Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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PA Bulletin, Doc. No. 09-1993a

[39 Pa.B. 6244]
[Saturday, October 24, 2009]

[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 Notices of Intent to Remediate. An acknowledgment of the receipt of a Notice of Intent to Remediate is used to identify a site where a person proposes to, or has been required to, respond to a release of a regulated substance at a site. 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 Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department provides a brief description of the location of the site, a list of known or suspected contaminants at the site, the proposed remediation measures for the site and a description of the intended future use of the site. A person who demonstrates attainment of one, 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 Notice of Intent to Remediate is published in a newspaper of general circulation in the area of the site. For the sites identified, proposed for remediation to a Site-Specific Standard or as a special industrial area, the municipality within which the site is located may request to be involved in the development of the remediation and reuse plans for the site if the request is made within 30 days of the date specified. During this comment period, the municipality may request that the person identified as the remediator of the site develop and implement a public involvement plan. Requests to be involved and comments should be directed to the remediator of the site.

 For further information concerning the content of a Notice of Intent to Remediate, contact the environmental cleanup program manager in the Department regional office before 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. TDD users may telephone the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

 The Department has received the following Notices of Intent to Remediate:

Northwest Region: Environmental Cleanup Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

National Transit (National Transit Pipeline), Otto Township, McKean County. URS Corporation, 501 Holiday Drive, Suite 300, Pittsburgh, PA 15022 on behalf of Pennzoil-Quaker State Company, 700 Milam, 30th Floor, Houston, TX 77002 has submitted a Notice of Intent to Remediate. Petroleum product impact was discovered at the Duke Center pumping station property during installation/repair of municipal sewers. Resultant data indicated petroleum impacts to both soil and groundwater. The current and proposed future use of the property will be nonresidential. The Notice of Intent to Remediate was published in The Bradford Era on August 28, 2009. The proposed remediation will attain a combination of Statewide Health and Site-Specific Standards.

REGISTRATION FOR RESIDUAL WASTE GENERAL PERMITS


Application for Registration Received under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003); the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101—4000.1904); and Residual Waste Regulations for a General Permit to Operate Residual Waste Processing Facilities and/or the Beneficial Use of Residual Waste Other Than Coal Ash

Central Office: Division of Municipal and Residual Waste, Rachel Carson State Office Building, 14th Floor, 400 Market Street, Harrisburg, PA 17105-8472.

General Permit Application Number WMGR097 R011. Hazleton Creek Properties, LLC, Route 924 Mined Lands, City of Hazleton, PA 18201. Registration to operate under General Permit Number WMGR097R011 for research and development activities. The proposed project involves use of dredged material or other regulated fill with fines from processing construction and demolition waste in mine reclamation and as construction material in the Mammoth Strip Pit in Hazleton. The registration was received by Central Office on August 26, 2009.

 Comments concerning the registration should be directed to Ronald C. Hassinger, Chief, General Permits/Beneficial Use Section, Division of Municipal and Residual Waste, Bureau of Waste Management, P. O. Box 8472, Harrisburg, PA 17105-8472, (717) 787-7381. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 30 days of this notice and may recommend revisions to, and approval or denial of the application.

OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE


Applications received under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), the Municipal Waste Planning, Recycling and Waste Reduction Act (53 P. S. §§ 4000.101—4000.1904) and Regulations to Operate Solid Waste Processing or Disposal Area or Site.

Northcentral Region: Regional Solid Waste Manager, 208 West Third Street, Williamsport, PA 17701.

Permit Application No. 100955. Clinton County Solid Waste Authority, Wayne Township Landfill, 264 Landfill Lane, P. O. Box 209, McElhattan, PA 17748, Wayne Township, Clinton County. An application for the permit renewal for an existing landfill was received by Northcentral Regional Office on October 2, 2009.

 Comments concerning the application should be directed to Lisa Houser, P. E., Facilities Manager, Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of the application.

Permit Application No. 100963. Lycoming County Resource Management Services, Lycoming County Landfill, 447 Alexander Drive, P. O. Box 187, Montgomery, PA 17752, Brady Township, Lycoming County. An application for the permit renewal for an existing landfill was received by Northcentral Regional Office on October 2, 2009.

 Comments concerning the application should be directed to Lisa Houser, P. E., Facilities Manager, Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Persons interested in obtaining more information about the permit application may contact the Williamsport Regional Office, (570) 327-3740. TDD users may contact the Department of Environmental Protection through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of the application.

Southwest Region: Regional Solid Waste Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000.

Permit ID No. 100594. Chambers Development Company, Inc., 600 Thomas Street Extension, Monroeville, PA 15146-0176. Monroeville Landfill, 600 Thomas Street Extension, Monroeville, PA 15146-0176. Application for the permit renewal of a municipal waste landfill in the Municipality of Monroeville, Allegheny County was received in the Regional Office on October 6, 2009.

Northwest Region: Regional Solid Waste Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

Permit Application No. 301356. AK Steel Corporation—Butler Works, P. O. Box 832, 210 Pittsburgh Road, Butler, PA 16003, Butler Township, Butler County. The application is for a new captive residual waste landfill to be known as No. 4 Sludge Bed Landfill. The application was submitted to the Department of Environmental Protection (Department) on August 11, 2009, and was subject to the Local Municipality Involvement Process (LMIP). The LMIP took place on September 30, 2009. The application was found to be administratively complete by the Northwest Regional Office on October 6, 2009.

 Comments concerning the application should be directed to Todd Carlson, Program Manager, Northwest Regional Office, 230 Chestnut Street, Meadville, PA 16335. Persons interested in obtaining more information about the general permit application may contact the Northwest Regional Office at (814) 332-6848. TDD users may contact the Department through the Pennsylvania AT&T Relay Service, (800) 654-5984. Public comments must be submitted within 60 days of this notice and may recommend revisions to, and approval or denial of the application.

AIR QUALITY

PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS

NEW SOURCES AND MODIFICATIONS

 The Department of Environmental Protection (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 public. This approach allows the owner or operator of a facility to complete and submit all the permitting documents relevant to its application one time, affords an opportunity for public input and provides for sequential issuance of the necessary permits.

 The Department has received applications for plan approvals and/or operating permits from the following facilities.

 Copies of the applications, subsequently prepared draft permits, review summaries and other support materials are available for review in the regional office identified in this notice. Persons interested in reviewing the application files should contact the appropriate regional office to schedule an appointment.

 Persons wishing to receive a copy of a proposed plan approval or operating permit must indicate their interest to the Department regional office within 30 days of the date of this notice and must file protests or comments on a proposed plan approval or operating permit within 30 days of the Department providing a copy of the proposed document to that person or within 30 days of its publication in the Pennsylvania Bulletin, whichever comes first. Interested persons may also request that a hearing be held concerning the proposed plan approval and operating permit. Comments or protests filed with the Department regional offices must include a concise statement of the objections to the issuance of the Plan approval or operating permit and relevant facts which serve as the basis for the objections. If the Department schedules a hearing, a notice will be published in the Pennsylvania Bulletin at least 30 days prior the date of the hearing.

 Persons with a disability who wish to comment and require an auxiliary aid, service or other accommodation to participate should contact the regional office identified before the application. TDD users should contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.

 Final plan approvals and operating permits will contain terms and conditions to ensure that the source is constructed and operating in compliance with applicable requirements in 25 Pa. Code Chapters 121—143, the Federal Clean Air Act (act) and regulations adopted under the act.

PLAN APPROVALS


Plan Approval Applications Received under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B that may have special public interest. These applications are in review and no decision on disposition has been reached.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, George Monasky, New Source Review Chief, (814) 332-6940.

24-167A: E Carbon America, LLC (806 Theresia Street, St. Marys, PA 15857) for modification of the method of operation for the carbon baking kilns and construction of the impregnation department in St. Marys City, Elk County. This is a Title V facility.


Intent to Issue Plan Approvals and Intent to Issue or Amend Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter B. These actions may include the administrative amendments of an associated operating permit.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, M. Gorog and B. Hatch, Environmental Engineer Managers, (412) 442-4163/5226.

11-00356B: The Peoples Natural Gas Co. (D. L. Clark Building, 501 Martindale Street, Suite 500, Pittsburgh, PA 15212-5835) for construction of a new compressor engine, rated at 1,340 bhp and controlled by an oxidation catalyst, and for installation of a thermal oxidizer on existing dehydration units No. 1 and No. 2, at Laurel Ridge/Rager Mountain Compressor Station, in Jackson Township, Cambria County.

32-00055F: EME Homer City Generation, LP (1750 Power Plant Road, Homer City, PA 15748-8009) to allow construction and initial operation of a distillate oil-fired auxiliary boiler in replacement of two existing auxiliary boilers at their EME Homer City Generating Station in Black Lick and Center Townships, Indiana County.

 In accordance with 25 Pa. Code §§ 127.44(b) and 127.45, the Department of Environmental Protection (Department) intends to issue Plan Approval PA-32-00055F to allow the construction and initial operation of a distillate oil-fired auxiliary boiler in replacement of two existing auxiliary boilers at the EME Homer City Generating Station located in Black Lick and Center Townships, Indiana County. In accordance with 40 CFR 63.54(c) the Department is also providing opportunity for public comment on a Notice of MACT Approval for a case-by-case MACT determination completed for this auxiliary boiler.

 Emissions from the replacement distillate oil-fired boiler are projected to be 2.26 tons of NOx, 1.01 tons of SOx, 0.85 tons of CO, 0.50 tons of PM and 0.07 tons of VOCs per year. These emission increases will be offset by the emission decreases associated with the deactivation and removal of the two existing auxiliary boilers. The average actual emissions of the existing two auxiliary boilers in 2006 and 2007 are 0.07 tons of NOx, 0.28 tons of SOx, 0.015 tons of CO, 0.008 tons of PM and 0.005 tons of VOC. The proposed source is subject to the applicable requirements of 25 Pa. Code Chapter 127, related to construction, modification, reactivation and operation of sources. The Department believes that the source will meet these requirements by complying with the following Plan Approval conditions:

 Special Conditions

 1. This Plan Approval is to allow the construction and operation of a new auxiliary boiler and associated stack by EME Homer City Generation, LLP at their Homer City Generating Station located in Black Lick and Center Townships, Indiana County (25 Pa. Code § 127.12b).

 2. Air contamination sources authorized to be installed at the Facility under this Plan Approval are as follows (25 Pa. Code § 127.12b):

 • One Oil-Fired Boiler, Babcock and Wilcox Model No. FM120-124 LH w/ 3L 2P 19E SH, Rated at 313 mmBtu/hr.

 3. Existing sources Auxiliary Boiler A and Auxiliary Boiler B shall be permanently retired upon initial operation of the new Auxiliary Boiler (25 Pa. Code § 127.12b).

 4. The sulfur content in No. 2 fuel oil used to fire the auxiliary boiler to be constructed under this plan approval shall not, at any time, exceed 0.1 wt% (25 Pa. Code § 127.12b).

 5. The annual capacity factor of the auxiliary boiler installed under this plan approval shall be limited to 5%. The Owner/Operator shall record and maintain records of each fuel combusted during each day and calculate the annual capacity factor for each fuel for each calendar quarter. The annual capacity factor is determined on a 12-month rolling average basis with a new annual capacity factor calculated at the end of each calendar month (25 Pa. Code § 127.12b and 40 CFR 60.49b(d)).

 6. Total heat input will not exceed 137,040 mmBtu per consecutive 12-month period firing both propane and low sulfur No. 2 distillate oil (25 Pa. Code § 127.12b).

 7. Emissions from the new auxiliary boiler shall be limited to the following (25 Pa. Code § 127.12b):

Maximum Emission Rate
Pollutant Lbs/mmBtu Lbs/Hour Tons/Year
PM 0.03 9.39 2.06
SOx 0.1 31.1 6.9
CO 0.084 26.29 5.76
NOx 0.224 70.11 15.35
VOC 0.0067 2.10 0.46

 8. Visible emissions from the auxiliary boiler stack shall not exceed the following limitations (25 Pa. Code § 123.41):

 • Equal to or greater than 20% for a period or periods aggregating more than 3 minutes in any 1 hour.

 • Equal to or greater than 60% at any time.

 9. Performance testing shall be conducted as follows (25 Pa. Code §§ 127.12b and 139.11):

 a. Stack testing for NOx, PM, CO and VOC shall be performed on the replacement auxiliary boiler in accordance with 25 Pa. Code § 139 within 180 days after the completion of construction. Maximum routine operating conditions of the auxiliary boiler is operation at 265 mmBtu/hr.

 b. Stack testing for NOx, PM, CO and VOC shall be performed on the replacement auxiliary boiler in accordance with 25 Pa. Code § 139 during the first time when operating at maximum rated capacity of 313 mmBtu/hr. Operation at maximum capacity is a nonpredictable condition and as such the operator shall notify the Department as soon as practical before testing at maximum capacity.

 c. The Owner/Operator shall submit three copies of a pretest protocol to the Department for review at least 45 days prior to the performance of any Environmental Protection Agency (EPA) reference method stack test. All proposed performance test methods shall be identified in the pretest protocol and approved by the Department prior to testing.

 d. The Owner/Operator shall notify the Regional Air Quality Manager at least 15 days prior to any performance test other than at maximum rated capacity so that an observer may be present at the time of the test. Notification shall also be sent to the Division of Source Testing and Monitoring. Notification shall not be made without prior receipt of a protocol acceptance letter from the Department.

 e. Under 40 CFR Part 60.8(a) and 40 CFR Part 63.7(g), a complete test report shall be submitted to the Department no later than 60-calendar days after completion of the onsite testing portion of an emission test program.

 f. Under 25 Pa. Code § 139.53(b) a complete test report shall include a summary of the emission results on the first page of the report indicating if each pollutant measured is within permitted limits and a statement of compliance or noncompliance with all applicable permit conditions. The summary results will include, at a minimum, the following information:

 1. A statement that the owner or operator has reviewed the report from the emissions testing body and agrees with the findings.

 2. Permit numbers and conditions which are the basis for the evaluation.

 3. Summary of results with respect to each applicable permit condition.

 4. Statement of compliance or noncompliance with each applicable permit condition.

 g. Under 25 Pa. Code § 139.3 to all submittals shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual.

 h. All testing shall be performed in accordance with the provisions of Chapter 139 of the Rules and Regulations of the Department.

 i. Under 25 Pa. Code § 139.53(a)(1) and (3) all submittals, besides notifications, shall be accomplished through PSIMS*Online available through https://www.depgreen port.state.pa.us/ecomm/Login.jsp when it becomes available. If Internet submittal can not be accomplished, three copies of the submittal shall be sent to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring, 400 Market Street, 12th Floor, Rachael Carson State Office Building, Harrisburg, PA 17105-8468 with deadlines verified through document postmarks.

 j. The permittee shall ensure all Federal reporting requirements contained in the applicable subpart of 40 CFR are followed, including timelines more stringent than those contained herein. In the event of an inconsistency or any conflicting requirements between state and Federal, the most stringent provision, term, condition, method or rule shall be used by default.

 10. The Owner/Operator shall obtain and maintain on site fuel receipts from the fuel supplier, certifying that the oil meets the definition of distillate oil and meets the acceptable sulfur limit. Reports shall be submitted to the Administrator certifying that only very low sulfur oil meeting this definition, natural gas, wood, and/or other fuels that are known to contain insignificant amounts of sulfur were combusted in the affected facility during the reporting period (40 CFR 60.49b(r)(1)).

 11. There shall be no fugitive emissions from the Facility contrary to 25 Pa. Code §§ 123.1 and 123.2.

 12. The Owner/Operator may not permit the emission into the outdoor atmosphere of any malodorous air contaminants from any source, in such a manner that the malodors are detectable outside the property of the Facility (25 Pa. Code § 123.31).

 13. The Owner/Operator shall perform a facility-wide inspection any time the new auxiliary boiler is in operation for the presence of any fugitive emissions or malodors at the property line. If fugitive emissions or malodors are apparent, the Owner/Operator shall take corrective action. Records of each inspection shall be maintained in a log and at the minimum include the date, time, name and title of the observer, along with any corrective action taken as a result (25 Pa. Code § 127.12b).

 14. In lieu of continuous opacity monitoring (COM) system installation and operation, visible emission observations are required whenever the B&W Auxiliary Boiler combusts oil (40 CFR 60.13(i)(2)):

 a. At least once during each daylight shift when oil is combusted, an observer certified in accordance with EPA Method 9 shall perform a 3-minute visible emission observation. To obtain representative results, the oil firing rate during the observation period must be the maximum rate during the shift.

 b. An observer certified in accordance with EPA Method 9 shall perform a 3-minute visible emission observation whenever the boiler reaches operating load after a cold startup with oil.

 c. If the average opacity for a 3-minute set of readings made in accordance with a. or b. exceeds 10%, the observer must collect two additional 3-minute sets of visible emission readings for a total of three sets.

 15. The Owner/Operator shall maintain records of the following information for visible emission observations made by observers certified in accordance with EPA Method 9 (25 Pa. Code § 127.12b):

 a. Dates and time periods of all opacity observation periods.

 b. Name, affiliation and copy of current visible emission reading certification for each visible emission observer participating in the performance test.

 c. Copies of all visible emission observer opacity field data sheets.

 16. The Owner/Operator of an affected facility shall record and maintain records of the amounts of each fuel combusted during each day and calculate the annual capacity factor individually for each fuel for the reporting period. The annual capacity factor is determined on a 12-month rolling average basis with a new annual capacity factor calculated at the end of each calendar month (40 CFR 60.49b(d)(1)).

 17. The Facility is subject to New Source Performance Standards for Industrial-Commercial-Institutional Steam Generating Units (40 CFR Part 60, Subpart Db). In accordance with 40 CFR 60.4, copies of all requests, reports, applications, submittals and other communications shall be forwarded to both EPA and the Department at the addresses listed unless otherwise noted.

Director
Air Toxics and Radiation
U. S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029

Department of Environmental Protection
Air Quality Program
400 Waterfront Drive
Pittsburgh, PA 15222-4745

 18. All logs and required records shall be maintained onsite for a minimum of 5 years and shall be made available to the Department upon request (25 Pa. Code § 127.12b).

 19. Upon determination by the Owner/Operator that the sources covered by this Plan Approval are in compliance with all conditions of the Plan Approval the Owner/Operator shall contact the Department's reviewing engineer and schedule the Initial Operating Permit Inspection (25 Pa. Code § 127.12b).

 20. Upon completion of Initial Operating Permit Inspection and determination by the Department that the sources covered by this Plan Approval are in compliance with all conditions of the Plan Approval the Owner/Operator shall either revise the pending Title V Operating Permit (TVOP) renewal application or submit a TVOP modification application at least 60 days prior to the expiration date of the Plan Approval (25 Pa. Code § 127.12b).

 21. If, at any time, the Department has cause to believe that air contaminant emissions from the sources listed in this Plan Approval may be in excess of the limitations specified in, or established under this plan approval or the permittee's operating permit, the permittee may be required to conduct test methods and procedures deemed necessary by the Department to determine the actual emissions rate. The testing shall be conducted in accordance with 25 Pa. Code Chapter 139, where applicable, and in accordance with any restrictions or limitations established by the Department at such time as it notifies the company that testing is required (25 Pa. Code § 127.12b).

 General Conditions

 1. Words and terms that are not otherwise defined in this plan approval shall have the meanings set forth in section 3 of the Air Pollution Control Act (APCA).

 2. The issuance of this plan approval does not prevent the future adoption by the Department of any rules, regulations or standards, or the issuance of orders necessary to comply with the requirements of the Federal Clean Air Act (CAA) or the APCA, or to achieve or maintain ambient air quality standards. The issuance of this plan approval shall not be construed to limit the Department's enforcement authority.

 3. This plan approval authorizes temporary operation of the sources covered by this plan approval provided the following conditions are met.

 a. When construction, installation, modification or reactivation is being conducted, the permittee should provide written notice to the Department of the completion of the activity approved by this plan approval and the permittee's intent to commence operation at least 5 working days prior to the completion of said activity. The notice shall state when the activity will be completed and when the permittee expects to commence operation. When the activity involves multiple sources on different time schedules, notice is required for the commencement of operation of each source.

 b. Under 25 Pa. Code § 127.12b(d), temporary operation of the sources to facilitate the shakedown of sources and air cleaning devices, to permit operations pending the issuance of a permit under 25 Pa. Code Chapter 127, Subchapter F or G (relating to operating permits; and Title V operating permits) or to permit the evaluation of the air contaminant aspects of the source.

 c. This plan approval authorizes a temporary operation period not to exceed 180 days from the date of commencement of operation, provided the Department receives notice from the permittee under paragraph (a), previously.

 d. The permittee may request an extension of the 180-day shakedown period if further evaluation of the air contamination aspects of the sources is necessary. The request for an extension should be submitted, in writing, to the Department at least 15 days prior to the end of the initial 180-day shakedown period 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. This temporary operation period will be valid for a limited time and may be extended for additional limited periods, each not to exceed 180 days.

 e. The notice submitted by the permittee under previously included subpart a., prior to the expiration date of the plan approval, shall modify the plan approval expiration date on page 1 of this plan approval. The new plan approval expiration date shall be 180 days from the date of commencement of operation.

 4. The permittee shall maintain and operate the sources and associated air cleaning devices in accordance with good engineering practice as described in the plan approval application submitted to the Department.

 5. The records, reports or information obtained by the Department or referred to at public hearings shall be available to the public, except as provided in paragraph a. of this condition.

 a. Upon cause shown by the permittee that the records, reports or information or a particular portion thereof, but not emission data, to which the Department has access under the act, if made public, would divulge production or sales figures or methods, processes or production unique to that person or would otherwise tend to affect adversely the competitive position of that person by revealing trade secrets, including intellectual property rights, the Depart-ment will consider the record, report or information, or particular portion thereof confidential in the administration of the act. The Department will implement this section consistent with sections 112(d) and 114(c) of the CAA (42 U.S.C.A. §§ 7412(d) and 7414(c)). Nothing in this section prevents disclosure of the report, record or information to Federal, State or local representatives as necessary for purposes of administration of Federal, State or local air pollution control laws, or when relevant in a proceeding under the act.

 6. This plan approval will be valid for a limited time, as specified by the expiration date contained on page 1 of this plan approval. Except as provided in §§ 127.11a and 127.215 (relating to reactivation of sources; and reactivation), at the end of the time, if the construction, modification, reactivation or installation has not been completed, a new plan approval application or an extension of the previous approval will be required.

 a. If construction has commenced, but cannot be completed before the expiration of this plan approval, an extension of the plan approval must be obtained to continue construction. To allow adequate time for departmental action, a request for the extension should be postmarked at least 30 days prior to the expiration date. The Department will not issue an extension after the plan approval expires. The request for an extension should include the following:

 1. A justification for the extension.

 2. A schedule for the completion of the construction.

 If construction has not commenced before the expiration of this plan approval, then a new plan approval application must be submitted and approval obtained before construction can commence.

 b. If the construction, modification or installation is not commenced within 18-months of the issuance of this plan approval or if there is more than an 18-month lapse in construction, modification or installation, a new plan approval application that meets the requirements of 25 Pa. Code Chapter 127, Subchapters B, D and E (relating to plan approval requirements; prevention of significant deterioration of air quality; and new source review) shall be submitted.

 7. This plan approval may not be transferred from one person to another except when a change of ownership is demonstrated to the satisfaction of the Department and the Department approves the transfer of the plan approval in writing.

 a. Section 127.12a (relating to compliance review) applies to a request for transfer of a plan approval. A compliance review form shall accompany the request.

 b. This plan approval is valid only for the specific source and the specific location of the source as described in the application.

 8. Under 35 P. S. § 4008, no person shall hinder, obstruct, prevent or interfere with the Department or its personnel in the performance of any duty authorized under the APCA.

 a. The permittee shall also allow the Department to have access at reasonable times to said sources and associated air cleaning devices with such measuring and recording equipment, including equipment recording vi-sual observations, as the Department deems necessary and proper for performing its duties and for the effective enforcement of the APCA and regulations adopted under the act.

 b. Nothing in this plan approval condition shall limit the ability of the EPA to inspect or enter the premises of the permittee in accordance with section 114 or other applicable provisions of the CAA.

 9. This plan approval may be terminated, modified, suspended or revoked and reissued if one or more of the following applies:

 a. The permittee constructs or operates the source subject to the plan approval in violation of the act, the CAA, the regulations promulgated under the act or the CAA, a plan approval or permit or in a manner that causes air pollution.

 b. The permittee fails to properly or adequately maintain or repair an air pollution control device or equipment attached to or otherwise made a part of the source.

 c. The permittee fails to submit a report required by this plan approval.

 d. The EPA determines that this plan approval is not in compliance with the CAA or the regulations thereunder.

 10. The permittee, or any other person, may not circumvent the new source review requirements of 25 Pa. Code Chapter 127, Subchapter E by causing or allowing a pattern of ownership or development, including the phasing, staging, delaying or engaging in incremental construction, over a geographic area of a facility which, except for the pattern of ownership or development, would otherwise require a permit or submission of a plan approval application.

 11. No person may permit the use of a device, stack height which exceeds good engineering practice stack height, dispersion technique or other technique which, without resulting in reduction of the total amount of air contaminants emitted, conceals or dilutes an emission of air contaminants which would otherwise be in violation of this plan approval, the APCA or the regulations promulgated thereunder, except that with prior approval of the Department, the device or technique may be used for control of malodors.

 12. Reports, test data, monitoring data, notifications shall be submitted to the:

 Regional Air Program Manager
 Department of Environmental Protection
 400 Waterfront Drive
 Pittsburgh, PA 15222

 13. If required by section 112(r) of the CAA, the permittee shall develop and implement an accidental release program consistent with requirements of the CAA, 40 CFR Part 68 (relating to chemical accident prevention provisions) and the Federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act.

 14. A person may not cause or permit the operation of a source subject to § 127.11 (relating to plan approval requirements), unless the source and air cleaning devices identified in the application for the plan approval and the plan approval issued to the source, are operated and maintained in accordance with specifications in the application and conditions in the plan approval issued by the Department. A person may not cause or permit the operation of an air contamination source subject to this chapter in a manner inconsistent with good operating practices.

Notice of MACT Approval
CFR 40, Part 63, Subpart B
Maximum Achievable Control Technology
Emission Limitation for
Constructed and Reconstructed Sources
under Section 112(j)

 This notice establishes practicable, enforceable maximum achievable control technology emission limitations and requirements for Industrial, Commercial and Institutional Boilers and Process Heaters for the MACT-affected emission units located at Homer City Generating Station in Black Lick and Center Townships, Indiana County. The emission limitations and requirements set forth in this document are enforceable on November 24, 2009, or after all final comments have been addressed.

 A. Major Source Information

 1. Mailing address of owner or operator: EME Homer City Generation, LP, 1750 Power Plant Road, Homer City, PA 15748-8009

 2. Mailing address for location of major source: EME Homer City Generation, LP, 1750 Power Plant Road, Homer City, PA 15748-8009

 3. Source category or subcategory for major source: Industrial, Commercial, and Institutional Boilers and Process Heaters

 4. MACT-affected emission units: One Oil-Fired Auxiliary Boiler, B and W Model No. FM120-124 LH w/ 3L 2P 19E SH, Rated at 313 mmBtu/hr

 5. Type of construction or reconstruction: This source is to be constructed under Plan Approval No. 32-00055F. The proposed auxiliary boiler is an area source of HAPs to be located at a major source of HAPs which would have been subject to 40 CFR Part 63, Subpart DDDDD before the subpart was vacated in September of 2007.

 6. Anticipated commencement date for construction or reconstruction: November 17, 2009

 7. Anticipated start-up date of construction or reconstruction: July 17, 2009

 8. List of the HAPs emitted by MACT-affected emission units:

EmissionEmission
Hazardous Air PollutantRate (lb/hr) Rate (lb/yr)
Arsenic 0.00125 0.548
Benzene 0.00586 2.57
Beryllium Compounds 0.000939 0.411
Cadmium Compounds 0.000939 0.411
Chromium Compounds 0.000939 0.411
Ethylbenzene 0.00347 1.52
Formaldehyde 0.119 52.2
Hexane 0.00282 1.23
Manganese Compounds 0.00188 0.823
Mercury Compounds 0.000939 0.411
Naphthalene 0.00220 0.964
Nickel Compounds 0.000939 0.411
Selenium Compounds 0.00470 2.06
Toluene 0.00320 1.40
Xylene 0.00347 1.52
Total 0.15 66.876

 Emission rates listed are potential emission rates included in the plan approval application.

 B. MACT Emission Limitation

 1. The previously stated owner or operator shall not exceed the following emission limitations for the previously stated MACT-affected emission units.

Air Contaminant Emission Limitation (lb/mmBtu)
VOC 0.0067

 A VOC emission limitation has been determined to be the best available indicator of the control of organic HAPs as organic HAPs are a subset of VOCs.

 2. The previously stated owner or operator shall install and operate the following control technologies, specific design, equipment, work practice, operational standard, or combination thereof to meet the emission standard or MACT emission limitation listed in paragraph 1 of this section.

 The sulfur content in No. 2 fuel oil used to fire the auxiliary boiler shall not, at any time, exceed 0.1 wt%. The use of clean fuels (distillate oil) for combustion represents MACT for metallic and acid gas HAP control.

 The Owner/Operator shall employ good combustion practices at all times. Good combustion practices providing for adequate fuel residence time and high temperature represents MACT for organic HAP control.

 3. The previously stated owner or operator shall adhere to the following production or operational parameters for the technologies listed in paragraph 2 of this section.

 The annual capacity factor of the auxiliary boiler shall be limited to 5%.

 Total heat input will not exceed 137,040 mmBtu per consecutive 12-month period firing both propane and low sulfur No. 2 distillate oil.

 C. Monitoring Requirements

 For each MACT emission limitation and operational requirement established in Section B (MACT emission limitation) the previously stated owner or operator shall comply with the following monitoring requirements. State all monitoring requirements.

 No specific monitoring requirements are a part of this case-by-case MACT determination.

 D. Reporting and Recordkeeping Requirements

 The Owner/Operator shall record and maintain records of each fuel combusted during each day and calculate the annual capacity factor for each fuel for each calendar quarter. The annual capacity factor is determined on a 12-month rolling average basis with a new annual capacity factor calculated at the end of each calendar month.

 The Owner/Operator shall obtain and maintain onsite fuel receipts from the fuel supplier that certify that the oil meets the definition of distillate oil and meets the acceptable sulfur limit.

 Reports shall be submitted to the Administrator certifying that only very low sulfur oil meeting this definition, natural gas, wood and/or other fuels that are known to contain insignificant amounts of sulfur were combusted in the affected facility during the reporting period.

 E. Other Requirements

 1. The previously stated owner or operator shall comply with the General Provisions set forth in Subpart A of 40 CFR Part 63, as specified in 40 CFR 63.1(a) and as specified herein by the permitting authority.

 2. In addition to the requirements stated in paragraph 1 of this section, the owner or operator will be subject to the following additional requirements.

 No additional requirements are a part of this case-by-case MACT determination.

 F. Compliance Certifications

 The previously stated owner or operator shall certify compliance with the terms and conditions of this notice according to the following procedures:

 1. Stack testing for VOC shall be performed on the replacement auxiliary boiler in accordance with 25 Pa. Code § 139 within 180 days after the completion of construction. Maximum routine operating conditions of the auxiliary boiler is operation at 265 mmBtu/hr.

 2. Stack testing for VOC shall be performed on the replacement auxiliary boiler in accordance with 25 Pa. Code § 139 during the first time when operating at maximum rated capacity of 313 mmBtu/hr. Operation at maximum capacity is a nonpredictable condition and as such the operator shall notify the Department as soon as practical before testing at maximum capacity.

 3. The Owner/Operator shall submit three copies of a pretest protocol to the Department for review at least 45 days prior to the performance of any EPA reference method stack test. All proposed performance test methods shall be identified in the pretest protocol and approved by the Department prior to testing.

 4. The Owner/Operator shall notify the Regional Air Quality Manager at least 15 days prior to any performance test other than at maximum rated capacity so that an observer may be present at the time of the test. Notification shall also be sent to the Division of Source Testing and Monitoring. Notification shall not be made without prior receipt of a protocol acceptance letter from the Department.

 5. Under 40 CFR Part 60.8(a) and 40 CFR Part 63.7(g), a complete test report shall be submitted to the Department no later than 60 calendar days after completion of the on-site testing portion of an emission test program.

 6. Under 25 Pa. Code § 139.53(b) a complete test report shall include a summary of the emission results on the first page of the report indicating if each pollutant measured is within permitted limits and a statement of compliance or noncompliance with all applicable permit conditions. The summary results will include, at a minimum, the following information:

 a. A statement that the owner or operator has reviewed the report from the emissions testing body and agrees with the findings.

 b. Permit numbers and conditions which are the basis for the evaluation.

 c. Summary of results with respect to each applicable permit condition.

 d. Statement of compliance or noncompliance with each applicable permit condition.

 7. Under 25 Pa. Code § 139.3 to all submittals shall meet all applicable requirements specified in the most current version of the Department's Source Testing Manual.

 8. All testing shall be performed in accordance with the provisions of Chapter 139 of the Rules and Regulations of the Department.

 9. Under 25 Pa. Code § 139.53(a)(1) and (3) all submittals, besides notifications, shall be accomplished through PSIMS*Online available through https://www.depgreen port.state.pa.us/ecomm/Login.jsp when it becomes available. If Internet submittal can not be accomplished, three copies of the submittal shall be sent to the Department of Environmental Protection, Bureau of Air Quality, Division of Source Testing and Monitoring, 400 Market Street, 12th Floor, Rachael Carson State Office Building, Harrisburg, PA 17105-8468 with deadlines verified through document postmarks.

 10. The permittee shall ensure all Federal reporting requirements contained in the applicable subpart of 40 CFR are followed, including timelines more stringent than those contained herein. In the event of an inconsistency or any conflicting requirements between State and the Federal, the most stringent provision, term, condition, method or rule shall be used by default.

 Those who wish to provide the Department with additional written information that they believe should be considered prior to the issuance of the Plan Approval or Notice of MACT Approval may submit the information to Alan Binder, Department of Environmental Protection, 400 Waterfront Drive, Pittsburgh, PA 15222. Each written comment must contain the following:

 Name, address and telephone number of the person submitting the comments.

 Identification of the proposed Plan Approval (specify the Plan Approval number).

 Concise statements regarding the relevancy of the information or objections to issuance of the Plan Approval or Notice of MACT Approval.

 All comments must be received prior to the close of business 30 days after the date of this publication.

 For additional information you may contact Alan Binder at (412) 442-4168.

OPERATING PERMITS


Intent to Issue Title V Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter G.

Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702,

67-05033: Gichner Systems Group, Inc. (490 East Locust Street, Dallastown, PA 17313) for renewal of the Title V Operating Permit issued in January 2005 and administratively amended in December 2008 in York Township, York County.


Intent to Issue Operating Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015) and 25 Pa. Code Chapter 127, Subchapter F.

Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Ray Kempa, New Source Review Chief, (570) 826-2507.

54-00061: Kaytee Products, Inc. (55 North Sillyman Street, Cressona, PA 17929-1196) for operation of an animal food manufacturing facility in Cressona Borough, Schuylkill County. This is a renewal of a State-only Operating Permit.

48-00054: Praxair, Inc. (145 Shimersville Road, Bethlehem, PA 18015) for operation of an industrial, medical and specialty gas processing facility in the City of Bethlehem, Northampton County. This is a renewal of a State-only Operating Permit.

40-00109: Gruma Corp. (15 Elmwood Road, Mountaintop, PA 18707) for operation of a food manufacturing facility in Wright Township, Luzerne County. This is a new State-only Operating Permit.

40-00043: Crestwood Membranes, Inc. (755 Oakhill Road, Crestwood Industrial Park, Mountaintop, PA 18707) a State-only Operating Permit for a plastic sheet and film manufacturing facility in Wright Township, Luzerne County. The sources at the facility include two boilers, two heaters, three calendar processing lines and one laminating process. The proposed State-only Operating Permit contains applicable requirements for emissions limitations, monitoring, recordkeeping, reporting and work practice standards used to maintain facility compliance with Federal and State air pollution regulations.

39-00013: Kraft Foods North American, Inc. (7352 Industrial Boulevard, Allentown, PA 18106) a State-only Operating Permit to manufacture dry, condensed, evaporated products located in Upper Macungie, Lehigh County. The proposed State-only Operating Permit contains applicable requirements for emissions limitations, monitoring, recordkeeping, reporting and work practice standards used to maintain facility compliance with Federal and State air pollution regulations.

Southcentral Region: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, William R. Weaver, New Source Review Chief, (717) 705-4702.

36-03002: High Concrete Group, LLC (1853 William Penn Way, P. O. Box 10008, Lancaster, PA 17605) for operation of their precast concrete manufacturing facility at 125 Denver Road in East Cocalico Township, Lancaster County. This is a renewal of the State-only operating permit issued in January 2005.

36-05127: Martin Limestone, Inc.—Burkholder Plant (404 Martindale Road, Blue Ball, PA 17506) for operation of their existing asphalt plant in Earl Township, Lancaster County. This is a permit renewal of their existing State-only operating permit (Synthetic Minor). The State-only operating permit will include monitoring, recordkeeping, reporting requirements, emission restrictions and work practice standards designed to keep the facility operating within all applicable air quality requirements.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, Barbara Hatch, Facilities Permitting Chief, (412) 442-4174.

04-00266: Hanson Aggregates BMC, Inc. (2200 Springfield Pike, Connellsville, PA 15425-6412) for continued operation of their Sewickley Creek Asphalt Plant in Economy Borough, Beaver County. Equipment at this facility includes a hot mix asphalt plant, two asphalt cement tanks, waste derived liquid fuel tank, crushers, screens, conveyors, stockpiles and inplant roadways. Annual emissions from the facility are estimated to be 13.75 tons NOx, 8.00 tons VOCs, 32.5 tons CO, 8.25 tons PM and 14.5 tons SOx. The facility is subject to the applicable requirements of 25 Pa. Code Chapters 121—145 and Federal standards found in 40 CFR 60, Subparts A, I, Kb and OOO. Proposed OP contains applicable emission limits, as well as testing, monitoring, recordkeeping, reporting and work practice requirements.

04-00680: George Sand & Gravel, Inc. (P. O. Box 127, Georgetown, PA 15043) for operation of construction sand and gravel mining at the Georgetown Plant in Greene Township, Beaver County.

 This is a State-only Operating Permit renewal.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481, Matthew Williams, New Source Review Chief, (814) 332-6940.

24-00134: Contact Technologies, Inc. (229 West Creek Road, Saint Marys, PA 15857) for a Natural Minor Permit to operate an electric current carrying wiring devices manufacturing facility in City of Saint Marys, Elk County. The significant sources are ceramic production, machine shop operations, mixing/molding operations and safety kleen degreaser unit.

Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104, Edward Brawn, Chief, (215) 685-9476.

S09-006: Thomas Jefferson University and Hospital (214 South 11th Street, Philadelphia, PA 19107) for operation of a hospital in the City of Philadelphia, Philadelphia County. The facility's air emission source includes 13 emergency generators.

 The operating permit will be issued under the 29 Pa. Code, Philadelphia Code Title 3 and Air Management Regulation XIII. Permit copies and other supporting information are available for public inspection at AMS, 321 University Avenue, Philadelphia, PA 19104. For further information, contact Edward Wiener at (215) 685-9426.

 Persons wishing to file protest or comments on the previous operating permit must submit the protest or comments within 30 days from the date of this notice. Any protests or comments filed with AMS must include a concise statement of the objections to the permit issuance and the relevant facts upon which the objections are based. Based upon the information received during the public comment period, AMS may modify the operating permit or schedule a public hearing. The hearing notice will be published in the Pennsylvania Bulletin and a local newspaper at least 30 days before the hearing.

COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

 Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 P. S. §§ 691.1—691.1001); the Coal Refuse Disposal 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 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.

 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 or 86.34, must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.

 When 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. The Department has made a tentative determination to issue the NPDES permit in conjunction with the mining activity permit, but the issuance of the NPDES permit is contingent upon the approval of the associated mining activity permit.

 For coal mining activities, NPDES permits, when issued, will contain effluent limits that do not exceed the technology-based effluent limitations. The proposed limits are listed in Table 1.

 For noncoal mining activities, the proposed limits are found in Table 2. Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description below specifies the parameters. The limits will be in the ranges specified in Table 1.

 More restrictive effluent limitations, restrictions on discharge volume, or restrictions on the extent of mining that may occur, will be 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 362-0600-001, NPDES Program Implementation-Memorandum of Understanding Concerning Water Quality Management, NPDES Program Implementation and Related Matters. Other specific factors to be considered include public comments and Total Maximum Daily Loads (TMDLs).

 Persons wishing to comment on an NPDES permit application should submit a statement to the Department at the address of the district mining office indicated previously each application 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 § 92.61. The request or petition for a public hearing shall be filed within 30 days of this public notice and shall contain the name, address, telephone number and the interest of the party filing the request, and shall 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. In the case where a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

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
1The 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.

Cambria District Mining Office: 286 Industrial Park Road, Ebensburg, PA 15931, (814) 472-1900.

32940110 and NPDES No. PA0212962. Big Mack Leasing Company, Inc., R. D. 6, Box 231, Kittanning, PA 16201, permit renewal for reclamation only of a bituminous surface and auger mine in Young Township, Indiana County, affecting 27.5 acres. Receiving stream: Neal Run classified for the following use: TSF. There are no potable water supply intakes within 10 miles downstream. Application received September 28, 2009.

Greensburg District Mining Office: Armbrust Professional Center, 8205 Route 819, Greensburg, PA 15601, (724) 925-5500.

63813210 and NPDES Permit No. PA061529. Pennsylvania Coal Reclamation, Inc. (P. O. Box 136, Cuddy, PA 15031). Renewal application for continued mining of a coal refuse reprocessing surface mine, located in Deemston Borough, Washington County, affecting 53.3 acres. Receiving streams: UNT to Ten Mile Creek to Monongahela River, classified for the following use: TSF. The potable water supply intake within 10 miles downstream from the point of discharge: Tri-County Municipal Authority. Renewal application received October 6, 2009.

Pottsville District Mining Office: 5 West Laurel Boulevard, Pottsville, PA 17901, (570) 621-3118.

54991302R2 and NPDES Permit No. PA0223972. S & S Coal Company, LLC, (66 Snyder Lane, Hegins, PA 17938), renewal of an existing anthracite underground mine operation in Barry, Foster and Hegins Townships, Schuylkill County affecting 8 acres, receiving stream: tributary to Hans Yost Creek. Application received October 6, 2009.

54040103R. Summit Anthracite, Inc., (196 Vista Road, Klingerstown, PA 17941), renewal of an existing anthracite surface mine and coal refuse disposal operation in Blythe and Schuylkill Townships, Schuylkill County affecting 785 acres, receiving stream: none. Application received October 6, 2009.

54840209C3 and NPDES Permit No. PA0224804. Mazaika Coal Company, (689 Fairview Street, Tamaqua, PA 18252), correction to an existing coal refuse reprocessing and preparation plant operation to include an NPDES Permit for discharge of treated mine drainage in Rush Township, Schuylkill County affecting 24 acres, receiving stream: Little Schuylkill River, classified for the following uses: CWF and MF. Application received October 2, 2009.

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 (Department). 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 of the FWPCA or to the issuance of a Dam Permit, Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment must submit comments, suggestions or objections within 30 days of the date of this notice, as well as questions, to the regional office noted before 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. Individuals 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 8 a.m. and 4 p.m. on each working day at the regional office noted before the application.

 Persons with a disability who wish to attend a hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings should contact the specified program. TDD users should 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 Floodplain Management Act (32 P. S. § 679.302) and requests for certification under section 401(a) of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)).

WATER OBSTRUCTIONS AND ENCROACHMENTS

Southcentral Region: Watershed Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4707.

E21-412: Greenray Industries, Inc., 840 West Church Road, Mechanicsburg, PA 17055, Stormwater Outfall, Mechanicsburg Borough, Cumberland County, United States Army Corps of Engineers, Baltimore District.

 To construct and maintain a 96-inch wide by 16-inch high concrete stormwater outfall and R-4 riprap apron in Trindle Spring Run (CWF) for the purpose of discharging from a stormwater basin in Mechanicsburg Borough, Cumberland County (Mechanicsburg, PA Quadrangle N: 15.28 inches; W: 3.72 inches, Latitude: 40° 12` 33"; Longitude: -77° 01` 35").

Northcentral Region: Watershed Management Program Manager, 208 West Third Street, Williamsport, PA 17701, (570) 327-3636.

E41-600. Department of Conservation and Natural Resouces—Bureau of Forestry, District 20, 6735 Route 220, Dushore, PA 18614-8101. Small Projects Water Obstruction and Encroachment Joint Permit, in Plunketts Creek Township, Lycoming County, United States Army Corps of Engineers, Susquehanna River Basin District (Barbours, PA Quadrangle N: 41° 23` 59.15"; W: 76° 46` 16.30").

 To construct and maintain a canoe launch, measuring 870 square feet, in the delineated floodway of Loyalsock Creek, located at the Sandy Bottom canoe access along the northern right-of-way off SR 0087, 2.7 miles north of the intersection with SR 1007, in Plunketts Creek Township, Lycoming County. There are no impacts to wetlands proposed.

E57-117. Department of Conservation and Natural Resouces—Bureau of Forestry, District 20, 6735 Route 220, Dushore, PA 18614-8101. Small Projects Water Obstruction and Encroachment Joint Permit, in Hillsgrove Township, Sullivan County, United States Army Corps of Engineers, Susquehanna River Basin District (Hillsgrove, PA Quadrangle N: 41° 26` 55.88"; W: 76° 42` 41.18").

 To construct and maintain a canoe launch, measuring 160 square feet, in the delineated floodway of Loyalsock Creek, which is located along the northern right-of-way off Jack's Road, 1.2 miles east of the intersection with SR 0087, in Hillsgrove Township, Sullivan County. There are no impacts to wetlands proposed.

E57-118. Grace M. Rekito, R. R. 1 Box 1054, Mildred, PA 18632-9374. Water Obstruction and Encroachment Joint Permit Application, in Cherry Township, Sullivan County, United States Army Corps of Engineers, Susquehanna River Basin District (Laporte, PA Quadrangle N: 41° 29` 5.9"; W: 76° 22` 55.4").

 To construct and maintain 80 linear feet of 24-inch HDPE pipe in a UNT to Birch Creek, located 0.8 mile north of the intersection of SR 0487 and SR 1006. This project proposes to permanently impact 90 linear feet of the UNT to Birch Creek, which is designated an EVF and WT stream and does not propose to impact any jurisdictional wetlands.

Southwest Region: Watershed Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

E56-353. Somerset County Commissioners, 300 North Center Avenue, Suite 500, Somerset, PA 15501-1472. To construct a bridge over Laurel Hill Creek in Jefferson Township, Somerset County, United States Army Corps of Engineers, Pittsburgh District (Bakersville, PA Quadrangle North: 10.1"; West: 9.0", Latitude: 40° 03` 23.5"; Longitude: 79° 11` 21.5"). The applicant proposes to construct and maintain a concrete box beam bridge (prestressed concrete and steel are allowed as alternatives) with a span of 45`, a total width of 18.54` and an underclearance of 9.34` above normal WSE, for the purpose of conveying T- 538 (Duck Pond Road) over Laurel Hill Creek (HQ-CWF).

E65-934. Greater Johnstown Water Authority, 640 Franklin Street, P. O. Box 1407, Johnstown, PA 15901-1407. To construct and maintain 21 waterline stream crossings in Ligonier Borough, Ligonier and Fairfield Townships in Westmoreland County, Westmont Borough and Upper Yoder Township in Cambria County and Conemaugh Township in Somerset County, United States Army Corps of Engineers, Pittsburgh District (Starts on Ligonier, PA Quadrangle N: 22.2 inches; W: 14.8 inches, Latitude: 40° 14` 50"; Longitude: 79° 13` 52" and ends on Johnstown, PA Quadrangle N: 12 inches; W: 13.5 inches, Latitude: 40° 18` 58"; Longitude: 78° 58` 19"). The applicant proposes to construct and maintain 21 waterline stream crossings as follows: one crossing on Mill Creek, upstream of 271 Bridge (EV); two UNTs to Mill Creek, upstream of 271 Bridge (EV); one crossing on a UNT to Dalton Run (HQ-CWF); one crossing on O'Connor Run (HQ-CWF); one crossing on a UNT to O'Connor Run (HQ-CWF); 11 crossings on a UNT to Tubmill Creek (EV); two crossings on a UNT to Allwine Creek (EV), one crossing on Hess Run (HQ-CWF); eight crossings on Mill Creek (HQ-CWF); and two UNTs to Mill Creek (HW-CWF) and to temporarily impact 0.49 acre of wetlands. This is for the purpose of constructing an interconnection between the Municipal Authority of Westmoreland County (Ligonier Borough) and the Greater Johnstown Water Authority's water distribution systems.

ENVIRONMENTAL ASSESSMENTS

Southcentral Region: Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

EA67-016: Judy Wilson, 6924 Dark Hollow Road, Wrightsville, PA 17368, Wilson Stream Restoration, Hellam Township, York County, United States Army Corps of Engineers, Baltimore District.

 To restore and maintain approximately 200 linear feet of a UNT to the Susquehanna River (WWF) through bank grading, minor stream relocation and bank stabilization measures. The project is proposed to restore highly eroded potions of the channel to prevent structural damage. The project is located along Dark Hollow Road (Columbia West, PA Quadrangle N: 6.72 inches; W: 6.43 inches, Latitude: 40° 02` 13.2"; Longitude: 76° 32` 45.4") in Hellam Township, York County.

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