7246 NOTICES nated with petroleum products. The report did not dem- onstrate attainment of site-specific standards and was SPECIAL NOTICES disapproved by the DEP on December 7, 2020. WATER MANAGEMENT Northeast Region: Environmental Cleanup & Brown- FEDERAL WATER POLLUTION CONTROL ACT fields Program Manager, 2 Public Square, Wilkes-Barre, SECTION 401 PA 18701-1915, 570-826-2511. PUBLIC NOTICE OF FINAL STATE WATER Contact: Eric Supey, Environmental Program Man- QUALITY CERTIFICATION FOR FERC ager. REGULATED PIPELINE PROJECT Sunoco 0363 5232, Storage Tank ID # 48-24150, 868 State Water Quality Certification Issued by the Nazareth Pike, Nazareth, PA 18064, Lower Nazareth Commonwealth of Pennsylvania, Department of Township, Northampton County. EnviroTrac, 176 Environmental Protection Pursuant to Section Thorn Hill Road, Warrendale, PA 15086, on behalf of 401 of the Clean Water Act for the FM 100 Project. Evergreen Resources, LLC, 2 Righter Parkway, Suite 120, Wilmington, DE 19803, has submitted a combined Reme- Regional Permit Coordination Office: 400 Market dial Action Plan and Remedial Action Completion Report Street, Harrisburg, PA 17101, Email: RA-EPREGIONAL concerning remediation of soil and groundwater contami- [email protected]. nated with gasoline. The report demonstrated attainment WQ0083219-002, National Fuel Gas Supply Corpo- of a combination of Site Specific and Statewide Health ration, 1100 State Street, Erie, PA 16512. FM 100 Standards and was approved by DEP on December 2, Project (Project), in Cameron, Clearfield, Clinton, Elk, 2020. McKean, and Potter Counties, Baltimore and Pitts- burgh Corps Districts. The proposed project involves Salisbury Township School District Bus Garage, modernization of a portion of the existing pipeline system, Storage Tank ID # 39-07828, 1700 Gaskill Avenue, Allen- and abandonment of aging infrastructure. The moderniza- town, PA 18103, Salisbury Township, Lehigh County. tion portion of the project starts in Sergeant Township, Aquaterra Technologies, 901 South Bolmar Street, Suite McKean County (Latitude: 41.70265°; Longitude: A, West Chester, PA 19382, on behalf of Salisbury Town- -78.500103°) and ends in Allegany Township, Potter ship School District, 1140 Salisbury Road, Allentown, PA County (Latitude: 41.886014°; Longitude: -77.950358°). 18103, has submitted a combined Remedial Action Plan The abandonment portion of the project starts in Huston and Remedial Action Completion Report concerning Township, Clearfield County (Latitude: 41.219814°; Longi- remediation of soil and groundwater contaminated with tude: -78.559042°) and ends in Portage Township, Potter gasoline. The report demonstrated attainment of Site County (Latitude: 41.589831°; Longitude: -78.058392°). Specific Standards and was approved by DEP on Decem- ber 4, 2020. On July 18, 2019, Applicant filed an application with the Federal Energy Regulatory Commission (FERC) un- Southcentral Region: Environmental Cleanup & Brown- der Section 7 of the Natural Gas Act (15 U.S.C.A. § 717f) fields Program, 909 Elmerton Avenue, Harrisburg, PA seeking a certificate of public convenience and necessity 17110, 717-705-4705. to construct and operate its Project (FERC Docket No. CP19-491-000). The FERC Environmental Assessment for Contact: Cherie Campbell, Soil Scientist. the Project, which was issued on February 7, 2020, may be viewed on FERC’s website at www.ferc.gov (search Martin Paving, Storage Tank Facility ID # 36-61945, eLibrary; Docket Search; CP19-491-000). 531 East 28th Division Highway, Lititz, PA 17543, Eliza- beth Township, Lancaster County. Crawford Environ- On November 21, 2019, Applicant requested a state mental Services, LLC, 20 Cardinal Drive, Birdsboro, PA water quality certification (SWQC) from the Pennsylvania 19508, on behalf of Martin Paving, Inc., 531 East 28th Department of Environmental Protection (PADEP), as Division Highway, Lititz, PA 17543 submitted a Remedial required by Section 401 of the Clean Water Act Action Plan concerning remediation of soil contaminated (33 U.S.C.A. § 1341), to ensure that the construction, with petroleum. The Remedial Action Plan was acceptable operation and maintenance of the Project will protect to meet the Nonresidential Statewide Health Standard water quality in Pennsylvania consistent with the re- and was approved by DEP on December 10, 2020. quirements of State law and the Clean Water Act. Applicant is proposing the installation and mainte- Northcentral Region: Environmental Cleanup & Brown- nance of an approximately 29.5-mile-long, 20-inch diam- fields Program, 208 West Third Street, Suite 101, eter pipeline (Line YM58), a 0.4 mile 12-inch diameter Williamsport, PA 17701, 570-327-3636. pipeline (extension of existing Line KL), and a 1.4-mile- long 24-inch diameter pipeline loop (YM 224) and appur- Contact: Randy Farmerie, Environmental Program tenant facilities in various municipalities within Clinton Manager. County, McKean County and Potter County for the pur- pose of transportation of natural gas. Applicant is also Curwensville Tire, Storage Tank Facility ID proposing to abandon in place approximately 44.9 miles of # 17-71861, 222 Filbert Street, Curwensville, PA 16833, 12-inch diameter steel natural gas pipeline and appurte- Pike Township, Clearfield County. Tetra Tech, on behalf nant facilities in various municipalities within Cameron of Mr. John F. Tressler, Jr., 5817 Nittany Valley Road, County, Clearfield County, Elk County and Potter County. Lamar, PA 16848, submitted a Remedial Action Comple- The Project, as proposed, will require approximately 555.8 tion Report Addendum concerning remediation of soil acres of earth disturbance, and the following impacts to contaminated with unleaded gasoline. The Remedial Ac- streams, floodways, and wetlands: tion Completion Report demonstrated attainment of the Site-Specific Standard and was approved by DEP on Cameron County: 1.32 acres of floodway impacts to November 9, 2020. Driftwood Branch Sinnemahoning Creek (TSF, MF) and

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Bennett Branch Sinnemahoning Creek (WWF, MF); 0.02 25 Pa. Code Chapter 92a (relating to NPDES permitting, acre of temporary impacts to PSS wetlands. monitoring and compliance), and all other applicable regulations. Clearfield County: 1.68 acres of floodway impacts to Bennett Branch Sinnemahoning Creek (CWF, MF), Tribu- 2. Erosion and Sediment Control and Stormwater Man- taries to Bennett Branch Sinnemahoning Creek (CWF, agement—All projects proposing earth disturbance must MF), Laurel Run (HQ-CWF, MF); 0.22 acre of temporary implement best management practices (BMPs) to protect impacts to PEM and PSS wetlands. and maintain water quality pursuant to Pennsylvania’s Clean Streams Law (35 P.S. §§ 691.1—691.1001) and Elk County: 5 feet of temporary impacts Medix Run Storm Water Management Act (32 P.S. §§ 680.1—680.17), (HQ-CWF, MF) and a tributary to Medix Run (HQ-CWF, 25 Pa. Code Chapter 102 (relating to erosion and sedi- MF); 0.05 acre of floodway impacts; 0.11 acres of tempo- ment control), and all other applicable regulations. Appli- rary impacts to PEM wetlands. cant shall obtain and comply with an Erosion and McKean County: total of 1,062 feet of impacts to Sediment Control Permit(s) for earth disturbance associ- Tributaries to Wernway Hollow (HQ-CWF, MF), Tributary ated with the Project as provided in 25 Pa. Code § 102.5. to Browns Mill Hollow Run (HQ-CWF), Robbins Brook 3. Water Obstruction and Encroachment Permits— and tributaries thereof (HQ-CWF), Donley Fork (HQ- Applicant shall obtain and comply with a Water Obstruc- CWF), Potato Creek (TSF), tributaries to Potato Creek tion and Encroachment Permit(s) for the construction, (CWF), Coalbed Hollow (HQ-CWF), Bemis Hollow (HQ- operation and maintenance of all stream and wetland CWF) and tributaries thereof, Allegheny Portage Creek crossings associated with the Project pursuant to Penn- (CWF) and tributaries thereof, Allegheny River (CWF) sylvania’s Clean Streams Law, Dam Safety and Encroach- and tributaries thereof, Tributary to Benson Hollow ments Act (32 P.S. §§ 693.1—693.27), and Flood Plain (CWF), Coleman Creek (CWF) and tributaries thereof, Management Act (32 P.S. §§ 679.101—679.601), Tributary to Jordan Hollow (CWF), Tributaries to Red 25 Pa. Code Chapter 105 (relating to dam safety and Mill Brook (CWF), Tributaries to Irons Hollow (CWF), waterway management), 25 Pa. Code Chapter 106 (relat- Tributaries to Robbins Brook (HQ-CWF), Tributaries to ing to floodplain management), and all other applicable Walcott Brook (CWF), Tributary to Fishing Creek (CWF), regulations. Tributaries to Warner Brook (HQ-CWF); 21.113 acres of floodway impacts; 13.783 acres of temporary impacts to 4. Other Water Quality Requirements—Applicant shall PEM, PSS and PFO wetlands; and 1.744 acres of perma- obtain any other permits, authorizations or approvals nent impacts to PEM, PSS and PFO wetlands. required to construct, operate, and maintain the Project from any interstate or international agency as required Potter County: total 282 feet of impacts to Jordan by an interstate compact or international agreement that Hollow (CWF) and tributaries thereof, Ernst Hollow has established water quality standards applicable to (CWF), Sartwell Creek (CWF) and tributaries thereof, surface waters of this Commonwealth, including wet- Baker Hollow (CWF), Fishing Creek (CWF) and tributar- lands. ies thereof, East Branch Fishing Creek (HQ-CWF) and 5. Water Quality Monitoring—PADEP retains the right tributary thereof, Whitney Creek (EV) and tributaries to specify additional studies or monitoring to ensure that thereof, 4.113 acres of floodway impacts; 1.087 acres of water quality in the receiving waters associated with the temporary impacts to PEM, PSS and PFO wetlands; and Project is not adversely impacted by any operational and 0.139 acre of permanent impacts to PEM. PSS, and PFO construction process that may be employed by Applicant. wetlands. 6. Operation—At all times, Applicant shall properly PADEP published notice of its proposed SWQC in the operate and maintain all Project facilities and systems of Pennsylvania Bulletin on April 18, 2020 (50 Pa.B. 2082) treatment and control (and related appurtenances) in- and received one comment letter from one public entity. stalled to achieve compliance with the terms and condi- PADEP has reviewed, evaluated, and carefully considered tions of this SWQC and all required permits, authoriza- the comments received during the review of the water tions and approvals. Proper operation and maintenance quality certification request. The comments did not result includes adequate laboratory controls, appropriate quality in substantive changes to the final certification. assurance procedures, and the operation of backup or PADEP certifies that the construction, operation and auxiliary facilities or similar systems installed by Appli- maintenance of the Project complies with the applicable cant. provisions of sections 301—303, 306 and 307 of the 7. Inspection—The Project, including all relevant re- Federal Clean Water Act (33 U.S.C.A. 1311—1313, 1316 cords, are subject to inspection at reasonable hours and and 1317). The PADEP further certifies that the construc- intervals by an authorized representative of PADEP or tion, operation and maintenance of the Project complies the delegated County Conservation District to determine with Pennsylvania water quality standards and that the compliance with this SWQC, including all permits, autho- construction, operation and maintenance of the Project rizations or approvals issued to ensure the project shall will maintain and protect applicable Commonwealth wa- maintain and protect state water quality standards as ter quality standards provided that the construction, required by this SWQC. The Applicant shall provide a operation and maintenance of the project complies with copy of this SWQC to an authorized representative the following PADEP water quality permitting programs, conducting an inspection of the Project. criteria and conditions established pursuant to Pennsyl- vania law: 8. Transfer of Projects—If Applicant intends to transfer any legal or equitable interest in the Project or any 1. Discharge of Hydrostatic Test Water—Applicant shall portion(s) thereof, the Applicant shall provide a copy of obtain and comply with a National Pollutant Discharge this SWQC and copies of any permits, authorizations or Elimination System (NPDES) permit(s) for the discharge approvals obtained to comply with the SWQC upon the of water from the hydrostatic testing of the pipeline prospective transferee of the legal and equitable interest associated with the Project pursuant to Pennsylvania’s at least thirty (30) days prior to the contemplated trans- Clean Streams Law (35 P.S. §§ 691.1—691.1001), fer and shall simultaneously inform the appropriate

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PADEP Office of such intent. Notice to PADEP shall 1376), as amended by the Vessel Incidental Discharge Act include a transfer agreement signed by the existing and (VIDA) of 2018, to establish National performance stan- new owners containing a specific date for transfer of dards for discharges incidental to the normal operation of responsibility, coverage, and liability under the SWQC primarily commercial vessels (85 FR 67818 (October 26, and any permits, authorizations and approvals obtained 2020)). The proposed rule would establish National stan- to comply with the SWQC. The new owner shall submit to dards for primarily nonmilitary and nonrecreational ves- PADEP a new application form for the SWQC and any sels 79 feet in length and above, into the waters of the permits, authorizations and approvals required to comply United States or the waters of the contiguous zone. The with the SWQC signed by the new owner. proposed National standards of performance were devel- 9. Correspondence—All correspondence with and sub- oped in coordination with the United States Coast Guard mittals to PADEP concerning this SWQC shall be ad- (USCG). The EPA contends that the proposed standards, dressed to the Department of Environmental Protection, once finalized and implemented through corresponding Regional Permit Coordination Office, Domenic Rocco, PE, USCG regulations addressing implementation, compliance Director, 400 Market Street, Harrisburg, PA 17101, RA- and enforcement, would reduce the discharge of pollu- [email protected]. tants from vessels and streamline the current patchwork of Federal, state and local vessel discharge requirements. 10. Reservation of Rights—PADEP may modify, sus- pend or revoke this SWQC if (i) PADEP becomes aware of Additionally, the EPA is proposing procedures for states new facts about the Project that warrant such action; or to follow if they choose to petition the EPA to issue an (ii) PADEP determines that the Applicant has not com- emergency order, to review any standard of performance, plied with the terms and conditions of this SWQC. regulation or policy, to request additional requirements PADEP may require additional measures to achieve com- with respect to discharges in the Great Lakes, or to apply pliance with any applicable law or regulation. to the EPA to prohibit one or more types of vessel discharges proposed for regulation in the rulemaking into 11. Other Laws—Nothing in this SWQC shall be con- specified waters to provide greater environmental protec- strued to preclude the institution of any legal action or to tion. The proposed rule would establish general and relieve Applicant from any responsibilities, liabilities, or specific technology-based discharge standards of perfor- penalties established pursuant to any applicable law or mance for approximately 82,000 domestic and interna- regulation. tional nonmilitary, nonrecreational vessels operating in 12. Severability—The provisions of this SWQC are sev- the waters of the United States or the waters of the erable and should any provision of this SWQC be declared contiguous zone. Discharges from commercial vessels invalid or unenforceable, the remainder of the SWQC have been regulated under section 402 of the CWA shall not be affected thereby. (33 U.S.C.A. § 1342) regarding the National Pollutant Discharge Elimination System permitting regime through Any person aggrieved by this action may file a petition the 2013 Vessel General Permit (VGP). for review pursuant to Section 19(d) of the Federal Natural Gas Act, 15 U.S.C.A. § 717r(d), with the Office of The VIDA is intended to transfer authority for estab- the Clerk, United States Court of Appeals for the Third lishing discharge requirements for commercial vessels Circuit, 21400 U.S. Courthouse, 601 Market Street, Phila- from the VGP permitting program to the new uniform delphia, PA 19106-1790 as provided by law. This para- national regulation-based program under section 312(p) of graph does not, in and of itself, create a right of appeal the CWA (33 U.S.C.A. § 1322(p)). With certain exceptions, beyond that permitted by applicable statutes and deci- VIDA requires that the proposed standards be at least as sional law. Important legal rights are at stake, so you stringent as the general requirements contained in the should show this document to a lawyer promptly. 2013 VGP. Section 312(p) of the CWA, captioned ‘‘uniform [Pa.B. Doc. No. 20-1779. Filed for public inspection December 18, 2020, 9:00 a.m.] national standards for discharges incidental to normal operation of vessels,’’ directs the EPA to promulgate performance standards that apply consistently throughout the country to the regulated vessel discharges covered by the proposed VIDA rule. Among Congress’ purposes in enacting the VIDA is to provide for uniform, environmen- DEPARTMENT OF tally sound standards and requirements for the manage- ment of discharges. The approach does not allow for ENVIRONMENTAL PROTECTION state-specific distinctions in the development of the technology-based standards. The EPA has further deter- Federal Consistency Under the Coastal Zone Man- mined that the proposed rule is a de minimis Federal agement Act; National Performance Standards activity because the requirements in the proposed rule for Discharges Incidental to the Normal Opera- are not significantly different than those established tion of a Commercial Vessel under the 2013 VGP. Vessels are already required to meet the requirements of the 2013 VGP, and the EPA expects This notice is published under section 306(d)(14) of the that the proposed changes in the rule from the VGP Federal Coastal Zone Management Act of 1972 (CZMA) requirements will not generate significant, new or differ- (16 U.S.C.A. § 1455(d)(14)), regarding public participation ent coastal effects. The EPA expects that any direct or during consistency determinations. The Department of indirect coastal effects resulting from the proposed rule Environmental Protection (Department), Coastal Re- will be environmentally beneficial. sources Management Program has received notice that the United States Environmental Protection Agency This activity is subject to Department review for Fed- (EPA) is proposing National performance standards for eral consistency because it is a Federal agency activity discharges incidental to the normal operation of a com- and will have reasonably foreseeable effects on the Com- mercial vessel. monwealth’s coastal resources or uses. On October 26, 2020, the EPA proposed regulations In accordance with section 307 of the CZMA under the Clean Water Act (CWA) (33 U.S.C.A. §§ 1251— (16 U.S.C.A. § 1456) and the National Oceanic and

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