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PA Bulletin, Doc. No. 00-530d

[30 Pa.B. 1662]

[Continued from previous Web Page]

HAZARDOUS SITES CLEANUP

Under the Act of October 18, 1988

Settlement under the Hazardous Sites Cleanup Act

Naginey Quarry Site

Armagh Township, Mifflin County

   The Department of Environmental Protection (Department) under the authority of the Hazardous Sites Cleanup Act (HSCA) (35 P. S. §§ 6020.101--6020.1305), has entered into a proposed Consent Order and Agreement (COA) with Christopher J. and Kimba J. Swyers (Swyers), also doing business as Mifflin County Recycling (collectively the Settlors) regarding response actions, response costs and access at the Naginey Quarry Site (site).

   The site is 55 acres of land located in Armagh Township, Mifflin County, approximately 3 miles east of the town of Milroy. The site is located in a rural area bordered on the south and east by agricultural lands, on the west by private residences and on the north by the Mifflin County Recycling Center and a limestone quarry. Approximately 11 acres of the site are currently owned by others, but subject to an option-to-purchase agreement by Settlors (Naginey Property). The remaining acreage of the site was sold. Approximately 1.7 acre were sold to Joe Krentzman and Sons, Inc. in 1972 (Krentzman Property); approximately 11.67 acres were sold to Mr. Bonson in 1996 and resold to Eastern Industries; approximately 28.22 acres were sold to Settlors through a Purchase Agreement in 1996 (Swyers Property), along with the option referenced previously.

   From 1972 to 1980, Krentzman leased its 1.7 acre to several related entities, the last being Independent Trading Corporation (ITC). The operations of these entities included the processing of spent batteries. These entities dumped battery casings and other solid waste both on the Krentzman Property and the Naginey Property.

   Prior to Settlors owning or operating at the site, hazardous substances within the meaning of section 101(14) of CERCLA, 42 U.S.C.A. § 9601(14), and section 103 of HSCA, were disposed by others at the Naginey Property. Lead, arsenic and antimony have contaminated the surface water, groundwater, soil and/or sediments at the site. Based upon a Remedial Investigation, the Department has determined that further response actions are necessary to abate the release and threatened release of hazardous substances at the site. The Department's proposed response includes excavation of contaminated soils and off-site disposal.

   The Department has information indicating that Charles H. and Constance C. Naginey, Independent Trading Corporation and Joe Krentzman and Sons, Inc. are responsible persons for the site within the meaning of section 107 of CERCLA, 42 U.S.C.A. § 9607, and section 701 of HSCA. The Department has settled with Charles H. and Constance C. Naginey concerning the site. This is documented in a Consent Order and Agreement dated July 27, 1998.

   Based upon the information that the Department has obtained concerning Settlors and the site, and based upon the information certified to by Settlors, the Department has determined that Settlors:  (1)  did not conduct or permit the generation, transportation, storage, treatment or disposal of any hazardous substances at the site; (2)  did not contribute to the release or threatened release of hazardous substances at the site through any act or omission; and (3)  acquired the approximately 28 acre parcel of the property within the site with no actual or constructive knowledge that that 28 acre parcel of the property was used for the generation, transportation, storage, treatment or disposal of any hazardous substance, and (4)  Settlors now intend to acquire the approximately 11 acre Naginey Property within the site after the date of this COA and after receiving the release and contribution protection afforded by this COA.

   Based upon this, the Department has determined that it is in the public interest to resolve the foregoing matters without litigation and to enter into a de minimis settlement with Settlors section 122(g) of CERCLA, 42 U.S.C.A. § 9622(g), and section 70 of HSCA.

   On February 28, 2000, the Department and the Settlors entered into a Consent Order and Agreement. Under the terms of the COA, the Settlors will pay the Department $10, and upon purchase of the Naginey Property, shall grant the Department and its designated agents, including contractors and responsible persons under the direction of the Department, access to and entry upon the Naginey Property and Swyers Property to perform Response actions at the site.

   This notice is provided under section 1113 of HSCA. This section provides that the settlement will become final upon the filing of the Department's response to any significant written comments. The proposed Consent Order and Agreement that contains the specific terms of the settlement is available for public review and comment. The proposed Consent Order and Agreement can be examined from 8 a.m. to 4 p.m. at the Department's office at 909 Elmerton Avenue, Harrisburg, PA 17110, by contacting Barbara Faletti at (717) 705-4864. The Administrative Record can also be reviewed at the Armagh Township Municipal Building, 224 College Avenue, Milroy, PA 17063, between the hours of 9 a.m. and 5 p.m. The Administrative record will be open for comment from the March 25, 2000, date of publication of this notice in the Pennsylvania Bulletin and will remain open for 60 days. Persons may submit written comments regarding this action to the Department before May 25, 2000, by mailing them to Barbara Faletti at the previously noted address.

LAND RECYCLING AND ENVIRONMENTAL REMEDIATION

Under Act 2, 1995

Preamble 2


The following final reports were submitted under the Land Recycling and Environmental Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).

   Provisions of Chapter 3 of the Land Recycling and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of submission of final reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the act's remediation standards. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis for selecting the environmental media of concern, documentation supporting the selection of residential or non-residential exposure factors, a description of the remediation performed, and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected.

   For further information concerning the final report, contact the Environmental Cleanup Program Manager in the Department's Regional Office under which the notice of receipt of a final report appears. If information concerning a final report is required in an alternative form, contact the community relations coordinator at the appropriate Regional Office listed. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.

   The Department has received the following final reports:

   Southeast Regional Office:  Environmental Cleanup Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, (610) 832-5950.

   Sun Pipe Line Co., Upper Uwchlan Township, Chester County. Jennifer L. Stafford, P.G., Groundwater and Environmental Services, Inc., 410 Eagleview Blvd., Suite 110, Exton, PA 19341, has submitted a Final Report concerning remediation of site soil contaminated with BTEX and petroleum hydrocarbons. The report is intended to document remediation of the site to meet the Statewide health standard.

   184 Pennsylvania Avenue Associates, Malvern Borough, Chester County. Michael S. Welsh, P.E., Applied Environmental Management, Inc., 16 Chester County Commons, Malvern, PA 19355, has submitted a Final Report concerning remediation of site soil contaminated with polycyclic aromatic hydrocarbons. The report is intended to document remediation of the site to meet the Statewide health standard.

   Northeast Regional Field Office:  Joseph Brogna, Regional Environmental Cleanup Program Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511.

   Hart Metals, Borough of Tamaqua, Schuylkill County. Peter D. Beyer, P.G., Project Manager, Environmental Resources Management, 855 Springdale Drive, Exton, PA 19341 has submitted a Final Report (on behalf of his client, Reade Manufacturing Company, 100 Ridgeway Boulevard, Lakehurst, NJ 08733) concerning the remediation of site soils, groundwater and surface water found or suspected to have been contaminated with volatile organic compounds, polycyclic aromatic hydrocarbons and/or metals. The report was submitted to document remediation of the site to meet the Statewide health standard.

   Queen City Business Center, City of Allentown, Lehigh County. Jeff Obrecht, P.G., Division Manager, Apex Environmental, Inc., 301 W. Lancaster Avenue, Reading, PA 19607 has submitted a Remedial Investigation Report and two Final Reports (on behalf of his client, Queen Business Center, 1801 South 12th Street, Allentown, PA 18103) concerning the remediation of site soils and groundwater found or suspected to have been contaminated with solvents and/or metals. The reports were submitted to document characterization and remediation of the site to meet both the Statewide health and site-specific standards.

   Southcentral Regional Office:  Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4705.

   Crown American Logan Valley Mall, Logan Township, Blair County. Mountain Research, Inc., 825 25th Street, Altoona, PA 16601 has submitted a combined Remedial Investigation/Final Report concerning remediation of site soils and groundwater contaminated with lead, VOCs, PAHs and benzene. The report is intended to document remediation of the site to a combination of the site-specific and Statewide health standards.

   Southwest Field Office:  John J. Matviya, Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-5217.

   Swissvale Auto Surplus Parts, Borough of Swissvale, Allegheny County. Keith Welks, Phoenix Land Recycling Company, 105 North Front Street, Suite 106, Harrisburg, PA 17101, and Frances Kalik, c/o Thomas Landye Esq., 3500 First Interstate Tower, Portland, OR 97201 has submitted a Final Report concerning remediation of site soil contaminated with PCBs, lead, heavy metals and Dioxin. The report is intended to document remediation of the site to meet the Statewide health standard.

LAND RECYCLING AND ENVIRONMENTAL REMEDIATION

Under Act 2, 1995

Preamble 3


The Department has taken action on the following plans and reports under the Land Recycling and Environmental Standards Remediation Act (35 P. S. §§ 6026.101--6026.908) and Chapter 250 Administration of Land Recycling Program.

   Provisions of 25 Pa. Code § 250.8 Administration of Land Recycling Program requires the Department of Environmental Protection (Department) to publish in the Pennsylvania Bulletin a notice of its final actions on plans and reports. A final report is submitted to document cleanup of a release of a regulated substance at a site to one of the remediation standards of the Land Recycling and Environmental Remediations Standards Act (act). Plans and reports required by provisions to the act for compliance with selection of remediation to a site-specific standard, in addition to a final report, include a remedial investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions from the site investigation, concentration of regulated substances in environmental media, benefits of reuse of the property, and in some circumstances, a fate and transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence of regulated substances. A cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis for selecting the environmental media of concern, documentation supporting the selection of residential or nonresidential exposure factors, a description of the remediation performed, and summaries of sampling methodology and analytical results which demonstrate that the remediation has attained the cleanup standard selected. The Department may approve or disapprove plans and reports submitted. This notice provides the Department's decision and, if relevant, the basis for disapproval.

   For further information concerning the plans and reports, contact the Environmental Cleanup Program Manager in the Department's Regional Office under which the notice of the plan or report appears. If information concerning a final report is required in an alternative form, contact the community relations coordinator at the appropriate Regional Office listed. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.

   The Department has acted upon the following plans and reports:

   Southeast Regional Office:  Environmental Cleanup Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, (610) 832-5950.

   Millenium--The Center for Internet Excellence, Conshohocken Borough, Montgomery County. Richard P. Almquist, Jr., Oxford Engineers & Consultants, Inc., 2621 Van Buren Avenue, Suite 500, Norristown, PA 19401, has submitted a Baseline Remedial Investigation Work Plan to initiate the administrative process of the Land Recycling and Environmental Remediation Standards Act as it applies to a Special Industrial Area site. The Work Plan was approved by the Department on February 11, 2000.

   Steinmacher Residence, Upper Chichester Township, Delaware County. Thomas Patterson, Roux Associates, Inc., 1222 Forest Parkway, Suite 190, West Deptford, NJ, has submitted a Final Report concerning remediation of site soil contaminated with polycyclic aromatic hydrocarbons. The report demonstrated attainment of the Statewide health standard and was approved by the Department on February 28, 2000.

   Southcentral Regional Office:  Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4705.

   Distribution Pole 22359S32512, Shiremanstown Borough, Cumberland County. PP&L, Inc., Two North Ninth Street, Allentown, PA 18101-1179 has submitted a final report concerning the remediation of site soils contaminated with PCBs. The final report demonstrated attainment of the Statewide health standard, and the Department approved the final report on February 25, 2000.

   Distribution Pole 23817S35303, City of Harrisburg, Dauphin County. PP&L, Inc., Two North Ninth Street, Allentown, PA 18101-1179 has submitted a final report concerning the remediation of site soils contaminated with PCBs. The final report demonstrated attainment of the Statewide health standard, and the Department approved the final report on February 25, 2000.

   Distribution Pole 15526S31704. Borough of Carlisle, Cumberland County. PP&L, Inc., Two North Ninth Street, Allentown, PA 18101-1179 has submitted a final report concerning the remediation of site soils contaminated with PCBs. The final report demonstrated attainment of the Statewide health standard, and the Department approved the final report on March 7, 2000.

   Southwest Field Office:  John J. Matviya, Environmental Cleanup Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-5217.

   LTV Steel Eliza and Monongahela Connecting Railroad Parcels, City of Pittsburgh, Allegheny County. LTV Steel Eliza and Monongahela Connecting Railroad Parcels, 200 Public Square, Cleveland, OH 44114-2308 and Martin C. Knuth, Civil and Environmental Consultants, Inc., 601 Holiday Drive, Building 3, Pittsburgh, PA 15220 has submitted a final report concerning remediation of site soil and groundwater contaminated with PCBs, lead, heavy metals, solvents, BTEX, PHCs, PAHs and elevated pH. The final report demonstrated attainment of the site specific standard and was approved by the Department on February 16, 2000.

SOLID AND HAZARDOUS WASTE

RESIDUAL WASTE PROCESSING FACILITIES


General Permit 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 the residual waste regulations for a general permit to operate residual waste processing facilities and the beneficial use of residual waste other than coal ash.

   Central Office:  Division of Municipal and Residual Waste, 14th Floor, Rachel Carson State Office Building, 400 Market Street, Harrisburg, PA 17101-2301.

   General Permit No. WMGR062. Gemark Service Corp., 99 Stevens Lane, Exeter, PA 18643. General Permit Number WMGR062 for processing silver bearing films and sludges through granulation, film washing using sodium hydroxide or enzymes and surfactants, flocculation, filtration and calcining, prior to beneficial use as feedstock for further silver reclamation and plastic recycling, was issued by Central Office on March 10, 2000.

OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE


Permits issued under Solid Waste Management Act (35 P. S. §§ 6018.101--6018.1003), Act of July 28, 1988, (P. L. 556, No. 101) and regulations to operate solid waste processing or disposal area or site.

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

   Permit I. D. No. 100020. IESI PA Bethlehem Landfill (Eastern Waste of Bethlehem, Inc. Landfill), IESI PA Bethlehem Landfill Corporation, 2335 Applebutter Road, Bethlehem, PA 18015. A major permit modification authorizing the construction of side slopes at 3:1 grades to bottom slope of 2.5%, the reduction (adjustment) of the final contour grades to affect a no increase in capacity of the cell, and utilization of Geocomposite Clay Liner (GCL) at this municipal waste landfill, located in Lower Saucon Township, Northampton County. The permit was issued in the Regional Office on March 7, 2000.

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

   Permit ID No. 101669, Imperial Processing Site, P. F. Environmental Technologies, Inc., 1135 Butler Avenue, New Castle, PA 16101. Operation of a municipal waste processing facility for the production of sludge derived synthetic soil in Findley Township, Allegheny County. Permit issued in the Regional Office on March 7, 2000.

AIR QUALITY

OPERATING PERMITS


General Plan Approval and Operating Permit usage authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northeast Regional Office:  Air Quality Program, Two Public Square, Wilkes-Barre, PA 17811-0790, (570) 826-2531.

   35-302-111GP:  Community Central Energy Corp. (1220 North Washington Avenue, Scranton, PA 18509) for construction and operation of a natural gas fired boiler at Dix and Lee Courts in Scranton, Lackawanna County.


Administrative Amendment of Operating Permits issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southeast Regional Office:  Air Quality Program, 555 North Lane, Conshohocken, PA 19428, (610) 832-6242.

   OP-46-0050:  Rohm & Haas DVI (727 Norristown Road, Spring House, PA 19477) on February 23, 2000, for Synthetic Minor NOx Facility in Lower Gwynedd Township, Montgomery County.

   Northcentral Regional Office:  Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3637.

   14-399-009F:  Murata Electronics North America, Inc. (1900 West College Avenue, State College, PA 16801-2799) on March 6, 2000, to incorporate conditions established in Plan Approval 14-399-009G for three new ceramic capacitor kilns and associated air cleaning devices, three electrically-heated thermal afterburners as well as conditions established in Plan Approval 14-399-009H for two new ceramic capacitor binder removal ovens and associated air cleaning devices, two electrically-heated thermal afterburners in Ferguson Township, Centre County.

   17-303-006A:  New Enterprise Stone and Lime Co., Inc. (P. O. Box 77, New Enterprise, PA 16664-0077) on March 6, 2000, to transfer an operating permit previously issued to Clearfield Asphalt and Construction Supply for operation of a batch asphalt concrete plant and associated air cleaning device (a fabric collector) as well as for the operation of a diesel generator in Lawrence Township, Clearfield County.

   Southwest Regional Office:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4174.

   OP-56-00258:  PBS Coals, Inc. Job 200 (Paxton Strip, P. O. Box 260, Friedens, PA 15541) for incorporation of Plan Approval PA-56-258A requirements--new coal preparation plant in Friedens, Somerset County.


Operating Permits issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southcentral Regional Office:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702.

   22-03029:  Chemetron Railway Products, Inc. (5600 Stillwell, Kansas City, MO 64120-1239) on March 13, 2000, for operation of a rail welding unit controlled by a dust collector at the Steelton Rail Welding Plant, 2115 South Front Street, Gate No. 8 in Steelton Borough, Dauphin County.

   28-03026A:  Gish Logging, Inc. (P. O. Box 282, Fort Loudon, PA 17224) on March 9, 2000, for operation of a 250 HP wood-fired boiler controlled by a mechanical collector in Metal Township, Franklin County. This source is subject to 40 CFR Part 60, Subpart Dc--Standards of Performance for Small Industrial-Commercial-Institutional Steam Generating Units.

   Southwest Regional Office:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4174.

   TV-63-00066:  Wheeling Pittsburgh Steel Corp. (1 Wheeling Pittsburgh Steel Drive, Allenport, PA 15412) issued a Title V Operating Permit on March 13, 2000, for operation of cold finishing of steel at the Allenport Plant in Allenport Borough, Washington County.

   OP-65-00061:  R.A.M. Terminals, Inc. (One Fifth Street, New Kensington, PA 15068) on March 10, 2000 for operation of crushing and screening at New Kensington Crushing Plant in New Kensington, Westmoreland County.


Operating Permits transferred under the Air Pollution Control Act (35 P. S. §§ 4001--4015).

   Southeast Regional Office:  Air Quality Program, 555 North Lane, Conshohocken, PA 19428, (610) 832-6242.

   46-399-113:  Ford Electronics & Refrigeration LLC (2750 Morris Road, Lansdale, PA 19446) for operation of two Selective Soldering Machines in Worcester Township, Montgomery County.

   46-301-272:  Lansdale Crematory, Inc. (Derstine and Cannon Avenues, Lansdale, PA 19446) for operation of a human crematory in Lansdale Borough, Montgomery County.

PLAN APPROVALS


Minor Modification of Plan Approvals issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Northcentral Regional Office:  Air Quality Program, 208 West Third Street, Suite 101, Williamsport, PA 17701, (570) 327-3637.

   OP-49-0013A:  Celotex Corp. (4010 Boy Scout Boulevard, Tampa, FL 33607) on March 9, 2000, to modify a condition regarding potential concerns with bed clogging and burnout on a regenerative thermal oxidizer to be used as an air pollution control device on a fiberboard dryer as well as to modify a condition regarding regenerative thermal oxidizer visible emission testing in the City of Sunbury, Northumberland County.


Plan Approvals issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southeast Regional Office:  Air Quality Program, 555 North Lane, Conshohocken, PA 19428, (610) 832-6242.

   PA-15-0055:  Highway Materials, Inc. (850 Quarry Road, Downingtown, PA 19335) on March 6, 2000, for operation of a baghouse in East Caln Township, Chester County.

   PA-09-0063A:  New Hope Crushed Stone Co. (6970 Phillips Mill Road, New Hope, PA 18938) on March 10, 2000, for operation of a stone crushing plant in Solebury Township, Bucks County.

   Northeast Regional Office:  Air Quality Program, Two Public Square, Wilkes-Barre, PA 17811-0790, (570) 826-2531.

   40-313-033B:  Coates Electrographics, Inc. (Country Club Road, P. O. Box 160, Dallas, PA 18612) on March 10, 2000, for construction of a toner production line and associated air cleaning device in Dallas Township, Luzerne County.

   Southcentral Regional Office:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702.

   06-03112:  Birdsboro Alloying, Inc. (200 C Furnace Street, Birdsboro, PA 19508), on March 10, 2000, for construction of an aluminum recycling facility with thermal afterburner at the Birdsboro Facility in Birdsboro Borough, Berks County.

   06-03113:  Haines & Kibblehouse, Inc. (P. O. Box 196 Skippack, PA 19474) on March 10, 2000, for construction of a non-metallic mineral crushing plant controlled by wet suppression at the Birdsboro Materials Plant in Robeson Township, Berks County. This source is subject to 40 CFR Part 60, Subpart OOO--Standards of Performance for New Stationary Sources.

   06-03114: Aluminum Alloys (P. O. Box 2197, Sinking Spring, PA 19608) on March 10, 2000, for construction of a thermal sand reclamation system controlled by two fabric collectors in Lower Heidelberg Township, Berks County.

   34-310-001E:  Jay Fulkroad & Sons, Inc. (R. D. 2, Box 125, McAlisterville, PA 17049) on March 13, 2000, for installation of a crusher and two screens controlled by wet suppression in Fayette Township, Juniata County. This source is subject to 40 CFR Part 60, Subpart OOO--Standards of Performance for Nonmetallic Mineral Processing Plants.

   38-05002A:  Alcoa, Inc. (3000 State Drive, Lebanon, PA 17042) on March 13, 2000, for installation of a rotoclone to control the No. 26 shear in South Lebanon Township, Lebanon County.

   Southwest Regional Office:  Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4174.

   PA-63-641B:  Regal Industrial Corp. (P. O. Box 291, Donora, PA 15033) on March 6, 2000, for painting operations at Donora Plant in Donora Borough, Washington County.

   PA-56-258B:  PBS Coals, Inc. (P. O. Box 260, Friedens, PA 15541), on February 9, 2000, for operation of limestone crushing and screening at Job 200 (Paxton Strip) in Brothersvalley Township, Somerset County.

   PA-30-096A:  Kyowa America Corp. (1000 East Roy Furman Highway, Waynesburg, PA 15370) on February 9, 2000, for operation of rotary concentrator and thermal at Pennsylvania Plant in Franklin Township, Greene County.

   PA-63-016A:  West Penn Power Co. (800 Cabin Hill Drive, Greensburg, PA 15601) on March 6, 2000, for operation of lime unloading at the Mitchell Station in Union Township, Washington County.


Plan Approvals extensions issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southeast Regional Office:  Air Quality Program, 555 North Lane, Conshohocken, PA 19428, (610) 832-6242.

   PA-46-0020:  Superior Tube Co. (3900 Germantown Pike, Collegeville, PA 19426) on March 7, 2000, for operation of three fabric filters and one rotoclove in Lower Providence Township, Montgomery County.

   46-327-018:  Superior Tube Co. (3900 Germantown Pike, Collegeville, PA 19426) on March 7, 2000, for operation of a new vapor degreaser in Lower Providence Township, Montgomery County.

   PA-46-0176:  A. Talone, Inc. (318 West Lancaster Avenue, Ardmore, PA 19003) on March 10, 2000, for operation of a solvent recovery dryer in Lower Merion Township, Montgomery County.

   PA-23-0067:  Alloy Surfaces Co., Inc. (121 North Commerce Drive, Aston, PA 19014) on March 10, 2000, for operation of a caustic metal treatment process in Chester Township, Delaware County.

   PA-09-0024A:  Waste Management of PA, Inc. (200 Bordentown Road, Tullytown, PA 19007) on March 10, 2000, for operation of a permitted landfill in Tullytown Borough, Bucks County.

   Southcentral Regional Office:  Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 706-4702.

   06-01023:  Stroehmann Bakeries, LC (640 Park Avenue, Reading, PA 19611) granted February 17, 2000, to authorize temporary operation of bread bakery operations controlled by a catalytic oxidizer, covered under this Plan Approval until June 17, 2000, at the Reading Plant in Reading City, Berks County.

   06-03041:  Delaware County Solid Waste Authority (583 Longview Road, Boyertown, PA 19512) granted March 4, 2000, to authorize temporary operation of a municipal waste landfill controlled by an enclosed ground flare and turbine, covered under this Plan Approval until July 1, 2000, at the Rolling Hills Landfill in Earl Township, Berks County. This source is subject to 40 CFR Part 60, Subpart WWW--Standards of Performance for Municipal Solid Waste Landfills.

MINING

APPROVALS TO CONDUCT COAL AND NONCOAL ACTIVITIES

   Actions on applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1--1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301--3326); The Clean Streams Law (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). The final action on each application also constitutes action on the request for 401 water quality certification. Mining activity permits issued in response to the applications will also address the applicable permitting requirements of the following statutes:  the Air Quality 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).

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

Coal Permits Issued

   65950101R. Amerikohl Mining, Inc. (202 Sunset Drive, Butler, PA 16001). Permit renewed for continued reclamation only of a bituminous surface mine located in Derry Township, Westmoreland County, affecting 60 acres. Receiving streams:  unnamed tributary to Millers Run to Loyalhanna Creek to Kiskiminetas River. Application received November 29, 1999. Renewal issued March 8, 2000.

   26950102R. Bridgeview Coal Company (Route 40, Box 257, Farmington, PA 15437). Permit renewed for continued reclamation only of a bituminous surface mine located in Wharton Township, Fayette County, affecting 221 acres. Receiving streams:  unnamed tributaries 2, 3, 6 and 10 Stony Fork and unnamed tributary 1 Little Sandy Creek. Application received November 29, 1999. Renewal issued March 8, 2000.

   McMurray District Office, 3913 Washington Road, McMurray, PA 15317.

   02891701. Consolidation Coal Company, (200 Hidden Valley Road, McMurray, PA 15317), to renew the permit for the Harmar AMD Plant and Strohm Pump in Harmar and Indiana Townships; Fox Chapel Borough, Allegheny County to renew an existing industrial waste permit and related NPDES permit, no additional discharges. Permit issued February 28, 2000.

   56911602. Elton Coal Company, (509 15th St., Windber, PA 15963), to renew the permit for the Huskin Run Tipple in Shade Township, Somerset County to renew an existing permit, no additional discharges. Permit issued February 28, 2000.

   30841313. Consolidation Coal Company, (P. O. Box 100, Osage, WV 26543), to revise the permit for the Dilworth Mine in Cumberland Township, Greene County to add 29.54 acres to subsidence control plan, no additional discharges. Permit issued March 1, 2000.

   04991601. Quality Aggregates, Inc., (200 Neville Road, Pittsburgh, PA 15225), to operate the Colona Dock in Monaca Township, Beaver County, new prep plant, tipple load out (grandfathered pre-existing to 1930s no additional discharges. Permit issued March 2, 2000.

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

   40940203R. Hudson Anthracite, Inc., (202 Main Street, Laflin, PA 18702), renewal of an existing coal refuse reprocessing operation in Jenkins Township, Luzerne County 149.86 acres, receiving stream--none. Renewal issued March 6, 2000.

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

   33753031. Colt Resources, Inc. (R. R. 3, Box 48A, Clarion, PA 16214) Renewal of an existing bituminous strip, auger and tipple refuse disposal operation in Perry Township, Jefferson County affecting 123.0 acres. This renewal is issued for reclamation only. Receiving streams:  Nicely Run. Application received December 22, 1999. Permit issued March 8, 2000.

   33793033. Cloe Mining Company, Inc. (P. O. Box I, Grampian, PA 16838) Renewal of an existing bituminous strip and auger operation in Gaskill Township, Jefferson County affecting 94.0 acres. Receiving streams:  Unnamed tributaries to Stony Run, Unnamed tributaries to Bear Run. Application received December 20, 1999. Permit issued March 8, 2000.

   Ebensburg District Office, 437 South Center Street, P. O. Box 625, Ebensburg, PA 15931-0625.

Coal Applications Issued

   56950101. Permit Renewal, Action Mining, Inc. (1117 Shaw Mines Road, Meyersdale, PA 15552-7288), for continued operation of a bituminous surface and auger mine in Brothersvalley Township, Somerset County, affecting 82.2 acres, receiving stream Piney Run, application received January 10, 2000, issued March 6, 2000.

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

Small Noncoal (Industrial Minerals) Permits Issued

   25992808. Rodger E. Niemeyer, Sr. (8939 Jones Road, R. D. 1, Wattsburg, PA 16442) Commencement, operation and restoration of a small noncoal sand and gravel operation in Concord Township, Erie County affecting 7.8 acres. Receiving streams:  None. Application received October 25, 1999. Permit issued March 9, 2000.

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

   58990847. William J. Taylor (R. R. 2, Box 226, Dalton, PA 18414-9030), commencement, operation and restoration of a small quarry operation in Gibson Township, Susquehanna County affecting 2.0 acres, receiving stream--none. Permit issued March 7, 2000.

   28990803. Paul Clapsadle, (11401 Creek Road, Fannettsburg, PA 17221), commencement, operation and restoration of a small quarry operation in Metal Township, Franklin County affecting 1.0 acre, receiving stream--none. Permit issued March 10, 2000.

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

Noncoal Permits Issued

   40980302T. Pennsy Supply, Inc., (1001 Paxton Street, P. O. Box 3331, Harrisburg, PA 17105), transfer of an existing quarry operation in Salem Township, Luzerne County affecting 49.6 acres, receiving stream--none. Transfer issued March 9, 2000.

ACTIONS TAKEN UNDER SECTION 401:  FEDERAL WATER POLLUTION CONTROL ACT

ENCROACHMENTS

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

   Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 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 rule 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 on applications filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27) and section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and sections 5 and 402 of The Clean Streams Law (35 P. S. §§ 691.5 and 691.402) and notice of final action for certification under section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). (Note:  Permits issued for Small Projects do not include 401 Certification, unless specifically stated in the description.)

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

   E15-630. Encroachment Permit. Susan Groves, 505 Pointe Lane, Pottstown, PA 19465. To construct and maintain a driveway crossing consisting of a 34-inch × 24-inch CMP arch culvert and eight 12-inch diameter CMP drain pipes which cross a small unnamed tributary to Rock Run (EV) and adjacent wetlands to provide access to a single-family dwelling. Project will impact a total of 0.03 acre of wetland (PSS). The site is located about 4,000 feet southwest of the intersection of Harmonyville Road and Chestnut Road (Pottstown USGS Quadrangle N:  12.44 inches; W:  11.46 inches) in South Coventry Township, Chester County.

   E23-390. Encroachment Permit. G & D Developers, 627 South Central Boulevard, Broomall, PA 19008. To place fill within a 0.46 acre body of water (POW) associated with the construction of lot 6 of a proposed residential subdivision. This site is located approximately 600 feet southeast of the terminus of Wootton Road (Norristown, PA Quadrangle N:  1.2 inch, W:  12.3 inches) in Radnor Township, Delaware County.

   E23-392. Encroachment Permit. Brinton Land Development Association, LP, 33 Rock Hill Road, Suite 200, Bala Cynwyd, PA 19004-2051. To place fill in 0.17 acre of wetlands (PFO) for the proposed Brinton Lake Corporate Center and The Shoppes at Brinton Lake, located on the northeast corner of the intersection of Brinton Lake Road and Baltimore Pike (S. R. 0001) (West Chester, PA Quadrangle N:  1.8 inch; W:  4.9 inches) in Concord Township, Delaware County. The permittee is required to provide 0.8 acre of replacement wetlands.

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

   E63-479. Encroachment. New Eagle Borough Municipal Sewer Authority, 157 Main Street, New Eagle, PA 15067. To place and maintain fill on the left bank of the Monongahela River (WWF) in conjunction with the construction of a sewage treatment plant located on the north side of Main Street, approximately 500 feet northeast from the intersection of Main Street and Beech Street (Monongahela, PA Quadrangle N:  15.3 inches; W:  9.9 inches) in New Eagle Borough, Washington County.

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

   E62-360. Encroachment. John Johnson, Bob's Garage, Youngsville, PA 16371. To remove the existing bridge and to construct and maintain a steel beam bridge having a clear span of 30 feet and a maximum underclearance of 11 feet for a private driveway across Matthews Run and approximately 50 feet of 6-foot-high gabion basket or concrete block stream bank wall between the bridge and existing gabion basket retaining wall along the right bank beyond the existing business along S. R. 27 approximately 1.4 mile north of Youngsville (Sugar Grove, PA Quadrangle N:  0.5 inch; W:  12.0 inches) in Brokenstraw Township, Warren County.

ENVIRONMENTAL ASSESSMENT

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

   D45-134. Environmental Assessment. Lake Swiftwater Club (R. R. 1, Box 62, Henryville, PA 18332). To remove approximately 10,000 cubic yards of accumulated silts and sediments from Swiftwater Lake. The dam impounding the lake is located across Swiftwater Creek approximately 500 feet southwest of the intersection of Swiftwater Road (S. R. 314) and Hulbert Hill Road (Mount Pocono, PA Quadrangle N:  17.65 inches; W:  4.00 inches) in Paradise Township, Monroe County.


SPECIAL NOTICES

Public Hearing Notice

NPDES Sewage Application

   The Department of Environmental Protection (Department), Water Management Program, will be holding a fact finding hearing on the Joy for Joint Venture NPDES Sewage application No. PA0057924. Due to a change in venue, the March 18, 2000 notice in the Pennsylvania Bulletin is hereby cancelled and replaced with the following: Joy for Joint Venture, NPDES Sewage Application No. PA0057924

   The hearing is scheduled for May 3, 2000, at 7 p.m. at the Delaware County Community College, Room A225, Route 252 and 901 South Media Line Road, Media, PA 19063, Delaware County. The hearing is being held to solicit pertinent comments on this application. The application is for the discharge of 50,000 gpd of sewage to an unnamed tributary to Crum Creek. A copy of this application is available for review in the Southeast Regional Office's Records Management Section, (610) 832-6268. Those interested in reviewing the application should call to schedule a date to review the file. The project sponsor is:  Joy for Joint Venture, 1604 Walnut Street, Philadelphia, PA 19013

   Comments received will be considered by the Department in completing its review and prior to taking final action concerning the application. The hearing will not be a question and answer session.

   Persons intending to make a presentation at the hearing should submit written notice to the Regional Manager, Water Management Program, Suite 6010, Lee Park, 555 North Lane, Conshohocken, PA 19428. The notice should include name, address and phone number, whether opposed or in favor of the project and a brief statement about the presentation. Comments should be kept brief and, depending on the number of speakers, may be limited to 10 minutes per speaker. Where groups are represented, a spokesperson is requested to present the group's concerns. Anyone wishing to present written material directly to the Department may do so within 30 days following the hearing.

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

[Pa.B. Doc. No. 00-530. Filed for public inspection March 24, 2000, 9:00 a.m.]



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