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PA Bulletin, Doc. No. 02-1749

NOTICES

ENVIRONMENTAL
HEARING BOARD

EME Homer City Generation L.P. v. DEP; EHB Doc. No. 2002-058-L

[32 Pa.B. 4924]

   The Department of Environmental Protection (Department) and EME Homer City Generation L.P. (EME) have agreed to a settlement of the previous matter. The Department issued NPDES Permit No. PA0043648 (Permit) to EME on January 29, 2002, which authorized EME to discharge wastewater from its coal cleaning plant in Center Township, Indiana County. The Permit included conditions that, inter alia, imposed preliminary water quality-based effluent limitations for selenium and sulfates and required EME to conduct a Toxics Reduction Evaluation (TRE) and 3 month study of total dissolved solids (TDS) and osmotic pressure. EME appealed the issuance of the Permit on March 1, 2002.

   The Department and EME have agreed to settlement of the appeal. Under the terms of the settlement, the Department will modify the Permit to delete the requirement to conduct a study of osmotic pressure and TDS, delete the TRE condition, add a new condition which includes elimination of any discharge from Outfall 001, except under emergency overflow conditions, change the description of Outfall 001 and revise the periods during which the interim and final effluent limitations for Outfall 001 will be in effect. The Department agrees that EME has satisfied its obligation to perform a Phase I TRE by notifying the Department that it will pursue source reduction at Outfall 001. EME agrees to accept the water quality-based effluent limitations for selenium and sulfates as final. The Department also agrees, upon request of EME, to modify the final water quality-based effluent limitation for sulfates in the discharge from Outfall 001 when the Environmental Quality Board adopts amendments to 25 Pa. Code § 96.3 (relating to water quality protection requirements).

   Copies of the full agreement are held by Zelda Curtiss, Southwest Region, Office of Chief Counsel, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4262; and Maxine M. Woelfling, Morgan, Lewis & Bockius LLP, One Commerce Square, 417 Walnut Street, Harrisburg, PA 17101-1904, (717) 237-4000. A copy of the agreement has also been filed with the Environmental Hearing Board and may be reviewed during normal business hours upon request.

GEORGE J. MILLER,   
Chairperson

[Pa.B. Doc. No. 02-1749. Filed for public inspection October 4, 2002, 9:00 a.m.]


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