters named Mill Race to Hammer Run.

   Permit No. PAG043539. Sewerage. Mr. and Mrs. Douglas Elsasser, P. O. Box 1, Cocolamus, PA 17014 is authorized to discharge from a facility located in Fayette Township, Juniata County to the receiving waters named Cocolamus Creek.

   Southwest Regional Office:  Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000.

   NPDES Permit No. PA0218286. Industrial. J. A. Jones/Traylor Brothers, Inc., J. A. Jones Drive, Charlotte, NC 28287 is authorized to discharge from a facility located at Leetsdale Concrete Casting Facilities, Leetsdale Borough, Allegheny County to receiving waters named Ohio River.

   NPDES Permit No. PA0096423. Sewage. Turkeyfoot Valley Area School District, R. D. 1, Box 78, Confluence, PA 15424-9616 is authorized to discharge from a facility located at Turkeyfoot Valley Area School District STP, Lower Turkeyfoot Township, Somerset County to receiving waters named Casselman River.

   Permit No. 0200202. Industrial waste. U. S. Army Corps of Engineers. Construction of sedimentation basins located in Duquesne, Allegheny County to serve concrete batch plant.

   Permit No. 0200204. Industrial waste. J. A. Jones/Traylor, No. 1 East Grant Avenue, P. O. Box 30, Duquesne, PA 15110. Construction of Leetsdale Casting Wastewater Treatment Facility and Groundwater Sedimentation Basin located in Leetsdale, Allegheny County to serve Leetsdale Casting Facility.

   Permit No. 6374419-A4. Sewerage. Washington-East Washington Joint Authority, 60 East Beau Street, P. O. Box 510, Washington, PA 15301. Construction of Sewage Treatment Plant Modifications, Phase II located in South Strabane Township, Washington County to serve Washington-East Washington Joint Authority Sewage Treatment Plant.

   Northwest Regional Office:  Regional Oil and Gas Program Manager, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6860.

   NPDES Permit No. PA0101656. Industrial waste. CNG Transmission Corporation, P. O. Box 2450, 445 West Main Street, Clarksburg, WV 26302-2450 is authorized to discharge from an existing treatment facility located in Henderson Township, Jefferson County, to Stump Creek.

   NPDES Permit No. PA0104060. Sewage, John E. McCoan, R. R. 1, Box 1000, Clarendon, PA 16313 is authorized to discharge from a facility located in Mead Township, Warren County to Unnamed Tributary to the West Tionesta Creek.

   WQM Permit No. 1600401. Sewerage, Richard A. Baumcratz, SRSTP, R. R. 1, Box 272, Lucinda, PA 16235. Construction of Richard A. Baumcratz SRSTP located in Knox Township, Clarion County.

   WQM Permit No. 6200404. Sewerage, Robert J. Larson, SRSTP, R. R. 3, Box 54, Sugar Grove, PA 16350. Construction of Robert J. Larson SRSTP located in Sugar Grove Township, Warren County.

   WQM Permit No. 6200405. Sewerage, Ernest E. Lawson, SRSTP, 6 Grant Street, Warren, PA 16365. Construction of Ernest E. Lawson SRSTP located in Sugar Grove Township, Warren County.

   WQM Permit No. 2000407. Sewerage, Robert L. Van Buren, SRSTP, 17352 State Highway 98, Meadville, PA 16335. Construction of Richard L. Van Buren SRSTP located in Hayfield Township, Crawford County.


Proposed NPDES Permit Renewal Actions for Minor Sewage Discharges

   The following parties have applied to renew their current NPDES permits to allow the continued discharge of controlled wastewaters into the surface waters of this Commonwealth. The Department of Environmental Protection (Department) has made a tentative determination to renew these permits and proposes to issue them, subject to their current permit effluent limitations, and monitoring and reporting requirements, with appropriate and necessary updated requirements to reflect new or changed regulations and other requirements. The updates may include, but will not be limited to, applicable permit conditions and/or requirements addressing combined sewer overflows (CSOs), municipal sewage sludge management, and total residual chlorine control (TRC). Any major changes to or deviations from the terms of the existing permit will be documented and published with the final Department actions.

   The EPA, Region III, Regional Administrator has waived the right to review or object to these proposed permit actions under the waiver provision 40 CFR 123.6E.

   Persons wishing to comment on the proposed permits are invited to submit a statement to the Field Office indicated as the office responsible, within 30 days from the date of this public notice. Comments received within this 30-day period will be considered in the formulation of the final determinations regarding these applications and proposed permit actions. Comments should include the name, address and telephone number of the writer and a brief statement to inform the Field Office of the basis of the comment and the relevant facts upon which it is based. A public hearing may be held if the Field Office considers the public response significant.

   Following the 30-day comment period, the Water Management Program Managers will make a final determination regarding the proposed permit action. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board.

   The permit renewal application and related documents, proposed effluent limitations and special conditions, comments received and other information are on the Department's file. The documents may be inspected at, or a copy requested from, the Field Office that has been indicated above the application notice.

   Northeast Regional Office:  Regional Water Management Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

NPDESApplicant NameCounty andReceiving
Permit No.and AddressMunicipalityStream
PA-0060984Benton Hills Corporation
106 Doc Stroh Lane
Suite 1
Milford, PA 18337
Lackawanna County
Benton Township
Unnamed tributary
to South Branch of
Tunkhannock
PA-0060950Lackawanna Trail School District
P. O. Box 85
Factoryville, PA 18419-0085
Wyoming County
Clinton Township
Unnamed
Tributary to the
South Branch
Tunkhannock
Creek

INDIVIDUAL PERMITS

(PAS)

   The following approvals from coverage under NPDES Individual Permit for discharge of stormwater from construction activities have been issued.

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

NPDESApplicant NameCounty andReceiving
Permit No.and AddressMunicipalityStream
PAS10F074Spring Benner Walker
Joint Authority
170 Irish Hollow Rd.
Bellefonte, PA 16823
Centre County
Benner Township
Spring Creek and tribs.

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