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PA Bulletin, Doc. No. 16-1490a

[46 Pa.B. 5591]
[Saturday, August 27, 2016]

[Continued from previous Web Page]

AIR QUALITY

PLAN APPROVAL AND OPERATING PERMIT APPLICATIONS

 The Department has developed an ''integrated'' plan approval, State Operating Permit and Title V Operating Permit program. This integrated approach is designed to make the permitting process more efficient for the Department, the regulated community and the general public. This approach allows the owner or operator of a facility to submit permitting documents relevant to its application for all sources related to a facility or a proposed project, affords an opportunity for public input, and provides for a decision on the issuance of the necessary permits.

 The Department received applications for Plan Approvals or Operating Permits from the following facilities.

 Copies of the application, the Department's analysis, all pertinent documents used in the evaluation of the application and subsequently prepared proposed plan approvals/operating permits are available for public review during normal business hours at the appropriate Department Regional Office. Appointments for scheduling a review must be made by calling the appropriate Department Regional Office. The address and phone number of the Regional Office is listed before the application notices.

 Persons wishing to file a written protest or provide comments or additional information, which they believe should be considered prior to the issuance of a permit, may submit the information to the Department's Regional Office. A 30-day comment period from the date of this publication will exist for the submission of comments, protests and information. Each submission must contain the name, address and telephone number of the person submitting the comments, identification of the proposed Plan Approval/Operating Permit including the permit number and a concise statement regarding the relevancy of the information or objections to issuance of the permit.

 A person wishing to request a hearing may do so during the 30-day comment period. A public hearing may be held, if the Department, in its discretion, decides that a hearing is warranted based on the information received. Persons submitting comments or requesting a hearing will be notified of the decision to hold a hearing by publication in the newspaper, the Pennsylvania Bulletin or by telephone, when the Department determines this type of notification is sufficient. Requests for a public hearing and any relevant information should be directed to the appropriate Department Regional Office.

 Permits issued to the owners or operators of sources subject to 25 Pa. Code Chapter 127, Subchapter D or E, or located within a Title V facility or subject to 25 Pa. Code § 129.51(a) or permits issued for sources with limitations on their potential to emit used to avoid otherwise applicable Federal requirements may be submitted to the United States Environmental Protection Agency for review and approval as a revision to the State Implementation Plan. Final Plan Approvals and Operating Permits will contain terms and conditions to ensure that the sources are constructed and operating in compliance with applicable requirements in the Air Pollution Control Act (35 P.S. §§ 4001—4015), 25 Pa. Code Chapters 121—145, the Federal Clean Air Act (42 U.S.C.A. §§ 7401—7671q) and regulations adopted under the Federal Clean Air Act.

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


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

Southeast Region: Air Quality Program, 2 East Main Street, Norristown, PA 19401.

Contact: James A. Beach, New Source Review Chief—Telephone: 484-250-5920.

09-0090C: Praxair Distribution, Inc. (One Steel Road East, Morrisville, PA 19067) for operation of one (1) existing Guardian Gas Cylinder Manifold, in Falls Township, Bucks County. The plan approval is for a non-Title V, State-Only facility. This plan approval is for the reactivation of their previously permitted Guardian System which was installed in 1992, deactivated on January 14, 2011, and no maintenance plan was submitted to DEP. This source processes residual gases from returned cylinders. The plan approval will include monitoring, recordkeeping and reporting requirements designed to keep the source and the facility operating within all applicable air quality requirements.

09-0152D: Gelest Inc. (11 Steel Road E, Morrisville, PA 19067) to authorize the installation and operation of 4 new reactors and change the status of 3 existing reactors previously installed under an RFD from insignificant to significant sources at Morrisville facility located in Falls Township, Bucks County. Gelest is a specialty chemicals manufacturer and operates under Natural Minor Operating Permit No. 09-00152. With this plan approval, Gelest has a potential to emit more than 25 tons of VOCs per year; however, Gelest is taking a site-wide emission limitation of 24.990 TPY of VOCs and stay as a Synthetic Minor. In addition, Gelest is also taking a HAP emissions limit of 24.990 for total HAPs and 9.990 for any single HAP. Gelest will estimate potential emissions for each order then update the emission records after the order is processed to maintain compliance with the applicable limits in the permit. A major part of the VOC and HAP emissions is fugitive and the rest is controlled by condenser and two acid scrubbers and a base scrubber. The scrubbers controls VOCs and HAPs by greater than 99 percent, and the condenser reclaims the condensable VOC and HAP compounds by greater than 90 percent. The plan approval contains monitoring, recordkeeping, reporting, and work practice standards designed to keep the facility operating within all applicable air quality requirements.

OPERATING PERMITS


Intent to Issue Title V Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter G.

Northcentral Region: Air Quality Program, 208 West Third Street, Williamsport, PA 17701.

Contact: Muhammad Q. Zaman, Environmental Program Manager—Telephone: 570-327-3648.

18-00005: Dominion Transmission, Inc. (925 White Oakes Blvd, Bridgeport, WV 26330) has submitted an application to the Pennsylvania Department of Environmental Protection for the significant modification to the Title V operating permit TVOP 18-00005 for a Notice of Violation (NOV) dated December 17, 2015, that was sent to DTI for not equipping the compressor turbine engine (Source P110) of Title V operating permit (TVOP) 18-00005 with the Cold Ambient Fuel Control Logic. The significant modification is for the increase in nitrogen oxide (NOx, expressed as NO2) and volatile organic compounds VOC because Dominion Transmission, Inc. did not install the Cold Ambient Fuel Control Logic on Source P110 at the Finnefrock Compressor Station located in Leidy Township, Clinton County.

 Dominion Transmission, Inc. has demonstrated compliance with all applicable air quality regulatory requirements pertaining to the operation of all air contamination sources and the emission of air contaminants authorized by the Title V operating permit. Based on these findings, the Department intends to modify the TVOP 18-00005 for the increase in the CO, NOx and VOC emissions for Source P110 and remove the condition requiring Source P110 to be equipped with the Cold Ambient Fuel Control Logic. The following is a summary of the conditions to be modified in the TVOP 18-00005 to be issued to ensure compliance with all applicable air quality regulatory requirements: The total carbon monoxide emissions from Source P110 shall not exceed 16.28 tons in any 12 consecutive month period; the total combined nitrogen oxide emissions from Source P110 shall not exceed 32.88 tons in any 12 consecutive month period and the total combined volatile organic compound emissions from Source P110 shall not exceed 3.00 tons in any 12 consecutive month period.

 All pertinent documents used in the evaluation of the application are available for public review during normal business hours at the Department's Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review must be made by calling 570-327-0550.

59-00005: Dominion Transmission Inc. (925 White Oaks Blvd., Bridgeport, WV 26330) for renewal of the Title V operating permit for their Sabinsville Compressor station located in Clymer Township, Tioga County. The facility is currently operating under Title V Operating Permit 59-00005. The facility's sources include one 25.2 million Btu per hour heater; 18 natural-gas fired combustion units with a combined maximum heat input rating of 3.773 million Btu per hour; five 1,300 brake-horsepower natural-gas fired engines; two 2,000 brake-horsepower natural-gas fired engines; one 2,370 brake-horsepower natural gas-fired engine controlled by an oxidation catalyst; one 5,810 brake-horsepower natural gas-fired turbine controlled by an oxidation catalyst; eight 65 kilowatt micro-turbines; one 12.07 million Btu per hour natural gas-fired salt bath heater; one 3.0 million Btu per hour natural gas-fired boiler; one 576 brake-horsepower diesel-fired emergency engine; one 150 brake-horsepower natural gas-fired emergency engine, 19 storage tanks; emergency gas blowdown; engine transition vents; and miscellaneous sources determined to be of minor significance.

 The facility has actual annual emissions of 45.57 tons of carbon monoxide, 36.11 tons of nitrogen oxides, 0.07 ton of sulfur oxides, 3.32 tons of particulate matter including particulate matter less than 10 microns in size, 3.32 tons of particulate matter less than 2.5 microns in size, 15.55 tons of volatile organic compounds, 7.75 tons of hazardous air pollutants, and 13,376.20 tons of greenhouse gases. The emission limits, throughput limitations and work practice standards along with testing, monitoring, record keeping and reporting requirements have been included in the operating permit to ensure the facility complies with all applicable Federal and State air quality regulations. These operating permit conditions have been derived from the applicable requirements of 40 CFR Part 60 Subpart Dc, 40 CFR Part 60 Subpart JJJJ, 40 CFR Part 60 Subpart KKKK, 40 CFR Part 63 Subpart ZZZZ, 40 CFR Part 63 Subpart DDDDD, 40 CFR Part63 Subpart YYYY, and 25 Pa. Code Chapters 121—145.

 All pertinent documents used in the evaluation of the application are available for public review during normal business hours at the Department's Northcentral Regional Office, 208 West Third Street, Suite 101, Williamsport, PA 17701. Appointments for scheduling a review must be made by calling 570-327-0550.

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.

Contact: Dave Balog, New Source Review Chief—Telephone: 814-332-6940.

42-00011: International Waxes Plant (45 Route 446, Smethport, PA 16749-5413) for intent to re-issue the Title V Permit for the Farmers Valley Plant in Keating Township, McKean County. The facility's representative to contact concerning this application is Mr. Daniel Goldsmith, Environmental Manager. His phone number is (814) 887-4056.

 The facility's major emission sources include the boilers 1, 2, and 3 (controlled by an ESP), natural gas boiler 5, rerun unit charge heater 2, crude unit vacuum heater, resin heater, No. 2 Earth Burner (controlled by a scrubber), emergency fire pumps and compressors, storage tanks (controlled by a flare), plant wide-fugitive emissions, wastewater treatment, propane deresiner unit (controlled by a flare), degreasers, flue gas holder, coal unloading, and flyash loading. The facility is a major facility due to its potential to emit Nitrogen Oxides (NOx), Sulfur Oxides (Sox), and Volatile Organic Compounds (VOCs). The facility is subject to the Title V Operating Permit requirements adopted in 25 Pa. Code Chapter 127, Subchapter G. The facility is subject to the New Source Performance Standards (NSPS) for Stationary Compression Ignition Internal Combustion Engines (40 CFR 60, Subpart IIII) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Organic Hazardous Air Pollutant for Equipment Leaks (40 CFR 63, Subpart H), Recovery Device and Routing to the Fuel Gas System or a Process (40 CFR 63, Subpart SS), Organic Liquids Distribution (40 CFR 63, Subpart EEEE), Stationary Reciprocating Internal Combustion Engines (40 CFR 63, Subpart ZZZZ), and, Industrial, Commercial and Institutional Boilers and Process Heaters (40 CFR 63, Subpart DDDDD).


Intent to Issue Operating Permits under the Air Pollution Control Act and 25 Pa. Code Chapter 127, Subchapter F.

Southwest Region: Air Quality Program, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

Contact: Tom Joseph, P.E., Engineering Manager—Telephone: 412-442-4336.

11-00527: Phoenix Services, LLC/Johnstown Slag Preparation Facility (1317 Main Street, Johnstown, PA 15909) for operation of a slag processing and handling facility located in Franklin Borough, Cambria County. The operation of the facility's air contamination source consisting front end loaders, vibrating feeder, jaw crusher, screens, conveyors, stackers, stockpiles, and roadways. Emissions are controlled through moisture content, the use of wet dust suppression and a water truck. Emissions from this site will not exceed 10 tons of particulate matter per year. This facility is subject to the applicable requirements of 25 Pa. Code Chapters 121—145. Proposed SOOP includes conditions relating to applicable emission restrictions, testing, monitoring, recordkeeping, reporting and work practice standards requirements.

OP-56-00159: Somerset County Technology Center/Somerset (281 Technology Drive, Somerset, PA 15501) in accordance with 25 Pa. Code §§ 127.424, 127.425 and 127.521, the Department of Environmental Protection (DEP) is providing notice that it intends to issue a renewal State Only Operating Permit (SOOP-56-00159) to Somerset County Technology Center to authorize the continued operation of a Tri-Fuel Boiler located in Somerset Township, Somerset County.

 The facility's air contamination sources consist of one boiler and two emergency generators. Emissions from ''Tri-Fuel Boiler'' are controlled via a Breslove Separator. Potential emissions from the facility are based on a limit of burning 2,000 tons of coal per consecutive 12-month period and are estimated to be 71.3 tons SOx, 11.0 tons CO, 9.1 tons NOx, 1.3 ton VOCs, and 15.0 tons particulate matter (PM). Actual emissions from the facility are much lower.

 This facility is subject to the applicable requirements of 25 Pa. Code Chapters 121—145. Proposed SOOP renewal includes conditions relating to applicable emission restrictions, testing, monitoring, recordkeeping, reporting and work practice standards requirements. The emergency generators are subject to the applicable requirement of 40 CFR Part 63 Subpart ZZZZ.

 Somerset County Technology Center State Only Operating Permit renewal application, the Department's Air Quality Review Memorandum, and the proposed Air Quality State Only Operating Permit for this project are available for review by any interested party at the Pennsylvania Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222. To request a review of the State Only Operating Permit renewal application, to receive an electronic copy of the Department's Air Quality Review Memorandum, or to receive an electronic copy of the Department's proposed Air Quality State Only Operating Permit for this project, a person may contact Phil Bouse at pbouse@pa.gov or 412.442.4000.

 Any person may submit comments, requests for the Department to hold a public hearing, or protests to the operating permit or a proposed condition thereof, by filing such submissions in writing to the Department at the Southwest Regional Office. A 30-day comment period from the date of this publication will exist for the submission of comments.

 All comments, requests for a public hearing, and protests to a proposed action, shall be filed with the Department within 30 days of the date that notice of the proposed action was published under 25 Pa. Code § 127.424 (relating to public notice). Comments, requests for a public hearing, and protests must include the name, address and telephone number of the person filing the protest, identification of the proposed permit issuance being opposed (State Only Operating Permit 56-00159) and a concise statement of the objections to the permit issuance and the relevant facts upon which the objections are based.

 A public hearing may be held in accordance with 25 Pa. Code § 127.429, if the Department, in its discretion, decides that such a hearing is warranted based on the information received. If a public hearing is held, all persons who have properly filed a protest under 25 Pa. Code § 127.426 may appear and give testimony. The applicant, the protestant and other participants will be notified of the decision to hold a hearing (and the time, place and purpose of such hearing) by publication in the newspaper or by the Pennsylvania Bulletin, or by telephone, where the Department determines such notification by telephone is sufficient.

 Comments, protests and requests for a public hearing should be directed to Jesse S. Parihar, Air Quality Engineering Specialist, Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA 15222. (jparihar@pa.gov, Fax 412.442.4194).

Northwest Region: Air Quality Program, 230 Chestnut Street, Meadville, PA 16335-3481.

Contact: Dave Balog, New Source Review Chief—Telephone: 814-332-6940.

24-00083: Mersen USA, St. Marys—PA Corporation (215 Stackpole Street, Saint Marys, PA 15857-1401) for renewal of the Title V Operating Permit. The facility is located in the City of Saint Marys, Elk County. The facility manufactures Carbon and Graphite Products. The facility's emitting sources include: Billet Unloading Station; Pulverizers; Mills; Crushers Furnaces; Blenders; Sizing Operations; Mixers; Ovens; Graphitizers; Dryers; Machining Operations; Press Jolters; Miscellaneous Sources controlled by baghouses which exhaust outside; Parts Cleaners; Vacuum Hoses; and, Weigh Stations. The facility is a major facility due to potential PM10 (Particulate matter particle size is less than or equal to ten micron) emissions, Carbon Monoxide (CO) emissions, and Sulfur Dioxide (SOx) emissions more than 100 tons per year. Therefore, the facility is subject to the Title V Operating Permit requirements adopted in 25 Pa. Code Chapter 127, Subchapter G. The facility is also subject to the Compliance Assurance Monitoring Rule (CAM) found in 40 C.F.R. Part 64. Appropriate permit conditions to address the applicable CAM requirements were included in the previous permit. The facility provided the following potential emissions in the permit application: Particulate Matter (PM-25)—10.98 Tons per year (TPY); PM less than ten microns (PM-10)—18.40 TPY; Oxides of Sulfur (SOx)—83.11 TPY; Carbon Monoxide (CO)—205.91 TPY; Oxides of Nitrogen (NOx)—11.65 TPY; Volatile Organic Compound (VOC)—7.59 TPY; and Hazardous Air Pollutants (HAP) Less than one ton per year.

10-00237: Fox Funeral Home (410 West Main Street, PO Box 305, Saxonburg, PA 16056) to issue a renewal State Only Operating Permit for the facility located in Saxonburg Borough, Butler County. The facility is a Natural Minor. The primary sources at the facility include a natural gas fueled crematory and miscellaneous natural gas combustion units. The crematory is equipped with a 716,000 Btu/hr burner in the primary chamber and a 1.4 million Btu/hr burner in the secondary chamber. Emissions from the facility are: 0.04 tpy PM-10; 0.05 tpy CO; and 0.10 tpy VOC. The renewal permit contains emission restrictions, recordkeeping, and work practice requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act.

20-00135: Clear Lake Lumber (409 Main Street, Spartansburg, PA 16434) to issue a renewal of the State Only Operating Permit for the sawmill and hardwood flooring facility located in Spartansburg Borough, Crawford County. The sources at the facility include a wood fired boiler controlled by a cyclone, chipper room, sawmill operations, a reman shed for sorting and cutting lumber, the planer shed, planer silo, boiler silo, and cyclones/baghouses for control of the particulate emission. The facility is a natural minor. The facility is an Area Source for MACT. The wood fired boiler is subject to the requirements of 40 CFR 63, Subpart JJJJJJ—NESHAP for Industrial, Commercial, and Institutional Boilers at Area Sources. The renewal permit contains emission restrictions, recordkeeping, work practice, and additional requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act. The emissions from the boiler are: 13.1 TPY of particulate, 44.7 TPY of CO, 0.3 TPY of VOC, 16.4 TPY of NOx, and 1.8 TPY SO2. The particulate emissions from each of the other sources is limited to 0.04 gr/dscf by 25 Pa. Code § 123.13.

25-00940: Animal Friends Cremation Services (11711 Sharp Rd, PO Box 735, Waterford, PA 16441-3935) to issue a renewal State Only Operating Permit for the facility located in Waterford Borough, Erie County. The facility is a Natural Minor. Annual emissions of criteria pollutants are as follows: 0.24 tpy PM-10; 0.04 tpy CO. The primary source at the facility is a natural gas fueled crematory equipped with a primary chamber burner rated at 800,000 Btus/hr and a secondary chamber burner rated at 1.3 million Btus/hr. The renewal permit contains emission restrictions, recordkeeping, and work practice requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act.

42-00187: Resting Acres Pet Cemetery (1353 South Avenue, Bradford, PA 16701-0736) to issue a renewal State Only Operating Permit for the facility located in Bradford Township, McKean County. The facility is a Natural Minor. The primary sources at the facility are 2 natural gas fueled crematories: Crematory A, rated at 1.5 million Btu/hr; and Crematory B, rated at 1.3 million Btus/hr. Annual emissions from the facility are as follows: PM-10 < 1 tpy; CO < 1 tpy; VOC < 1 tpy. The renewal permit contains emission restrictions, recordkeeping, and work practice requirements to ensure compliance with the Clean Air Act and the Air Pollution Control Act.

Department of Public Health, Air Management Services: 321 University Avenue, Philadelphia, PA 19104.

Contact: Edward Wiener, Chief—Telephone: 215-685-9426.

N16-000: Equinix LLC (401 N. Broad Street, Philadelphia, PA 19108) for the operation of a data center in the City of Philadelphia, Philadelphia County. The facility's air emission sources include one (1) 800 kW diesel fuel fired emergency generator (EG1), and two (2) 1,500 kW diesel fuel fired emergency generators EGA & EGB.

 The operating permit will be issued under 25 Pa. Code, Philadelphia Code Title 3 and Air Management Regulation XIII. Permit copies and other supporting information are available for public inspection at AMS, 321 University Avenue, Philadelphia, PA 19104. For further information, contact Edward Wiener at (215) 685-9426.

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

COAL AND NONCOAL MINING ACTIVITY APPLICATIONS

 Applications under the Surface Mining Conservation and Reclamation Act (52 P.S. §§ 1396.1—1396.19a); the Noncoal Surface Mining Conservation and Reclamation Act (52 P.S. §§ 3301—3326); The Clean Streams Law (35 P.S. §§ 691.1—691.1001); the Coal Refuse Disposal Control Act (52 P.S. §§ 30.51—30.66); and The Bituminous Mine Subsidence and Land Conservation Act (52 P.S. §§ 1406.1—1406.20a). Mining activity permits issued in response to such applications will also address the applicable permitting requirements of the following statutes: the Air Pollution Control Act (35 P.S. §§ 4001—4015); the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27); and the Solid Waste Management Act (35 P.S. §§ 6018.101—6018.1003).

 The following permit applications to conduct mining activities have been received by the Department. A copy of the application is available for inspection at the district mining office indicated before each application. Notices of requests for 401 Water Quality Certifications are included in individual application notices, as noted.

 Written comments or objections, or requests for an informal conference, or a public hearing, as applicable, on a mining permit application and request for Section 401 water quality certification application may be submitted by any person or any officer or head of any Federal, state or local government agency or authority to the Department at the address of the district mining office indicated before each application within 30 days of this publication, or within 30 days after the last publication of the applicant's newspaper advertisement as provided by 25 Pa. Code §§ 77.121—77.123 and 86.31—86.34.

 Written comments or objections regarding a mining permit application should contain the name, address and telephone number of persons submitting comments or objections, application number and a statement of sufficient detail to inform the Department on the basis of comment or objection and relevant facts upon which it is based.

 A request for an informal conference or a public hearing, as applicable, on a mining permit application, as provided by 25 Pa. Code § 77.123 or § 86.34, must contain the name, address and telephone number of the requestor; the application number; a brief summary of the issues to be raised by the requestor at the conference; and a statement whether the requestor desires to have the conference conducted in the locality of the proposed mining activities.

 When an NPDES number is listed, the mining activity permit application was accompanied by an application for an individual NPDES permit. A separate notice will be provided after the draft NPDES permit is prepared.

Coal Applications Received

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

30081601 and NPDES No. PA0235792. Coresco, LLC, (103 Corporate Drive, Suite 102, Morgantown, WV 26501). To renew the permit for the Overland Conveyor in Dunkard Township, Greene County and related NPDES permit. No additional discharges. The application was considered administratively complete on August 9, 2016. Application received February 1, 2016.

30841317 and NPDES No. PA0213527. Consol Pennsylvania Coal Company LLC, (1000 Consol Energy Drive, Canonsburg, PA 15317). To revise the permit for the Enlow Fork Mine in Richhill Township, Greene County and related NPDES permit to revise 246 currently permitted underground acreage and subsidence control plan area for longwall mining. No additional discharges. The application was considered administratively complete on August 12, 2016. Application received March 1, 2016.

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

Permit No. 49871603T. Dale Lenig Coal, LLC, (1006 Lower Road, Shamokin, PA 17872), transfer of an existing anthracite coal preparation plant operation from D. Dale Lenig in Little Mahanoy Township, Northumberland County affecting 2.1 acres, receiving stream: Mahanoy Creek, classified for the following use: cold water fishes. Application received: August 2, 2016.

Permit No. 49871603R5 and PAM112055R. Dale Lenig Coal, LLC, (1006 Lower Road, Shamokin, PA 17872), renewal of an existing anthracite coal preparation plant operation in Little Mahanoy Township, Northumberland County affecting 2.1 acres, receiving stream: Mahanoy Creek, classified for the following use: cold water fishes. Application received: August 2, 2016.

Noncoal Applications Received

Effluent Limits—The following effluent limits will apply to NPDES permits issued in conjunction with a noncoal mining permit:

Table 2

30-day Daily Instantaneous
Parameter Average Maximum Maximum
Suspended solids 10 to 35 mg/l 20 to 70 mg/l 25 to 90 mg/l
Alkalinity exceeding acidity*
pH* greater than 6.0; less than 9.0
* The parameter is applicable at all times.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applied to surface runoff resulting from a precipitation event of less than or equal to a 10-year 24-hour event. If coal will be extracted incidental to the extraction of noncoal minerals, at a minimum, the technology-based effluent limitations identified under coal applications will apply to discharges of wastewater to streams.

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

Permit No. 58042806. Douglas G. Kilmer, (4847 State Route 106, Clifford Twp., PA 18470), Stage I & II bond release of a quarry operation in Harford Township, Susquehanna County affecting 3.0 acres on property owned by Larry Mock. Application received: August 3, 2016.

MINING ACTIVITY NPDES DRAFT PERMITS

 This notice provides information about applications for a new, amended or renewed NPDES permits associated with mining activity (coal or noncoal) permits. The applications concern industrial waste (mining) discharges to surface water and discharges of stormwater associated with mining activities. This notice is provided in accordance with 25 Pa. Code Chapters 91 and 92a and 40 CFR Part 122, implementing provisions of The Clean Streams Law (35 P.S. §§ 691.1—691.1001) and the Federal Clean Water Act (33 U.S.C.A. §§ 1251—1376).

 The Department of Environmental Protection (Department) has prepared a draft NPDES permit and made a tentative determination to issue the NPDES permit in conjunction with the associated mining activity permit.

Effluent Limits for Coal Mining Activities

 For coal mining activities, NPDES permits, when issued, will contain effluent limits that are the more stringent of technology-based (BAT) effluent limitations or Water Quality Based Effluent Limits (WQBEL).

 The BAT limits for coal mining activities, as provided in 40 CFR Part 434 and 25 Pa. Code Chapters 87—90 are as follows:

30-Day Daily Instantaneous
Parameter Average Maximum Maximum
Iron (Total) 3.0 mg/l 6.0 mg/l 7.0 mg/l
Manganese (Total) 2.0 mg/l 4.0 mg/l 5.0 mg/l
Suspended solids 35 mg/l 70 mg/l 90 mg/l
pH* greater than 6.0; less than 9.0
Alkalinity greater than acidity*
* The parameter is applicable at all times.

 A settleable solids instantaneous maximum limit of 0.5 ml/l applies to: surface runoff (resulting from a precipitation event of less than or equal to a 10-year 24-hour event) from active mining areas; active areas disturbed by coal refuse disposal activities; mined areas backfilled and revegetated; and all other discharges and drainage (resulting from a precipitation event of greater than 1-year 24-hour to less than or equal to a 10-year 24-hour event) from coal refuse disposal piles. Similarly, modified BAT limits apply to iron, manganese and suspended solids in surface runoff, discharges and drainage resulting from these precipitation events and those of greater magnitude in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

 Exceptions to BAT effluent limits may be applicable in accordance with 25 Pa. Code §§ 87.102, 88.92, 88.187, 88.292, 89.52 and 90.102.

Effluent Limits for Noncoal Mining Activities

 The limits for noncoal mining activities as provided in 25 Pa. Code Chapter 77 are pH 6 to 9 and other parameters the Department may require.

 Discharges from noncoal mines located in some geologic settings (for example, in the coal fields) may require additional water quality based effluent limits. If additional effluent limits are needed for an NPDES permit associated with a noncoal mining permit, then the permit description specifies the parameters.

 In addition to BAT or WQBEL limits, coal and noncoal NPDES permits establish effluent limitations in the form of implemented Best Management Practices (BMPs) identified in the associated Erosion and Sedimentation Plan, the Reclamation Plan and the NPDES permit application. These BMPs restrict the rates and quantities of associated pollutants from being discharged into surface waters in this Commonwealth.

 More restrictive effluent limitations, restrictions on discharge volume or restrictions on the extent of mining that may occur are incorporated into an NPDES permit when necessary for compliance with water quality standards and antidegradation requirements (in accordance with 25 Pa. Code Chapters 91—96).

 The procedures for determining the final effluent limits, using a mass-balance equation or model, are found in Technical Guidance Document 563-2112-115, Developing National Pollutant Discharge Elimination System (NPDES) Permits for Mining Activities. Other specific factors to be considered include public comments and Total Maximum Daily Load(s). Additional discharge limitations may apply in the event that unexpected discharges occur.

 Discharge rates for surface mining activities are precipitation driven. Discharge rates for proposed discharges associated with underground mining are noted in the permit description.

 Persons wishing to comment on an NPDES draft permit should submit a written statement to the Department at the address of the district mining office indicated before each draft permit within 30 days of this public notice. Comments received within the comment period will be considered in the final determinations regarding the NPDES permit applications. Comments must include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based.

 The Department will also accept requests or petitions for a public hearing on NPDES permit applications, as provided in 25 Pa. Code § 92a.82(d). The request or petition for a public hearing shall be filed within 30 days of this public notice and contain the name, address, telephone number and the interest of the party filing the request, and state the reasons why a hearing is warranted. A public hearing may be held if the Department considers the public interest significant. If a hearing is scheduled, a notice of the hearing on the NPDES permit application will be published in the Pennsylvania Bulletin and a newspaper of general circulation within the relevant geographical area. When a public hearing is held, the Department will consider comments from the public hearing in the final determination on the NPDES permit application.

Coal NPDES Draft Permits

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

NPDES No. PA0604852 (Permit No. 10820122). Allegheny Mineral Corporation (P.O. Box 1022, Kittanning, PA 16201) Revision to an existing NPDES permit for a bituminous surface mine in Marion & Mercer Townships, Butler County, affecting 598.6 acres. Receiving streams: Unnamed tributaries to North Branch Slippery Rock Creek and North Branch Slippery Rock Creek, classified for the following uses: CWF. TMDL: None. Application received: July 20, 2016.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 The outfall(s) listed below discharge to unnamed tributaries to North Branch Slippery Rock Creek and North Branch Slippery Rock Creek:

Outfall No.New Outfall (Y/N)
JN
P N
R N
T N
V N
X N
GB N
FB N

 The proposed effluent limits for the above listed outfall(s) are as follows:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
pH1 (S.U.)6.0 9.0
Iron (mg/l) 3.06.07.0
Manganese (mg/l) 2.0 4.05.0
Aluminum (mg/l) 2.04.05.0
Alkalinity greater than acidity1
Total Suspended Solids (mg/l) 35 7090
1 The parameter is applicable at all times.

 The outfall(s) listed below discharge to unnamed tributaries to North Branch Slippery Rock Creek and North Branch Slippery Rock Creek:

Outfall No. New Outfall (Y/N)
A N
B N
C N
D N
E N
F N
G N
H N
Y N
Z N
GH N
BB N
CC Y

 The proposed effluent limits for the above listed outfall(s) are as follows:

30-DayDaily Instant.
Parameter MinimumAverage Maximum Maximum
pH1 (S.U.)6.0 9.0
Iron (mg/l) 7.0
Alkalinity greater than acidity1
Total Settleable Solids (ml/l) 0.5

Moshannon District Mining Office: 186 Enterprise Drive, Philipsburg, PA 16866, 814-342-8200.

NPDES No. PA0269697 (Mining permit no. 17150103), RES Coal, LLC, 224 Grange Hall Road, P.O. Box 228, Armagh, PA 15920, new NPDES permit for bituminous surface coal mine in Sandy Township, Clearfield County affecting 88.9 acres. Receiving stream(s): Sandy Lick Creek and Unnamed Tributaries to Sandy Lick Creek classified for the following use(s): CWF. Application received: January 8, 2016.

 This proposed mine site also contains or is hydrologically connected to substandard discharges for which there is no responsible party. Pursuant to 25 Pa. Code § 87.201, effluent limits for those discharges will be based upon existing baseline pollution load or the standards found at 25 Pa. Code § 87.102(a) Group A, whichever is least stringent.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 The outfall(s) listed below discharge to UNT # 14 to Sandy Lick Creek:

Outfall No. New Outfall (Y/N)
TF-1 Y
SP-A* Y
SP-B* Y

 The proposed effluent limits for the above listed outfall(s) are as follows:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
pH1 (S.U.) 6.0 9.0
Iron (mg/l) 3.0 6.0 7.0*
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) 2.0 2.0 2.0
Alkalinity greater than acidity1
Total Suspended Solids (mg/l) 35.0 70.0 90.0
Total Settleable Solids (ml/l) 0.5*
1 The parameter is applicable at all times.

 The outfall(s) listed below discharge to UNT # 1 to Sandy Lick Creek:

Outfall No. New Outfall (Y/N)
TF-2 Y
TF-3 Y
TF-4 Y
SP-C* Y
SP-D* Y

 The proposed effluent limits for the above listed outfall(s) are as follows:

30-Day Daily Instant.
Parameter Minimum Average Maximum Maximum
pH1 (S.U.) 6.0 9.0
Iron (mg/l) 3.0 6.0 7.0*
Manganese (mg/l) 2.0 4.0 5.0
Aluminum (mg/l) 8.0 8.0 8.0
Alkalinity greater than acidity1
Total Suspended Solids (mg/l) 35.0 70.0 90.0
Total Settleable Solids (ml/l) 0.5*
1 The parameter is applicable at all times.

Noncoal NPDES Draft Permits

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

NPDES No. PA0224456 (Mining permit No. 21050301), JR Zimmerman Enterprises, LLC, 35 Ridge Road, Newville, PA 17241, renewal of an NPDES permit for a shale quarry in North Newton Township, Cumberland County, affecting 33.31 acres. Receiving stream: unnamed tributary to Green Spring Creek, classified for the following use: cold water fishes. Application received: April 25, 2016.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 The treatment outfall listed below discharges to unnamed tributary to Green Spring Creek.

Outfall Nos. New Outfall (Y/N)
001 N
002 N

 The proposed effluent limits for the above listed outfalls are as follows:

Outfalls: 30-Day Daily Instant.
Parameter Average Maximum Maximum
Total Suspended Solids (mg/l) 35.0 70.0 90.0
pH (S.U.): Must be between 6.0 and 9.0 standard units at all times
Alkalinity must exceed acidity at all times

NPDES No. PA0223735. (Mining permit No. 28960301), New Enterprise Stone and Lime Company, Inc., 3912 Brumbaugh Road, P.O. Box 77, New Enterprise, PA 16664-0077, renewal of an NPDES permit in Fannett Township, Franklin County, affecting 40.8 acres. Receiving stream: Unnamed tributary to Dry Run, classified for the following use: cold water fishes. Application received: June 22, 2016.

 Unless otherwise noted for a specific outfall, the proposed effluent limits for all outfalls in this permit are the BAT limits described above for coal mining activities.

 The treatment outfall listed below discharges to an unnamed tributary to Dry Run.

Outfall Nos. New Outfall (Y/N)
004 N

 The proposed effluent limits for the above listed outfall are as follows:

Outfall: 004 30-Day Daily Instant.
Parameter Average Maximum Maximum
Total Suspended Solids (mg/l) 35.0 70.0 90.0
pH (S.U.): Must be between 6.0 and 9.0 standard units at all times
Alkalinity must exceed acidity at all times

FEDERAL WATER POLLUTION CONTROL ACT, SECTION 401

 The following permit applications, requests for Environmental Assessment approval and requests for 401 Water Quality Certification have been received by the Department. Section 401 of the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A. § 1341) requires the Commonwealth to certify that the involved projects will not violate the sections 301—303, 306 and 307 of the FWPCA (33 U.S.C.A. §§ 1311—1313, 1316 and 1317) as well as relevant State requirements. Persons objecting to approval of a request for certification under section 401 of the FWPCA, the issuance of a Dam Permit or Water Obstruction and Encroachment Permit or the approval of an Environmental Assessment shall submit comments, suggestions or objections within 30 days of the date of this notice as well as any questions to the office noted before an application. Comments should contain the name, address and telephone number of the person commenting, identification of the certification request to which the comments or objections are addressed and a concise statement of comments, objections or suggestions including the relevant facts upon which they are based.

 The Department may conduct a fact-finding hearing or an informal conference in response to comments if deemed necessary. Each individual will be notified, in writing, of the time and place of a scheduled hearing or conference concerning the certification request to which the comment, objection or suggestion relates. Maps, drawings and other data pertinent to the certification request are available for inspection between 8 a.m. and 4 p.m. on working days at the office noted before the application.

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


Applications Received under the Dam Safety and Encroachments Act (32 P.S. §§ 693.1—693.27) and section 302 of the Flood Plain Management Act (32 P.S. § 679.302) and Requests for Certification under section 401(a) of the FWPCA.

WATER OBSTRUCTIONS AND ENCROACHMENTS

Southcentral Region: Waterways & Wetlands Program, 909 Elmerton Avenue, Harrisburg, PA 17110, Ed Muzic, Section Chief, 717.705.4802.

E07-463: PennDOT Engineering District 9-0, Engineering District 9-0, 1620 North Juniata Street, Hollidaysburg, PA 16648-108 in Frankstown Township, Blair County, U.S. Army Corps of Engineers Baltimore District.

 To

 (1) widen and construct roadway improvements alone 1-mile of SR 2022 and SR 1011 between (40° 28` 17.45", -78° 17` 3.93") and (40° 28` 30.09", -78° 16` 23.83") in and along the floodway and floodplain of Canoe Creek (HQ-CWF, MF),

 (2) relocate 621-linear feet of UNT Canoe Creek (HQ-CWF, MF),

 (3) remove existing culvert and install and maintain a 113-linear foot 8-foot × 6-foot box culvert with baffles, 1 foot uniform depression and R-7 scour protection in UNT Canoe Creek (HQ-CWF, MF),

 (4) remove existing culvert and install and maintain a 66-linear foot 8-foot × 6-foot box culvert with baffles, 1 foot uniform depression and R-7 scour protection in UNT Canoe Creek (HQ-CWF, MF),

 (5) remove existing bridge and install and maintain a 76-foot × 56-foot 9.75-inch bridge over Canoe Creek (HQ-CWF, MF),

 (6) remove existing culvert and install and maintain a 93 linear foot 42-inch diameter culvert with 6-inch uniform depression in UNT Frankstown Brach Juniata River (WWF, MF),

 (7) install six (6) 15 or 18 inch diameter outfalls to UNT Canoe Creek (HQ-CWF, MF),

 (8) install one (1) temporary 18-inch diameter outfall to UNT Canoe Creek (HQ-CWF, MF),

 (9) remove two (2) outfall to UNT Canoe Creek (HQ-CWF, MF),

 (10) install one (1) 18-inch diameter outfall to Canoe Creek (HQ-CWF, MF),

 (11) install six (6) 15 or 18 inch diameter outfalls to UNT Frankstown Brach Juniata River (WWF, MF),

 (12) remove one (1) outfall to UNT Frankstown Brach Juniata River (WWF, MF),

 (13) install four (4) 18 inch diameter outfalls to Frankstown Brach Juniata River (WWF, MF),

 (14) install two (2) temporary causeway during construction in Canoe Creek (HQ-CWF, MF),

 (15) install a 24-inch diameter and 42-inch diameter culvert for two temporary stream crossings in UNT Canoe Creek (HQ-CWF, MF),

 (16) place 1,275 cubic yards of fill within the floodway of UNT Canoe Creek (HQ-CWF, MF),

 (17) place 280 cubic yards if dukk within the floodway if UNT Frankstown Brach Juniata River (WWF, MF),

 (18) one (1) 6-inch utility crossing of UNT Canoe Creek (HQ-CWF, MF),

 (19) one (1) 6-inch utility crossing of Canoe Creek (HQ-CWF, MF) and,

 (20) permanently impact 0.02 acre of Exceptional Value (EV) PEM and PSS wetlands and temporarily impact 0.02 acre of EV PEM wetlands, 0.01 acre of EV PSS wetlands, and 0.05 acre of EV PEM/PSS/PFO wetlands, for the purpose of improving transportation safety and roadway standards. A total of 315 linear feet of compensatory stream mitigation in Mary Anns Creek (HQ-CWF, MF) located in Canoe Creek State Park.

Southwest Region: Waterways & Wetlands Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745.

E02-1738, Glasso Development Company, LP, 4201 Cohasset Lane, Allison Park, PA 15101, West Deer Township, Allegheny County, Pittsburgh ACOE District.

 The applicant is proposing to:

 1. Construct and maintain a 167 LF, 48 in-HDPE culvert in an Unnamed Tributary (UNT) to Deer Creek.

 2. Place and maintain fill within 0.11 acre of PEM wetlands (aka WL-1).

 3. Place and maintain multiple utility line crossings across the aforementioned UNT and wetland under a GP05.

 For the purpose of developing a residential community located near the intersection of McIntyre Road and Shadow Circle, (Quadrangle: Valencia, PA, Latitude: 40° 37` 40"; Longitude: -79° 54` 46") in West Deer Township, Allegheny County. The permanent impacts will be off-set with on-site stream and wetland mitigation.

E04-001-A2, FirstEnergy Generation, LLC, 341 White Pond Drive, State Route 3016, Akron, OH 44320, Shippingport Borough, Beaver County, Pittsburgh ACOE District.

 The applicant is proposing to:

 Amend Permit No. E04-001-A1 which authorized the applicant to:

 1.) Construct and maintain a 29` diameter, steel sheet coffer mooring cell.

 2.) Construct and maintain a portion of a conveyor system, in the floodplain.

 To: construct and maintain three (3) 10` × 10` anchor structures consisting of four (4) pipe pilings at each corner of the structure impacting 60 ft2 of riverbed, at Mile Marker 35 on the Ohio River.

 For the purpose of adding additional mooring barges to the existing Bruce Mansfield Plant, which is located at (USGS Hookstown, PA Quadrangle; Latitude: 40° 37` 50.9"; Longitude: -80° 25` 31.6") located at 128 Ferry Hill Road, Shippingport, PA 15077.

E63-689, A&S Landscaping, 2150 Washington Rd, Canonsburg, PA 15317, Canonsburg Borough, Washington County, Pittsburgh ACOE District.

 The applicant is proposing to:

 Place and maintain approximately 0.3 acre of fill in the floodway with a 6` embankment having a 2:1 slope, running parallel to the Army Corps of Engineers flood protection project along Chartiers Creek for approximately 315 linear feet. The project is located on the A&S Strabane site in Canonsburg, Washington. (Canonsburg USGS Topographic Quadrangle, Latitude: 40° 15` 20.9"; Longitude: -80° 11` 48.9"; Sub-basin 20F; Pittsburgh Corps District), in Canonsburg Borough, Washington County. This project will impact only the floodway of Chartiers Creek (WWF), no direct stream impacts are proposed.

SPECIAL NOTICES

Proposed State Water Quality Certification Required by Section 401 of the Federal Clean Water Act for the PennEast Pipeline Company, LLC, PennEast Pipeline Project

Northeast Region: Waterways & Wetlands Program, 2 Public Square, Wilkes-Barre, PA 18711, Joseph Buczynski, 570-826-2511.

WQ02-005, PennEast Pipeline Company, LLC (Applicant), 1 Meridian Boulevard, Suite 2C01, Wyomissing, PA 19610, PennEast Pipeline Project (Project), in Dallas, Kingston, Jenkins, Plains and Bear Creek Townships, West Wyoming, Wyoming and Laflin Boroughs, Luzerne County, Kidder, Penn Forest, Towamensing and Lower Towamensing Townships, Carbon County, Lehigh, Moore, East Allen, Upper Nazareth, Lower Nazareth, Bethlehem, Lower Saucon, and Williams Townships, and Easton City, Northampton County, and Durham and Rieglesville Townships, Bucks County, Philadelphia and Baltimore District Corps of Engineers. The proposed project starts at a point at the Wyoming Pipeline Interconnect of the Energy Transfer Partners, L.P. pipeline (Kingston, PA Quadrangle N: 41°20`48.16", W: 75°56`43.42") and ends at a point under the Delaware River as it enters New Jersey (Rieglesville, PA Quadrangle N: 40°35`2.28", W: 75°11`35.43").

 On September 24, 2015, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) under Section 7 of the Natural Gas Act (15 U.S.C. § 717f) seeking a Certificate of Public Convenience and Necessity to construct and operate its Project (FERC Docket No. CP 15-558-000). The FERC Environmental Assessment for the Project, when available, may be viewed on FERC's website at www.ferc.gov (search eLibrary; Docket Search; CP 15-558-000).

 On February 9, 2016, Applicant requested a state water quality certification from the Department of Environmental Protection (Department), as required by Section 401 of the Clean Water Act (33 U.S.C. § 1341), to ensure that the construction, operation and maintenance of the Project will protect water quality in Pennsylvania through compliance with State water quality standards and associated State law requirements, which are consistent with the requirements of the Clean Water Act.

 The Project, as proposed, includes an approximately 77.4 mile long, 36-inch pipeline for the purpose of transporting natural gas from a point at the Wyoming Pipeline Interconnect of the Energy Transfer Partners, L.P. pipeline to a point under the Delaware River as it enters New Jersey. The project also includes an approximate 2.1 mile long lateral, known as the Hellertown lateral consisting of 24 inch pipeline The Project, as proposed, will require approximately 1,574 acres of earth disturbance, and impacts to 15,001 linear feet of Deep Creek (CWF, MF), Mill Creek (CWF, MF), Bear Creek (HQ-CWF, MF), Little Shades Creek (HQ-CWF, MF), Shades Creek (HQ-CWF, MF), Stoney Creek (EV, MF), Wild Creek (EV, MF), Aquashicola Creek (HQ-CWF, MF), Indian Creek (CWF, MF), Hokendaqua Creek (CWF, MF), Monocacy Creek (HQ-CWF, MF), Meadow Run (HQ-CWF, MF), Stoney Run (HQ-CWF, MF), Laurel Run (HQ-CWF, MF), Mud Run (HQ-CWF, MF), Bull Run (CWF, MF), Frya Run (HQ-CWF, MF), Delaware River (WWF) and unnamed tributaries; Trout Brook (CWF, MF), Gardner Creek (CWF, MF), Buckwha Creek (CWF, MF), Yellow Run (EV, MF), Delaware Canal; and UNT's to Abrahams Creek (CWF, MF), Toby Creek (CWF, MF), Little Bear Creek (HQ-CWF, MF), Black Creek (HQ-CWF, MF), Pohopoco Creek (CWF, MF), Hunter Creek (HQ-CWF, MF), East Branch Monocacy Creek (HQ-CWF, MF) and Cooks Creek (EV, MF), Hawk Run (HQ-CWF, MF), and White Oak Run (EV, MF) and the Susquehanna River (CWF, MF); Wild Creek/Beltzville Lake (EV, MF), and Pohopoco Creek/Beltzville Lake (CWF, MF), 35.19 acres of floodway, 43.48 acres of temporary PEM/PSS/PFO wetland impacts, and 7.90 acres of PSS/PFO conversion to PEM impacts.

 The Department anticipates issuing a state water quality certification to Applicant for the Project that will require compliance with the following State water quality permitting programs, criteria and conditions established pursuant to State law to ensure the Project does not violate applicable State water quality standards set forth in 25 Pa. Code Chapter 93:

 1. Discharge Permit—Applicant shall obtain and comply with a Department National Pollutant Discharge Elimination System (NPDES) permit for the discharge of water from the hydrostatic testing of the pipeline pursuant to Pennsylvania's Clean Streams Law (35 P.S. §§ 691.1—691.1001) and all applicable implementing regulations (25 Pa. Code Chapter 92a).

 2. Erosion and Sediment Control Permit—Applicant shall obtain and comply with the Department's Chapter 102 Erosion and Sediment Control General Permit for Earth Disturbance Associated with Oil and Gas Exploration, Production, Processing or Treatment issued pursuant to Pennsylvania's Clean Streams Law and Storm Water Management Act (32 P.S. §§ 680.1—680.17) and all applicable implementing regulations (25 Pa. Code Chapter 102).

 3. Water Obstruction and Encroachment Permits—Applicant shall obtain and comply with a Department Chapter 105 Water Obstruction and Encroachment Permits for the construction, operation and maintenance of all water obstructions and encroachments associated with the project pursuant to Pennsylvania's Clean Streams Law, Dam Safety and Encroachments Act (32 P.S. §§ 673.1—693.27), and Flood Plain Management Act (32 P.S. §§ 679.101—679.601.) and all applicable implementing regulations (25 Pa. Code Chapter 105).

 4. Water Quality Monitoring—The Department retains the right to specify additional studies or monitoring to ensure that the receiving water quality is not adversely impacted by any operational and construction process that may be employed by Applicant.

 5. Operation—Applicant shall at all times properly operate and maintain all Project facilities and systems of treatment and control (and related appurtenances) which are installed to achieve compliance with the terms and conditions of this Certification and all required permits. Proper operation and maintenance includes adequate laboratory controls, appropriate quality assurance procedures, and the operation of backup or auxiliary facilities or similar systems installed by Applicant.

 6. Inspection—The Project, including all relevant records, are subject to inspection at reasonable hours and intervals by an authorized representative of the Department to determine compliance with this State Water Quality Certification, including all required State water quality permits and State water quality standards. A copy of this Certification shall be available for inspection by the Department during such inspections of the Projects.

 7. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project which is affected by this State Water Quality Certification, Applicant shall serve a copy of this Certification upon the prospective transferee of the legal and equitable interest at least thirty (30) days prior to the contemplated transfer and shall simultaneously inform the Department Regional Office of such intent. Notice to the Department shall include a transfer agreement signed by the existing and new owner containing a specific date for transfer of Certification responsibility, coverage, and liability between them.

 8. Correspondence—All correspondence with and submittals to the Department concerning this Certification shall be addressed to the Department of Environmental Protection, Northeast Regional Office, Joseph Buczynski, P.E., Waterways and Wetlands Program Manager, 2 Public Avenue, Wilkes-Barre, PA 18711.

 9. Reservation of Rights—The Department may suspend or revoke this Certification if it determines that Tennessee Gas Pipeline Company, LLC has not complied with the terms and conditions of this Certification. The Department may require additional measures to achieve compliance with applicable law, subject to Applicant's applicable procedural and substantive rights.

 10. Other Laws—Nothing in this Certification shall be construed to preclude the institution of any legal action or relieve Applicant from any responsibilities, liabilities, or penalties established pursuant to any applicable Federal or state law or regulation.

 11. Severability—The provisions of this Certification are severable and should any provision of this Certification be declared invalid or unenforceable, the remainder of the Certification shall not be affected thereby.

 Prior to final action on the proposed section 401 Water Quality Certification, consideration will be given to any comments, suggestions or objections which are submitted in writing within 30 days of this notice. Comments concerning the proposed 401 Water Quality Certification should be directed to Mr. Joseph Buczynski, P.E., Northeast Region Waterways and Wetlands Program Manager at the above address or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD). Comments must be submitted in writing and contain the name, address and telephone number of the person commenting and a concise statement of comments, objections or suggestions on this proposal. No comments submitted by facsimile will be accepted. The Department will consider all relevant and timely comments received. Comments must be submitted within 30 days of this notice.

DAM SAFETY

Central Office: Bureau of Waterways Engineering and Wetlands, Rachel Carson State Office Building, Floor 2, 400 Market Street, P.O. Box 8460, Harrisburg, PA 17105-8460.

D22-115. Widener University Dam, 3800 Vartan Way, Harrisburg, PA 17106. To modify, operate, and maintain Widener University Dam across a tributary to Black Run (WWF), for the purpose of modifying an existing outlet structure in order to increase impoundment volume and discharge time (Harrisburg East, PA Quadrangle Latitude: 40.3228; Longitude: -76.8542) in Susquehanna Township, Dauphin County.

D45-039. Stillwater Lakes Civic Association, 5144 Hummingbird Drive, Pocono Summit, PA 18346. Stillwater Lakes Civic Association is proposing to modify, operate, and maintain Summit Lake No. 1 Dam across Red Run (HQ-CWF) for the purpose of recreation. The existing spillway will be upgraded to address deficiencies.

 (Pocono Pines, PA Quadrangle Latitude: 41.119, Longitude: -75.392) Coolbaugh Township, Monroe County.

D52-015. Pennsylvania Department of Conservation and Natural Resources, Rachel Carson State Office Building, 400 Market Street, P.O. Box 8767, Harrisburg, PA 17105-8767. To modify, operate, and maintain Pecks Pond Dam across Bush Kill Creek (EV, MF), impacting 0.10 acre of wetlands (scrub-shrub/forested) and 0 feet of stream and providing 0.10 acre of wetland mitigation, for the purpose of rehabilitating an existing, recreational, dam to comply with the Commonwealth's regulations (Milford, PA Quadrangle Latitude: 41.2808°N; Longitude: 75.0869°W) in Porter Township, Pike County.

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