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[37 Pa.B. 6033]
[Saturday, November 10, 2007]

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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 Remediation Standards Act (35 P. S. §§ 6026.101--6026.908).

   Provisions of 25 Pa. Code § 250.8, administration 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 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 act. A final report provides a description of the site investigation to characterize the nature and extent of contaminants in environmental media, the basis of 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. Plans and reports required by provisions of 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 refuse 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. If required, a cleanup plan evaluates the abilities of potential remedies to achieve remedy requirements. A work plan for conducting a baseline remedial investigation is required by provisions of the act for compliance with selection of a special industrial area remediation. The baseline remedial investigation, based on the work plan, is compiled into the baseline environmental report to establish a reference point to show existing contamination, describe proposed remediation to be done and include a description of existing or potential public benefits of the use or reuse of the property. 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 regional office before 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. TDD users may telephone the Department through the AT&T Relay Service at (800) 654-5984.

   The Department has received the following plans and reports:

   Southcentral Region: Environmental Cleanup Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110.

   Fehl's Home & Garden, Muhlenberg Township, Berks County. Groundwater Sciences Corporation, 2601 Market Place Street, Suite 310, Harrisburg, PA 17110, on behalf of Fehl's Home & Garden, 5369 Allentown Pike, Temple, PA 19560 and Agway Liquidating Trust, LLC, 5790 Widewaters Parkway, Dewitt, NY 13214, submitted a Final Report concerning the remediation of site soils contaminated with No. 2 fuel oil from removed underground storage tanks. The final report demonstrated attainment of the Residential Statewide Health Standard, and was approved by the Department of Environmental Protection on October 23, 2007.

   PA Army National Guard Tyrone Armory, Tyrone Borough, Blair County. Converse Consultants, 2738 West College Avenue, State College, PA 16801, on behalf of Department of Military and Veteran Affairs, Environmental Section, Building 0-11, Fort Indiantown Gap, Annville, PA 17003-5002, submitted a Final Report concerning the remediation of site soils contaminated with heating oil. The final report demonstrated attainment of the Residential Statewide Health Standard, and was approved by the Department of Environmental Protection on October 25, 2007.

   Hopeland Post Office/Cloister Flooring, Inc., Clay Township, Lancaster County. GemChem, Inc., 53 North Cedar Street, Lititz, PA 17543 on behalf of Marcus Kline, Cloister Flooring, Inc., 749 Rothsville Road, Lititz, PA 17543, submitted a Final Report concerning the remediation of site soils contaminated with leaded and unleaded gasoline. The final report demonstrated attainment of the Residential Statewide Health Standard, and was approved by the Department of Environmental Protection on October 25, 2007.

   WLYH Tower, West Cornwall Township, Lebanon County. GeoServices, Ltd., 1525 Cedar Cliff Drive, Camp Hill, PA 17011, on behalf of Clear Channel Broadcasting, 3300 North Sixth Street, Harrisburg, PA 17110-1407, submitted a Final Report concerning the remediation of site soils contaminated with No. 2 fuel oil. The final report demonstrated attainment of the Residential Statewide Health Standard, and was approved by the Department of Environmental Protection on October 25, 2007.

   Northcentral Region: Environmental Cleanup Program Manager, 208 West Third Street, Williamsport, PA 17701.

   Rosemeier Property-Former Drive Plus Site, City of Lock Haven, Clinton County, Penn Environmental & Remediation, Inc., 2755 Bergey Road, Hatfield, PA 19440 on behalf of Robert Rosemeier, Drive Plus, 241 South Hanna Street, Lock Haven, PA 17745 has submitted a Final Report concerning remediation of site soil contaminated with benzene, toluene, ethylbenzene, xylenes, naphthalene, isopropyl benzene, benzo(b) fluoranthene, phenanthrene, pyrene and lead and groundwater contaminated with benzene, toluene, ethylbenzene, xylene, naphthalene, isopropyl benzene and lead. The Final Report demonstrated attainment of the Nonresidential Statewide Health Standard for soil and Residential Statewide Health Standard for groundwater and was approved by the Department of Environmental Protection on October 24, 2007.

AIR QUALITY


General Plan Approval and Operating Permit Usage Authorized under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127 to construct, modify, reactivate or operate air contamination sources and associated air cleaning devices.

   Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Thomas McGinley, New Source Review Chief, (484) 250-5920.

   09-302-089GP: AE Polysilicon Corp. (100 Passaic Avenue, Chatham, NJ 07928) on October 25, 2007, to operate a small gas/oil fired combustion Unit in Falls Township, Bucks County.

   Northeast Region: Air Quality Program, 2 Public Square, Wilkes-Barre, PA 18711-0790, Mark Neal Elko, New Source Review Chief, (570) 826-2531.

   39-399-061GP2: Buckeye Terminals, LLC (5 TEK Park, 9999 Hamilton Boulevard, Breinigsville, PA 18031) on October 17, 2007, to install an internal floating roof on tank No. 101 at their site in Lower Macungie Township, Lehigh County.

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

   GP1-36-03131: Lancaster Regional Medical Center (250 College Avenue, Lancaster, PA 17603) on October 25, 2007, for Small Gas and No. 2 Oil Fired Combustion Units under GP1 in City of Lancaster, Lancaster County. This is a renewal of the general permit.

   GP3-06-05087C: Haines & Kibblehouse, Inc. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474) on October 24, 2007, for Portable Nonmetallic Mineral Processing Plants under GP3 in Colebrookdale Township, Berks County.

   GP4-1-07-03044: Electric Motor & Supply, Inc. (1000 50th Street, P. O. Box 152, Altoona, PA 16601) on October 24, 2007, for Burn Off Ovens under GP4 in City of Altoona, Blair County. This is a renewal of the general permit.

   GP9-06-05087A: Haines & Kibblehouse, Inc. (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474) on October 24, 2007, for Diesel or No. 2 fuel-fired Internal Combustion Engines under GP9 in Colebrookdale Township, Berks County.

   Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, William Charlton, New Source Review Chief, (412) 442-4174.

   GP5-30-00169: Atlas Pipeline Pennsylvania, LLC (311 Rouser Road, P. O. Box 611, Moon Township, PA 15108) on October 17, 2007, a General Operating Permit to install and operate a Caterpillar Model G3508 633-bhp compressor engine and a Hanover Dehydrator rated at .5 mmBtu/hr at their Ceylon Compressor Station located at Cumberland Township, Greene County.

   GP9-26-00567: Shallenberger Construction, Inc.--Industrial Park Site (2611 Memorial Boulevard, Connellsville, PA, 15425) on October 25, 2007, to operate a diesel-fired engine to provide electric power for an associated portable nonmetallic mineral processing plant in Bullskin Township, Fayette County.

   GP3-26-00567: Shallenberger Construction, Inc.--Industrial Park Site (2611 Memorial Boulevard, Connellsville, PA, 15425) on October 25, 2007, to operate a portable nonmetallic mineral processing plant including a crusher with a water spray system in Bullskin Township, Fayette County.

   GP3-26-00566: Shallenberger Construction, Inc.--Mulch Yard Site (2611 Memorial Boulevard, Connellsville, PA 15425) on October 25, 2007, to operate a portable nonmetallic mineral processing plant including a crusher with a water spray system located in Connellsville Township, Fayette County.

   GP9-26-00566: Shallenberger Construction, Inc.--Mulch Yard Site (2611 Memorial Boulevard, Connellsville, PA 15425) on October 25, 2007, to operate a diesel-fired engine to provide electric power for an associated portable nonmetallic mineral processing plant in Connellsville Township, Fayette County.

   GP9-32-00320A: Penn Run Quarry--No. 2 (456 Weston Road, Penn Run, PA 15765) on October 24, 2007, for diesel engines at the Spruce Mine in Cherryhill Township, Indiana County.

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

   GP-20-299: Kastle Resources Enterprises, Inc.--Pierpont Compressor Station (Partch Road and Route 198, Linesville, PA 16424) on October 31, 2007, for a natural gas fired compressor engine BAQ/GPA/GP-5 in Crawford County.

   GP-42-197: Atlas Pipeline McKean, LLC--Irishtown Plant (Route 307, Lewis Run, PA 16738) on October 23, 2007, for a natural gas fired compressor engine BAQ/GPA/GP-5 in McKean County.


Plan Approvals Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and regulations in 25 Pa. Code Chapter 127, Subchapter B relating to construction, modification and reactivation of air contamination sources and associated air cleaning devices.

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

   67-03083B: Utz Quality Foods, Inc. (900 High Street, Hanover, PA 17331-1639) on October 24, 2007, to construct a continuous snack food fryer controlled by a mist eliminator at their snack food manufacturing facility in Hanover Borough, York County.

   67-03115A: Garrod Hydraulics, Inc. (1050 Locust Point Road, York, PA 17402-8059) on October 22, 2007, to install a chromium electroplating system and emission controls at their existing plant in East Manchester Township, York County.

   67-03142A: DCP Midstream, LP (370 17th Street, Suite 2500, Denver, CO 80202-5604) on October 25, 2007, for construction of a new propane terminal in West Manchester Township, York County.

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

   37-290D: Ferrotech Corp. (526 South Jefferson Street, New Castle, PA 16101) on October 26, 2007, to install an additional fabric filter PM control device at their facility site in the City of New Castle, Lawrence County. This is not a Title V facility.


Plan Approval Revisions Issued including Extensions, Minor Modifications and Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.13, 127.13a and 127.32.

   Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Thomas McGinley, New Source Review Chief, (484) 250-5920.

   09-0105B: Naceville Materials (P. O. Box 196, 2052 Lucon Road, Skippack, PA 19474) on October 23, 2007, to operate a 20,000 gallon storage tank in Springfiled Township, Bucks County.

   15-0004D: Alcoa Packaging, LLC (520 Lincoln Avenue, Downingtown, PA 19335) on October 23, 2007, to operate four film seaming machines in Downingtown Borough, Chester County.

   46-0035D: SmithKline Beecham--d/b/a Glaxo- SmithKline (709 Swedeland Road, King of Prussia, PA 19406) on October 23, 2007, to operate an incinerator in Upper Merion Township, Montgomery County.

   09-0175: Hanson Aggregates BMC, Inc. (1900 Sullivan Trail, Easton, PA 18040) on October 25, 2007, to operate new pit conveyors in Wrightstown Township, Bucks County.

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

   22-05007B: The Harrisburg Authority (One Keystone Plaza, Suite 104, Harrisburg, PA 17101) on October 22, 2007, to construct the Harrisburg Materials, Energy, Recycling and Recovery Facility, 1670 South 19th Street in the City of Harrisburg, Dauphin County. This plan approval was extended.

   67-02004: P. H. Glatfelter Company (228 South Main Street, Spring Grove, PA 17362) on October 26, 2007, to operate three power boilers controlled by an electrostatic precipitator, a lime calciner controlled by a Venturi scrubber and a softwood fiber line and causticizing area to be controlled by a regenerative thermal oxidizer in Spring Grove Borough, York County. This plan approval was extended.

   Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701, David Aldenderfer, Program Manager, (570) 327-3637.

   49-00020B: Truck Accessories Group, Inc.--d/b/a Leer East (3560 Housels Run Road, Milton, PA 17847) on October 24, 2007, to authorize the use of small quantities of additional VOC-containing and/or VHAPs air pollutant-containing materials in a mold maintenance area and fiberglass reinforced plastic truck cap and tonneau cover assembly and final finish operations in a fiberglass reinforced plastic and aluminum truck cap manufacturing facility in Milton Borough, Northumberland County.

   Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, William Charlton, New Source Review Chief, (412) 442-4174.

   30-00166A: Greene Team Pellet Fuel Co. (P. O. Box 74, Garards Fort, PA 15334) on November 24, 2007, for Wood Pellet Manufacturing Plant in Greene Township, Greene County. This is a Plan Approval Extention.

   65-00966A: Greensburg Thermal, LLC (755 Opossum Lake Road, Carlisle, PA 17016) on November 24, 2007, for circulating fluidized bed boiler at SCI Greensburg in Hempfield Township, Westmoreland County. This is a Plan Approval Extension.

   04-00699F: NGC Industries, Inc.--d/b/a/ National Gypsum Co. (2001 Rexford Road, Charlotte, NC 28211) on October 24, 2007, for cage mill at Shippingport Plant in Shippingport Borough, Beaver County. This is a Plan Approval Extension.

   30-00099E: Allegheny Energy Supply Co., LLC (800 Cabin Hill Drive, Greensburg, PA 15601) on October 30, 2007, for Coal Fired Steam Electric Generation Facility at Hatfield Power station in Monongahela Township, Greene County. This is a Plan Approval Extension.


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

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

   10-00028: Armstrong Cement and Supply Corp. (100 Clearfield Road, Cabot, PA 16023) on October 25, 2007, the Department of Environmental Protection re-issued a Title V Permit to operate a cement manufacturing facility in Winfield Township, Butler County. The facility's major emission sources include raw material stockpiles, primary and secondary crushers for raw materials, material conveyance systems, cement kilns, finish mills and miscellaneous support operations. The facility is a major facility due to its potential to emit PM, SOx, NOx and CO.


Operating Permits for Non-Title V Facilities Issued under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code Chapter 127, Subchapter F.

   Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401, Edward Jurdones Brown, Facilities Permitting Chief, (484) 250-5920.

   46-00134: The Hill School (717 East High Street, Pottstown, PA 19464) for a renewal and a Minor Modification to a Non-Title V Facility, State-only, Synthetic Minor Permit in Pottstown Township, Montgomery County. The Hill School has several combustion sources for heat, hot water and food preparation. The school has taken fuel throughput restrictions and changed some of the boilers from natural gas to No. 2 fuel oil. Monitoring, recordkeeping and reporting requirements have been added to the permit to address applicable limitations.

   09-00088: Chicago Steel (PA), LLC (80 Roebling Road, Fairless Hills, PA 19030) on October 25, 2007, for a renewal of a Non-Title V Facility, State-only, Natural Minor Permit in Falls Township, Bucks County. Chicago Steel (PA), LLC is a steel manufacturing facility. The sources of emissions are from a steel cleaning process equipped with a fume scrubber. Monitoring, recordkeeping and reporting requirements have been added to the permit to address applicable limitations.

   46-00149: Armstrong-Americas-I, LLC (250 Hansen Access Road, King of Prussia, PA 19406) On October 30, 2007, for renewal of air quality permit for two boilers in Upper Merion Township, Montgomery County. The permit is for a non-Title V (State-only) facility. The permit will include monitoring, recordkeeping and reporting requirements designed to keep the facility operating within all applicable air quality requirements.

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

   22-03017: Hoover Funeral Homes & Crematory, Inc. (6011 Linglestown Road, Harrisburg, PA 17112-1208) on October 26, 2007, to operate a human crematory in Lower Paxton Township, Dauphin County. This is a renewal of the State-only operating permit.

   28-03027: Kurdziel Industrial Coatings Co. (9473 Lincoln Way W, Saint Thomas, PA 17252-9710) on October 17, 2007, to operate their finish paint facility in St. Thomas Township, Franklin County. This is a renewal of the State-only operating permit.

   28-05020: T. B. Woods, Inc. (440 North 5th Avenue, Chambersburg, PA 17201-1778) on October 24, 2007, to operate their gray and ductile iron foundry in Chambersburg Borough, Franklin County. This is a renewal of the State-only operating permit.

   36-05109: Amerimax Home Products, Inc. (P. O. Box 4515, Lancaster, PA 17604-4515) on October 24, 2007, to operate their building shapes manufacturing facility in East Hempfield Township, Lancaster County. This is a renewal of the State-only operating permit.

   36-05123: Corixa Corp.--d/b/a GlaxoSmithKline Biologicals (325 North Bridge Street, Marietta, PA 17547-1134) on October 23, 2007, to operate boilers and emergency generators at their biological manufacturing facility in East Donegal Township, Lancaster County. This is a renewal of the State-only operating permit.

   38-05004: Kountry Kraft, Inc. (P. O. Box 570, Newmanstown, PA 17073-0570) on October 25, 2007, to operate their cabinet manufacturing facility in Millcreek Township, Lebanon County. This is a renewal of the State-only operating permit.

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

   63-00874: Therm-O-Rock East, Inc.--Donora Plant (P. O. Box 429, Pine Street, New Eagle, PA 15067) on October 18 2007, for raw material storage silos, blending and bagging stations, product bins and unpaved roadway fugitive emissions at their facility in the Borough of Donora, Washington County.

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

   25-00924: Erie Forge & Steel, Inc. (1341 West 16th Street, Erie, PA 16512-1522) on October 24, 2007, to issue a Natural Minor Permit to operate an iron and steel forging manufacturing facility in City of Erie, Erie County. The facility's significant sources include six heat treat furnaces. Previously, the facility was major for Title V due to its' potential to emit of NOx and CO. At present, the facility is natural minor because the emission level of pollutants is below Title V threshold limit after removal of several sources.

   62-00151: CB&I Water Fabrication Facility (1420 Lexington Avenue, Warren, PA 16365-2850) on October 24, 2007, to issue a Synthetic Minor Operating Permit to their facility in the City of Warren, Warren County. The Facility conducts fabrication of steel plate work. The permittee shall maintain the emission of VOC not more than 39.9 tpy based on a 12-month rolling total, maintain the emissions of each individual HAP not more than 9.9 tpy based on a 12-month rolling total and maintain the emissions of total HAPs from the Facility not more than 24.9 tpy based on a 12-month rolling total.


Operating Permit Revisions Issued including Administrative Amendments, Minor Modifications or Transfers of Ownership under the Air Pollution Control Act (35 P. S. §§ 4001--4015) and 25 Pa. Code §§ 127.412, 127.450, 127.462 and 127.464.

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

   21-05013: Fry Communications, Inc. (101 Fry Drive, Mechanicsburg, PA 17050-2654) on October 25, 2007, to operate their lithographic printing operation at Plant No. 1 in Mechanicsburg Borough, Cumberland County. This State-only operating permit has been administratively amended to incorporate plan approval 21-05013B. This is revision No. 1.

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

   11-00051: Quaker Sales Corp. (P. O. Box 880, Johnstown, PA 15907) on September 24, 2007, a Minor Operating Permit Modification to their State-only Operating Permit for Johnstown plant at West Taylor Township, Cambria County.

   30-00089: Dominion Transmission, Inc. (D. L. Clark Building, Suite 400, 501 Martindale Street, Pittsburgh, PA 15212-5817) on October 17, 2007, for a Department of Environmental Protection initiated Administrative Amendment to amend the performance of monitoring requirements, correct an error in stack test calculation methods and eliminate the requirement to perform monitoring for fuel bound nitrogen at the Crayne Compressor Station located in Franklin Township, Greene County.

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

   42-00197: Atlas Pipeline McKean, LLC (1550 Coraopolis Heights Road, FL 2, Moon Township, PA 15108-2973) for an administrative amendment of the State Operating Permit to change the ownership and to incorporate the conditions of General Permit (GP-5) for Source 110 Caterpillar compressor engine at their Irishtown Plant facility in Lafayette Township, McKean County.

ACTIONS ON COAL AND NONCOAL MINING ACTIVITY APPLICATIONS


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); and 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 and the NPDES permit application. Mining activity permits issued in response to the applications will also address the application 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).

   Coal Permits Actions

   California District Office: 25 Technology Drive, Coal Center, PA 15423, (724) 769-1100.

   Permit Number: 30831303 and NPDES Permit No. PA0013511, Cumberland Coal Resources, LP, (148 Portal Road, P. O. Box 1020, Waynesburg PA 15370), to revise the permit for the Cumberland Mine in Center Township, Greene County and related NPDES permit to construct and operate the No. 9 Air Shaft. Surface Acres Proposed 56.00. Receiving stream: Maple Run, classified for the following use: HQ-WWF. Application received April 18, 2007. Permit issued October 24, 2007.

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

   56010101 and NPDES No. PA0248924. Action Mining, Inc., 1117 Shaw Mines Road, Meyersdale, PA 15552, revision of an existing bituminous surface mine to add additional acres for mining in Elk Lick Township, Somerset County, affecting 81.0 acres. Receiving streams: UNT to the Casselman River classified for the following use: CWF. There are no potable water supply intakes within 10 miles downstream. Application received May 31, 2007. Permit issued October 19, 2007.

   56070103 and NPDES No. PA0262366. PBS Coals, Inc., P. O. Box 260, Friedens, PA 15541, commencement, operation and restoration of a bituminous surface mine in Stonycreek Township, Somerset County, affecting 338.3 acres. Receiving streams: Schrock Run and UNTs to Schrock Run classified for the following uses: CWF. The application is proposing to temporarily close a portion of T-695 during mining. A stream variance is being requested for a UNT to Schrock Run. This variance request is to mine through the headwaters of this stream and reconstruct the stream channel postmining. There are no potable water supply intakes within 10 miles downstream. Application received March 2, 2007. Permit issued October 23, 2007.

   Knox District Mining Office: P. O. Box 669, 310 Best Avenue, Knox, PA 16232-0669, (814) 797-1191.

   33070103 and NPDES Permit No. PA0258334. Reichard Contracting, Inc. (212 Olean Trail, New Bethlehem, PA 16242) Commencement, operation and restoration of a bituminous strip operation in Ringgold and Redbank Townships, Jefferson and Armstrong Counties affecting 165.5 acres. Receiving streams: UNTs to Painter Run. Application received April 27, 2007. Permit issued October 17, 2007.

   1542-33070103-E-1. Reichard Contracting, Inc. (212 Olean Trail, New Bethlehem, PA 16242). Application for a stream encroachment to conduct mining activities within 100 feet of UNT No. 8 to Painter Run in Ringgold and Redbank Townships, Jefferson and Armstrong Counties. Receiving streams: UNTs to Painter Run. Application received April 27, 2007. Permit issued October 17, 2007.

   33960109 and NPDES Permit No. PA0227331. TDK Coal Sales, Incorporated (P. O. Box 259, Brockway, PA 15824) Renewal of an existing bituminous strip and auger operation in Union Township, Jefferson County affecting 157.4 acres. Receiving streams: UNT to Little Mill Creek. This renewal is issued for reclamation only. Application received August 29, 2007. Permit issued October 23, 2007.

   33030106 and NPDES Permit No. PA0242373. Falls Creek Energy Co., Inc. (568 Silvis Hollow Road, Kittanning, PA 16201). Renewal of an existing bituminous strip and auger operation in Porter Township, Jefferson County affecting 163.5 acres. Receiving streams: Pine Run. Application received July 10, 2007. Permit issued October 23, 2007.

   Noncoal Permits Actions

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

   58070846. Stephen W. Major, (R. R. 3, Box 3944, Montrose, PA 18801), commencement, operation and restoration of a quarry operation in Bridgewater Township, Susquehanna County affecting 5.0 acres, receiving stream: none. Application received July 13, 2007. Permit issued October 22, 2007.

   8275SM2A3C5 and NPDES Permit No. PA0593885. Martin Limestone, Inc., (P. O. Box 550, Blue Ball, PA 17506), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Earl and Ephrata Townships, Lancaster County, receiving stream: Conestoga Creek and UNT to Conestoga Creek. Application received August 31, 2007. Renewal issued October 23, 2007.

   7775SM8C4 and NPDES Permit No. PA0595748. Dyer Quarry, Inc., (P. O. Box 188, Birdsboro, PA 19508), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Robeson Township, Berks County, receiving stream: Indian Corn Creek and Seidel Creek. Application received September 4, 2007. Renewal issued October 23, 2007.

   7775SM9A2C8 and NPDES Permit No. PA0595659. Glen-Gery Corporation, (P. O. Box 7001, Wyomissing, PA 19610), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Perry Township, Berks County, receiving stream: UNT to Schuylkill River. Application received September 4, 2007. Renewal issued October 23, 2007.

   8274SM6A2C6 and NPDES Permit No. PA0595349. Binkley & Ober, Inc., (P. O. Box 7, East Petersburg, PA 17520), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in East Hempfield Township, Lancaster County, receiving stream: UNT to Little Conestoga Creek. Application received September 6, 2007. Renewal issued October 25, 2007.

   7876SM1C5 and NPDES Permit No. PA0595721. ESSROC Cement Corp., (Route 248 and Easton Road, Nazareth, PA 18064), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Whitehall Township, Lehigh County, receiving stream: Coplay Creek. Application received September 10, 2007. Renewal issued October 25, 2007.

   64910303C and NPDES Permit No. PA0595462. Reading Materials, Inc., (P. O. Box 1467, Skippack, PA 19474), renewal of NPDES Permit for discharge of treated mine drainage from a quarry operation in Palmyra Township, Wayne County, receiving stream: tributary to Lake Wallenpaupack. Application received September 4, 2007. Renewal issued October 26, 2007

ACTIONS ON BLASTING ACTIVITY APPLICATIONS


Actions on applications under the Explosives Acts of 1937 and 1957 (43 P. S. §§ 151--161); and 25 Pa. Code § 211.124 (relating to blasting activity permits). Blasting activity performed as part of a coal or noncoal mining activity will be regulated by the mining permit for that coal or noncoal mining activity.

   Blasting Permits Actions

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

   28074152. David H. Martin Excavating, Inc., 4961 Cumberland Highway, Chambersburg, PA 17201-9655, blasting activity permit issued for commercial development in Chambersburg Borough, Franklin County. Blasting activity permit end date is December 17, 2008. Permit issued October 19, 2007.

   21074167. Dyno Nobel, Inc., 1320 Galiffa Drive, Donora, PA 15033, blasting activity permit issued for single development in Monroe Township, Cumberland County. Blasting activity permit end date is January 30, 2008. Permit issued October 19, 2007.

   44074103. Douglas Explosives, P. O. Box 77, Philipsburg, PA 16866-0077, blasting activity permit issued for commercial development in Granville Township, Mifflin County. Blasting activity permit end date is October 30, 2008. Permit issued October 19, 2007.

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

   360741109. Keystone Blasting Service, (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for Flyaway Industrial Park in Manheim Township, Lancaster County with an expiration date of December 30, 2007. Permit issued October 3, 2007.

   51074002. Controlled Demolition, Inc. (2737 Merrymans Mill Road, Phoenix, MD 21131), demolition blast ing at Tidewater Grain Elevator Implosion in the City of Philadelphia, Philadelphia County with an expiration date of November 21, 2007. Permit issued October 22, 2007.

   06074128. Warren's Excavating & Drilling, Inc. (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Franklin Street Improvements in West Reading Borough, Berks County with an expiration date of October 15, 2008. Permit issued October 22, 2007.

   13074107. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting for Boulder Creek Resort in Kidder Township, Carbon County with an expiration date of October 31, 2008. Permit issued October 22, 2007.

   52074130. Explosive Services, Inc. (7 Pine Street, Bethany, PA 18431), construction blasting for Saw Creek Estates in Lehman and Middle Smithfield Townships, Pike and Monroe Counties with an expiration date of October 31, 2008. Permit issued October 22, 2007.

   360741115. Keystone Blasting Service (381 Reifsnyder Road, Lititz, PA 17543), construction blasting for Snyder Road utilities in Manheim Township, Lancaster County with an expiration date of November 30, 2007. Permit issued October 23, 2007.

   38074122. Abel Construction Co., Inc. (P. O. Box 476, Mountville, PA 17554), construction blasting for Arbor Greene Phase 4 in North and South Londonderry Townships, Lebanon County with an expiration date of October 26, 2008. Permit issued October 23, 2007.

   38074123. Warren's Excavating & Drilling, Inc. (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Schaefferstown Fire Company in Heidelberg Township, Lebanon County with an expiration date of October 15, 2008. Permit issued October 23, 2007.

   38074124. Warren's Excavating & Drilling, Inc. (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for utilities on North Londonderry Square in North Londonderry Township, Lebanon County with an expiration date of October 15, 2008. Permit issued October 23, 2007.

   45074154. Warren's Excavating & Drilling, Inc. (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Mountain View Development in Stroud Township, Monroe County with an expiration date of October 1, 2008. Permit issued October 23, 2007.

   46074123. Warren's Excavating & Drilling, Inc. (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Shannon Rose Estates in New Hanover Township, Montgomery County with an expiration date of October 15, 2008. Permit issued October 23, 2007.

   48074116. Warren's Excavating & Drilling, Inc. (P. O. Box 1022, Honey Brook, PA 19344), construction blasting for Hanover Housing Development in Hanover Township, Northampton County with an expiration date of October 15, 2008. Permit issued October 23, 2007.

   67074149. TJ Angelozzi, Inc. (7845 Kabik Court, Woodbine, MD 21797), construction blasting for Penn's Preserve in York Township, York County with an expiration date of October 22, 2008. Permit issued October 23, 2007.

   46074003. Explo-Craft, Inc. (P. O. Box 1332, West Chester, PA 19380), construction blasting at Snyder Square Shopping Center in Hatfield Township, Montgomery County with an expiration date of December 31, 2007. Permit issued October 24, 2007.

FEDERAL WATER POLLUTION CONTROL ACT SECTION 401

   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 (FWPCA) (33 U.S.C.A. § 1341).

   Except as otherwise noted, the Department has granted 401 Water Quality Certification certifying that the construction and operation described will comply with the applicable provisions of sections 301--303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311--1313, 1316 and 1317) and that the construction will not violate applicable Federal and State water quality standards.

   Persons aggrieved by an action may appeal, under section 4 of the Environmental Hearing Board Act (35 P. S. § 7514) and 2 Pa.C.S. §§ 501--508 and 701--704 (relating to the Administrative Agency Law), to the Environmental Hearing Board, Second Floor, Rachel Carson State Office Building, 400 Market Street, P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. TDD users should contact the Environmental Hearing Board (Board) through the Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Board within 30 days of publication of this notice in the Pennsylvania Bulletin, unless the appropriate statute provides a different time period. Copies of the appeal form and the Board's rules of practice and procedure may be obtained from the Board. The appeal form and the Board's rules of practice and procedure are also available in Braille or on audiotape from the Secretary of 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 decision law.

   For individuals who wish to challenge an action, appeals must reach the Board within 30 days. A lawyer is not needed to file an appeal with the Board.

   Important legal rights are at stake, however, so individuals should show this notice to a lawyer at once. Persons who cannot afford a lawyer may qualify for free pro bono representation. Call the Secretary to the Board at (717) 787-3483 for more information.


Actions on applications for the following activities filed under the Dam Safety and Encroachments Act (32 P. S. §§ 693.1--693.27), section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and The Clean Streams Law (35 §§ 691.1--691.702) and Notice of Final Action for Certification under section 401 of the FWPCA (33 U.S.C.A. § 1341).

   Permits, Environmental Assessments and 401 Water Quality Certifications Issued

WATER OBSTRUCTIONS AND ENCROACHMENTS

   Southeast Region: Water Management Program Manager, 2 East Main Street, Norristown, PA 19401.

   E15-752. County of Chester, 14 East Biddle Street, 1st Floor, P. O. Box 2748, West Chester, PA 19380-2748, East Pikeland Township, Chester County, ACOE Philadelphia District.

   To remove the existing Pickering Road Bridge, a 61.4-foot long, 14.5-foot wide structure and to replace it with a 62-foot long, 28-foot wide structure with similar vertical and horizontal alignments across Pickering Creek (HQ-TSF). The site is located approximately 100 feet northwest of intersection of Pickering Creek and Church Roads (Malvern, PA USGS Quadrangle N:  19.35 inches; W:  13.15 inches).

   The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. 1341(a)).

   E46-1008. Montgomery Office Park, LLC, 301 Oxford Valley Road, Suite 201A, Yardley, PA 19067, Montgomery Township, Montgomery County, ACOE Philadelphia District.

   To perform the following water obstruction and encroachment activities associated with associated with the Montgomery Office Park Pond Project, consisting of four two-story buildings with associated parking facilities:

   1.  To excavate a stormwater basin and impact 0.09 acre of wetland (PEM) which will serve as a stormwater management facility.

   2.  To modify an existing 36-inch RCP stream enclosure that conveys flow under Horsham Road (SR 0463) by removing and replacing a segment and extending the pipe in the upstream direction to tie into Junction Box A1 of the basin noted near the Horsham Road/Stump Road intersection. The work will impact 185 liner feet of watercourse of which 145 feet is currently in a pipe.

   3.  To place fill within 62 linear feet of stream channel to facilitate the construction of associated parking area.

   The applicant also requests an Environmental Assessment Approval for impacts associated with the construction an on-stream Nonjurisdictional Dam and its appurtenant works that will impact 150 linear feet of watercourse, which will serve as a stormwater management facility.

   The site is a located at the intersection of Stump and Horsham Roads in Montgomeryville Township, Montgomery County (Ambler, PA Quadrangle N:  19.82 inches; W:  13.77 inches).

   The issuance of this permit also constitutes approval of a Water Quality Certification under Section 401 of the Federal Water Pollution Control Act (33 U.S.C.A. 1341(a)).

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

   E31-212: Joseph H. and Phyllis Shearer and R. Scott and Karen Shearer, 17 Arentzen Boulevard, Suite 206, Charleroi, PA 15022, Franklin Township, Huntingdon County, ACOE Baltimore District

   To remove the existing vacation home and then construct and maintain a 58-foot wide by 60-foot long home within the 100-year floodway and along the left bank of Spruce Creek (HQ-CWF). The project is located in Franklinville village (Franklinville, PA Quadrangle N:  3.4 inches; W:  12.75 inches, Latitude:  40° 38` 37"; Longitude:   78° 05` 31") in Franklin Township, Huntingdon County.

   E36-828: Department of Transportation Engineering District 6-0, 7000 Geerdes Boulevard, King of Prussia, PA 19406-1525, Sadsbury Township, Lancaster County and West Sadsbury Township, Chester County, ACOE Baltimore District

   To widen SR 0041, Section ZOK between Siddonsburg Road and Zook Road involving the following activities:

   1.  To construct and maintain a stream enclosure involving the connection of two existing 70-foot long, 36-inch RCP's with a 22-foot section and a 15-foot extension upstream in a UNT to Pine Creek (MF/TSF) at the Siddonsburg Road and SR 0041 intersection (Parkesburg, PA Quadrangle N:  15.84 inches; W:  16.35 inches, Latitude:  39° 57` 44"; Longitude:  75° 59` 30"). This will result in 178 feet of cumulative impact to an ephemeral stream.

   2.  To remove an existing reinforced concrete T-beam bridge having a total span of 24.13 feet, a width of 38.14 feet and a minimum underclearance of 11.75 feet and to construct and maintain a precast spread box beam bridge having a total clear span of 65.0 feet, a width of 54.0 feet and a minimum underclearance of 10.25 feet carrying SR 0041 over Pine Creek (MF/TSF) (Parkesburg, PA Quadrangle N:  15.74 inches W:  15.88 inches Latitude:  39° 57` 42" Longitude:  75° 59` 18").

   3.  To relocate 71 linear feet of a UNT to Pine Creek (MF/TSF) (Parkesburg, PA Quadrangle N:  15.79 inches; W:  15.84 inches, Latitude:  39° 57` 43"; Longitude:   75° 59` 17").

   4.  To relocate 170 linear feet of a UNT to Pine Creek (MF/TSF) and enclose and maintain 96 feet of the tributary in a 30-inch RCP (Parkesburg, PA Quadrangle N:  15.89 inches; W:  16.35 inches, Latitude:  39° 57` 45"; Longitude:  75° 59` 30"). The channel will increase in length by 183 linear feet.

   5.  To place and maintain fill in four exceptional value PEM wetlands involving:

   a.  0.01 acre permanent and 0.04 acre temporary impact (Parkesburg, PA Quadrangle N:  15.74 inches; W:  15.80 inches, Latitude:  39° 57` 42"; Longitude:  75° 59` 16").

   b.  0.08 acre permanent impact (Parkesburg, PA Quadrangle N:  15.79 inches; W:  15.76 inches, Latitude:  39° 57` 43"; Longitude:  75° 59` 15").

   c.  0.14 acre permanent impact (Parkesburg, PA Quadrangle N:  15.84 inches; W:  16.39 inches, Latitude:  39° 57` 44"; Longitude:  75° 59` 31").

   d.  0.0001 ac permanent impact (Parkesburg, PA Quadrangle N:  15.69 inches; W:  15.76 inches, Latitude:  39° 57` 41"; Longitude:  75° 59` 15").

   The applicant is required to replace a minimum of 0.23 acre of wetland and has proposed to create 0.32 acre of wetland near the Zook Road and SR 0041 intersection (Parkesburg, PA Quadrangle N:  15.69 inches; W:  15.76 inches, Latitude:  39° 57` 41"; Longitude:  75° 59` 15").

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

   E17-436. Emigh Run-Lakeside Watershed Association, P. O. Box 204, Morrisdale, PA 16858. Emigh Run No. 13 Acid Mine Drainage Treatment Project in Morris Township, Clearfield County, ACOE Baltimore District (Wallaceton, PA Quadrangle Latitude:   40° 56` 58.81"; Longitude:  78° 15` 57.09").

   The applicant proposed to construct, operate and maintain a passive acid mine drainage treatment system requiring a rock outfall along Emigh Run, minor road crossing Emigh Run, fill in wetland associated to Emigh Run and rock outfall along a UNT to Emigh Run for the abatement of acid mine drainage pollution. The project is located along the southern right-of-way of SR 2033 approximately 2.3 stream miles upstream of the Emigh Run Reservior. The Emigh Run No. 13 Acid Mine Drainage Treatment Project permanently impacts 0.06-acre of wetland, for which the Department of Environmental Protection has determined that the water quality improvements from Emigh Run No. 13 acid mine drainage treatment system serves to mitigate those permanent wetland impacts.

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

   E32-482. Indiana County Commissioners, 825 Philadelphia Street, Indiana, PA 15701. To construct and maintain two pedestrian/bicycle bridges on Blacklick Creek (TSF) in East Wheatfield and Buffington Townships, Indiana County, Pittsburgh ACOE District (New Florence, PA Quadrangle N:  17.96 inches; W:  1.24 inches, Latitude:  40° 28` 26"; Longitude:  79° 0` 32"). To construct and maintain two pedestrian/bicycle bridges on Blacklick Creek (TSF). The first is a single span simply supported truss bridge with a span of approximately 115` and an underclearance of approximately 21`. The second is a three span simply supported truss bridge with each span having a length of approximately 70`, for a total span of 220.5` and an underclearance of approximately 19`. Both spans are constructed on existing abutments and the second structure will be supported on existing piers, which will be modified to accommodate the new spans. Temporary ford crossings to access the existing piers may be required and are also included. The new bridges are being constructed for the purpose of improving a pedestrian/bicycle trail. The first span is located approximately 1/2 mile north of Dilltown and the second is located approximately 3/4 mile northwest of Dilltown.

   Northwest Region: Watershed Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481.

   E10-434, Pilot Travel Center, LLC, 5508 Lonas Road, Knoxville, TN 37909. SF Pilot Travel Center on SR 422, in Muddycreek Township, Butler County, ACOE Pittsburgh District (Portersville, PA Quadrangle N: 40° 57` 55"; W: 80° 08` 17").

   To fill a total of 0.33 acre of wetland for the development of a SF Pilot Travel Center including automobile and truck fueling, restaurant, access roads, parking utilities and associated grading north of SR 422 west of I-79. Project includes on site creation of 0.36 acre of replacement wetland.

   E42-330, Hancock Timberland VII QRS Trust, P. O. Box 3304, Smethport, PA 16749-0604. Hancock Timberland VII QRS Trust Twomile Creek Stream Crossing, in Annin Township, McKean County, ACOE Pittsburgh District (Roulette, PA Quadrangle N:  41° 52` 1"; W:  78° 14` 50.5").

   To operate and maintain a 50-foot long, 48-inch diameter plastic pipe culvert in Twomile Creek (CWF) on an access road serving as access for timber management extending northwest from Two Mile Road approximately 3.5 miles east of SR 155.

   E42-332, Atlas Resources, Inc., 101 McQuiston Drive, Jackson Center, PA 16133. Willow Creek Gas Pipeline Crossing, in Corydon Township, McKean County, ACOE Pittsburgh District (Stickney, PA Quadrangle N:  41° 57` 35.9"; W:  78° 47` 54").

   To install by directional boring and maintain a 4-inch diameter plastic natural gas pipeline across Willow Creek (HQ-CWF, Wild Trout) and adjoining Exceptional Value wetland following an existing gravel roadway extending south from SR 346 approximately 4.8 miles east of SR 321.

STORAGE TANKS

SITE-SPECIFIC INSTALLATION PERMITS


The following Storage Tank Site-Specific Installation Permits, under the authority of the Storage Tank Spill Prevention Act (35 P. S. §§ 6021.304, 6021.504, 6021.1101 and 6021.1102) and under 25 Pa. Code Chapter 245, Subchapter C, have been issued by the Bureau of Waste Management, Director, P. O. Box 8763, Harrisburg, PA 17105-8763.

SSIP
Permit No.
Applicant Name &
Address
County Municipality Tank Type Tank Capacity
07-09-007 Advanced Lubrication Specialties
420 Imperial Court
Bensalem, PA 19020
Attn: Michael Cimino
Bucks Bensalem Township 9 ASTs storing petroleum products 315,000 gallons total
07-22-005 Eldorado Properties Corporation
P. O. Box 2621
Harrisburg, PA 17105-2621
Attn: Stephen Carten
Dauphin Lower Swatara Township 1 AST storing petroleum product 2,106,000 gallons


SPECIAL NOTICES

HAZARDOUS SITES CLEANUP UNDER THE ACT OF
OCTOBER 18, 1988

Public Notice of Proposed Consent
Order and Agreement
Department of Environmental Protection
Mays Hickman Road Site
Robinson Township, Allegheny County

   Under section 1113 of the Hazardous Sites Cleanup Act (35 P. S. § 6020.1113) (HSCA), notice is hereby given that the Department of Environmental Protection (Department) has entered into a Consent Order and Agreement (CO&A) with Mays Properties, Inc. (MPI) concerning the Department's cleanup of the Mays Hickman Road Site (Site). The proposed CO&A resolves the HSCA owner-operator liability of MPI for reimbursement of costs expended by the Department in investigating and remediating the Site, a property of approximately 8 acres located in Robinson Township, Allegheny County (Site).

   Beginning in the mid-1950s and until at least 1964, Jake Phillips, Sr. hauled to the Site carbon sweepings dross and various industrial waste from the Pittsburgh Coke and Chemical facility (mid-1950s through 1959) and from the Pittsburgh Activated Carbon facility (1960 through 1964), both located on Neville Island. In September 1959, Jake Phillips, Sr. incorporated his hauling business as the Phillips Contracting Company, Inc. (PCC). The hauling from the two facilities conducted by Jake Phillips, Sr. and by PCC resulted in disposal at the Site of about 1,200 tons of carbon sweepings and industrial waste, including eight leaking 55-gallon drums.

   A 1993 Environmental Protection Agency investigation and 1994 and 2001 investigations by the Department found contamination in the form of various volatile and semi-volatile organics at the Site. In 2003, to address this contamination, the Department conducted an interim response under section 501(a) of HSCA (35 P. S. § 6020.501(a)). The Department's interim response entailed the removal and proper disposal of all Site waste As a result of its Site investigation and its interim response, the Department incurred costs in the amount of $1,385,368.

   The Department has previously settled its costs claims against Wilmington Securities, Inc., which inherited HSCA generator liability from its corporate predecessor, Pittsburgh Coke and Chemical; against Earlin Equipment Company, Inc. (Earlin), which inherited HSCA transporter liability from its corporate predecessor, PCC; and against Calgon Carbon Corporation, which inherited HSCA generator liability from its corporate predecessor, Pittsburgh Activated Carbon.

   The Department's proposed CO&A with MPI calls for MPI's filing with the Allegheny County, Pennsylvania Recorder of Deeds a consensual lien in favor of the Department in the amount of $450,000, which amount represents MPI's reimbursement to the Department of outstanding costs of $325,368 incurred at the Site, together with payment of accrued interest. The lien will attach to all real and personal property and any other assets owned by MPI. The lien will remain in place until MPI has made payment in full to the Department in the amount of $450,000.

   The CO&A additionally requires MPI to record with the Allegheny County Recorder of Deeds an acknowledgement of the disposal of hazardous substances and hazardous waste at the Site and a notice of property use restrictions prohibiting any use of the Site that is inconsistent with or that will negatively impact any of the investigative or remedial measures undertaken by the Department.

   The specific terms of this settlement are set forth in the CO&A between the Department and MPI. Copies of the CO&A are available for inspection at the Department's Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222.

   The Department will receive and consider comments relating to the CO&A for 60 days from the date of this Public Notice. The Department has the right to withdraw its consent to the CO&A if comments concerning the CO &A disclose facts or considerations which indicate that the CO&A is inappropriate, improper, or not in the public interest. After the public comment period, the Department's settlement with MPI shall be effective upon the date that the Department notifies MPI, in writing, that this CO&A is final and effective in its present form and that the Department has filed a response to significant written comments to the CO&A or that no such comments were received.

   Comments should be submitted, in writing, to Terry Goodwald, Department of Environmental Protection, Hazardous Sites Cleanup, 400 Waterfront Drive, Pittsburgh, PA 15222. Further information may be obtained by contacting Terry Goodwald at (412) 442-4000. TDD users should contact the Department through the Pennsylvania Relay Services at (800) 645-5984.

[Pa.B. Doc. No. 07-2064. Filed for public inspection November 9, 2007, 9:00 a.m.]



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