July 10, 1999 (Pages 3609-3700)

Pennsylvania Bulletin Volume 29 (1999) Repository

7-10-1999

Pennsylvania Legislative Reference Bureau

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Recommended Citation Pennsylvania Legislative Reference Bureau, "July 10, 1999 (Pages 3609-3700)" (1999). Volume 29 (1999). 28. https://digitalcommons.law.villanova.edu/pabulletin_1999/28

This July is brought to you for free and open access by the Pennsylvania Bulletin Repository at Villanova University Charles Widger School of Law Digital Repository. It has been accepted for inclusion in Volume 29 (1999) by an authorized administrator of Villanova University Charles Widger School of Law Digital Repository. PENNSYLVANIA BULLETIN Volume 29 Number 28 Saturday, July 10, 1999 • Harrisburg, Pa. Pages 3609—3700

Agencies in this issue: The Governor The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Education Department of Environmental Protection Department of General Services Department of Health Department of Public Welfare Department of Transportation Executive Board Fish and Boat Commission Governor’s Office Independent Regulatory Review Commission Insurance Department Liquor Control Board Pennsylvania Industrial Development Authority Pennsylvania Public Utility Commission Detailed list of contents appears inside.

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No. 296, July 1999

published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Postmaster send address changes to: Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 2340 800 W. Church Rd. (800) 334-1429 ext. 2340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 2340 (toll free, in State)

Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 3611 Contents THE GOVERNOR DEPARTMENT OF GENERAL SERVICES Concurrent legislative jurisdiction: Notices Defense Personnel Support Center, Philadelphia, Contract awards ...... 3699 PA...... 3619 State contracts information...... 3692 Letterkenny Army Depot, Franklin County, PA . . . 3619 DEPARTMENT OF HEALTH Notices THE COURTS Renal Disease Advisory Committee public meeting . . 3676 DEPARTMENT OF PUBLIC WELFARE DISCIPLINARY BOARD OF THE SUPREME COURT Notice of disbarment ...... 3625 Notices Federal Poverty Income Guidelines for 1999 ...... 3676 JUVENILE RULES Office of Medical Assistance Programs; fee increase Statements of Policy for selected dental services ...... 3677 Standards governing the qualifications and training DEPARTMENT OF TRANSPORTATION of court-appointed special advocates...... 3633 Notices LOCAL COURT RULES Bureau of Equal Opportunity; DBE goal setting ....3679 Chester County EXECUTIVE BOARD Amendments to civil procedure ...... 3622 Statements of Policy York County Reorganization of the Department of Public Wel- Administrative order establishing duty district jus- fare ...... 3633 tice office, operating procedures for duty office, and procedures for disposing of warrants and FISH AND BOAT COMMISSION other matters after established court business Rules and Regulations hours; no. 99 MI 00225...... 3622 Fishing for bass during spring season ...... 3629 Seasons, sizes and creel limits; warmwater/ coolwater species special conservation waters; big EXECUTIVE AGENCIES bass special regulations ...... 3626 Proposed Rulemaking DEPARTMENT OF AGRICULTURE Panfish enhancement special regulation ...... 3631 Notices Christmas Tree Marketing and Research Program . . 3636 Notices Pennsylvania Agricultural Product Promotion Consideration of changes to special regulation desig- Matching Grant Program; application period .....3636 nations...... 3680 Triploid grass carp permit applications ...... 3681 DEPARTMENT OF BANKING GOVERNOR’S OFFICE Notices Action on applications...... 3636 Notices Notice of public sessions for tobacco settlement .....3681 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT INDEPENDENT REGULATORY REVIEW COMMISSION Notices Consolidated Plan; public meeting and Regional Notices Housing Advisory Committee meetings ...... 3638 Notice of comments issued ...... 3682 Machinery and equipment loan participation and Notice of filing of final rulemakings ...... 3682 interest rates ...... 3638 INSURANCE DEPARTMENT DEPARTMENT OF EDUCATION Notices Notices Appeal of Emanuel L. Sarris, Sr.; order to show Professional Standards and Practices Commission; cause; doc. no. SC98-04-016 ...... 3683 application of Martin Baracca for reinstatement of Review procedure hearings; cancellation or refusal teaching certificate; doc. no. RE-99-01 ...... 3640 of insurance ...... 3683 DEPARTMENT OF ENVIRONMENTAL PROTECTION LIQUOR CONTROL BOARD Notices Notices Applications, actions and special notices...... 3640 Expiration of leases ...... 3683 Availability of technical guidance ...... 3675

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PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3612

PENNSYLVANIA INDUSTRIAL DEVELOPMENT PENNSYLVANIA PUBLIC UTILITY COMMISSION AUTHORITY Notices Notices Requirements for natural gas suppliers—guide- Participation and interest rates...... 3684 lines under Chapter 22 Natural Gas Choice and Competition Act section 2208; doc. no. M-00991248F0002 ...... 3685 Service of notice of motor carrier applications...... 3690

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3613 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organization of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin a Notice of Proposed Rulemaking. for Adopting Rules and a list of annotated cases. There are limited instances where the agency may Source Notes give you the history of the documents. omit the proposal step; they still must publish the To see if there have been recent changes, not yet adopted version. codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.

SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3614

Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.

Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.

Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:

§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3615 List of Pa. Code Chapters Affected

The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 1999.

1 Pa. Code (General Provisions) 5 ...... 399 Adopted Rules 6 ...... 399 101...... 3349 201...... 3349 Proposed Rulemaking 301...... 3349 354...... 3363 303...... 3349 305...... 3349 25 Pa. Code (Environmental Protection) 307...... 3349 Adopted Rules 309...... 3349 109...... 2231 311...... 3349 121...... 1879 313...... 3349 129...... 1879, 1889 315...... 3349 260...... 2367 260a (with correction) ...... 2367, 2576 Proposed Rulemaking 261...... 2367 101...... 980 261a ...... 2367 201...... 980 262...... 2367 301...... 980 262a ...... 2367 303...... 980 263...... 2367 305...... 980 263a ...... 2367 307...... 980 264...... 2367 309...... 980 264a ...... 2367 311...... 980 265...... 2367 313...... 980 265a ...... 2367 315...... 980 266...... 2367 266a ...... 2367 4 Pa. Code (Administration) 266b ...... 2367 Adopted Rules 267...... 2367 5 ...... 2570, 2762 268a ...... 2367 6 ...... 2572 269...... 2367 7 ...... 806, 3066 269a ...... 2367 116...... 3201 270...... 2367 117...... 3205 270a ...... 2367 Proposed Rulemaking Proposed Rulemaking 120b ...... 1719 72...... 979 120c ...... 1721 86...... 548 120d ...... 1717 91...... 2145 92...... 455 Statements of Policy 93...... 455 9 ...... 207, 457, 574, 1230, 2034, 2302, 2681, 3216, 3633 95...... 455 97...... 2145 7 Pa. Code (Agriculture) Proposed Rulemaking 101...... 2145 130c ...... 1496 121...... 1214, 1299 130d ...... 1496 123...... 1214, 1319 151...... 3215 129...... 1299 139...... 1299 Statements of Policy 145...... 1319 137a ...... 3072 261...... 1975 266...... 1975 10 Pa. Code (Banks and Banking) 287...... 1975 Statements of Policy 298...... 1975 21...... 3000 901...... 647 1021 ...... 1074, 1214, 1612 12 Pa. Code (Community and Economic Development) Proposed Statements of Policy 28 Pa. Code (Health and Safety) 31...... 1725 Proposed Rulemaking 4 ...... 2671 Statements of Policy 18...... 820 31...... 2859 911...... 332 912...... 332 22 Pa. Code (Education) 1001 ...... 903 Adopted Rules 1003 ...... 903 3 ...... 399 1005 ...... 903 4 ...... 399 1007 ...... 903

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3616

1009 ...... 903 52 Pa. Code (Public Utilities) 1011...... 903 Adopted Rules 1013 ...... 903 57...... 2667 1015 ...... 903 59...... 2667

31 Pa. Code (Insurance) Proposed Rulemaking Adopted Rules 57...... 2025 84...... 3208 59...... 1515 89...... 172 64...... 2779 125...... 3209 Unclassified ...... 1895

Proposed Rulemaking Statements of Policy 62...... 655 69...... 2034, 2147, 2495 89...... 650 Proposed Statements of Policy Statements of Policy 41...... 1617 38...... 3085 69...... 1617

34 Pa. Code (Labor & Industry) 55 Pa. Code (Public Welfare) Adopted Rules Adopted Rules 121...... 2649 165...... 271 168...... 271 Proposed Rulemaking 183...... 271 123...... 3161 3040 ...... 271 125...... 3161 3130 ...... 3295 129...... 3161 3480 ...... 3513 3490 ...... 3513 37 Pa. Code (Law) 3680 ...... 3295 Proposed Rulemaking 3710 ...... 3295 93...... 1513 95...... 1504 3800 ...... 3295 3810 ...... 3295 49 Pa. Code (Professional and Vocational Standards) 5310 ...... 3295 Adopted Rules 6400 ...... 3295 5 ...... 2294 15...... 2295 Statements of Policy 31...... 1392 1187...... 3218 36...... 1393, 1610 37...... 2857 58 Pa. Code (Recreation) 41...... 2296 Adopted Rules 51...... 3210 Proposed Rulemaking 53...... 1068 11...... 1613 61...... 819, 3626 21...... 2299 63...... ,2298, 3211, 3212, 3629 23...... 2300 65...... 1069, 3210, 3212, 3626 25...... 1613 75...... 819, 3210 27...... 1088 91 (correction) ...... 3213, 3362 31...... 1897 93...... 1068 33...... 1895 109...... 1068 35...... 565 111...... 1070, 3210 37...... 1897 133...... 1071 39...... 662, 2582 139 (with correction) ...... 2454, 2576, 2999 40...... 1615 141...... 2458 41...... 2145 143 (with correction) ...... 2458, 2577 42...... 1896, 3070 145...... 1071 47...... 1897 147...... 1071, 1072

Statements of Policy Proposed Rulemaking 39...... 1617 51...... 1224 61...... 1085 51 Pa. Code (Public Officers) 63...... 205, 822, 823, 1397 Proposed Rulemaking 65...... 823, 1224, 3631 31...... 548 69...... 3369 33...... 548 75...... 1087, 1515 35...... 548 99...... 2680 37...... 548 111...... 1224, 3370 39...... 548 115...... 3370 41...... 548 117...... 2678 43...... 548 131...... 2578 45...... 548 135...... 2578, 2581

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3617

139...... 1225, 1397 Proposed Rulemaking 141...... 1398, 2580 3 ...... 1709, 2766 143...... 1398 5 ...... 2441 9 ...... 2441 61 Pa. Code (Revenue) 15...... 2441 Statements of Policy 21 (with correction) ...... 2441, 2767 94...... 2037 125...... 2037 225 Pa. Code (Rules of Evidence) Adopted Rules 64 Pa. Code (Securities) Unclassified ...... 1712 Adopted Rules 202 (with correction) ...... 202, 547 Proposed Rulemaking 206 (with correction) ...... 202, 547 Article I...... 2262 302 (with correction) ...... 202, 547 Article IV ...... 2263 606 (with correction) ...... 202, 547 Article VI ...... 2262, 2264 609 (with correction) ...... 202, 547 Article VIII...... 2265 610 (with correction) ...... 202, 547 231 Pa. Code (Rules of Civil Procedure) 67 Pa. Code (Transportation) Adopted Rules Adopted Rules 100...... 2266, 2767 175...... 2460, 2577 200...... 449, 2266, 2767, 3189 400...... 2767, 3189, 3191 Proposed Rulemaking 1000 ...... 2266, 2767, 3191 173...... 1612 1300 ...... 2266, 3191 175...... 1612 1500 ...... 2274 1600 ...... 2274 70 Pa. Code (Weights, Measures and Standard) 1650 ...... 2274 1 ...... 2460 1700 ...... 2274 2 ...... 2460 1910 (with correction) ...... 16, 645, 2767, 3191 3 ...... 2460 1930 ...... 2767 4 ...... 2460 2000 ...... 2274 5 ...... 2460 2020 ...... 2274 6 ...... 2460 2054 ...... 2767 7 ...... 2460 2120 ...... 2274 8 ...... 2460 2200 ...... 2274 9 ...... 2460 2220 ...... 2274 10...... 2460 2250 ...... 2274 21...... 2460 2300 ...... 2274, 3191 35...... 2460 2320 ...... 2274 2350 ...... 2274 Statement of Policy 2950 ...... 2767, 3191 39...... 2460 2970 ...... 1715, 2767, 3191 2980 ...... 2274 201 Pa. Code (Rules of Judicial Administration) 3000 ...... 2281, 2767, 3191 Adopted Rules 4000 ...... 1715, 2281, 2767 5 ...... 3189 Part II ...... 327, 329, 1494 7 ...... 2766 50...... 1709 Proposed Rulemaking 200...... 15, 168, 169 204 Pa. Code (Judicial System General Provisions) 400...... 169 Adopted Rules 1910 ...... 1487 71...... 2143, 2855 Part II ...... 1709, 2766 82...... 809 234 Pa. Code (Rules of Criminal Procedure) 91...... 2021 Adopted Rules 215...... 977 50...... 2774, 2776 350...... 3069 Proposed Rulemaking 1100...... 2289, 2777 83...... 2663 Proposed Rulemaking 207 Pa. Code (Judicial Conduct) 1 ...... 1360 Adopted Rules 2 ...... 1360 5 ...... 1487 3 ...... 1360 21...... 645 4 ...... 1360 5 ...... 1360 210 Pa. Code (Appellate Procedure) 6 ...... 1360 Adopted Rules 7 ...... 1360 21...... 544 8 ...... 1360 35...... 544 9 ...... 1360 39...... 1487 10...... 1360 67...... 1360 11...... 1360

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3618

20...... 1360, 2664 246 Pa. Code (Minor Court Civil Rules) 30...... 1360 Adopted Rules 50...... 1360, 1385, 2770 100...... 3198 100...... 1360, 2444 300...... 3198 200...... 1360, 2444 300...... 1360, 2444 249 Pa. Code (Philadelphia Rules) 1100...... 1360, 2444 Unclassified ...... 544, 545, 2964 1400 ...... 1360 1500 ...... 1360 1600 ...... 1360 252 Pa. Code (Allegheny County Rules) 1700 ...... 1360 Unclassified ...... 17, 1387 2000 ...... 1360 4000 ...... 1360 255 Pa. Code (Local Court Rules) 6000 ...... 1360, 2444 Unclassified ...... 19,24, 171, 330, 449, 453, 454, 809, 9000 ...... 1360 977, 978, 1067, 1388, 1389, 1390, 1495, 1853, 1873, 2143, 2575, 2855, 237 Pa. Code (Juvenile Rules) 2995, 2996, 2997, 3069, 3199, 3348, 3622 Statements of Policy 201...... 3633

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3619 THE GOVERNOR Concurrent Legislative Jurisdiction; Defense Per- March 8, 1999 sonnel Support Center, Philadelphia, PA Paul W. Johnson On July 9, 1997, Governor Ridge accepted concurrent Deputy Assistant Secretary of the Army legislative jurisdiction over all of the Defense Personnel Installations Logistics and Environment Support Center in Philadelphia, PA, formerly referred to 110 Army Pentagon as the Philadelphia Quartermaster Depot, under the act Washington, DC 20310-0110 of August 5, 1977, P. L. 181 No. 47, §§ 1-2; 74 P. S. §§ 3-4. Notification that the Governor intended to accept RE: Notice of Acceptance of Concurrent Legislative concurrent legislative jurisdiction on behalf of the Com- Jurisdiction Letterkenny Army Depot, Franklin monwealth was published in the Pennsylvania Bulletin on County, Pennsylvania May 31, 1997. The Governor’s final written acceptance is Dear Deputy Assistant Secretary Johnson: printed in full as follows: I write in response to the Department of Army’s March July 9, 1997 11, 1998 proposal to retrocede concurrent legislative Paul W. Johnson jurisdiction over a portion of the Letterkenny Army Depot Deputy Assistant Secretary of the Army Military Reservation in Franklin County, Pennsylvania. Installation and Housing On behalf of the Commonwealth of Pennsylvania, I am OASA (I, L&E) pleased to accept concurrent legislative jurisdiction over Installations Logistics and Environment the portion of the military reservation that is open to 110 Army Pentagon local traffic pursuant to the act of August 5, 1977, P. L. Washington, D.C. 20310-0110 181 No. 47, §§ 1-2; 74 P. S. §§ 3-4. RE: NOTICE OF ACCEPTANCE With best regards, I remain Request for Concurrent Legislative Jurisdiction, Yours truly, Defense Personnel Support Center, Philadel- phia, Pennsylvania Thomas J. Ridge, Governor Dear Deputy Assistant Secretary Johnson: The metes and bounds description for the property I write in response to the Department of Army’s July within Letterkenny Township over which the Common- 25, 1995 proposal to retrocede concurrent legislative wealth accepted concurrent legislative jurisdiction is as jurisdiction over the premises within the Defense Person- follows: nel Support Center in Philadelphia, Pennsylvania. On All those certain two tracts, or parcels of land situate in behalf of the Commonwealth of Pennsylvania, I am the Commonwealth of Pennsylvania, County of Franklin, pleased to accept concurrent legislative jurisdiction over Township of Letterkenny, being a portion of the Let- this federal enclave pursuant to the Act of August 5, terkenny Army Depot Military Reservation, owned by the 1977, P. L. 191 No. 47, §§ 1-2; 74 P. S. §§ 3-4. United States of America, and more particularly bounded With best regards, I remain and described as follows: Parcel A Yours truly, Beginning at a point on the southerly Letterkenny Thomas J. Ridge, Army Depot Military Reservation boundary, said point Governor being approximately 780 feet offset from and perpendicu- [Pa.B. Doc. No. 99-1083. Filed for public inspection July 9, 1999, 9:00 a.m.] lar to the intersection of the centerlines of Georgia Avenue and South Patrol Road; thence leaving the southerly Military Reservation boundary and crossing said Military Reservation boundary, North 63° 00Ј 08Љ West 72.21 feet to a point on a fence Concurrent Legislative Jurisdiction; Letterkenny line; thence running and binding along said fence line, Army Depot, Franklin County, PA the following courses: North 39° 33Ј 45Љ East 79.99 feet, On March 8, 1999, Governor Ridge accepted concurrent North 25° 49Ј 09Љ East 91.04 feet, legislative jurisdiction over a portion of the Letterkenny North 07° 36Ј 04Љ West 230.35 feet, Army Depot Military Reservation in Franklin County, PA, North 68° 31Ј 05Љ West 23.98 feet, under the act of August 5, 1977, P. L. 181 No. 47, §§ 1-2; North 08° 22Ј 41Љ East 161.49 feet, 74 P. S. §§ 3-4. Notification that the Governor intended to North 26° 11Ј 44Љ East 447.93 feet, accept concurrent legislative jurisdiction on behalf of the North 50° 09Ј 37Љ West 70.60 feet, Commonwealth was published in the Pennsylvania Bulle- North 17° 52Ј 02Љ West 410.48 feet, tin on February 6, 1999. The Governor’s final written North 48° 55Ј 53Љ East 351.98 feet, acceptance is printed in full as follows: North 66° 31Ј 16Љ East 2,186.09 feet,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3620 THE GOVERNOR

North 53° 00Ј 45Љ East 604.27 feet, South 25° 22Ј 59Љ West 55.23 feet, North 52° 55Ј 54Љ East 726.01 feet, South 32° 22Ј 06Љ West 53.71 feet, North 48° 23Ј 21Љ East 39.77 feet, South 41° 00Ј 08Љ West 60.58 feet, North 39° 42Ј 45Љ East 424.92 feet, South 48° 44Ј 37Љ West 77.37 feet; thence leaving said North 76° 13Ј 28Љ East 783.82 feet, westerly side of Tank Road, North 10° 58Ј 28Љ East 165.70 feet, Ј Љ South 32° 30Ј 35Љ West 641.04 feet, North 13° 04 51 East 847.97 feet, Ј Љ North 61° 54Ј 06Љ East 239.83 feet; thence running and South 59° 32 00 East 489.70 feet, South 52° 24Ј 03Љ East 130.20 feet, binding along another fence line which runs west of and Ј Љ parallel to Pennsylvania Avenue, South 30° 40 28 East 48.68 feet, South 56° 54Ј 52Љ East 242.63 feet, South 16° 40Ј 54Љ East 479.94 feet to a point; thence South 70° 29Ј 56Љ East 218.70 feet, leaving said fence line and crossing Pennsylvania Avenue, North 85° 09Ј 04Љ East 265.40 feet, North 76° 41Ј 52Љ East 48.06 feet to a point on the by a curve to the left 533.57 feet, having a radius of easterly side of Pennsylvania Avenue; thence running and 872.89 feet, subtended by a chord North 68° 06Ј 03Љ East binding along the easterly side of Pennsylvania Avenue, 525.30 feet, Ј Љ North 16° 38 53 West 1,626.51 feet to the intersection North 52° 37Ј 17Љ East 121.53 feet, of the easterly side of Pennsylvania and the southerly North 26° 09Ј 34Љ East 72.15 feet, side of Georgia Avenue; thence running and binding along North 51° 12Ј 41Љ East 172.71 feet, the southerly side of Georgia Avenue, the following South 18° 51Ј 17Љ East 104.61 feet, to a point along the courses: westerly side of California Avenue; thence running and North 02° 39Ј 24Љ East 36.57 feet, binding along said westerly side, the following courses: North 28° 50Ј 36Љ East 23.26 feet, Ј Љ Ј Љ South 03° 01 34 East 53.57 feet, North 46° 31 33 East 24.88 feet, South 06° 00Ј 13Љ West 92.55 feet, North 54° 45Ј 27Љ East 52.12 feet, Ј Љ Ј Љ South 05° 36 48 West 66.78 feet, North 62° 15 10 East 484.49 feet, South 17° 30Ј 42Љ West 52.05 feet; thence leaving the by a curve to the left 253.55 feet, having a radius of westerly side of California Avenue, and running north of 161.30 feet, subtended by a chord North 15° 08Ј 20Љ East and parallel to the northerly side of Coffey Avenue, 228.24 feet; thence continuing along said southerly side of Ј Љ Georgia Avenue, North 64° 21 23 East 1,780.38 feet, to another point on the reservation boundary; thence running and binding North 26° 13Ј 42Љ West 33.47 feet, along said reservation boundary, the following course: North 32° 27Ј 15Љ West 226.83 feet, North 63° 54Ј 31Љ East 190.97 feet, by a curve to the right 70.78 feet, having a radius of South 53° 37Ј 23Љ East 189.26 feet, 53.47 feet, subtended by a chord North 19° 14Ј 19Љ East South 08° 52Ј 48Љ West 1,839.65 feet, 65.72 feet, South 03° 25Ј 44Љ West 1,902.23 feet, Ј Љ North 62° 42Ј 45Љ East 3,592.39 feet, South 08° 26 33 West 658.62 feet, Ј Љ North 49° 15Ј 38Љ East 301.41 feet, South 23° 36 23 West 2,481.18 feet, Ј Љ North 57° 26Ј 26Љ East 80.63 feet, North 63° 38 48 West 5,332.34 feet, Ј Љ North 63° 50Ј 58Љ East 352.39 feet; thence leaving North 46° 56 43 East 151.65 feet, Ј Љ southerly side of Georgia Avenue and continuing onto the North 58° 28 21 West 2,245.36 feet, Ј Љ westerly side of California Avenue, North 78° 20 41 West 561.86 feet, South 26° 31Ј 23Љ West 1,240.60 feet, by a curve to the right 73.94 feet, having a radius of South 04° 29Ј 04Љ East 311.45 feet, 49.44 feet, subtended by a chord South 73° 24Ј 04Љ East South 84° 40Ј 48Љ West 77.38 feet, 67.25 feet; thence running and binding along the westerly South 76° 06Ј 12Љ West 368.24 feet, side of California Avenue, the following courses: South 89° 50Ј 30Љ West 286.01 feet, South 30° 48Ј 42Љ East 2,120.51 feet, North 62° 18Ј 31Љ West 1,750.15 feet, South 41° 02Ј 49Љ East 131.90 feet, South 89° 15Ј 33Љ West 622.25 feet, South 49° 38Ј 26Љ East 75.20 feet, South 53° 41Ј 43Љ West 782.19 feet, South 56° 05Ј 55Љ East 78.13 feet, South 65° 23Ј 01Љ West 111.01 feet, South 65° 55Ј 12Љ East 86.43 feet, South 82° 06Ј 20Љ West 410.19 feet, South 70° 19Ј 05Љ East 118.37 feet, South 75° 30Ј 56Љ West 188.23 feet, South 76° 36Ј 49Љ East 93.41 feet to the intersection of South 36° 12Ј 30Љ West 211.66 feet, the southerly side of California Avenue and the westerly South 31° 58Ј 40Љ West 519.01 feet, side of an unnamed road; thence running and binding South 39° 14Ј 18Љ West 108.51 feet, along the westerly side of an unnamed road, South 46° 29Ј 39Љ West 116.52 feet, South 53° 11Ј 27Љ West 124.93 feet, South 40° 39Ј 52Љ East 110.62 feet, South 53° 54Ј 03Љ West 140.80 feet, to the point of South 39° 55Ј 03Љ East 162.67 feet, beginning, containing 1,492.70 acres, more or less. South 38° 03Ј 42Љ East 190.00 feet; thence leaving said unnamed road, Parcel B South 11° 46Ј 30Љ East 285.77 feet, Beginning at a point along the southeasterly Let- South 01° 36Ј 16Љ East 255.53 feet, to a point on the terkenny Army Depot Military Reservation Boundary, westerly side of Tank Road; thence running and binding said point being approximately 50 feet offset from and along a portion of said Tank Road, the following courses: perpendicular to the centerline of East Patrol Road, said point being further located approximately 2,900 feet along South 16° 56Ј 13Љ West 188.12 feet, the centerline of East Patrol Road from the intersection of South 18° 54Ј 01Љ West 143.07 feet, the centerlines of California Avenue and East Patrol

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Road; thence running and binding along said Reservation North 52° 25Ј 41Љ West 67.18 feet; thence leaving said Boundary line, the following courses: railroad spur, North 24° 09Ј 00Љ West 87.90 feet, North 24° 14Ј 44Љ West 2,125.36 feet, to a point on a North 70° 04Ј 03Љ East 202.62 feet, fence line, thence running and binding along said fence South 24° 44Ј 23Љ East 2,910.46 feet; thence leaving line, said Military Reservation boundary line and crossing North 65° 47Ј 19Љ East 490.56 feet, to the point of lands of the Letterkenny Army Depot Military Reserva- beginning, containing 42.06 acres, more or less. tion of the United States of America, The bearings used herein are referenced to the Pennsyl- South 88° 24Ј 53Љ West 127.56 feet, Ј Љ vania State Plane Coordinate System Zone 5151, NAD North 85° 04 27 West 75.49 feet, 1927. North 87° 49Ј 33Љ West 75.52 feet, South 87° 01Ј 13Љ West 44.71 feet, It is the intent of the foregoing description to include a South 77° 42Ј 36Љ West 57.80 feet, to a point on the portion of the same lands acquired by the United States northeasterly side of a railroad spur; thence with said of America as part of Letterkenny Army Depot Military spur, the following courses: Reservation as recorded in the Office of Land Records, Franklin County, Pennsylvania. North 54° 02Ј 52Љ West 107.99 feet, North 57° 08Ј 16Љ West 141.76 feet, [Pa.B. Doc. No. 99-1084. Filed for public inspection July 9, 1999, 9:00 a.m.] North 61° 09Ј 46Љ West 128.97 feet, North 58° 21Ј 00Љ West 229.23 feet,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3622 THE COURTS Add the following as a comment following subpara- Title 255—LOCAL graph (c): COURT RULES Comment: It is the responsibility of the party or parties requiring a transcript of the notes of testimony to obtain CHESTER COUNTY such transcript in a timely fashion. Counsel and parties Amendments to Civil Procedure are warned that, in light of Pa.R.C.P. No. 227.4(1)(b), the schedule for the filing of briefs cannot be extended. Order IV. Delay Damages And Now, this 22nd day of June, 1999, the following Amend Rule 238.1 by deletion of entire current rule. amendments to the Chester County Rules of Civil Proce- See Pa.R.C.P. No. 238. dure are hereby adopted effective thirty (30) days after publication in the Pennsylvania Bulletin, in accordance Amend Rule 206.2 by adding the words ‘‘motion re- with Pa.R.C.P. No. 239(d). Wording which is crossed out is questing damages for delay to which an answer has been deleted from the rules and wording which is underlined is filed,’’ after the words ‘‘post-trial motion’’. added thereto. Comments which accompany the rules V. Amend Rule 1302.1(f) by adding the following at the were prepared for the convenience of the bench and bar end of the existing rule: but are not part of the rules and are not officially adopted. The notice of the date, time and place of arbitration THOMAS G. GAVIN, hearing on the cover sheet shall include the following President Judge statement: I. Amend Rule 200.B by amending the second sentence ‘‘This matter will be heard by a board of arbitrators thereof to read as follows: at the time, date and place specified but, if one or more of the parties is not present at the hearing, the If it is later discovered that two or more matters are matter may be heard at the same time and date related, the judge to whom the latter case has been before a judge of the court without the absent party assigned may refer the case to the [ President or parties. There is no right to a trial de novo on Judge ] Court Administrator for reassignment to the appeal from a decision entered by a judge.’’ judge to whom the earlier related case was assigned. VI. Amend Rule 206.1.A.(1)(a) by adding the following II. Amend Rule 249.3 as follows: sentence at the end of the existing paragraph: Rule 249.3. Trial Readiness. No motion, petition or preliminary objection (a) A Category A matter shall be presumptively deemed shall be dismissed for failure to be accompanied ready for trial twelve months from the date of the by a form of proposed order or for failure to initiation of the suit, which is the earliest date on refer to the procedural rule, statute, or other which the case may be tried for purposes of authority relied upon or for failure to display Pa.R.C.P. No. 212.1(a). A Category C matter.... counsel’s name, address, I.D. number or telephone number. III. Post-trial Motions [Pa.B. Doc. No. 99-1085. Filed for public inspection July 9, 1999, 9:00 a.m.] Amend C.C.R.C.P. No. 227.2 as follows: (g) Post-trial motions will be brought before the Court by filing a praecipe for determination under C.C.R.C.P. No. 206.2. The praecipe for determination shall be filed at the time of the filing of the post-trial YORK COUNTY motion. Upon the filing of the praecipe for determi- Administrative Order Establishing Duty District nation accompanying a post-trial motion, oral argu- Justice Office, Operating Procedures for Duty ment shall be scheduled forthwith by the Court. Office, and Procedures for Disposing of War- Comment: In view of Pa.R.C.P. No. 227.4(1)(b), rants and Other Matters After Established Court which permits entry of judgment if an order dispos- Business Hours; No. 99 MI 00225 ing of all post-trial motions is not entered within one hundred and twenty (120) days after the filing of the first such motion, oral argument will be Administrative Order scheduled for approximately ninety (90) days fol- And Now, this 24th day of June, 1999, pursuant to the lowing the date of the filing of the first such authority and responsibility of the President Judge to motion. exercise general supervision and administrative control ... over District Justices within the 19th Judicial District, (Pa.R.C.P.D.J. 17), to insure that the Courts of this (i) [ Where oral argument of post-trial motions District remain always open for the transaction of judicial will not be held, the assigned judge shall determine business (42 Pa.C.S.A. Sec. 324), and to insure that there the briefing schedule and notify the parties accord- shall be available at all times within this Judicial ingly. ] Oral argument may be waived by agreement District, at least one issuing authority, (Pa.R.Crim. P. Sec. of all parties but, even if oral argument is waived, 23(a)), and for the purpose of consolidating and clarifying briefs shall nevertheless be due pursuant to para- prior orders and procedures concerning the establishment graph (h) above, based upon the date originally set and operation of a ‘‘Duty District Justice Office,’’ it is for oral argument. hereby Ordered as follows:

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I. Duty District Justice Office: Law enforcement officers are requested to observe the (A) Establishment, Location and Hours of Operation: provisions of Pa.R.Crim.P. 71(b) providing for the release of defendants arrested on summary matters if the defen- There shall be established an office for the transaction dant is a resident of the Commonwealth, the defendant of court business, which office shall be known as the poses no threat of immediate harm to anyone, the officer ‘‘Duty District Justice Office,’’ and which shall be open for believes the defendant will appear when required, and business twenty-four hours per day, seven days per week, the defendant has not demanded to be brought before the every day of the year. The office shall be staffed by a District Justice. District Justice, who shall be assigned, from time to time, to duty in the Duty District Justice Office, upon such (b) Issue new complaints, summonses or warrants on scheduled dates and times as shall be established by the new misdemeanor or felony charges which can be issued President Judge and published by the District Court during normal business hours, unless Administrator. 1) The facts giving rise to the new charge allege danger The District Justice on duty need not be present in the to a person or a serious breach of the peace; or Duty District Justice Office the entire time the District 2) The individual to be charged is presently in the Justice is on duty. The times throughout the day during custody of a law enforcement officer or agency; or which a Duty District Justice may be required to be 3) The criminal activity alleged to be the basis for the physically present at the Duty District Justice Office may new charge has recently occurred at such a time as to be published, from time to time, by the District Court reasonably preclude obtaining a complaint, summons or Administrator. warrant from a Judge or District Justice during normal However, consistent with the obligation of District business hours; or Justices to ‘‘devote the time necessary for the prompt and 4) There is prompt necessity to obtain a complaint, proper disposition of the business of [the] office, which summons or warrant to insure the prompt apprehension shall be given priority over any other...activity’’ of the individual to be charged. (Pa.R.S.C.D.J. 3) the District Justice on duty shall be physically present in the office within a reasonably Law enforcement officers are requested to observe the prompt time after his or her services are requested. Any provisions of Pa.R.Crim.P. 102(b) providing for the release delay for longer than one hour after one’s presence is of defendants arrested on misdemeanor matters without a requested at the Duty District Justice Office is generally warrant if the most serious matter charged is a misde- not considered to be a reasonably prompt time. meanor of the second degree, the defendant is a resident The Duty District Justice Office shall be located at 118 of the Commonwealth, the defendant poses no threat of Pleasant Acres Road, York, Pennsylvania, 17402, and/or immediate harm to anyone, the officer believes the defen- at such other address as may be established from time to dant will appear when required, and the defendant has time. not demanded to be brought before the District Justice. (B) Staffing of the Office: (c) Respond to the Duty Office, if not otherwise present, to dispose of existing summary warrants, unless The District Justice on duty shall be assisted by such the existing summary warrants, or any one of them, meet staff as is approved from time to time by the District the conditions noted in (a) (1) through (4) above, or, the Court Administrator and the President Judge of this individual is being brought to the Duty Office pursuant to Judicial District. Pa.R.Crim.P. 76(B)(4) (providing that in lieu of issuing a II. Duties of Duty District Justice: ‘‘field receipt’’ the arresting officer elects to bring the individual ‘‘without unnecessary delay’’ before the proper The Duty District Justice shall have the authority to issuing authority.) exercise the powers and duties of the office of District Justice to the same extent that he or she would if III. Disposition of Warrants: otherwise situated in the office in the judicial district in (A) Summary Warrants: which that District Justice normally sits. When a District Justice determines to issue a warrant The Duty District Justice shall not be expected to do for the arrest of an individual pursuant to Pa.R.Crim.P. the following while serving duty at the Duty District 75, or otherwise pursuant to law, whether for a new Justice Office: charge, an unresolved pending charge, a failure of the (a) Issue new citations, summonses or warrants on new individual to appear, or a failure of the individual to pay summary charges which can be issued during normal fines and costs, the District Justice shall, to the extent business hours unless: possible, note on the warrant the reason for issuance of the warrant, such as ‘‘failure to respond’’, ‘‘failure to 1) The facts giving rise to the new summary charge appear’’ or ‘‘failure to make payment’’. allege danger to a person or a serious breach of the peace; or (B) Disposition of Summary Warrant/Bench Warrant on Arrest: 2) The individual sought to be charged with a new summary offense has outstanding, from any source, two If an individual is arrested after regular court hours, (2) or more summary warrants; or and it appears that, in addition to any outstanding summary warrants, there is one or more outstanding 3) The individual sought to be charged with a new bench warrants, warrants of arrest, or attachments is- summary offense has unpaid fines, from any source, in a sued by a Judge of the Court of Common Pleas, the total amount of at least $500; or individual shall be served with all warrants outstanding, 4) The individual sought to be charged with a new but shall not be taken before the Duty District Justice. summary offense has been arrested on a misdemeanor or The individual shall be taken directly to prison, to be felony warrant, or is to be charged with a misdemeanor returned the next business day, to the Court of Common or felony, whether or not the misdemeanor or felony Pleas pursuant to the bench warrant. The District Justice warrant or charge is related to the new summary offense. or Justices who issued the outstanding summary war-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3624 THE COURTS rants also lodged against the individual shall be notified IV. ‘‘Missile’’ System: by facsimile or other reasonably prompt means, as provided herein, and the individual shall be transported to A system for the filing, storage and retrieval of war- the office of the respective District Justice who issued the rants issued in matters by Judges or District Justices in warrant or warrants, during normal business hours, or to this Judicial District shall be maintained by the York the nearest appropriate District Justice with authority to County E911 Center. The system currently known as the dispose of some or all of the outstanding warrants ‘‘Magisterial Information System to Support Improved pursuant to previous Administrative Orders. Law Enforcement’’ (‘‘MISSILE’’) shall continue to be maintained for this purpose. The system shall be updated (C) Disposition of Summary Warrants Generally: and upgraded from time to time to maintain efficiency and to purge outdated, invalid, erroneous, or useless When a warrant of arrest is executed by a police officer, warrants from the system. the officer may, in any circumstance permitted by law, either: (A) Entry of Warrants into MISSILE System: (1) accept from the defendant a signed guilty plea and Previous Orders and memoranda have been distributed the full amount of the fine and costs, if stated on the setting forth procedures for the entry of warrants into the warrant; MISSILE system. To the extent that those Orders and memoranda are not in conflict with any provisions of this (2) accept from the defendant a signed not guilty plea Order, they remain in full force and effect. Notwithstand- and the full amount of collateral if stated on the warrant; ing those memoranda, a District Justice is not required to enter a warrant issued in a summary matter into the (3) accept from the defendant the amount of fine and MISSILE system until that District Justice determines costs due as specified in the warrant if the warrant is for that the warrant remains unserved and should remain collection of fine and costs after a guilty plea or convic- active. Warrants issued in misdemeanor or felony cases tion; or shall be immediately forwarded by the District Justice to (4) cause the defendant to be taken without unneces- the MISSILE system for entry into that system. sary delay before the proper issuing authority. District Justices are directed to institute a system When the police officer accepts the fine and costs or within their offices to review recently issued warrants collateral as provided above, the officer shall issue a which remain unexecuted for a period of sixty days after receipt to the defendant setting forth the amount of fine their issuance. The review shall include a determination and costs or collateral received and shall promptly, and in of whether due diligence has been exercised to execute any event, within forty-eight (48) hours of the issuance, the warrant, and whether the warrant should be recalled return a copy of the receipt, signed by the defendant and or remain issued. If a determination is made to recall a the police officer, to the proper issuing authority. (See warrant, and the warrant has been entered in the Pa.R.Crim.P. 76.) MISSILE system, the administrator of the York County E911 Center, Records Division, or the administrator’s Prior to the police officer electing to take the defendant designee, shall be notified and the warrant shall be forthwith before the proper issuing authority, the officer removed from the MISSILE system. shall consider the factors set forth above with respect to (B) Cancellation of Warrants in MISSILE: the duties of the Duty District Justice. Should the officer elect to take the individual, forthwith, before the Duty Previous Orders and memoranda have been issued District Justice, or should the individual arrested request concerning procedures for canceling warrants in the MIS- to be taken before the Duty District Justice (and provided SILE System. To the extent that they do not conflict with the individual has no outstanding bench warrants issued any provisions of this Order, they remain in full force and by a Court of Common Pleas) the individual arrested effect. shall be processed pursuant to Pa.R.Crim.P. 76, et seq., and if appropriate, shall be given the opportunity to post In addition to the procedures set forth therein, it is bail or other collateral. The Duty District Justice shall hereby directed that the administrator of the York County not, however, conduct a hearing pursuant to Pa.R.Crim.P. E911 Center, Records Division, or the administrator’s 85. Any hearing which must be conducted pursuant to designee, shall send, by facsimile or other reasonably that Rule shall be conducted by the proper issuing prompt means, a copy of every warrant canceled or authority during the next business day. released to a law enforcement officer or constable between the hours of 4:00 p.m. and 8:30 a.m. the following day, (D) Misdemeanor & Felony Warrants, Arrests Without together with the warrant’s assigned cancellation number, Warrants: to the Judge or District Justice who issued the warrant. When an individual is arrested in a ‘‘court case’’ V. Directives from District Court Administrator: without a warrant, and the arresting officer deems it The District Court Administrator and Deputy District appropriate to detain the individual, the Duty District Court Administrator have been delegated supervisory and Justice shall afford the individual detained a preliminary administrative authority by the President Judge of this arraignment, without unnecessary delay, pursuant to Judicial District. Pa.R.Crim.P. 102. Any memorandum, directive, or instruction received by In court cases in which an individual has been arrested a District Justice from the District Court Administrator of and detained upon a warrant issued within this judicial York County shall have the same force and effect as if the district or upon a warrant issued outside of this district, memorandum, directive, or instruction was sent by the the Duty District Justice shall afford the individual President Judge of York County. detained a preliminary arraignment, or the opportunity to post bail, as appropriate, pursuant to Pa.R.Crim.P. 123 This Order shall supercede and take precedence over and 124, and Rule 4001(b) (permitting a defendant to be any previous order or memorandum previously issued admitted to bail on any day at any time). which may be in conflict with the provisions herein.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 THE COURTS 3625

Further Ordered that in accordance with Pa.R.C.P.230, the District Court Administrator shall: DISCIPLINARY BOARD OF (a) File seven certified copies hereof with the Adminis- THE SUPREME COURT trative Office of the Pennsylvania Courts. (b) Distribute two certified copies hereof to the Legisla- Notice of Disbarment tive Reference Bureau for publication in the Pennsylvania Bulletin. Notice is hereby given that Joseph F. Manson, III, having had his license to practice law in the Common- (c) File one certified copy hereof with the Criminal wealth of Virginia revoked by Order of the Virginia State Rules Committee. Bar Disciplinary Board on March 21, 1997, the Supreme (d) Cause a copy hereof to be published in the York Court of Pennsylvania issued an Order dated June 24, Legal Record at the expense of the County of York. 1999, disbarring Joseph F. Manson, III from the Bar of this Commonwealth. In accordance with Rule 217(f), (e) Supervise the distribution hereof to all Judges, Pa.R.D.E., since this formerly admitted attorney resides District Justices, Municipal and State Police Agencies of outside of the Commonwealth of Pennsylvania, this notice the 19th Judicial District, and all members of the Bar of is published in the Pennsylvania Bulletin. this Court. ELAINE M. BIXLER, By the Court Executive Director and Secretary JOHN C. UHLER, The Disciplinary Board of the President Judge Supreme Court of Pennsylvania [Pa.B. Doc. No. 99-1086. Filed for public inspection July 9, 1999, 9:00 a.m.] [Pa.B. Doc. No. 99-1087. Filed for public inspection July 9, 1999, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3626 RULES AND REGULATIONS 1. Rivers and streams (mostly smallmouth) will be Title 58—RECREATION under different regulations than lakes and ponds (mostly FISH AND BOAT COMMISSION largemouth). [58 PA. CODE CHS. 61 AND 65] 2. A catch-and-release fishery, a No Harvest-Immediate Release regulation, will be in effect for bass during the Seasons, Sizes and Creel Limits; Warmwater/ spring period when bass season (harvest) is not ‘‘open.’’ Coolwater Species Special Conservation Waters; Big Bass Special Regulations 3. A 15-inch minimum size, 4-bass creel limit will be in effect on lakes and ponds from January 1 to mid-April and November through December (essentially a Big Bass The Fish and Boat Commission (Commission) by this regulation for the late fall through spring fishery). order amends Chapters 61 and 65 (relating to season, sizes and creel limits; and special fishing regulations). 4. A 20-inch minimum size, 1 bass creel limit will be in The Commission is publishing these amendments under effect on rivers and streams from January 1 to mid-April the authority of 30 Pa.C.S. (relating to the Fish and Boat and October through December (harvest limited to only Code) (code). The amendments relate to fishing. the exceptional trophy-sized bass). This change also will apply to those river reaches contained within the Big A. Effective Date Bass Program. These amendments will go into effect on January 1, It was proposed that Commission staff develop a sys- 2000. tem of resource classification to identify those lakes and B. Contact Person ponds where reproduction and production of bass is such that any increase in fishing mortality or disruption of For further information on the amendments, contact reproductive activity could be expected to have a negative Laurie E. Shepler, Assistant Counsel, (717) 657-4546, impact on populations. These waters should be excluded P. O. Box 67000, Harrisburg, PA 17106-7000. This final from the spring No Harvest-Immediate Release fishery. It rulemaking is available electronically through the Com- was also proposed that the Commission initiate an infor- mission’s Web site at (http://www.fish.state.pa.us). mational campaign, including a publication or pamphlet C. Statutory Authority to advise anglers on how to handle and release bass to assure maximum likelihood of survival of fish taken in a These amendments are published under the statutory catch-and-release fishery. This could be done as a coopera- authority of section 2102 of the code (relating to rules and tive effort with organized bass angling groups or mem- regulations). bers of the workgroup, or both, who have writing/ D. Purpose and Background communication skills and who volunteer to assist. The amendments are designed to update, modify and A notice of proposed rulemaking containing the pro- improve Commission regulations pertaining to fishing. posed changes was published at 28 Pa.B. 45 (January 3, The specific purpose of the amendments is described in 1998). After the publication of the notice of proposed more detail under the summary of changes. rulemaking, the Bass Workgroup met again. The meeting included an extended discussion of several aspects of the E. Summary of Changes proposed rulemaking in light of the public comment, the results of the public hearing and other available informa- Acting on a recommendation of the Fisheries Commit- tion. As a result of those discussions, the Bass Workgroup tee, the Commission established a Bass Workgroup recommended that the Commission finally adopt the chaired by Commissioner Anderson and comprised of changes to the proposed bass season regulations with Commission staff and various public representatives with several changes: a demonstrated interest in bass fishing. The workgroup’s discussions focused on ways to increase bass angling 1. A 15-inch minimum size, 4 bass per day creel limit opportunity by permitting a catch-and-release fishery for will be in effect on rivers and streams from January 1 to bass in the spring while assuring that populations are mid-April and October through December. This change adequately protected at other times of the year to com- replaces the 20-inch size, 1 per day creel limit in the pensate for any possible increase in fishing mortality proposed regulation. From a biological standpoint, based resulting from the catch-and-release fishery. The on modeling, it appears that this change will have an workgroup met twice (details of discussions and results extremely modest (about 1%) impact on populations of were provided in a briefing book at the Commission’s July bass over 12Љ. This change will not apply to those river 1997 meeting) and developed recommendations for reaches contained within the Big Bass Program. changes in regulations and for actions to be taken by Commission staff relative to public education and re- 2. For rivers and streams in the Big Bass Program, an source classification. 18-inch, 2 bass per day creel limit will be in effect from January 1 to mid-April and October 1 through December The results of workgroup discussions were presented to 31. This size and creel limit replaces the 20-inch size, 1 the Fisheries Committee, and the Committee recom- per day creel limit in the proposed regulation. Based on mended that the Commission accept the results. The biological modeling, it appears that this change will have report was accepted, and staff were instructed to bring no numerically significant impact on populations of bass the workgroup recommendations to the Commission at a over 12Љ in length. subsequent Commission meeting as a proposed rulemaking item. 3. The Bass Workgroup recommended that bass season/ size/creel limits for lakes (both Big Bass/Conservation The proposed regulation package included several ma- Regulations and Statewide Regulations) remain the same jor changes. These were: as proposed in the notice of proposed rulemaking.

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4. The Bass Workgroup recommended that the Com- (with about 45 persons in attendance). Copies of all mission create and implement a new special regulation hearing transcripts also were provided to the Commis- category for lakes the biorankings of which indicate a sioners. possible need for additional protection during the period Findings from mid-April through mid-June. These regulations would prohibit or substantially limit catch-and-release The Commission finds that: (no-harvest) fishing for bass on these lakes during the (1) Public notice of intention to adopt the amendments normal spawning period. adopted by this order has been given under sections 201 On final rulemaking, the Commission adopted the and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 amendments as set forth in the notice of proposed P. S. §§ 1201 and 1202) and the regulations promulgated rulemaking with the three changes recommended by the thereunder, 1 Pa. Code §§ 7.1 and 7.2. Bass Workgroup, effective January 1, 2000. The Commis- (2) A public comment period was provided and that all sion also approved the publication of a separate notice of comments received were considered. proposed rulemaking containing a change to the State- wide bass regulations to specify restrictions on catch and (3) The adoption of the amendments of the Commission release fishing during the normal bass spawning period. in the manner provided in this order is necessary and This notice of proposed rulemaking was published at 29 appropriate for administration and enforcement of the Pa.B. 822 (February 13, 1999). authorizing statutes. F. Paperwork Order The amendments will not increase paperwork and will The Commission, acting under the authorizing statutes, create no new paperwork requirements. orders that: G. Fiscal Impact (a) The regulations of the Commission, 58 Pa. Code Chapters 61 and 65, are amended by amending §§ 61.1, The amendments will have no adverse fiscal impact on 65.8 and 65.9 to read as set forth in Annex A, with the Commonwealth or its political subdivisions. The ellipses referring to the existing text of the regulations. amendments will impose no new costs on the private sector or the general public. (b) The Executive Director will submit this order and Annex A to the Office of Attorney General for approval as H. Public Involvement to legality as required by law. A notice of proposed rulemaking containing the pro- (c) The Executive Director shall certify this order and posed amendments was published at 28 Pa.B. 45. The Annex A and deposit them with the Legislative Reference Commission provided for an extended public comment Bureau as required by law. period until June 15, 1998. During the public comment period, the Commission received 1,869 comments, includ- (d) This order shall take effect immediately upon publi- ing letters from individuals and clubs, form letters and cation in the Pennsylvania Bulletin petitions. Of these comments, 123 were generally in favor PETER A. COLANGELO, of the proposal, 1,743 (which included a petition signed by Executive Director 1,500 individuals) were generally against it, and 3 were Fiscal Note: Fiscal Note 48A-75 remains valid for the unsure. The Commission also received many public com- final adoption of the subject regulations. ments prior to and after the public comment period. Some individuals wrote directly to the Commissioners (instead Annex A of the Executive Director as specified in the notice of TITLE 58. RECREATION proposed rulemaking). Commissioner Enoch ‘‘Inky’’ Moore received more than 500 comments in favor of the pro- PART II. FISH AND BOAT COMMISSION posed amendments. Copies of all public comments sub- Subpart B. FISHING mitted in accordance with the notice of proposed rulemak- CHAPTER 61. SEASONS, SIZES AND CREEL ing (regardless of whether they were received before, LIMITS during or after the public comment period) were provided to the Commissioners. § 61.1. Commonwealth inland waters. In addition, public hearings were held on March 4, ***** 1998, in Harrisburg (with 21 persons in attendance); on (d) Except as otherwise provided in this subpart, the March 11, 1998, in Leesport (with 26 persons in atten- following seasons, sizes and creel limits apply to inland dance); on March 19, 1998, in Monroeville (with 75 waters of this Commonwealth and the Youghiogheny persons in attendance); and on April 8, 1998 in Hawley Reservoir:

MINIMUM SPECIES SEASONS SIZE DAILY LIMIT

***** BASS—Largemouth and Smallmouth and Spotted Lakes: January 1 to midnight the day 15 inches 4 (combined before the opening day of trout species) season in April and November 1 to midnight December 31 **

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MINIMUM SPECIES SEASONS SIZE DAILY LIMIT 12:01 a.m. the opening day of NO HARVEST—Catch and immedi- trout season in April to 12:01 ate release only (No Tournaments a.m. the first Saturday after Permitted) June 11 12:01 a.m. the first Saturday 12 inches 6 (combined spe- after June 11 to midnight Oc- cies) tober 31 BASS—Largemouth and Smallmouth and Spotted Rivers and Streams*: January 1 to midnight the day 15 inches 4 (combined spe- before the opening day of trout cies) season in April and October 1 to midnight December 31 ** 12:01 a.m. the opening day of NO HARVEST—Catch and immedi- trout season in April to 12:01 ate release only (No Tournaments a.m. the first Saturday after Permitted) June 11 12:01 a.m. the first Saturday 12 inches 6 (combined after June 11 to midnight Sep- species) tember 30 *****

* For purposes of this subsection, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ‘‘rivers.’’ ***** CHAPTER 65. SPECIAL FISHING REGULATIONS § 65.8. Warmwater/coolwater species special conservation waters. (a) The Executive Director, with the approval of the Commission, may designate waters as warmwater/coolwater special conservation waters. The designation of the waters shall be effective when the waters are posted after publication of a notice of designation in the Pennsylvania Bulletin. (b) It is unlawful to fish for the following species in designated and posted warmwater/coolwater special conservation waters except in compliance with the seasons established in § 61.1 (relating to the Commonwealth inland waters) and the following size and creel limits: Species Size (in) Creel Limit Walleye and hybrids 20 2 Muskellunge and Muskellunge hybrids 36 1 Chain pickerel 20 2 Northern pike 28 1 Sunfish 10 Crappie and White bass 10 Yellow perch 10 Catfish 50 Carp and suckers 50 White perch 50 Other species—Inland size and creel limits apply. (c) It is unlawful to fish for bass (all species) in designated and posted warmwater/coolwater special conservation waters except in compliance with the following seasons and size and creel limits. It is not a violation of this subsection if the bass is immediately returned unharmed to the waters from which it is taken. Seasons Size (in) Creel Limit Lakes: January 1 to midnight the day before the opening day of 15 4 (combined trout season in April species) and 12:01 a.m. the first Saturday after June 11 to midnight December 31

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Seasons Size (in) Creel Limit 12:01 a.m. the opening day of trout season in April to 12:01 NO HARVEST—Catch and a.m. the first Saturday after June 11 immediate release only (No Tournaments Permitted) Rivers and Streams: January 1 to midnight the day before the opening day of 15 4 (combined species) trout season in April and October 1 to midnight December 31 12:01 a.m. the opening day of trout season in April to 12:01 NO HARVEST—Catch and a.m. the first Saturday after June 11 immediate release only (No Tournaments Permitted) 12:01 a.m. the first Saturday after June 11 to midnight Septem- 15 4 (combined ber 30 species)

Note: For purposes of this subsection, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ‘‘rivers.’’ § 65.9. Big bass special regulations. (a) The Executive Director, with the approval of the Commission, may designate waters as ‘‘Big Bass Regulation’’ waters. The designation shall be effective when the waters are so posted after publication of a notice of designation in the Pennsylvania Bulletin. (b) It is unlawful to take, catch, kill or possess a largemouth, smallmouth or spotted bass on or in designated ‘‘Big Bass Regulation’’ waters except in compliance with the following seasons and size and creel limits. It is not a violation of this section if the bass is immediately returned unharmed to the waters from which it is taken. Seasons Size (in) Creel Limit Lakes: January 1 to midnight the day before the opening day of 15 4 (combined trout season in April species) and 12:01 a.m. the first Saturday after June 11 to midnight December 31 12:01 a.m. the opening day of trout season in April to 12:01 NO HARVEST—Catch and a.m. the first Saturday after June 11 immediate release only (No Tournaments Permitted) Rivers and Streams: January 1 to midnight the day before the opening day of 18 2 (combined trout season in April species) and October 1 to midnight December 31 12:01 a.m. the opening day of trout season in April to 12:01 NO HARVEST—Catch and a.m. the first Saturday after June 11 immediate release only (No Tournaments Permitted) 12:01 a.m. the first Saturday after June 11 to midnight 15 4 (combined September 30 species) Note: For purposes of this section, power dam pools and recreational dam pools on the Susquehanna River and navigational dam pools in the Ohio drainage are ‘‘rivers.’’ (c) Other Commonwealth inland fishing regulations apply to designated ‘‘Big Bass Regulation’’ waters. [Pa.B. Doc. No. 99-1088. Filed for public inspection July 9, 1999, 9:00 a.m.]

[58 PA. CODE CH. 63] B. Contact Person Fishing for Bass During Spring Season For further information on the change, contact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, P. O. Box The Fish and Boat Commission (Commission) by this 67000, Harrisburg, PA 17106-7000. This final rulemaking order amends Chapter 63 (relating to general fishing is available electronically through the Commission’sWeb regulations). The Commission is publishing this amend- site (http://www.fish.state.pa.us). ment under the authority of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). The amendment relates to C. Statutory Authority fishing for bass during the spring season. The amendment is published under the statutory au- A. Effective Date thority of section 2102 of the code (relating to rules and The amendment will go into effect on January 1, 2000. regulations).

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D. Purpose and Background Findings The amendment is designed to update, modify and The Commission finds that: improve Commission regulations relating to fishing for (1) Public notice of intention to adopt the amendment bass during the spring season. The specific purpose is adopted by this order has been given under sections 201 described in more detail under the summary of change. and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 E. Summary of Change P. S. §§ 1201 and 1202) and the regulations promulgated One of the issues raised by the Commission’s recent thereunder, 1 Pa. Code §§ 7.1 and 7.2. changes to bass season, size and creel limits was the (2) A public comment period was provided and all perception that bass populations require special protec- comments received were considered. tion during the traditional closed season from mid-April (3) The adoption of the amendment of the Commission until mid-June. Therefore, the Commission has adopted a in the manner provided in this order is necessary and regulation that provides that during the period from appropriate for administration and enforcement of the 12:01 a.m. on the first Saturday after April 11 until 12:01 authorizing statutes. a.m. on the first Saturday after June 11, it is unlawful to kill or possess (while in the act of fishing) any Order largemouth, smallmouth or spotted bass. Under the new The Commission, acting under the authorizing statutes, regulation, no tournaments are permitted during this orders that: time period. Catch and release fishing for bass during (a) The regulations of the Commission, 58 Pa. Code this period is limited. It is unlawful for an angler to Chapter 63, are amended by adding § 63.43 to read as repeatedly cast into a clearly visible bass spawning nest set forth at 29 Pa.B. 822. or redd in an effort to catch or take bass. Otherwise, a bass caught and immediately returned unharmed to the (b) The Executive Director will submit this order and waters from which taken during this period will not be 29 Pa.B. 822 to the Office of Attorney General for considered a violation of the regulation. approval as to legality as required by law. F. Paperwork (c) The Executive Director shall certify this order and 29 Pa.B. 822 and deposit them with the Legislative The amendment will not increase paperwork and will Reference Bureau as required by law. create no new paperwork requirements. (d) This order shall take effect immediately upon publi- G. Fiscal Impact cation in the Pennsylvania Bulletin. The amendment will have no adverse fiscal impact on PETER A. COLANGELO, the Commonwealth or its political subdivisions. The Executive Director amendment will impose no new costs on the private sector or the general public. Fiscal Note: Fiscal Note 48A-92 remains valid for the final adoption of the subject regulation. H. Public Involvement [Pa.B. Doc. No. 99-1089. Filed for public inspection July 9, 1999, 9:00 a.m.] A notice of proposed rulemaking was published at 29 Pa.B. 822 (February 13, 1999). The Commission received five public comments concerning the proposal: two in favor, one opposed and two inquiries. Copies of all public comments were provided to the Commissioners.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3631 PROPOSED RULEMAKING angling (exhibited stunting) and in the same lake a FISH AND BOAT different species may be comprised of small individuals due to angler removal of larger panfish. Improvements in COMMISSION size structure would be expected in association with [58 PA. CODE CH. 65] greater harvest restrictions in one case but not the other. Indeed, there may be benefits to the less protected Panfish Enhancement Special Regulation panfish species groups (without the panfish enhancement special regulation) if harvest shifted away from the The Fish and Boat Commission (Commission) proposes protected species group (with panfish enhancement spe- to amend Chapter 65 (relating to special fishing regula- cial regulation) to the less protected group. Here, thin- tions). The Commission is publishing these amendments ning the population associated with harvest may improve as a notice of proposed rulemaking under the authority of growth and consequently improve the size structure of 30 Pa.C.S. (relating to the Fish and Boat Code) (code). the less protected species, thereby enhancing the overall The proposed amendments relate to fishing. number of desirable size panfish available to anglers. A. Effective Date The second benefit is associated with maintaining The proposed amendments, if approved on final appealing panfish fishing opportunities for anglers on a rulemaking, will go into effect on January 1, 2000, or particular water. Application of harvest restrictions will upon publication of an order adopting the amendments in constrain angler harvest of panfish that provide the basis the Pennsylvania Bulletin, whichever occurs later. for extremely popular fishing opportunities for Pennsylva- B. Contact Person nia anglers. In 1991, anglers spent at least 8,023,000 days fishing for panfish in this Commonwealth, by com- For further information on the proposed changes, con- parison 11,125,000 angler days were directed to trout, tact Delano R. Graff, Director, Bureau of Fisheries, (814) and 7,186,000 angler days were directed to black bass. 359-5154, 450 Robinson Lane, Bellefonte, PA 16823, or (United States Department of the Interior, Fish and Laurie E. Shepler, Assistant Counsel, (717) 657-4546, Wildlife Service and United States Department of Com- P. O. Box 67000, Harrisburg, PA 17106-7000. This pro- merce, Bureau of the Census. 1991 National Survey of posal is available electronically through the Commission’s Fishing, Hunting, and Wildlife Associated Recreation, Web site (http://www.fish.state.pa.us). Pennsylvania. United States Government Printing Office, Washington D.C. 1993). The Commission does not want to C. Statutory Authority constrain panfish harvest opportunities on a particular The proposed amendments are published under the water so that angler participation is reduced if harvest statutory authority of sections 2102 and 2307 of the code regulations for a particular species are not expected to (relating to rules and regulations; and waters limited to yield any improvement in number of desirable size fish in specific purposes). an angler’s catch. In some cases, harvest of some panfish species is simply not great enough to substantially affect D. Purpose and Background the species size structure. The principal intent of special panfish regulations is to enhance fishing opportunities. The proposed amendments are designed to update, Constricting harvest of species groups affected by intense modify and improve Commission regulations relating to angling and maintaining harvest of species groups not fishing. The specific purpose of each amendment is affected by angling will maximize fishing opportunities. described in more detail under the summary of proposal. Simply stated, it is the Commission’s goal to improve size E. Summary of Proposal structure where possible and not restrict angling opportunities unnecessarily for species groups where no benefit is (1) Section 65.11 (relating to panfish enhancement spe- expected. Therefore, the Commission has proposed cial regulation). When the Commission adopted this regu- amendments to § 65.11 so that harvest restrictions on a lation last year, it opted to apply harvest restrictions to particular water may apply to one, two or all three all species or species groups (sunfish, crappie and yellow panfish species groups as approved by the Commission. perch) found in waters managed under the program. While this approach was straightforward, further reflec- (2) Section 65.24 (relating to miscellaneous special tion revealed that this approach was not the best fisher- regulations). Spring Creek, Centre County, supports an ies management approach to the issue. Subsequently, the excellent Class A wild brown trout population and pro- Commission substantially reduced the number of waters vides a very popular year round trout fishery for anglers to which the regulation applies. in central Pennsylvania. Currently, no harvest is permitted on this water from SR 3010 in Oak Hall downstream The Commission now proposes to amend the regulation to the mouth due to a fish consumption advisory. In to allow the Commission to apply the designation to only recognition of the outstanding wild trout fishery provided those species groups where angling has been observed to by this water, the Commission believes that it is neces- negatively affect panfish density and size structure, not sary to adopt special trout angling regulations for Spring all species groups. Application of the panfish enhance- Creek. The Commission therefore has proposed special ment special regulation to selected species groups within trout management regulations for the 16.6 miles of a water will yield several important benefits. First, Spring Creek extending from the SR 3010 bridge in Oak differences in biological characteristics among species Hall downstream to the mouth (excluding the established groups inhabiting a particular water will be able to be Heritage Trout Angling project at Fisherman’s Paradise accounted for in a management program. For example, in and the exhibition area in Bellefonte). The proposed a lake, one particular panfish population may be com- regulations will involve no change from the current prised of small individuals for reasons not associated with management, as angling will be permitted year round (no

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3632 PROPOSED RULEMAKING closed season) under no-harvest regulations with no 2 working days, the comments should be retransmitted to tackle restrictions. ensure receipt. F. Paperwork PETER A. COLANGELO, Executive Director The proposed amendments will not increase paperwork and will create no new paperwork requirements. Fiscal Note: 48A-99. No fiscal impact; (8) recommends adoption. G. Fiscal Impact Annex A The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions. TITLE 58. RECREATION The proposed amendments will impose no new costs on PART II. FISH AND BOAT COMMISSION the private sector or the general public. Subpart B. FISHING H. Public Comments CHAPTER 65. SPECIAL FISHING REGULATIONS Interested persons are invited to submit written comments, objections or suggestions about the proposed § 65.11. Panfish enhancement special regulation. amendments to the Executive Director, Fish and Boat (a) The Executive Director, with the approval of the Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, Commission, may designate waters as ‘‘Panfish Enhance- within 30 days after publication of this notice in the ment Special Regulation’’ waters. The designation may Pennsylvania Bulletin. Comments submitted by facsimile be limited to one, two or all three of the panfish will not be accepted. species listed in subsection (b). The designation shall Comments also may be submitted electronically at be effective when the waters are so posted after publica- ‘‘[email protected].’’ A subject heading of the tion of a notice of designation in the Pennsylvania proposal and a return name and address must be in- Bulletin. cluded in each transmission. In addition, all electronic (b) It is unlawful to fish in designated and posted comments must be contained in the text of the transmis- ‘‘Panfish Enhancement Special Regulation’’ waters except sion, not in an attachment. If an acknowledgment of in compliance with the following seasons and size and electronic comments is not received by the sender within creel limits:

Species Seasons Minimum Size Daily Limit Sunfish (bluegill, pumpkinseed and redear) 7 inches Open year-round 20 (combined species)* Crappie (black and white) 9 inches Yellow perch 9 inches Other species—inland seasons and size and creel limits apply. * Anglers may catch and possess up to 30 (combined species) of catfish, rockbass, suckers, carp and white bass in addition to the daily limit of 20 (combined species) of sunfish, crappies and yellow perch. ***** § 65.24. Miscellaneous special regulations. The following waters are subject to the following miscellaneous special regulations: County Name of Water Special Regulations ***** Centre Spring Creek—16.6 miles downstream from the Trout (all species)—No closed season under SR 3010 bridge to the mouth (excluding the no-harvest regulations with no tackle re- established Heritage Trout Angling project at strictions. Fisherman’s Paradise and the exhibition area in Bellefonte). This area shall be known as ‘‘Spring Creek Special Trout Management Area.’’ ***** [Pa.B. Doc. No. 99-1090. Filed for public inspection July 9, 1999, 9:00 a.m.]

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3633 STATEMENTS OF POLICY sworn in by the court in recognition of both the impor- Title 4—ADMINISTRATION tance and confidential nature of their duties. PART II. EXECUTIVE BOARD § 201.2. Program. [4 PA. CODE CH. 9] Court-appointed special advocates (CASAs) shall, at all Reorganization of the Department of Public Wel- times, be under the supervision of a CASA program which fare has the legal authority to operate, and which is recognized and supported by the court. Unless the CASA The Executive Board approved a reorganization of the program is administered by the court, the program shall Department of Public Welfare effective June 16, 1999. likewise have a written agreement with the court defining the working relationship between the CASA program and The organization chart at 29 Pa.B. 3634 (July 10, 1999) the court. CASAs may not be assigned to a case until it is is published at the request of the Joint Committee on determined that all preservice training and qualification Documents under 1 Pa. Code § 3.1(a)(9) (relating to con- requirements have been met. tents of Code). QUALIFICATIONS (Editor’s Note: The Joint Committee on Documents has § 201.11. Qualifications. found organization charts to be general and permanent in nature. This document meets the criteria of 45 Pa.C.S. (a) A court-appointed special advocate (CASA) shall be § 702(7) as a document general and permanent in nature 21 years of age or older. which shall be codified in the Pennsylvania Code.) (b) Prior to appointment, a CASA shall: [Pa.B. Doc. No. 99-1091. Filed for public inspection July 9, 1999, 9:00 a.m.] (1) Successfully pass all screening requirements, including criminal history and child abuse background checks. (2) Complete a written application containing information about educational background and training, employ- Title 237—JUVENILE RULES ment history and experience working with children. JUVENILE COURT JUDGES’ COMMISSION (3) Submit the names of three or more references of persons unrelated to the prospective CASA. PART II. STANDARDS (4) Authorize the CASA program and other appropriate [237 PA. CODE CH. 201] agencies to conduct a criminal record check, a child Standards Governing the Qualifications and Train- protective services background check as permitted by the laws of the Commonwealth and, if the duties of the CASA ing of Court-Appointed Special Advocates could include the transportation of children, a driving record check. Under 42 Pa.C.S. § 6342(f), the Juvenile Court Judges’ Commission, established under the act of December 21, (5) Attend and participate in personal interviews with 1959 (P. L. 1962, No. 717), has developed a statement of CASA program personnel. policy regarding the qualifications and training of court- (6) Be able to make a 12-month minimum commitment appointed special advocates to read as set forth in Annex to a case, in addition to the time required for preservice A. The statement of policy shall take effect upon publica- training. tion in the Pennsylvania Bulletin. JAMES E. ANDERSON, (c) A CASA shall respect a child’s inherent right to Executive Director grow up with dignity, in a stable, safe, loving and nurturing environment. (Editor’s Note: A statement of policy of the Juvenile (d) A CASA shall have the ability to relate effectively to Court Judges’ Commission is added in 237 Pa. Code the children and families to whose cases the CASA may §§ 201.1, 201.2, 201.11 and 201.21 to read as set forth in be assigned. Annex A.) (e) A CASA shall keep information confidential and Fiscal Note: 23-NOT-1. No fiscal impact; (8) recom- work within the scope of established program guidelines mends adoption. and orders of the court, maintain objectivity and relate to Annex A a variety of people. TITLE 237. JUVENILE RULES (f) A CASA may not accept reimbursement for time, or for routine travel or other expenses ordinarily incurred in CHAPTER 201. STANDARDS GOVERNING THE the discharge of assigned duties, and shall comply with QUALIFICATIONS AND TRAINING OF the requirements established by the CASA program under COURT-APPOINTED SPECIAL ADVOCATES whose supervision the CASA is providing services. GENERAL (g) An individual may not be appointed as a CASA who § 201.1. Appointment. is found to have been convicted of, or to have charges pending for, a felony or a misdemeanor involving a sex Under 42 Pa.C.S. § 6342 (relating to court-appointed offense, child abuse or neglect, or related acts that would special advocates), court-appointed special advocates pose risks to children or the credibility of the CASA (CASAs) may be appointed to participate as advocates for program. If a prospective CASA is found to have commit- children who are dependent or alleged to be dependent. ted a misdemeanor or felony that is unrelated to or would CASAs shall be appointed only by the court and shall be not pose a risk to children and would not negatively

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PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 STATEMENTS OF POLICY 3635 impact the credibility of the CASA program, the program (1) The roles and responsibilities of a CASA volunteer. may consider the extent of the prospective volunteer’s (2) Court process, including dependency proceedings rehabilitation and other factors that may be relevant in under 42 Pa.C.S. §§ 6301—6365 (relating to the Juvenile determining whether to accept the applicant as a CASA Act) and involuntary termination of parental rights pro- volunteer. ceedings under 23 Pa.C.S. §§ 2101—2910 (relating to the (h) Grounds for dismissal of a CASA include the follow- adoption act). ing: (3) The dynamics of human behavior associated with (1) Taking action without CASA program or court child abuse and neglect. approval that endangers a child or is outside the role or (4) Relevant State and Federal laws. powers of the CASA program. (5) Confidentiality and recordkeeping practices. (2) Engaging in ex parte communication with the court. (6) Child development. (3) Violation of a program policy, court rule or law. (7) Child abuse and neglect. (4) Failure to complete required in-service training. (8) Permanency planning and resources. (5) Failure to demonstrate an ability to effectively carry out assigned duties. (9) Community agencies and resources. (6) Falsification of an application, or a misrepresenta- (10) Communication and information gathering, to in- tion of facts during the preappointment screening process. clude interviewing and report writing skill development. (7) Allegations that the CASA is the subject of child (11) Advocacy. abuse or neglect allegations. (12) Special needs of the children served, including (8) Existence of a conflict of interest that cannot be differences in cultural and socioeconomic norms, values resolved. and heritage. TRAINING (13) The identification of personal and institutional § 201.21. Training. bias or discrimination as it relates to the children and families being served. (a) The Court-appointed special advocate (CASA) shall have the benefit of a training and skill development (14) The opportunity to visit and observe court proceed- program that is offered by a CASA program and which is ings conducted by judges and masters involving hearings reviewed annually and revised based on the program’s under 42 Pa.C.S. §§ 6301—6365, as well as proceedings assessment of its training needs. involving the involuntary termination of parental rights under 23 Pa.C.S. §§ 2101—2910. (b) Training provided to CASAs shall conform to the curriculum ‘‘Comprehensive Training for the CASA/GAL,’’ (15) Ethics relating to the role of the CASA. available from the National Court Appointed Special (16) Expectations regarding appearance and demeanor. Advocate Association, or its equivalent. (e) CASA volunteers shall be provided with at least 12 (c) The training that is offered to CASAs shall utilize a hours of in-service training annually. variety of instructors, including CASA program staff, [Pa.B. Doc. No. 99-1092. Filed for public inspection July 9, 1999, 9:00 a.m.] attorneys, judges, agency representatives and volunteers. (d) CASAs shall successfully complete at least 30 hours of preservice training before being assigned to a case. This preservice training shall, at a minimum, include the following:

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3636 NOTICES accordance with section 4509 of the Agricultural Com- DEPARTMENT OF modities Marketing Act. SAMUEL E. HAYES, Jr. AGRICULTURE Secretary Christmas Tree Marketing and Research Program [Pa.B. Doc. No. 99-1093. Filed for public inspection July 9, 1999, 9:00 a.m.] Under the applicable provisions of the Agricultural Commodities Marketing Act, a referendum was held from June 1 to June 15, 1999, to determine if the producers affected by the proposed Pennsylvania Christmas Tree Pennsylvania Agricultural Product Promotion Marketing and Research Program desired to have the Program established. To pass, a majority of eligible Matching Grant Program; Application Period producers voting, both by number of producers and by the number of trees cut and sold during the previous market- Notice is given of the commencement of an application ing season, had to vote in favor of the Program’s estab- period for grants under the Pennsylvania Agricultural lishment. An impartial Teller Committee met on June 22, Product Promotion Matching Grant Program (Program) 1999, to count the ballots. The following results were administered by the Department of Agriculture (Depart- submitted by the Teller Committee: a total of 81 eligible ment). The statement of policy describing the Program is votes were cast, with 58 producers voting in favor of and published at 7 Pa. Code, Chapter 105. 23 producers voting against the establishment of the In summary, the Program provides matching funds to program by number of producers. There were 347,885 Pennsylvania nonprofit agricultural product promotion trees eligible for inclusion in the referendum count. and marketing organizations for projects intended to Producers voted 268,066 trees in favor of and 79,819 trees increase consumer awareness of Pennsylvania agricul- against the establishment of the program by volume of tural products and thereby increase sales of these prod- trees cut and sold during the previous marketing season. ucts. The eligible votes favoring establishment of the Program by number of producers represented 72% of the eligible Applications for the Program will be accepted by the votes and those against establishment of the program Department beginning August 2, 1999, for a 30-day represented 28% of the eligible votes. The eligible votes period. Applications will not be accepted if received by the favoring establishment of the Program by number of trees Department after August 31, 1999. Information and a cut and sold during the previous marketing season repre- grant application may be obtained from Michael Varner, sented 77% of the eligible votes and those against Bureau of Market Development, Department of Agricul- establishment of the Program by number of trees cut and ture, 2301 North Cameron Street, Room 311, Harrisburg, sold during the previous marketing season represented PA 17110-9408. 23% of the eligible votes by number of trees. There were SAMUEL E. HAYES, Jr., 20 spoiled or ineligible ballots. Because a majority of the Secretary votes were cast in favor of the Program, the Pennsylvania [Pa.B. Doc. No. 99-1094. Filed for public inspection July 9, 1999, 9:00 a.m.] Christmas Tree Marketing and Research Program shall become effective 21 days from publication of this notice in DEPARTMENT OF BANKING Action on Applications

The Department of Banking of the Commonwealth of Pennsylvania, under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code, has taken the following action on applications received for the week ending June 29, 1999. BANKING INSTITUTIONS Consolidations, Mergers and Absorptions Date Name of Bank Location Action 6-15-99 United Bank of Philadelphia Philadelphia Filed Philadelphia Philadelphia County Purchase of Assets/Assumption of Liabilities of four Branch Offices of First Union National Bank, Charlotte, North Carolina, Located At: 1620 Wadsworth Avenue 3945-49 Chestnut Street Philadelphia Philadelphia Philadelphia County Philadelphia County

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Date Name of Bank Location Action 2836 West Girard Avenue 1501 North Broad Street Philadelphia Philadelphia Philadelphia County Philadelphia County Branch Applications Date Name of Bank Location Action 6-21-99 Wayne Bank Stroud Mall Opened Honesdale U. S. Route 611 Wayne County Stroud Township Monroe County 6-25-99 Harris Savings Bank Shoppes at Kissel Filed Harrisburg Village Dauphin County Route 501 Lititz Warwick Township Lancaster County 6-28-99 Main Street Bank 555 Penn Avenue Approved Reading West Reading Berks County Berks County 6-28-99 Parkvale Savings Bank 3801 Washington Road Approved Monroeville McMurray Allegheny County Peters Township Washington County 6-28-99 Northwest Savings Bank Dutchway Shopping Mall Approved Warren Route 501 North Warren County Schaefferstown Heidelberg Township Lebanon County Branch Relocations Date Name of Bank Location Action 6-23-99 Parkvale Savings Bank To: Brodhead Rd. and Mill St. Filed Monroeville Aliquippa Allegheny County County From: 913 23rd Street Aliquippa Beaver County Branch Discontinuances Date Name of Bank Location Action 6-28-99 Pittsburgh Home Savings Bank 274 N. Craig Street Filed Pittsburgh Pittsburgh Allegheny County Allegheny County Articles of Amendment Date Name of Bank Purpose Action 6-29-99 East Penn Bank Provides for the amendment to Article Fifteenth of Approved Emmaus the Articles of Incorporation eliminating cumulative and Lehigh County voting rights. Effective SAVINGS ASSOCIATIONS No activity. CREDIT UNIONS No activity. DAVID E. ZUERN, Secretary [Pa.B. Doc. No. 99-1095. Filed for public inspection July 9, 1999, 9:00 a.m.]

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public under the Sunshine Act. These committees advise DEPARTMENT OF the Department regarding housing and community development needs as well as assist in fair housing planning. COMMUNITY AND These meetings will be held as follows: July 19,1999 July 20, 1999 ECONOMIC DEVELOPMENT State Office Building Borough Council Chambers Consolidated Plan; Public Meeting and Regional Penthouse 118 South Fraser Street Housing Advisory Committee Meetings Broad and Spring Garden State College, PA 16801 Streets 10 a.m. to 1 p.m. The Department of Community and Economic Develop- Philadelphia, PA 19130 ment (Department) is preparing the Commonwealth’s 9 a.m. to 12 noon Consolidated Plan for Federal fiscal years 2000-2004. July 22, 1999 July 28, 1999 This document must be submitted to and approved by the City of York Council Economic Development United States Department of Housing and Urban Devel- Chambers Council of Northeast opment (HUD) in order for the Commonwealth and One Marketway West Pennsylvania organizations within the State to receive funding under 3rd Floor 1151 Oak Street most HUD housing and community development pro- York, PA 17401 Pittston, PA 18641 grams. The Consolidated Plan creates a unified strategy 1 p.m. to 3:30 p.m. 9 a.m. to 12 noon for housing and community development programs as well as the necessary linkages for building successful August 4, 1999 August 5, 1999 neighborhoods and communities. Brookside Apartments State Office Building 829 South Grant Street Room 218 The Commonwealth’s Consolidated Plan will address Extension 300 Liberty Avenue how the Commonwealth intends to allocate funds under Meadville, PA 16335 Pittsburgh, PA 15222 the following programs: Community Development Block 1 p.m. to 4 p.m. 9 a.m. to 12 noon Grant, HOME Investment Partnerships, Emergency Shel- ter Grant and Housing Opportunities for Persons with Persons who have a disability and wish to attend the AIDS. public meeting or any of the Advisory Committee meetings and requires an auxiliary aid, service or other Individuals or organizations may give testimony or accommodation to participate in the proceeding should comments at the public meeting. Comments will be contact Aldona Kartorie, Room 509 Forum Building, accepted about topics related to community development, Harrisburg, PA 17120, (717) 720-7409, to discuss how the housing, the content of the Commonwealth’s Annual Plan Department may best accommodate their needs. Text and the process by which the public input is gathered. telephone calls can be placed through the Pennsylvania The Commonwealth encourages public participation in Relay System at (800) 654-5984. Calls will be relayed to this process. the Department’s number listed previously. Individuals who want to speak must call to schedule a SAMUEL A. MCCULLOUGH, time to give oral testimony at the meeting. The public Secretary meeting will be shortened if no one is scheduled to testify or if there is minimal response. Please call Aldona [Pa.B. Doc. No. 99-1096. Filed for public inspection July 9, 1999, 9:00 a.m.] Kartorie at (717) 720-7409 to schedule oral testimony at the public meeting at least 24 hours prior to the meeting date. Written Comments Machinery and Equipment Loan Participation and Written testimony, in lieu of oral testimony, may be Interest Rates submitted by 5 p.m., August 9, 1999. Please submit comments to Aldona Kartorie, Office of Community Devel- The Department of Community and Economic Develop- opment and Housing, Department of Community and ment (Department) gives notice of the adoption of MELF Economic Development, Room 509, Forum Building, Har- participation and interest rates for loans approved by the risburg, PA 17120. Department. The rates are effective as of July 1, 1999, Public Meeting and will remain in effect until changed by a notice in the Pennsylvania Bulletin. The rates follow this notice as The public meeting will be held as follows: Annex A. August 10, 1999 Forum Building Exception: Projects located in any county or municipal- Room 321 ity in which the interest rate has increased will not be Walnut Street and Commonwealth Avenue subject to the new rates until October 1, 1999. Harrisburg, PA 17120 The Department retains the right to waive or modify 10 a.m. to 1 p.m.* the rates, to the extent that such are not mandated by *Note: The public meeting may be shortened if there is law, on a case by case basis for good cause shown. minimal response. Further information can be obtained from the Depart- Regional Housing Advisory Committee Meetings ment of Community & Economic Development, Room 481, The Commonwealth has six Regional Housing Advisory Forum Building, Harrisburg, PA 17120, (717) 787-6245. Committees across the State comprised of appointed SAMUEL A. MCCULLOUGH, members. Meetings of these committees are open to the Secretary

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Annex A Maximum MELF Interest MELF Participation** Rate*** PARTICIPATION AND INTEREST RATES FOR % COUNTIES AND MUNICIPALITIES* MONTOUR 50% 6.75 OVER 25,000 POPULATION NORTHAMPTON 50% 5.25 Effective July 1, 1999 through June 2000 NORTHUMBERLAND 50% 3.75 PERRY(MSA) 50% 6.75 Maximum PHILADELPHIA 50% 3.75 MELF Interest PIKE 50% 3.75 Participation** Rate*** POTTER 50% 3.75 % SCHUYLKILL 50% 3.75 ADAMS 50% 5.25 SNYDER 50% 5.25 ALLEGHENY 50% 5.25 SOMERSET 50% 3.75 McKeesport City 50% 3.75 SULLIVAN 50% 3.75 ARMSTRONG 50% 3.75 SUSQUEHANNA 50% 3.75 BEAVER 50% 5.25 TIOGA 50% 5.25 BEDFORD 50% 3.75 UNION 50% 6.75 BERKS 50% 5.25 VENANGO 50% 3.75 Reading City 50% 3.75 WARREN 50% 5.25 BLAIR 50% 5.25 WASHINGTON 50% 5.25 Altoona City 50% 3.75 WAYNE 50% 3.75 BRADFORD 50% 5.25 WESTMORELAND 50% 5.25 BUCKS 50% 6.75 WYOMING 50% 3.75 Bensalem Twp. 50% 5.25 YORK 50% 6.75 Bristol Twp. 50% 5.25 York City 50% 3.75 BUTLER 50% 5.25 * Municipalities are listed only if interest rate dif- CAMBRIA 50% 3.75 fers from County’s rate. CAMERON 50% 3.75 ** Maximum participation; MELF loans are $500,000 CARBON 50% 3.75 or 50% of eligible project costs, whichever is less. CENTRE 50% 6.75 *** Based on calendar year 1998 unemployment rate. CHESTER 50% 6.75 Subject to change at discretion of DCED. CLARION 50% 3.75 MSA Metropolitan Statistical Area (Cumberland, Dau- CLEARFIELD 50% 3.75 phin, Lebanon and Perry) CLINTON 50% 3.75 COLUMBIA 50% 3.75 Special Note: Projects located in designated enterprise CRAWFORD 50% 3.75 zones, planning stage enterprise zones, fi- CUMBERLAND (MSA) 50% 6.75 nancially distressed municipalities under DAUPHIN (MSA) 50% 6.75 Act 47, Federal empowerment zones, Fed- Harrisburg 50% 5.25 eral enterprise communities, Keystone Op- DELAWARE 50% 5.25 portunity Zones and brownfields will re- Chester City 50% 3.75 ceive loans at 3.75%. Companies designated ELK 50% 3.75 as advanced tech firms will receive an ERIE 50% 5.25 interest rate of 4.25% or 3.75% depending Erie City 50% 3.75 on the location of the project (for example, FAYETTE 50% 3.75 if area rate is 5.25% or 6.75%, the interest FOREST 50% 3.75 rate will be 4.25%). FRANKLIN 50% 5.25 10% equity injection required for all projects. FULTON 50% 3.75 Financially Distressed Municipalities Under Act 47* GREENE 50% 3.75 HUNTINGDON 50% 3.75 Aliquippa City INDIANA 50% 3.75 Beaver County JEFFERSON 50% 3.75 Braddock Borough JUNIATA 50% 3.75 Allegheny County LACKAWANNA 50% 3.75 Chester City LANCASTER 50% 6.75 Delaware County Lancaster City 50% 5.25 LAWRENCE 50% 3.75 Clairton City LEBANON (MSA) 50% 6.75 Allegheny County Lebanon City 50% 5.25 Duquesne City LEHIGH 50% 5.25 Allegheny County LUZERNE 50% 3.75 East Pittsburgh Borough LYCOMING 50% 3.75 Allegheny County McKEAN 50% 3.75 Farrell City MERCER 50% 3.75 Mercer County MIFFLIN 50% 3.75 MONROE 50% 3.75 Franklinn Borough MONTGOMERY 50% 6.75 Cambria County Norristown Boro 50% 5.25 Homestead Borough Upper Dublin Twp. 50% 5.25 Allegheny County

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Johnstown City Practices Commission (Commission) will consider the Cambria County application of Martin Baracca for reinstatement of his Millbourne Borough professional teaching certificate. Delaware County Martin Baracca filed an application for reinstatement of North Braddock Borough his teaching certificate as stated previously under section Allegheny County 16 of the Teacher Certification Law (24. P. S. § 2070.16), Rankin Borough §§ 35.1 and 35.2 of the General Rules of Administrative Allegheny County Practice and Procedure (1 Pa. Code §§ 35.1—35.2) and 22 Scranton City Pa. Code § 233.14 (relating to reinstatements). Under Lackawanna County section 16 of the Teacher Certification Law, the Depart- ment of Education (Department) on June 16, 1999 op- Wilkinsburg Borough posed his reinstatement. Allegheny County Federal Empowerment Zones* In accordance with the Teacher Certification Law, the General Rules of Administrative Practice and Procedure Portions of Pittsburgh and Philadelphia and 22 Pa. Code § 233.14(d) (relating to waiver of hear- Federal Enterprise Communities* ing), the Commission will act upon the application with- Portions of Harrisburg, Dauphin County out hearing, unless within 30 days after the publication of Portions of Lock Haven, Clinton County this notice a written request for public hearing is filed with the Commission, along with a notice of intervention, *Eligible for 3.75% Interest Rate a petition to intervene or protest in accordance with 1 [Pa.B. Doc. No. 99-1097. Filed for public inspection July 9, 1999, 9:00 a.m.] Pa. Code §§ 35.23 and 35.24 (relating to protest) or 1 Pa. Code §§ 35.27—35.32 (relating to intervention). Petitions to intervene, protests and requests for hearing shall be filed with Carolyn Angelo, Executive Director of the Professional Standards and Practices Commission, at DEPARTMENT OF 333 Market Street, Harrisburg, PA 17126-0333, on or EDUCATION before 4 p.m. on the due date prescribed by this notice. Persons with a disability who wish to attend the Professional Standards and Practices Commis- hearing, if held, and require an auxiliary aid, service or sion; Application of Martin Baracca for Rein- other accommodation to participate, should contact statement of Teaching Certificate; Doc. No. RE- Suzanne B. Markowicz at (717) 787-6576 to discuss how 99-01 the Commission may best accommodate their needs. CAROLYN ANGELO, Notice of Opportunity for Hearing and Executive Director Invitation to Protest [Pa.B. Doc. No. 99-1098. Filed for public inspection July 9, 1999, 9:00 a.m.] Under the Teacher Certification Law (24 P. S. §§ 2070.1—2070.18) the Professional Standards and DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, Actions and Special Notices

APPLICATIONS APPLICATIONS RECEIVED UNDER THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT [National Pollution Discharge Elimination System Program (NPDES)] DISCHARGE OF CONTROLLED INDUSTRIAL WASTE AND SEWERAGE WASTEWATER (Part I Permits) The following parties have applied for an NPDES permit to discharge controlled wastewaters into the surface waters of this Commonwealth. Unless otherwise indicated on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection (Department) proposes to issue a permit to discharge, subject to certain effluent limitations and special conditions. These proposed determinations are tentative. Where indicated, the EPA Region III Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.6E. Persons wishing to comment on the proposed permit are invited to submit a statement to the office noted above the application within 30 days from the date of this public notice. Comments received within this 30-day comment period will be considered in the formulation of the final determinations regarding this application. Responses should 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. A public hearing may be held if the responsible office considers the public response significant.

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Following the 30-day comment period, the Water Management Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board. The application and related documents, proposed effluent limitations and special conditions, comments received and other information are on file and may be inspected and arrangements made for copying at the office indicated above the application. Persons with a disability who wish to attend the hearing and require an auxiliary aid service or other accommodations to participate in the proceeding should contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984. Applications for National Pollutant Discharge Elimination System (NPDES) permit to discharge to State waters. Northeast Region: Environmental Protection Manager, Water Management, 2 Public Square, Wilkes-Barre, PA 18711- 0790, (570) 826-2553. PA 0013676. Industrial waste, SIC: 5541, Pocono Auto/Truck Plaza, P. O. Box 98, Bartonsville, PA 18321. This proposed action is for renewal of an NPDES permit to discharge treated stormwater runoff into Pocono Creek in Hamilton Township, Monroe County. The receiving stream is classified for the following uses: High quality, cold water fishery, aquatic life, water supply and recreation. Effluent requirements for Outfall 001 were determined at the point of discharge. Daily Instantaneous Parameter Maximum (mg/l) Maximum (mg/l) Total Recoverable Petroleum Hydrocarbons monitor and report

The EPA waiver is in effect.

Southcentral Regional Office: Regional Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707. PA 0027014. Sewage, SIC: 4952, Altoona City Authority (Easterly Treatment Facility), 20 Greenwood Road, Altoona, PA 16602-7114. This application is for renewal of an NPDES permit for an existing discharge of treated sewage to the Little Juniata River, in Logan Township, Blair County. The receiving stream is classified for trout stocking fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was the United Water Company located in Dauphin County. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 8.0 mgd are: Average Average Maximum Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Daily (mg/l) Maximum (mg/l)

CBOD5 (5-1 to 10-31) 15 22 30 (11-1 to 4-30) 20 30 40 Total Suspended Solids 30 45 60 NH3-N (5-1 to 10-31) 2 4 (11-1 to 4-30) 3.5 7 Dissolved Oxygen (2-15 to 7-31) minimum of 6.0 at all times (8-1 to 2-14) minimum of 5.0 at all times pH from 6.0—9.0 inclusive Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average Total Phosphorus monitor and report Total Nitrogen monitor and report Total Copper 0.017 0.042 Total Zinc 0.108 0.270 Persons may make an appointment to review the DEP files on this case by calling Mary DiSanto, File Review Coordinator, at (717) 705-4732. The EPA waiver is not in effect.

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PA 0055123. Industrial waste, SIC: 4951, Borough of Bally Municipal Authority, P. O. Box 217, Bally, PA 19503. This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to an unnamed tributary of West Branch Perkiomen Creek, in Bally Borough, Berks County. The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was PSC Water Company located at the Green Lane Reservoir. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.15 mgd are: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) pH from 6.0—9.0 inclusive Total Suspended Solids monitor and report Chloroform 0.002 0.004 0.005 Methylene Chloride monitor and report 1,1,1-Trichloroethane monitor and report Trichloroethylene 0.003 0.006 0.007 Tetrachloroethylene 0.0007 0.0014 0.0017 Persons may make an appointment to review the DEP files on this case by calling Mary DiSanto, File Review Coordinator, at (717) 705-4732. The EPA waiver is in effect.

PA 0080225. Sewage, SIC: 4952, Washington Township Municipal Authority, 11102 Buchanan Trail East, Waynesboro, PA 17268. This application is for renewal of an NPDES permit for an existing discharge of treated sewage to East Branch Antietam Creek, in Washington Township, Franklin County. The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was Brunswick Mayor and Council located in Brunswick, Maryland. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 1.6 mgd are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)

CBOD5 25 40 50 Total Suspended Solids 30 45 60 NH3-N (5-1 to 10-31) 5.5 XXX 11 (11-1 to 4-30) 16.5 XXX 33 Total Residual Chlorine 0.5 XXX 1.6 Dissolved Oxygen minimum of 5.0 at all times pH from 6.0—9.0 inclusive Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 3,400/100 ml as a geometric average Total Nitrogen monitor and report Total Phosphorus monitor and report Persons may make an appointment to review the DEP files on this case by calling Mary DiSanto, File Review Coordinator, at (717) 705-4732. The EPA waiver is not in effect.

Northwest Regional Office: Regional Manager, Water Management, 230 Chestnut Street, Meadville, PA 16335, (814) 332-6942. PA 0102385. Sewage. Springfield Restaurant Group, Iron Bridge Inn, 1438 Perry Highway, Mercer, PA 16137-3738. This application is for renewal of an NPDES permit to discharge treated sewage to the Neshannock Creek in Springfield Township, Mercer County. This is an existing discharge. The receiving water is classified for the following uses: trout stocking fishes, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply considered during the evaluation is the Beaver Falls Municipal Authority intake on the Beaver River located at Eastvale, approximately 32 miles below point of discharge.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3643

The proposed effluent limits for Outfall No. 001, based on a design flow of 0.011 mgd, are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)

CBOD5 25 50 TSS 30 60 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 100,000/100 ml as a geometric average Total Residual Chlorine 1.5 3.5 pH 6.0—9.0 at all times The EPA waiver is in effect.

PA 0000329. Industrial waste, SIC: 4941. Pennsylvania American Water Company, Ellwood System, 2736 Ellwood Road, New Castle, PA 16107-7559. This application is for renewal of an NPDES permit, to discharge industrial waste to Slippery Rock Creek in Wayne Township, Lawrence County. This is an existing discharge. The receiving water is classified for the following uses: cold water fishes, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply considered during the evaluation is the Municipal Authority of the Township of North Sewickley on the Beaver River located at North Sewickley Township, approximately 9 miles below point of discharge. The proposed discharge limits, based on a design flow of 0.22 mgd, are: Outfall No. 001 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow (mgd) TSS 30 60 75 Iron 2.0 4.0 5.0 Aluminum 0.75 1.5 1.88 Manganese 1.0 2.0 2.5 Total Residual Chlorine 0.5 1.2 pH 6.0—9.0 at all times The proposed discharge limits, based on a design flow of 0.24 mgd, are: Outfall No. 002 Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow (mgd) TSS 30 60 75 Iron 2.0 4.0 5.0 Aluminum 0.75 1.5 1.88 Manganese 1.0 2.0 2.5 Total Residual Chlorine 0.5 1.2 pH 6.0—9.0 at all times The EPA waiver is in effect. NPDES Minor Renewals Southcentral Regional Office: Water Management Program, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707. NPDES Facility County and Tributary New Permit No. Name and Address Municipality Stream Requirements PA 0080799 Newburg-Hopewell Joint Authority Cumberland UNT to TRC Box 128 Newburg Borough Newburg Run Newburg, PA 17240

DISCHARGE OF CONTROLLED INDUSTRIAL Persons objecting on the grounds of public or private WASTE AND SEWERAGE WASTEWATER interest to the approval of an application or submitted Applications under the Pennsylvania Clean plan may file a written protest with the Department at Streams Law the address indicated above each permit application or (Part II Permits) plan. Each written protest should contain the fol- The following permit applications and requests for plan lowing: name, address and telephone number; identifica- approval have been received by the Department of Envi- tion of the plan or application to which the protest is ronmental Protection (Department). addressed; and a concise statement in sufficient detail to

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3644 NOTICES inform the Department of the exact basis of the protest WQM Permit No. 4399416. Sewage. Forrest Brooke and the relevant facts upon which it is based. The Mobile Home Park, 7266 West Market Street, Mercer, Department may conduct a fact-finding hearing or an PA 16137. This project is for the expansion of an existing informal conference in response to any given protest. sewage treatment plant to serve a mobile home park in Each commentator will be notified in writing of the time Lackawannock Township, Mercer County. and place if a hearing or conference concerning the plan, action or application to which the protest relates is held. WQM Permit No. 2599410. Sewage. Edinboro Uni- To insure consideration by the Department prior to final versity of Pennsylvania, Earlley Hall, Edinboro, PA action on permit applications and proposed plans, initial 16444. This project is for the installation of a single pump protests and additions or amendments to protests already station to replace two existing pump stations in the filed should be filed within 15 calendar days from the Borough of Edinboro, Erie County. date of this issue of the Pennsylvania Bulletin. A copy of WQM Permit No. 4399415. Sewage. Werner Com- each permit application and proposed plan is on file in pany, Greenville Division, 93 Werner Road, Greenville, the office indicated and is open to public inspection. PA 16125-9499. This project is for modifications to an Persons with a disability who wish to attend the existing wastewater treatment plant in Sugar Grove hearing and require an auxiliary aid, service or other Township, Mercer County. accommodation to participate in the proceeding should INDIVIDUAL PERMITS contact the Secretary to the Board at (717) 787-3483. TDD users may contact the Department through the (PAS) Pennsylvania AT&T Relay Service at (800) 654-5984. NPDES Individual Applications received for industrial waste and sewage under The Clean Streams Law (35 P. S. The following parties have applied for an NPDES §§ 691.1—691.1001). permit to discharge stormwater from a proposed construction activity into the surface waters of this Common- Southcentral Regional Office: Water Management Pro- wealth. Unless otherwise indicated on the basis of pre- gram Manager, 909 Elmerton Avenue, 2nd Floor, Harris- liminary review and application of lawful standards and burg, PA 17110-8200, (717) 705-4707. Persons who wish to regulations, the Department of Environmental Protection review any of these applications should contact Mary (Department) proposes to issue a permit to discharge, DiSanto, at (717) 705-4732. subject to certain effluent limitations set forth in the A. 2199404. Sewage, submitted by Township of East permit and special conditions. The proposed determina- Pennsboro, 98 South Enola Drive, Enola, PA 17025- tions are tentative. Limitations are provided in the 2976, East Pennsboro Township, Cumberland County permit as erosion and sedimentation control measures to construct a trunk sewer interceptor along Holtz Run/ and facilities which restrict the rate and quantity of Magaro Road was received in the Southcentral Region on sediment discharged. June 8, 1999. Where indicated, the EPA, Region III, Regional Admin- A. 0699405. Sewage, submitted by Kevin W. Ernst, istrator has waived the right to review or object to this 35 Ridge Drive, Fleetwood, PA 19522, Alsace Township, proposed permit action under the waiver provision of 40 Berks County to construct a wastewater treatment CFR 123.24(d). facility was received in the Southcentral Region on June 14, 1999. Persons wishing to comment on the proposed permit are invited to submit a statement to the office noted Southwest Regional Office: Water Management Program above the application within 30 days from the date of this Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- public notice. Comments reviewed within this 30-day 4745. period will be considered in the formulation of the final A. 0399402. Sewerage. Shannock Valley General determinations regarding this application. Responses Services Authority, P. O. Box 157, Yatesboro, PA 16263. should include the name, address and telephone number Application for the construction and operation of the of the writer and a concise statement to inform the Numine Wastewater Treatment Plant located in Department of the exact basis of a comment and the Cowanshannock Township, Armstrong County. relevant facts upon which it is based. A public hearing may be held if the responsible office considers the public A. 0399403. Sewerage. Shannock Valley General response significant. Services Authority, P. O. Box 157, Yatesboro, PA 16263. Application for the construction and operation of the Following the 30-day comment period, the Water Man- Yatesboro Wastewater Treatment Plant located in agement Program Manager will make a final determina- Cowanshannock Township, Armstrong County. tion regarding the proposed permit. Notice of this deter- A. 0499403. Sewerage. Jack Schweiger, 259 Church mination will be published in the Pennsylvania Bulletin Road, Fombell, PA 16123. Application for the construction at which time this determination may be appealed to the and operation of a small flow sewage treatment plant to Environmental Hearing Board. serve the Schweiger Residence located in Franklin Town- The application and related documents, including the ship, Beaver County. erosion and sedimentation control plan for the construc- A. 6399405. Sewerage. Cecil Township Municipal tion activity, are on file and may be inspected at the office Authority, 3655 Millers Run Road, Cecil, PA 15321. noted above the application. Application for the construction and operation of the Persons with a disability who wish to attend the Georgetown Estates Phase VI Pump Station located in hearing and require an auxiliary aid, service or other Cecil Township, Washington County. accommodation to participate in the proceedings, should Northwest Regional Office: Regional Water Management contact the specified program. TDD users may contact the Program Manager, 230 Chestnut Street, Meadville, PA Department through the Pennsylvania AT&T Relay Ser- 16335-3481, (814) 332-6942. vice at (800) 654-5984.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3645

Southeast Regional Office: Regional Water Management stormwater from a construction activity located in Patton Program Manager, Lee Park, Suite 6010, 555 North Lane, Township, Centre County to UNT to Buffalo Run. Conshohocken, PA 19428-2233, (610) 832-6130. Southwest Regional Office: Regional Water Management NPDES Permit No. PAS10-G369. Stormwater. Rob- Program Manager, 400 Waterfront Drive, Pittsburgh, PA ert H. and Elizabeth W. Hodge, 1007 Appleville Road, 15222-4745, (412) 442-4000. West Chester, PA 19380, has applied to discharge stormwater from a construction activity located in East NPDES Permit PAS106109. Stormwater. The Brandywine Township, Chester County, to Unnamed Confluence Borough Municipal Authority,P.O.Box Tributary to East Branch Brandywine Creek. 6, Confluence, PA 15424, has applied to discharge water from a construction activity located in Addison Township, Northeast Regional Office: Regional Water Management Confluence Borough and Lower Turkeyfoot Township, Program Manager, 2 Public Square, Wilkes-Barre, PA Somerset County to Casselman River, Drake Run and 18711-0790, (570) 826-2511. Youghiogheny River. Monroe County Conservation District, District Manager, 8050 Running Valley Road, Stroudsburg, PA 18360, (570) SAFE DRINKING WATER 629-3060. Applications received under the Pennsylvania Safe NPDES Permit PAS10S019-R. Stormwater. Country Drinking Water Act (35 P. S. §§ 721.1—721.17). Club of the Poconos at Big Ridge, Mid Monroe Development Corp., P. O. Box 447, Route 209, Bushkill, Southeast Regional Office: Sanitarian Regional Man- PA 18324, has applied to discharge stormwater from a ager, Lee Park, Suite 6010, 555 North Lane, construction activity located in Middle Smithfield Town- Conshohocken, PA 19428-2233, (610) 832-6130. ship, Monroe County, to Bushkill Creek, Long Shore Creek, and UNT to Pond Creek. A. 1599509. Public water supply. Modern Mushroom Farms, Inc., 1330 Newark Road, Toughkenamon, PA Lehigh County Conservation District, District Manager, 19374. This proposal involves the installation of a nitrate Lehigh Ag. Ctr., Ste. 102, 4184 Dorney Park Road, removal system to be added to the existing water treat- Allentown, PA 18104. ment facilities in New Garden Township, Chester NPDES Permit PAS10Q176. Stormwater. Jaindl County. Land Company, David Jaindl, 3150 Coffeetown Road, A. 1599508. Public water supply. Warwick Water Orefield, PA 18069, has applied to discharge stormwater Works, Inc., 200 Bethlehem Drive, Suite 201, New from a construction activity located in Lower Macungie Morgan, PA 19543. This proposal involves the installation Township, Lehigh County, to Little Lehigh Creek. of a pH adjustment system and a phosphate inhibitor and Southcentral Regional Office: Regional Water Manage- permitting of St. Peter’s Village existing public water ment Program Manager, 909 Elmerton Avenue, Harris- supply system in Warwick Township, Chester County. burg, PA 17110-8200, (717) 657-4707. Bureau of Water Supply Management: Division of Dauphin County Conservation District, District Man- Drinking Water Management, 400 Market Street, Harris- ager, 1451 Peters Mountain Road, Dauphin, PA 17018, burg, PA 17105. Contact: Godfrey C. Maduka, (717) (717) 921-8100. 787-9037. NPDES Permit PAS-10-I016-1. Stormwater. A. 9996478. Culligan Water of Akron, 31 Lewis McNaughton Homes, 1800 Linglestown Road, Suite Road, Akron, NY 14001, Charles E. Keepler, Jr., Presi- 201, Harrisburg, PA 17110, has applied to discharge dent. Applicant requests Department approval to sell stormwater from a construction activity located in bottled water in Pennsylvania under the brand name Susquehanna Township, Dauphin County, to Paxton Culligan Drinking Water. Creek. A. 9996217. Great Spring Waters of America, Inc., Franklin County Conservation District, District Man- P. O. Box 499, Poland Spring, Maine 04274, Kristin ager, 550 Cleveland Avenue, Chambersburg, PA 17201, Tardiff, Eastern Region Water Resources Manager. Appli- (717) 264-8074. cant requests Department approval for a major permit NPDES Permit PAS-10-M034-R. Stormwater. Jef- amendment to use new wells nos. 9 and 10 at their ferson & Eastern, 8730 Fox Gap Road, Middletown, MD Poland Spring bottling facility in Poland Spring, Maine. 21769, has applied to discharge stormwater from a con- The following bottled water brands will be marketed in struction activity located in Antrim Township, Franklin Pennsylvania: Poland Spring Natural Spring Water, Po- County, to Muddy Run. land Spring Sparkling Spring Water, Deer Park Spring NPDES Permit PAS-10-M051-R. Stormwater. Water, Deer Park Distilled Water, Ice Mountain Spring Preston E. and Patricia A. Deardorff Sr., 8961 Antrim Water, Great Bear Natural Spring Water and Poland Church Road, Greencastle, PA 17225, has applied to Spring Distilled Water. discharge stormwater from a construction activity located Southwest Regional Office: Regional Manager, Water in Antrim Township, Franklin County,toUNTto Supply Management, 400 Waterfront Drive, Pittsburgh, PA Muddy Run. 15222-4745, (412) 442-4000. Northcentral Regional Office: Regional Water Manage- 0399503. Manor Township Joint Municipal Au- ment Program Manager, 208 West 3rd Street, Suite 101, thority, 2130 Pleasant View Drive, Ford City, PA 16226. Williamsport, PA 17701, (570) 327-3574. Development of Well No. 4 to augment existing Wells Centre County Conservation District, 414 Holmes Av- Nos. 1, 2 and 3 serving Manorville Borough, Armstrong enue, Suite 4, Bellefonte, PA 16823, (814) 355-6817. County. NPDES Permit PAS10f077. Stormwater. David L. 1199502. Borough of Lilly, 602 Evergreen Street, Nevins, Cambridge Crossing Subdivision, 671 Boalsburg Lilly, PA 15938. Development of Well No. 2A serving Road, Boalsburg, PA 16827, has applied to discharge Washington Township, Cambria County.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3646 NOTICES

LAND RECYCLING AND Southeast Regional Office: Environmental Cleanup Pro- gram Manager, Lee Park, Suite 6010, 555 North Lane, ENVIRONMENTAL REMEDIATION Conshohocken, PA 19428, (610) 832-5950. Under Act 2, 1995 Wonder Chemical Corporation, Falls Township, Bucks County. Cliff Harper, Harper Environmental Preamble 1 Associates, Inc., 1811 Hale Hollow Road, Bridgewater Corners, VT 05035, has submitted a Notice of Intent to Acknowledgment of Notices of Intent to Remediate Remediate site soil contaminated with chlorides and submitted under the Land Recycling and Envi- groundwater contaminated with chlorides and solvents. ronmental Remediation Standards Act (35 P. S. The applicant proposes to remediate the site to meet §§ 6026.101—6026.908). site-specific standards. A summary of the Notice of Intent to Remediate was reported to have been published in the Sections 302, 303, 304 and 305 of the Land Recycling Bucks County Courier Times on June 11, 1999. and Environmental Remediation Standards Act (act) require the Department of Environmental Protection (De- Elizabeth Gardner and Mary Lynn Stephan Resi- partment) to publish in the Pennsylvania Bulletin an dences, New Hope Borough, Bucks County. Brian R. acknowledgment noting receipt of any Notices of Intent to Evans, Hydrocon Services, Inc., 2945 South Pike Avenue, Remediate. An acknowledgment of the receipt of a Notice Allentown, PA 18103, has submitted a Notice of Intent to of Intent to Remediate identifies a site where a person Remediate site soil contaminated with BTEX and proposes to, or has been required to, respond to a release polycyclic aromatic hydrocarbons. The applicant proposes of a regulated substance at a site. Persons intending to to remediate the site to meet the Statewide health use the background standard, Statewide health standard, standard. A summary of the Notice of Intent to Remediate the site-specific standard, or who intend to remediate a was reported to have been published in The Intelligencer site as a special industrial area, must file a Notice of Record on May 19, 1999. Intent to Remediate with the Department. A Notice of 2900 Samuel Drive Site, Bensalem Township, Bucks Intent to Remediate filed with the Department provides a County. Darryl D. Borrelli, Manko, Gold & Katcher, LLP, brief description of the location of the site, a list of known Suite 500, 401 City Avenue, Bala Cynwyd, PA 19004, has contaminants at the site, the proposed remediation mea- submitted a Notice of Intent to Remediate site soil and sures for the site and a description of the intended future groundwater contaminated with lead, heavy metals, use of the site. A person who demonstrates attainment of BTEX, petroleum hydrocarbons and polycyclic aromatic one, or a combination of the cleanup standards, or who hydrocarbons. The applicant proposes to remediate the receives approval of a special industrial area remediation site to meet Statewide health and site-specific standards. identified under the act, will be relieved of further A summary of the Notice of Intent to Remediate was liability for the remediation of the site for any contamina- reported to have been published in the Bucks County tion identified in reports submitted to and approved by Courier Times on June 4, 1999. the Department. Furthermore, the person shall not be subject to citizen suits or other contribution actions Northeast Regional Field Office: Joseph Brogna, Re- brought by responsible persons not participating in the gional Environmental Cleanup Program Manager, 2 Pub- remediation. lic Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511. Former Penn Reed & Harness Factory, City of Under sections 304(n)(1)(ii) and 305(c)(2) of the act, Allentown, Lehigh County. Doug Sammak, President, there is a 30-day public and municipal comment period American Analytical and Environmental, Inc., 738 Front for sites proposed for remediation using a site-specific Street, Catasauqua, PA 18032, has submitted a Notice of cleanup standard, in whole or in part, and for sites Intent to Remediate (on behalf of his client, Ruth Burchill remediated as a special industrial area. This period Forrest, Penn Reed & Harness, 119 South Aubrey Street, begins when a summary of the Notice of Intent to Allentown, PA 18103) concerning the remediation of site Remediate is published in a newspaper of general circula- soils found to have been contaminated with lead. The tion in the area of the site. For the sites identified as applicant proposes to remediate the site to meet the proposed for remediation to a site-specific standard or as Statewide health standard. A summary of the Notice of a special industrial area, the municipality, within which Intent to Remediate was published in The Morning Call the site is located, may request to be involved in the on June 9, 1999. development of the remediation and reuse plans for the site if the request is made within 30 days of the date Robert Morgan Residence, City of Allentown, specified. During this comment period the municipality Lehigh County. Doug Sammak, President, American may request that the person identified as the remediator Analytical and Environmental, Inc., 738 Front Street, of the site, develop and implement a public involvement Catasauqua, PA 18032, has submitted a Notice of Intent plan. Requests to be involved, and comments, should be to Remediate (on behalf of Robert Morgan, 127 South directed to the remediator of the site. Aubrey Street, Allentown, PA 18103) concerning the remediation of site soils found to have been contaminated For further information concerning the content of a with lead. The applicant proposes to remediate the site to Notice of Intent to Remediate, contact the Environmental meet the Statewide health standard. A summary of the Cleanup Program Manager in the Department’s Regional Notice of Intent to Remediate was published in The Office under which the notice appears. If information Morning Call on June 9, 1999. concerning this acknowledgment is required in an alternative form, contact the Community Relations Coordina- Eli J. Deily, Jr. Residence, City of Allentown, tor at the appropriate Regional Office listed. TDD users Lehigh County. Doug Sammak, President, American may telephone the Department through the AT&T Relay Analytical and Environmental, Inc., 738 Front Street, Service at (800) 654-5984. Catasauqua, PA 18032, has submitted a Notice of Intent to Remediate (on behalf of Eli J. Deily, Jr., 115 South The Department has received the following Notices of Aubrey Street, Allentown, PA 18103) concerning the Intent to Remediate: remediation of site soils found to have been contaminated

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3647 with lead. The applicant proposes to remediate the site to RESIDUAL WASTE PROCESSING FACILITIES meet the Statewide health standard. A summary of the Notice of Intent to Remediate was published in The Application received under the Solid Waste Man- Morning Call on June 9, 1999. agement Act (35 P. S. §§ 6018.101—6018.1003); the Municipal Waste Planning, Recycling and Waste Tami J. Van Horn Residence, City of Allentown, Reduction Act (53 P. S. §§ 4000.101—4000.1904); Lehigh County. Doug Sammak, President, American and the residual waste regulations for a general Analytical and Environmental, Inc., 738 Front Street, permit to operate residual waste processing fa- Catasauqua, PA 18032, has submitted a Notice of Intent cilities and the beneficial use of residual waste to Remediate (on behalf of Tami J. Van Horn, 117 South other than coal ash. Aubrey Street, Allentown, PA 18103) concerning the remediation of site soils found to have been contaminated Central Office: Division of Municipal and Residual with lead. The applicant proposes to remediate the site to Waste, 14th Floor, Rachel Carson State Office Building, meet the Statewide health standard. A summary of the 400 Market Street, Harrisburg, PA 17101-2301. Notice of Intent to Remediate was published in The Morning Call on June 9, 1999. General Permit Application No. WMGR062. Gemark Service Corp., 99 Stevens Lane, Exeter, PA Northcentral Regional Office: Michael C. Welch, Envi- 18643. General Permit No. WMGR062 for processing ronmental Cleanup Program Manager, 208 West Third silver bearing films and sludges through washing and Street, Suite 101, Williamsport, PA 17701-6448, (570) calcining to recover silver. The Department accepted the 321-6525. application as administratively complete on June 22, 1999. Comments concerning the application should be Lock Haven University of Pennsylvania—Former directed to Ronald C. Hassinger, Chief, General Permits KCSD Vocational Agriculture Center and Athletic and Beneficial Use Section, Division of Municipal and Fields, City of Lock Haven, Clinton County. Seth E. Residual Waste, Bureau of Land Recycling and Waste Narehood, Converse Consultants, 2738 West College Av- Management, P. O. Box 8472, Harrisburg, PA 17105-8472. enue, State College, PA 16801, on behalf of his client, Persons interested in obtaining more information about Lock Haven University of Pennsylvania has submitted a the general permit application may contact the Division Notice of Intent to Remediate soil contaminated with at (717) 787-7381. TDD users may contact the Depart- heavy metals. The applicant proposes to remediate the ment through the Pennsylvania Relay Service, (800) site to meet the background standard. A summary of the 654-5984. Public comments must be submitted within 60 Notice of Intent to Remediate was reported to have been days of this notice and may recommend revisions to, and published in the Lock Haven Express on May 21, 1999. approval or denial of the application. Abandoned Garnier Portfolio Site, City of Sunbury, PREVIOUSLY UNPERMITTED CLASS OF SPECIAL Northumberland County. James F. Mallison, P.G., Rus- HANDLING WASTE sell Environmental Services, Inc., 504 Fair Street SW, Atlanta, GA 30313, on behalf of his client, Coca-Cola INFECTIOUS OR CHEMOTHERAPEUTIC WASTE Enterprises, Inc., has submitted a Notice of Intent to Applications received under the Solid Waste Man- Remediate soil contaminated with lead, heavy metals, agement Act (35 P. S. §§ 6018.101—6018.1003), the solvents and PAHs. The applicant proposes to remediate Infectious and Chemotherapeutic Waste Law (35 the site to meet the Statewide health standard. A sum- P. S. §§ 6019.1—6019.6), and regulations for license mary of the Notice of Intent to Remediate was reported to to transport infectious and chemotherapeutic have been published in The Daily Item on June 11, 1999. waste. SOLID AND HAZARDOUS WASTE Bureau of Land Recycling and Waste Management: BENEFICIAL USE DETERMINATIONS Division of Hazardous Waste Management, P. O. Box 8471, Harrisburg, PA 17105-8471. Beneficial Use Determinations received under the Carlos Express Corp., 157 Coddington Street, Solid Waste Management Act (35 P. S. Rahway, NJ 07065; Carlos Ruano, President; application §§ 6018.101—6018.1003) and the regulations for received June 7, 1999. municipal and residual waste. AIR QUALITY Regional Office: Regional Solid Waste Manager, 555 Notice of Plan Approval and Operating Permit North Lane, Suite 6010, Lee Park, Conshohocken, PA Applications 19428. Nonmajor Sources and Modifications The Southeast Regional Office received written notice The Department of Environmental Protection (Depart- from Longview Development L.P. to use coal ash as structural fill under 25 Pa. Code § 287.661. The 31.52 ment) has developed an integrated plan approval, State acre project, entitled Phoenixville Town Center,is operating permit and Title V operating permit program. located on State Route 23 in the Borough of Phoenixville This integrated approach is designed to make the permit- and Schuylkill Township. Approximately 18,000 cubic ting process more efficient for the Department, the regu- yards of coal ash is projected to be utilized as structural lated community and the public. This approach allows the fill on the site, either directly or in mixture with other owner or operator of a facility to complete and submit all structural fill material. Final site development will con- the permitting documents relevant to its application one sist of a retail shopping center and associated parking time, affords an opportunity for public input and provides areas. This notification is being placed to comply with the for sequential issuance of the necessary permits. Department’s requirement to publish a summary of the The Department has received applications for plan written notice received prior to the beneficial use of coal approvals and/or operating permits from the following ash as structural fill. The required written notice was facilities. Although the sources covered by these applica- received on June 14, 1999. tions may be located at a major facility, the sources being

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3648 NOTICES installed or modified do not trigger major new source Interested persons may submit written comments, sug- review or prevention of significant deterioration require- gestions or objections concerning the proposed Title V ments. permit to the regional office within 30 days of publication Copies of these applications, subsequently prepared of this notice. Written comments submitted to the Depart- draft permits, review summaries and other support mate- ment during the 30-day public comment period shall rials are available for review in the Regional Offices include the name, address and telephone number of the identified in this notice. Persons interested in reviewing person submitting the comments, along with the refer- the application files should contact the appropriate re- ence number of the proposed permit. The commentator gional office to schedule an appointment. should also include a concise statement of objections to the permit issuance and the relevant facts upon which Persons wishing to file protests or comments on the the objections are based. proposed plan approval and/or operating permits must submit the protest or comment within 30 days from the The Department reserves the right to hold a public date of this notice. Interested persons may also request hearing on the proposed action based upon the informa- that a hearing be held concerning the proposed plan tion received during the public comment period and will approval and operating permit. Comments or protests provide notice of any scheduled public hearing at least 30 filed with the Department’s Regional Offices must include days in advance of the hearing. The hearing notice will be a concise statement of the objections to the issuance of published in the Pennsylvania Bulletin and a newspaper the plan approval or operating permit and relevant facts of general circulation where the facility is located. which serve as the basis for the objections. If the Southcentral Regional Office: Air Quality Program, 909 Department schedules a hearing, a notice will be pub- Elmerton Avenue, Harrisburg, PA 17110, Attn: Kanubhai lished in the Pennsylvania Bulletin at least 30 days prior L. Patel, (717) 705-4702. to the date of the hearing. 31-05005: Containment Solutions, Inc. (U. S. 522 Final plan approvals and operating permits will contain South, Mount Union, PA 17066-0299), located in Shirley terms and conditions to ensure that the source is con- Township, Huntingdon County. The facility is a fiber- structed and operating in compliance with applicable glass reinforced plastic tank manufacturer. The operation requirements in 25 Pa. Code Chapters 121—143, the primarily emits volatile organic compounds (VOC) and Federal Clean Air Act and regulations adopted under the hazardous air pollutants (HAP). act. 67-05026: DONSCO, Inc. (P. O. Box 2001, OPERATING PERMITS Wrightsville, PA 17368), located in Wrightsville Borough, York County. The facility is a gray iron foundry and Applications received and intent to issue Operating primarily emits carbon monoxide (CO). Permits under the Air Pollution Control Act (35 P. S. §§ 4001—4015). 22-05005: Statoil Energy Power Paxton (Harrisburg Steam Works, 100 North Tenth Street, Harrisburg, PA Southcentral Regional Office: Air Quality Program, 909 17105), located in City of Harrisburg, Dauphin County. Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. The facility’s major sources of emissions include four 36-308-068B: J. Walter Miller Co. (411-427 East boilers and two engine-generators which primarily emit Chestnut Street, Lancaster, PA 17602), for operation of a NOx. foundry sand system controlled by a fabric filter in 67-05022: Leisters Furniture, Inc. (433 Ridge Av- Lancaster City, Lancaster County. enue, Hanover, PA 17331), located in Hanover Borough, 36-308-085: J. Walter Miller Co. (411-427 East Chest- York County. The facility manufactures wood tables and nut Street, Lancaster, PA 17602), for operation of an other residential wood furniture. The operations primarily automatic molding line system controlled by a fabric emit volatile organic compounds (VOCs) and hazardous collector in Lancaster City, Lancaster County. air pollutants (HAPs). Southwest Regional Office: Air Quality Program, 400 PLAN APPROVALS Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- Applications received and intent to issue Plan Ap- 4174. provals under the Air Pollution Control Act (35 OP-63-00540: Box USA (10 Wilson Road, Eighty Four, P. S. §§ 4001—4015). PA 15330), for operation of corrugated box manufacturing at Corrugated Container in North Strabane Township, Southcentral Regional Office: Air Quality Program, 909 Washington County. Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. 07-05001B: Appleton Papers, Inc. (100 Paper Mill Notice of Intent to Issue Title V Operating Permits Road, Roaring Spring, PA 16673), for modification of the Under 25 Pa. Code § 127.521, notice is given that the bleach plant operation, controlled by a packed column wet Department of Environmental Protection (Department) scrubber, at the Spring Mill in Roaring Spring Borough, intends to issue a Title V Operating Permit to the Blair County. This source is subject to 40 CFR 63, following facilities. These facilities are major facilities Subpart S, National Emission Standards for Hazardous subject to the operating permit requirements under Title Air Pollutants: Pulp and Paper Production. V of the Federal Clean Air Act and 25 Pa. Code Chapter Northcentral Regional Office: Air Quality Program, 208 127, Subchapters F and G (relating to operating permit West Third Street, Suite 101, Williamsport, PA 17701, requirements; and Title V operating permits). (570) 327-3637. Appointments to review copies of the Title V applica- 19-317-022A: Perdue Specialty Feeds, Inc. (P. O. tion, proposed permit and other relevant information Box 1537, Salisbury, MD 21802-1537), for installation of must be made by contacting Records Management at the an air cleaning device (a high efficiency cyclone) on a fish regional office telephone number noted. For additional food pellet dryer in Catawissa Borough, Columbia information, contact the regional office noted. County.

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OP-18-0005A: International Paper Co. (P. O. Box tions, restrictions on discharge volume or restrictions on 268, Lock Haven, PA 17745), for installation of air the extent of mining which may occur will be incorpo- cleaning devices (flue gas recirculation systems) on two rated into a mining activity permit when necessary for spreader stoker bituminous coal-fired boilers (Boilers 1 compliance with water quality standards (in accordance and 2) in Castanea Township, Clinton County. with 25 Pa. Code Chapters 93 and 95). Persons or Southwest Regional Office: Air Quality Program, 400 agencies which have requested review of the NPDES Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- permit requirements for a particular mining activity 4174. within the above-mentioned public comment period will be provided with a 30-day period to review and submit PA-56-272A: Future Industries, Inc. (P. O. Box 157, comments on those requirements. Meyersdale, PA 15552), for installation of a coal crushing facility at Joepa Strip Mine in Summit Township, Written comments or objections should contain the Somerset County. name, address and telephone number of persons submitting comments or objections; application number; and a PA-30-072C: Consol Pennsylvania Coal Co. (1800 statement of sufficient detail to inform the Department Washington Road, Pittsburgh, PA 15241), for installation on the basis of comment or objection and relevant facts of coal prep plant/thermal dryers at Bailey Prep Plant in upon which it is based. Requests for an informal confer- Richhill Township, Greene County. ence must contain the name, address and telephone PA-63-110C: Corning Consumer Products Co. (100 number of requestor; application number; a brief sum- 8th Street, Charleroi, PA 15022), for installation of glass mary of the issues to be raised by the requestor at the melting tank 56 at Charleroi Plant in Charleroi Borough, conference; and a statement whether the requestor de- Washington County. sires to have the conference conducted in the locality of the proposed mining activities. MINING Ebensburg District Office, 437 South Center Street, P. O. APPLICATIONS TO CONDUCT COAL AND Box 625, Ebensburg, PA 15931-0625. NONCOAL ACTIVITIES Coal Applications Received Applications under the Surface Mining Conservation and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the 56940105. Permit Renewal, Action Mining, Inc. Noncoal Surface Mining Conservation and Reclamation (1117 Shaw Mines Road, Meyersdale, PA 15552), com- Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 mencement, operation and restoration of bituminous strip P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con- mine in Summit and Elk Lick Townships, Somerset trol Act (52 P. S. §§ 30.51—30.66); The Bituminous Mine County, affecting 108.0 acres, receiving stream unnamed Subsidence and Land Conservation Act (52 P. S. tributaries to/and Casselman River. Application received §§ 1406.1—1406.21). Mining activity permits issued in June 23, 1999. response to the applications will also address the appli- Greensburg District Office, R. D. 2, Box 603-C, cable permitting requirements of the following Greensburg, PA 15601. statutes: the Air Pollution Control Act (35 P. S. §§ 4001— 4015); the Dam Safety and Encroachments Act (32 P. S. 03990104. Reichard Contracting, Inc. (R. D. 3, New §§ 693.1—693.27); and the Solid Waste Management Act Bethlehem, PA 16242). Application received for com- (35 P. S. §§ 6018.101—6018.1003). mencement, operation and reclamation of a bituminous surface mine/coal preparation plant/processing facility lo- The following permit applications to conduct mining cated in Wayne Township, Armstrong County, affecting activities have been received by the Department of Envi- 11.1 acres. Receiving streams: two unnamed tributaries ronmental Protection (Department). A copy of the applica- to North Branch to North Branch to Southfork Pine tion is available for inspection at the District mining Creek to Pine Creek to the Allegheny River; one unnamed office indicated above each application. Where a 401 tributary to Glade Run to Glade Run to Mahoning Creek water quality certification is needed for any aspect of a to the Allegheny River. Application received: June 18, particular proposed mining activity, the submittal of the 1999. permit application will serve as the request for the certification. 63803009. Robinson Coal Company (200 Neville Road, Pittsburgh, PA 15225). Application received to Written comments or objections, or requests for infor- change the postmining land use from forestland to mal conferences on applications, may be submitted by any pastureland or land occasionally cut for hay at a bitumi- person or any officer or head of any Federal, State or nous surface/auger mine located in Robinson Township, local government agency or authority to the Department Washington County, affecting 215.5 acres. Receiving at the same address within 30 days of this publication, or streams: unnamed tributary to Robinson Run to within 30 days after the last publication of the applicant’s Robinson Run to Ohio River; also, Little Raccoon Run to newspaper advertisement, as provided by 25 Pa. Code Raccoon Creek to the Ohio River. Application §§ 77.121—77.123 and 86.31—86.34 (relating to public received: June 23, 1999. notices of filing of permit applications, opportunity for comment, and informal conferences). 63940103R. Twilight Industries (212 State Street, Belle Vernon, PA 15012). Renewal application received for Where any of the mining activities listed will have continued reclamation of a bituminous surface mine discharges of wastewater to streams, the Department will located in Somerset Township, Washington County, incorporate NPDES permits into the mining activity affecting 51.0 acres. Receiving streams: unnamed tribu- permits issued in response to these applications. The tary to Pigeon Creek. Renewal application received: June NPDES permits will contain, at a minimum, technology- 28, 1999. based effluent limitations (as described in the Depart- ment’s regulations—25 Pa. Code §§ 77.522, 87.102, 88.92, 03830116R. Walter L. Houser Coal Co., Inc. (R. R. 9, 88.187, 88.242, 89.52 and 90.102) for iron, manganese, Box 434, Kittanning, PA 16201). Renewal application suspended solids, settleable solids, alkalinity and pH. In received for continued operation and reclamation of a addition to the above, more restrictive effluent limita- bituminous surface mine located in Kittanning Township,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3650 NOTICES

Armstrong County, affecting 812.0 acres. Receiving and Butler Townships, Schuylkill County affecting streams: unnamed tributaries to Mill Run and Mill Run. 447.6 acres, receiving stream—Mahanoy Creek. Applica- Renewal application received: June 28, 1999. tion received June 21, 1999. Knox District Office, P. O. Box 669, Knox, PA 16232. Knox District Office, P. O. Box 669, Knox, PA 16232. 33830102. Cookport Coal Company, Inc. (425 Mar- Noncoal Applications Received ket Street, Kittanning, PA 16201). Renewal of an existing 300360-33950303-E-1. Southdown, Inc. (1200 Smith bituminous surface strip and auger operation in Perry Street, Suite 2400, Houston, TX 77002). Application for a and Oliver Townships, Jefferson County, affecting 505.0 stream encroachment to construct and maintain a haul acres. Receiving streams: three unnamed tributaries to road crossing over unnamed tributary No. 1 to McKee Big Run to Little Sandy Creek to Redbank Creek. Run, along with mining and support activities, maintain- Application for reclamation only. Application received ing a 25 foot barrier on the stream except where the June 22, 1999. outslope of sediment pond A will encroach within the 16940104. Cookport Coal Company, Inc. (425 Mar- buffer zone in Shenango and Taylor Townships, ket Street, Kittanning, PA 16201). Renewal of an existing Lawrence County. Receiving streams: unnamed tribu- bituminous surface strip operation in Toby Township, taries to McKee Run and McKee Run. Application re- Clarion County, affecting 28.4 acres. Receiving ceived June 25, 1999. streams: one unnamed tributary to Cherry Run to Lick- Pottsville District Office, 5 West Laurel Boulevard, ing Creek to the Clarion River. Application for reclama- Pottsville, PA 17901-2454. tion only. Application received June 22, 1999. 40960304T. Pacton Corporation (46 Public Square, 33890110. Hepburnia Coal Company (P. O. Box I, Suite 600, Wilkes-Barre, PA 18701), transfer of an exist- Grampian, PA 16838). Renewal of an existing surface ing quarry operation from Pork Properties, Inc. in Plains strip and auger operation in Snyder Township, Jefferson Township, Luzerne County affecting 71.9 acres, receiv- County, affecting 223.0 acres. Receiving streams: two ing stream—none. Application received June 15, 1999. unnamed tributaries to Little Toby Creek and unnamed tributaries of Curry Run and Curry Run, all to Little 50940301C. Fred D. Thebes & Sons, Inc. (R. R. 2, Toby Creek to the Clarion River to the Allegheny River. Box 555, New Bloomfield, PA 17068), correction to an Application for reclamation only. Application received existing quarry operation in Centre Township, Perry June 23, 1999. County affecting 13.0 acres, receiving stream—unnamed tributary to Little Juniata Creek. Application received McMurray District Office, 3913 Washington Road, June 15, 1999. McMurray, PA 15317. 7174SM1C2. Hempt Bros., Inc. (205 Creek Road, 03841302. Canterbury Coal Co. (R. D. 1, Box 119, Camp Hill, PA 17011), correction to an existing quarry Avonmore, PA 15618), to revise the permit for the David operation in Steelton Borough and Swatara Township, and Dianne Mine in Kiskiminetas Township, Armstrong Dauphin County affecting 213.27 acres, receiving County to add 16,176 acres to the underground permit stream—Susquehanna River. Application received June area, no additional discharges. Application received May 22, 1999. 17, 1999. 6476SM19T. David H. Martin Excavating, Inc. 03870701. TJS Mining, Inc. (R. D. 1, Box 260D, (4961 Cumberland Highway, Chambersburg, PA 17201), Shelocta, PA 15774), to renew the permit for the CRD No. transfer of an existing quarry operation from Lester G. 2 Mine in Plumcreek Township, Armstrong County to Crider and addition of NPDES Permit No. PA0224006 in revise and to add 60.5 acres, Dutch Run. Application Greene Township, Cumberland County affecting 19.0 received June 3, 1999. acres, receiving stream—unnamed tributary to Rocky Spring Branch of Back Creek. Application received June 30831303. Cyprus Cumberland Resources Corp. 21, 1999. (145 Elm Drive, Waynesburg, PA 15370), to revise the permit for the Cumberland Mine in Whiteley Township, APPLICATIONS RECEIVED UNDER Greene County to add No. 7A shaft site, unnamed SECTION 401: FEDERAL WATER tributary to Dyers Fork. Application received June 17, POLLUTION CONTROL ACT 1999. ENCROACHMENTS Pottsville District Office, 5 West Laurel Boulevard, Pottsville, PA 17901-2454. The following Dam Safety and Encroachment permit applications, requests for Environmental Assessment ap- 54840101R3. Lensco Corp. (313 Pottsville Street, proval and requests for water quality certification have Minersville, PA 17954), renewal of an existing anthracite been received by the Department of Environmental Pro- surface mine operation in Tremont Township, Schuylkill tection (Department). Section 401(a) of the Federal Water County affecting 222.0 acres, receiving stream—Lorberry Pollution Control Act (33 U.S.C.A. § 1341(a)) requires the Creek. Application received June 21, 1999. State to certify that the involved projects will not violate 54840204R3. F & P Coal Company, Inc. (R. D. 1, the applicable provisions of 33 U.S.C.A. §§ 1311—1313, Box 148, Pine Grove, PA 17963), renewal of an existing 1316 and 1317, as well as relevant State requirements. anthracite surface mine/coal refuse reprocessing operation Initial requests for 401 certification will be published in Walker Township, Schuylkill County affecting 36.9 concurrently with the permit application. Persons object- acres, receiving stream—Wabash Creek. Application re- ing to approval of a request for certification under section ceived June 21, 1999. 401 or to the issuance of a Dam Safety or Encroachment Permit or the approval of Environmental Assessments 54840106R3. City of Philadelphia (21 South 12th must submit comments, suggestions or objections within Street, Philadelphia, PA 19107-3614), renewal of an exist- 30 days of the date of this notice as well as any questions ing anthracite surface mine operation in West Mahanoy to the office noted above the application.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3651

Applications received under the Dam Safety and the channel of Furnace Creek (TSF) at a point approxi- Encroachments Act (32 P. S. §§ 693.1—693.27) and mately 900 feet downstream of the Hamburg Reservoir section 302 of the Flood Plain Management Act (Hamburg, PA Quadrangle N: 16.3 inches; W: 9.55 inches) (32 P. S. § 679.302) and requests for certification in Windsor Township, Berks County. under section 401 of the Federal Water Pollution E07-314. Encroachment. Lawruk Properties, Inc., Control Act. Daniel Lawruk, 210 W. Plank Road, Altoona, PA 16602. To place fill in 0.36 acre of wetland for the purpose of Southeast Regional Office: Program Manager, Water constructing a 25,000 square foot warehouse facility in Management Program, Lee Park, Suite 6010, 555 North conjunction with the development of a 5 acre commercial Lane, Conshohocken, PA 19428. property located on the north side of Kuhn Lane about E09-789. Encroachment. Bucks County Board of 800 feet west of its intersection with SR 0764 (Hol- Commissioners, Bucks County Court House, lidaysburg, PA Quadrangle N: 10.5 inches; W: 9.0 inches) Doylestown, PA 18901. To remove a single span steel in Allegheny Township, Blair County. truss bridge (Bucks County Bridge 145) which spans over E22-401. Encroachment. Dauphin County Commis- Mill Creek (WWF) and to construct and maintain, in its sioners, P. O. Box 1295, Harrisburg, PA 17108. To replace, a single span prestressed concrete bridge with a move an existing structure and to construct and maintain clear span of approximately 63 feet and underclearance of a bridge having a normal span of 68 feet and an approximately 4.6 feet. The skew angle will also be underclearance of 5.7 feet across the channel of Conewago modified from 71 degrees to 72.35 degrees. This bridge Creek (TSF) at a point at Old Hershey Road (T-602) carries Pickertown Road (T-334) over Mill Creek (Elizabethtown, PA Quadrangle N: 10.6 inches; W: 15.6 (Doylestown, USGS Quadrangle N: 2.4 inches; W: 8.0 inches) in Conewago Township, Dauphin County and inches) in Warrington Township, Bucks County. Mount Joy Township, Lancaster County. E09-790. Encroachment. Sesame Place, 100 Sesame E22-402. Encroachment. Jeffrey Neely, 161 Rehrer Road, Langhorne, PA 19047. To extend and maintain the Lane, Harrisburg, PA 17112. To excavate an impound- upstream end of an existing 84-inch reinforced concrete ment area within the floodway for construction of a stream enclosure along an unnamed tributary to Queen recreational pond in and along a tributary to Manada Anne Creek. The new conduit will measure an additional Creek (CWF) at a point approximately 1,100 feet up- 490 linear feet and will consist of smooth lined corrugated stream of Route 443 (Grantville, PA Quadrangle N: 4.4 metal pipe. This work is associated with the construction inches; W: 14.0 inches) in East Hanover Township, Dau- of a new parking lot to accommodate the Sesame Place phin County. Issuance of this permit constitutes ap- Amusement Park. The site is located within Lot No. 57 proval of the Environmental Assessment for the just north of the intersection of Old Oxford Valley Road nonjurisdictional dam proposed at the project site. and North Buck Town Drive (Trenton West, PA-NJ USGS Quadrangle, N: 12.0-inches; W: 16.5 inches) in E34-093. Encroachment. Susquehanna Township, Middletown Township, Bucks County. R. D. 1, Liverpool, PA 17045. To replace the deck, raise the approaches and maintain an existing bridge across E15-619. Encroachment. Natural Lands Trust, 201 the channel of Lenninger’s Run (CWF) at a point at T-514 Piersol Road, Elverson, PA 19520-8833. To install and (Richfield, PA Quadrangle N: 1.9 inches; W: 8.75 inches) maintain a ‘‘Beaver Deceiver,’’ consisting of fencing using in Susquehanna Township, Juniata County. concrete reinforcing-wire (5 to 6 inch square openings, 6 gauge welded wire), in French Creek immediately up- E38-126. Encroachment. TEPPCO, Highway 136 stream from the Trythall Road stream crossing. This West, Greensburg, PA 15601. To construct and maintain a structure will form a diamond shape in front of the remediation project by placing 8 inches of rock riprap aforementioned roadway stream crossing at Crow’s Nest over 50 feet of exposed pipeline and along the stream Preserve. The site is located 400 feet north of the banks. The purpose of the project is to provide protective intersection of Harmonyville Road and Trythall Road cover over approximately 50 feet of exposed section of a (Elverson, PA Quadrangle N: 10.7 inches; West: 4.0 6-inch petroleum products pipeline (Line A-3) across Snitz inches) in Warwick Township, Chester County. Creek (WWF) located about 250 feet downstream of Tice Lane (Lebanon, PA Quadrangle N: 5.9 inches; W: 4.0 E15-622. Encroachment. West Whiteland Township, inches) in Cornwall Borough, Lebanon County. 222 North Pottstown Pike, Exton, PA 19341. To remove a single span 6.5 foot by 3.0 foot reinforced concrete box E50-197. Encroachment. PA Department of Natural culvert along an unnamed tributary to Valley Creek Resources, P. O. Box 8451, Harrisburg, PA 17105. To (CWF-MF) and to install and maintain, in its place, a remove an existing structure and to construct and main- 200-foot long stream enclosure consisting of twin 68-inch tain a bridge having a span of 36 feet, 4.5 inches; and an by 43-inch concrete elliptical pipes. This work will also underclearance of 8.5 feet across the channel of Laurel impact 0.04 acre of wetland (PFO). The site is located at Run (HQ-CWF) at a point at Laurel Run Road the intersection of Swedesford Road (T-413) and Ship (Andersonburg, PA Quadrangle N: 3.9 inches; W: 14 Road (S. R. 1001) (Malvern USGS Quadrangle N: 6.8 inches) in Jackson Township, Perry County. inches, W: 16.3 inches) in West Whiteland Township, E67-666. Encroachment. Hoss’s Steak and Sea Chester County. House, One 764 Plaza, P. O. Box 1018, Duncansville, PA 16635. To remove an existing 30 foot long structure and Southcentral Regional Office: Section Chief, Water Man- Ј Љ Ј Љ agement Program, Soils and Waterways Section, 909 to construct and maintain a 9 -8 wide by 2 -7 high by Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 301 feet long low profile corrugated metal plate box 705-4707. culvert in an unnamed tributary to Kreutz Creek (WWF) located behind Hoss’s Steak and Sea House restaurant E06-525. Encroachment. Lehigh Valley Amateur As- south of SR 0462, 4.8 miles east of I-83 for the purpose of tronomical Society, 620 E. Rock Road, Allentown, PA expanding an existing parking lot (York, PA Quadrangle 18103. To remove an existing structure and to construct N: 19.2 inches; W: 3.9 inches) in Springettsbury Town- and maintain a 14-foot x 3.5-foot concrete box culvert in ship, York County.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3652 NOTICES

E67-667. Encroachment. Harry Fox, 15 Montego existing single span, I-beam bridge with a 21.65 foot clear Court, Dillsburg, PA 17019. To place fill in a de minimis span and a roadway width of 10.5 feet with new concrete area of wetlands equal to 0.029 acre for the purpose of box beam bridge having a 21.85 foot waterway opening creating a stormwater basin, utility line crossing and and a roadway width of 18 feet in Jack Dent Branch and access road in the Radford Court residential development a temporary causeway located 3.5 miles southwest on located southeast of the Golf Course Road and Baltimore Jack Dent Road from the intersection with SR 2004 Street intersection south of Dillsburg (Dillsburg, PA (Huntley, PA Quadrangle, N: 17.1 inches, W: 15.8 inches) Quadrangle N: 17.6 inches; W: 4.2 inches) in Carroll in Goshen Township, Clearfield County. This project Township, York County. proposes to impact 300 linear feet of Jack Dent Branch which is designated a high quality cold water fishery and E67-668. Encroachment. Harry M. and Carole C. does not proposed to impact any wetlands. Laspino, 6713 Mountain Road, Felton, PA 17322. To remove an existing structure and to construct and main- E17-333. Encroachment. Robert A. Stanko and Gary tain a 12 foot long, 59-inches high by 81-inches wide H. Broberg, R. R. 1, Box 172E, Selinsgrove, PA 17870. To corrugated metal culvert in an unnamed tributary to maintain the existing timber plank bridge in Morgan Run North Branch Muddy Creek (CWF) to access an existing located 2 miles north on SR 2011 from the intersection private residence located 250 feet south of the intersec- with Route 53 continue east on unpaved road to the tion of Lebanon Church Road and Mountain Road crossing of Morgan Run (Glen Richey, PA Quadrangle, N: (Stewartstown, PA Quadrangle N: 15.8 inches; W: 11.1 .25 inch, W: 7.0 inches) in Woodward Township, inches) in North Hopewell Township, York County. Clearfield County. This project proposes to impact 30 linear feet of Morgan Run which is designated a cold E67-669. Encroachment. L & C Partners, Vincent water fishery and does not propose to impact any Leto, 990 S. Pleasant Avenue, Dallastown, PA 17313. To wetlands. construct and maintain two access roads with associated wetland fill and one utility line crossing for the proposed E41-446. Encroachment. Mark Bisett, Transconti- Rose Brooks Residential Subdivision located west of Dieb nental Gas Pipe Line Corp., P. O. Box 1396, Houston, Road and 4,000 feet north of Ness Road in Windsor TX 77251-1396. To install operate and maintain: 1) a Township, York County. Culvert No. 1 (Primrose Lane) is 42-inch diameter high pressure pipeline beneath Mill 56 linear feet of a 5-foot diameter RCP and Culvert No. 2 Race (Cold Water Fishery); Muncy Creek (Trout Stocked (Cranberry Lane) is 96 linear feet of a 5-foot diameter Fishery); Pine Run (Cold Water Fishery); three unnamed RCP both in an unnamed tributary to Kreutz Creek tributaries to Wolf Run (High Quality—Cold Water Fish- (WWF) (Red Lion, PA Quadrangle N: 13.8 inches; W: 16.3 ery); Wolf Run (High Quality—Cold Water Fishery); four inches and N: 13.6 inches; W: 16.3 inches respectively) in unnamed tributaries to Oak Run (Cold Water Fishery); an Windsor Township, York County. The permittee will fill unnamed tributary to Carpenters Run (Warm Water 0.38 acre of wetland in association with the roadway Fishery); Carpenters Run (Warm Water Fishery); three crossings. The permittee is required to provide a mini- unnamed tributaries to Margaret Run (Warm Water mum of 0.38 acre of replacement wetlands. Fishery); Margaret Run (Warm Water Fishery); Twin Run (Warm Water Fishery); two unnamed tributaries to Ben- Northcentral Region: Water Management, Soils and netts Run (Trout Stocked Fishery); Bennetts Run (Trout Waterways Section, F. Alan Sever, Chief, 208 West Third Stocked Fishery); four unnamed tributaries to Mill Creek Street, Suite 101, Williamsport, PA 17701. No. 1 (Trout Stocked Fishery); Mill Creek No. 1 (Trout E08-348. Encroachment. PA Department of Trans- Stocked Fishery); two unnamed tributaries to Loyalsock portation, P. O. Box 218, Montoursville, PA 17754-0218. Creek (Trout Stocked Fishery); two unnamed tributaries To remove the existing structure, to construct and main- to Mill Creek No. 2 (Trout Stocked Fishery); Mill Creek tain a single span concrete box beam bridge with a No. 2 (Trout Stocked Fishery) and Loyalsock Creek (Trout normal span of 54 feet and underclearance of 6.6 feet Stocked Fishery); 2) a 36-inch diameter high pressure across Sugar Run on SR2011, Section 001 and to con- pipeline beneath an unnamed tributary to Mill Creek No. struct and maintain stream deflectors just upstream of 2 (Trout Stocked Fishery); two unnamed tributaries to the bridge. This project is located approximately 0.3 mile Millers Run (Cold Water Fishery); and Millers Run (Cold south of SR2010 (Colley, PA Quadrangle N: 22.5 inches; Water Fishery) (Huntersville, PA Quadrangle, N: 5.19 W: 8.37 inches) in Terry Township, Bradford County. inches; W: 12.56 inches) in Penn Township, Wolf Town- This permit also authorizes a temporary crossing to be ship, Muncy Township, Upper Fairfield and Loyalsock used to detour traffic during construction. Total estimated Township, Lycoming County. This project proposes to stream disturbance is 300 feet with no wetland impacts; insignificantly impact 900 linear feet of streams and 3.1 stream classification is CWF. acres of wetlands. E12-115. Encroachment. Allegheny Partners, LP, E41-450. Encroachment. Pennsylvania Department 312 Main Street, Smethport, PA 16749. To replace and of Transportation, P. O. Box 218, Montoursville, PA maintain the existing four 20 inch diameter pipes culvert 17754-0218. To remove the existing structure and to with an 85 inch by 54 inch corrugated metal arch culvert construct and maintain a single span concrete box beam pipe in Bobby Run located .75 mile west on Bobby Run bridge with a normal span of 35 feet and underclearance Road from the intersection with Rich Valley Road (Rich of 3.9 feet across an unnamed tributary to Blockhouse Valley, PA Quadrangle, N: 6 inches, W: 13 inches) in Creek on SR 1009, Section 003 about 700 feet south of SR Shippen Township, Cameron County. This project pro- 1011 (Liberty, PA Quadrangle N: 2.75 inches; W: 16.56 poses to impact 30 linear feet of Bobby Run which is inches) in Jackson Township, Lycoming County. Esti- designated a high quality cold water fishery and does not mated stream disturbance is 150 feet; stream classifica- propose to impact any wetlands. tion is CWF; permanent wetland impact is 0.003 acre. E17-332. Encroachment. James A. Epply, Depart- E57-085. Encroachment. James A. Epply, Depart- ment of Conservation and Natural Resources,Bu- ment of Conservation and Natural Resources, Bu- reau of Facilities Design and Construction, Box 8451, reau of Facilities Design and Construction, Box 8451, Harrisburg, PA 17105-8451. To replace and maintain the Harrisburg, PA 17105-8451. To replace and maintain the

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3653 existing single span, I-beam bridge with a 25.5 foot clear Street, P. O. Box 33, Springboro, PA 16435. To dredge span and a roadway width of 9 feet with new concrete box approximately 812 cubic yards of accumulated sediments, beam bridge having a 30 foot waterway opening and a and maintain channel capacity along a reach of 850 linear roadway width of 18 feet in Mill Creek and a temporary feet of a tributary to Conneaut Creek (CWF-MF) starting causeway located 2.5 miles northwest on Mill Creek Road at S. R. 0018 and moving downstream (west) (part of the from the intersection with Route 87 continue west on Big Former Erie Extension Canal), and to construct and Hollow Road for 800 feet (Hillsgrove, PA Quadrangle, N: maintain an 850-linear-foot-long levee with a top eleva- 17.1 inches, W: 15.8 inches) in Hillsgrove Township, tion of 937 feet on the north bank of a tributary of Sullivan County. This project proposes to impact 120 Conneaut Creek starting at S. R. 0018 moving upstream linear feet of Mill Creek which is designated a high (east and north) to provide flood protection to the Logan quality cold water fishery and does not propose to impact any wetlands. Drive Trailer Court. The projects are located approximately 0.7 mile north of the intersection of S. R. 0018 and Southwest Regional Office: Soils and Waterways Sec- S. R. 0198 in the Borough of Conneautville (Con- tion, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. neautville, PA Quadrangle N: 2.8 inches; W: 16.9 inches) E02-1276. Encroachment. Bill Gleason, 4972 Lake- located in Spring Township and Borough of Conneautville, wood Road, Gibsonia, PA 15044. To remove the existing Crawford County. structure and to construct and maintain a new 137Љ x87Љ galvanized arch culvert across Breakneck Creek (WWF) DAM SAFETY to provide access to undeveloped lots. The culvert will be located on the north side of Valencia Road approximately Application received under the Dam Safety and 1 mile west of its intersection with Bakerstown Road Encroachments Act (32 P. S. §§ 693.1—693.27) and (Valencia, PA Quadrangle N: 8.1 inches; W: 15.0 inches) section 302 of the Flood Plain Management Act in Richland Township, Allegheny County. (32 P. S. § 679.302) and requests for certification E26-257. Encroachment. Fayette County Commis- under section 401 of the Federal Water Pollution sioners, Courthouse 61 East Main Street, Uniontown, PA Control Act. 15401-1030. To rehabilitate, operate and maintain the existing Fayette County Bridge No. 113 having a normal Central Office: Bureau of Waterways Engineering, 400 span of 30.0 feet and an underclearance of 4.5 feet across Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA Mill Run (HQ-CWF) located on TR-579 approximately 17105-8554, (717) 787-8568. 0.75 mile west of its intersection with Route 381 (Mill Run Quadrangle N: 17.4 inches; W: 12.2 inches) in D21-017. Dam. Borough of Carlisle (53 West South Springfield Township, Fayette County. Street, Carlisle, PA 17013). To modify, operate and maintain the Carlisle Raw Water Intake Dam across E02-1279. Encroachment. James S. Tortorice and Vicky Jeremko, Old Route 837, Clairton, PA 15025. To Conodoguinet Creek (WWF), for the purpose of public remove the existing culvert and replace it with a single water supply and installing a fish passage facility span bridge over Lobbs Run (WWF). The site is located at (Carlisle, PA Quadrangle N: 17.85 inches; W: 9.1 inches) 634 Walton Road at a point 500 feet downstream of the in North Middleton Township, Cumberland County. intersection with Scheinbach Road (Glassport, PA Quad- Modifications will not change normal pool level. rangle N: 3.4 inches; W: 7.0 inches) in Jefferson Hills Borough, Allegheny County. ENVIRONMENTAL ASSESSMENT E26-258. Encroachment. Fayette County Commis- Southeast Regional Office: Program Manager, Water sioners, Courthouse 61 East Main Street, Uniontown, PA Management Program, Lee Park, Suite 6010, 555 North 15401. To remove the existing structure (County Bridge Lane, Conshohocken, PA 19428. No. 66) and to construct and maintain a 10-m long box culvert having a normal clear span of 7.00 m and an EA09-007SE. Environmental Assessment. C&MDe- underclearance of 1.99 (invert depressed 0.3 m) across an velopers, 2421 Bristol Road, Warrington, PA 18976. A unnamed tributary to Dunlap Creek (WWF) located on request for an environmental assessment for the construc- T-509 (Lambert-Footdale Road) at the intersection of tion, operation and maintenance of the nonjurisdictional T-509 and T-456 (New Salem, PA Quadrangle N: 6.7 dam across a small intermittent drainage swale, up- inches; W: 12.1 inches) in German Township, Fayette stream from an unnamed tributary to the Little County. Neshaminy Creek (WWF). The proposed dam will provide E65-728. Encroachment. Robert D. Shrum, Jr.,R.D. stormwater management for the Woodrose Manor Subdi- 1, Latrobe, PA 15650. To rehabilitate and maintain a vision. The project is situated approximately 2,000 feet bridge having a clear span of 11.5 feet and an underclear- northwest of the intersection of Bristol Road and Valley ance of 3.5 feet across an unnamed tributary to Ninemile Road. (Hatboro, PA Quadrangle N: 21.50 inches; Run (WWF) located on a private road just east of SR 982 W: 16.50 inches) in Warwick Township, Bucks County. halfway between Baggley and Lycippus. The rehabilitation consists of raising the bridge deck 1 foot and EA46-002SE. Environmental Assessment. Fortress PA reinforcement of the existing headwalls (Mammoth, PA LLC, 2 EF Raymond Drive, Havertown, PA 19083. To Quadrangle N: 21.7 inches; W: 2.7 inches) in Unity construct, operate and maintain a nonjurisdictional dam Township, Westmoreland County. for stormwater management across an unnamed tributary to Lodal Creek (TSF) associated with the Cranberry VIII Northwest Regional Office: Soils and Waterways Sec- tion, 230 Chestnut Street, Meadville, PA 16335-3481, (814) Subdivision. The site is located approximately 4,000 feet 332-6942. east of the intersection of Schwenksville and Graterford Roads (Collegeville PA Quadrangle N: 18.1 inches; E20-481. Encroachment. Conneaut Valley Economic W: 14.1 inches) in Perkiomen Township, Montgomery and Industrial Development Authority, 103 Main County.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3654 NOTICES

nellsville, PA 15425, is authorized to discharge from a ACTIONS facility located at Georgetown Manor STP, Dunbar Town- ship, Fayette County to receiving waters named Un- FINAL ACTIONS TAKEN UNDER THE named Tributary of Youghiogheny River. PENNSYLVANIA CLEAN STREAMS NPDES Permit No. PA0030651. Sewage, Canon- LAW AND THE FEDERAL CLEAN McMillan School District, 1 North Jefferson Avenue, WATER ACT Canonsburg, PA 15317, is authorized to discharge from a facility located at Wylandville Elementary STP, North [National Pollution Discharge Elimination System Strabane Township, Washington County to receiving Program (NPDES)] waters named Unnamed Tributary of Little Chartiers DISCHARGE OF CONTROLLED INDUSTRIAL Creek. WASTE AND SEWERAGE WASTEWATER NPDES Permit No. PA0090638. Sewage, White (Part I Permits) Township Municipal Authority, 950 Indian Springs The Department of Environmental Protection (Depart- Road, Indiana, PA 15701, is authorized to discharge from ment) has taken the following actions on previously a facility located at Kittyhawk STP, White Township, received permit applications and requests for plan ap- Indiana County to receiving waters named Unnamed proval and has issued the following significant orders. Tributary of Two Lick Creek. Persons aggrieved by this action may appeal, under NPDES Permit No. PA0094935. Sewage, The Penn- section 4 of the Environmental Hearing Board Act (35 sylvania State University, Office of Physical Plant P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 Building, University Park, PA 16802, is authorized to (relating to the Administrative Agency Law), to the discharge from a facility located at Fayette County Cam- Environmental Hearing Board, Second Floor, Rachel pus STP, North Union Township, Fayette County to Carson State Office Building, 400 Market Street, P. O. receiving waters named drainage swale to an Unnamed Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. Tributary of Redstone Creek. TDD users may contact the Board through the Pennsylva- NPDES Permit No. PA0218154. Sewage, Robert nia Relay Service, (800) 654-5984. Appeals must be filed Gearhart, 617 Portersville Road, Ellwood City, PA 16117, with the Environmental Hearing Board within 30 days of is authorized to discharge from a facility located at Lock 6 receipt written notice of this action unless the appropriate Landing Restaurant and Lounge STP, Industry Borough, statute provides a different time period. Copies of the Beaver County to receiving waters named Ohio River. appeal form and the Board’s rules of practice and procedure may be obtained from the Board. The appeal form Permit No. 8046-A1. Sewerage, McCandless Town- and the Board’s rules of practice and procedure are also ship Sanitary Authority, 9600 Perry Highway, Pitts- available in braille or on audiotape from the Secretary to burgh, PA 15237. Modification and rehabilitation of a the Board at (717) 787-3483. This paragraph does not, in sewage treatment plant located in McCandless Township, and of itself, create any right of appeal beyond that Allegheny County to serve the Longvue No. 2 STP. permitted by applicable statutes and decisional law. Permit No. 0299411. Sewerage, Danner Doak,P.O. Box 334, Elizabeth, PA 15037. Construction and operation Actions under The Clean Streams Law (35 P. S. of a single residence sewage treatment plant located in §§ 691.1—691.1001). Forward Township, Allegheny County to serve the Doak Residence. Southwest Regional Office: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- Northwest Regional Office: Regional Water Management 4745, (412) 442-4000. Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942. NPDES Permit No. PA0006254-A2. Industrial waste, NOVA Chemicals, Inc., 400 Frankfort Road, Monaca, PA WQM Permit No. 1099408. Sewerage, Robert M. 15061-2298, is authorized to discharge from a facility Petrick SRSTP, 1283 Lakevue Dr., Butler, PA 16002. located at Beaver Valley Plant, Potter Township, Beaver Construction of Robert M. Petrick SRSTP located in Penn County. Township, Butler County. NPDES Permit No. PA0204579. Industrial waste, WQM Permit No. 6299408. Sewerage, Robert G. Lyondell Chemical Company, 3801 West Chester Pike, Chase, Sr. SRSTP, R. R. 2, Box 123, Sugar Grove, PA Newton Square, PA 19073-2387, is authorized to dis- 16350. Construction of Robert G. Chase, Sr. SRSTP charge from a facility located at the Beaver Valley Plant, located in Sugar Grove Township, Butler County. Potter Township, Beaver County to receiving waters NPDES Permit No. PA0002429. Industrial waste. named Ohio River—Outfalls 023 and 024. Duferco Farrell Corporation/Caparo Steel Company, NPDES Permit No. PA0216500. Industrial waste, Inc., 15 Roemer Boulevard, Farrell, PA 16121, is autho- CBS Corporation, 11 Stanwix Street, Pittsburgh, PA rized to discharge from a facility located in the City of 15222-1384, is authorized to discharge from a facility Farrell, Mercer County to the Shenango River. located at the groundwater treatment facility, Vanport NPDES Permit No. PA0222844. Industrial waste. Township, Beaver County to receiving waters named Ellwood Industrial Facilities Company, 700 Moravia Ohio River. Street, New Castle, PA 16101, is authorized to discharge NPDES Permit No. PA0093530. Sewage, Dunbar from a facility located in New Castle, Lawrence County Township Municipal Authority, P. O. Box 815, Con- to the Shenango River.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3655

INDIVIDUAL PERMITS (PAS) The following NPDES Individual Permits for discharges of stormwater from construction activities have been issued. Southeast Regional Office: Regional Water Management Program Manager, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428-2233, (610) 832-6130. NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream PAS10-D101 Toll Brothers Lower Makefield Township Core Creek 3103 Philmont Avenue Bucks County Huntingdon Valley, PA 19006 PAS10-G359 Columbia Transmission West Vincent, West Not- Unnamed Tributary to Octorara Creek Communication Corporation tingham, East Fallowfield, and Octorara Creek, Unnamed Tributary P. O. Box 10146 East Vincent, Upper to Reynolds Run and Reynolds Run, Un- Fairfax, VA 22030-0146 Uwchlan, Upper Oxford, named Tributary to McCreary Run and Caln, Lower Oxford, West McCreary Run, Tweed Creek, Leech Run, Bradford, East Nottingham, Muddy Run and Unnamed Tributary to East Brandywine and East Muddy Run, Unnamed Tributary, Un- Coventry Townships, Chester named Intermittent Tributary to Doe County; and Milford and Run and Doe Run, Buck Run, Unnamed Springfield Townships, Bucks Tributary to Brandywine Creek, West County; and Marlborough, Branch Brandywine Creek, Broad Run, Limerick and Upper Unnamed Tributary to Beaver Creek and Frederick Townships, Mont- Beaver Creek, Shamona Creek, Un- gomery County; and Will- named Tributary to Marsh Creek Lake, iams and Lower Saucon Pine Creek, Unnamed Tributary to Birch Townships, Northampton Run and Birch Run, French Creek, County; and Upper Saucon Stoney Run, Pigeon Creek, Unnamed Township, Lehigh County; Tributary to Schuylkill River and and Fulton and Little Britain Schuylkill River, Brook Evans Creek, Townships, Lancaster County Possum Hollow Creek, Hartenstine Creek, Tributary to Green Lane Reser- voir and Green Lane Reservoir, Tributary to Macoby Creek and Macoby Creek, Hazelback Creek, Schmoutz Creek, Un- named Tributary to Molasses Creek and Molasses Creek, Unnamed Tributary Licking Run and Licking Run, Unnamed Tributary to Unami Creek and Unami Creek, Unnamed Tributary to Tohickon Creek, Unnamed Intermittent Tributary, Unnamed Tributary Headwater to Cooks Creek and Cooks Creek, Polk Valley Run, Silver Creek, Unnamed Tributary, Tribu- tary to East Branch Saucon Creek and East Branch Saucon Creek, Tributary to Frya Run, Delaware Canal and Delaware River.

Southcentral Regional Office: Section Chief, Water Man- INDIVIDUAL PERMITS agement Program, Soils and Waterways Section, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705- (PAR) 4707. Approvals to Use NPDES and/or Other General PAS-10-O-078. Individual NPDES. Mechanic Grove Permits Church of the Brethren, 1392 Robert Fulton Highway, Quarryville, PA 17566. To implement an erosion and The following parties have submitted Notices of Intent sedimentation control plan for the construction of a (NOIs) for Coverage under (1) General NPDES Permit(s) building addition and a new parking area on 8.24 acres in to discharge wastewater into the surface waters of this East Drumore Township, Lancaster County. The project Commonwealth. The approval for coverage under these is located along the west side of SR 222, approximately general NPDES permits is subject to applicable effluent 1/2 mile south of Mechanic Grove (Wakefield, PA Quad- limitations, monitoring, reporting requirements and other rangle N: 16.3 inches; W: 4.3 inches). Drainage will be to conditions set forth in the general permit; (2) General a tributary of the Conowingo Creek. Permit(s) for Beneficial Use of Sewage Sludge or Residen-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3656 NOTICES tial Septage by Land Application in Pennsylvania. The following coverages under the specified General Permit. approval of coverage for land application of sewage sludge The EPA Region III Regional Administrator has waived or residential septage under these general permits is the right to review or object to this permit action under subject to pollutant limitations, pathogen and vector the waiver provision: 40 CFR 123.24. attraction reduction requirements, operational standards, The application and related documents, effluent limita- general requirements, management practices and other tions, permitting requirements and other information are conditions set forth in the respective general permit. The on file and may be inspected and arrangement made for Department of Environmental Protection approves the copying at the contract office noted.

List of NPDES and/or other General Permit Type PAG-1 General Permit For Discharges From Stripper Oil Well Facilities PAG-2 General Permit For Discharges of Stormwater From Construction Activities PAG-3 General Permit For Discharges of Stormwater From Industrial Activities PAG-4 General Permit For Discharges From Single Residence Sewage Treatment Plant PAG-5 General Permit For Discharges From Gasoline Contaminated Ground Water Remediation Systems PAG-6 General Permit For Wet Weather Overflow Discharges From Combined Sewer Systems PAG-7 General Permit For Beneficial Use of Exceptional Quality Sewage Sludge By Land Applica- tion PAG-8 General Permit For Beneficial Use of Non-Exceptional Quality Sewage Sludge By Land Ap- plication to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site PAG-9 General Permit For Beneficial Use of Residential Septage By Land Application to Agricul- tural Land, Forest or a Land Reclamation Site General Permit Type—PAG-2 Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Aston and Concord PAR10-J161 Elsmere Realty Corporation West Branch Suite 6010, Lee Park Townships 405 South Dupont Rd. Chester Creek 555 North Lane Delaware County Wilmington, DE Conshohocken, PA 19428 (610) 832-6130 Plymouth Township PAR10-T510 LFT, Inc. Plymouth Creek Suite 6010, Lee Park Montgomery County 600 Old Elm Street 555 North Lane Conshohocken, PA Conshohocken, PA 19428 (610) 832-6130 Horsham Township APR10-T536 Mr. and Mrs. Martin Pulli Little Neshaminy Suite 6010, Lee Park Montgomery County 529 Leamington Court Creek 555 North Lane Ambler, PA Conshohocken, PA 19428 (610) 832-6130 Exeter Township PAR-10-C263 Pioneer Crossing Landfill UNT Schuylkill Berks County CD Berks County Pasquale Mascaro River P. O. Box 520 727 Red Lane Road 1238 County Welfare Road Birdsboro, PA 19508 Leesport, PA 19533 (610) 372-4657 Cumru Township PAR-10-C271 Tricorn Estates Wyomissing Creek Berks County CD Berks County Thomas Dobson P. O. Box 520 322 Hendle Street 1238 County Welfare Road Shillington, PA 19607 Leesport, PA 19533 (610) 372-4657 Greenwich Township PAR-10-C169-R Kutztown Road & Gun Club Mill Creek Berks County CD Berks County Jeffrey Rothermel, Director P. O. Box 520 490 Gun Club Drive 1238 County Welfare Road Kutztown, PA 19530 Leesport, PA 19533 (610) 372-4657 Washington Township PAR-10-M171 Greenridge Farms, Inc. Baily Run Franklin County CD Franklin County 1144 Old Forge Road 550 Cleveland Avenue Waynesboro, PA 17268 Chambersburg, PA 17201 (717) 264-8074

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3657

Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Fannett Township PAR-10-M172 Lane Construction UNT Dry Run Franklin County CD Franklin County Corporation 550 Cleveland Avenue P. O. Box 215 Chambersburg, PA 17201 Willow Hill, PA 17271 (717) 264-8074 East Lampeter PAR-10-O-351 FSA Enterprises & UNT Mill Creek Lancaster County CD Township Rockvale Grp. 1383 Arcadia Road, Rm. 6 Lancaster County 1755 Oregon Pike Lancaster, PA 17601 Box 5200 (717) 299-5361 Lancaster, PA 17606 Mount Joy Borough PAR-10-O-366 Arthur H. Hostetter Little Chickies Lancaster County CD Lancaster County P. O. Box 218 Creek 1383 Arcadia Road, Rm. 6 Mt. Joy, PA 17562 Lancaster, PA 17601 (717) 299-5361 East Hempfield PAR-10-O-374 PennDot Dist. 8-0 Little Conestoga Lancaster County CD Township 2140 Herr Street Creek 1383 Arcadia Road, Rm. 6 Lancaster County Harrisburg, PA 17105-1699 Lancaster, PA 17601 (717) 299-5361 Fairview Township PAR-10-Y103-R-1 Dorwart Apartment Phase 2 Bennetts Run York County CD York County James Dorwart 118 Pleasant Acres Rd. 1375 Old Quaker Road York, PA 17402 Etters, PA 17319 (717) 840-7430 Windsor Township PAR-10-Y389 Taylor Estates Kreutz Creek York County CD York County Timothy F. Pasch 118 Pleasant Acres Rd. 2215 East Market Street York, PA 17402 York, PA 17402 (717) 840-7430 Springettsbury PAR-10-Y393 Harley Davidson Motor Co. Codorus Creek York County CD Township Harley Davidson Phase 1 118 Pleasant Acres Rd. York County Grading York, PA 17402 1425 Eden Road (717) 840-7430 York, PA 17402 Lycoming County PAR103929 Neidig Subdivision Wolf Run Lycoming County CD Muncy Creek Township P. O. Box 275 542 County Farm Rd. Muncy, PA 17756 Suite 202 Montoursville, PA 17754 (570) 433-3003 Northumberland PAR104929 PA Dept. of Transportation W. Br. Northumberland County County 715 Jordan Ave. Susquehanna CD Turbot and Delaware Montoursville, PA 17754 River RR 3, Box 238C Townships Sunbury, PA 17801 (570) 988-4224 Lehigh County PAR10Q124 Lucent Technologies, Inc. Lehigh River Lehigh CD Hanover Township Keith A. Foucher (610) 391-9583 283 King George Road Warren, NJ 07059 Northampton County PAR10U115 Gemstone Resources, L.P. Shoeneck Cr. Northampton CD Lower Nazareth and 3 Manhattansville Rd. (610) 746-1971 Palmer Townships Purchase, NY 10577 Erie County PAR10K127 USF Holland Twenty-Mile Erie Conservation Dist. North East Township 750 East 40th Street Creek 12723 Route 19 Holland, MI 49423 P. O. Box 801 Waterford, PA 16441 (814) 796-4203 Mercer County PAR104341 Sharon Tube Company Shenango River Mercer Conservation Dist. City of Farrell and 134 Mill Street R. D. 2, Box 2055 Borough of Sharon, PA 16146 747 Greenville Road Wheatland Mercer, PA 16137 (724) 662-2242

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3658 NOTICES

Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No.

Somerset County PAR-106132 Mostoller Landfill, Inc. UNT to Kimberly Southwest Regional Brothersvalley and P. O. Box 260 Run (wetland) Office: Water Management Somerset Townships Friedens, PA 15541 Program Manager 400 Waterfront Drive Pittsburgh, PA 15222-4745 (412) 442-4000 General Permit Type—PAG-3 Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Berks County PAR803625 Reading Body Works, Inc. Storm sewers Southcentral Region City of Reading P. O. Box 650 going to the 909 Elmerton Avenue Shillington, PA 19607-0650 Schuylkill River Harrisburg, PA 17110 (717) 705-4707 Bedford County PAR233536 Bedford Reinforced Plastics, Dunnings Creek Southcentral Region East St. Clair Inc. 909 Elmerton Avenue Township 264 Reynoldsdale Road Harrisburg, PA 17110 Bedford, PA 15522-7401 (717) 705-4707 Lebanon County PAR803627 United States Postal Quittapahilla Southcentral Region City of Lebanon Service Creek 909 Elmerton Avenue Lebanon Post Office Harrisburg, PA 17110 101 South 8th Street (717) 705-4707 Lebanon, PA 17042 Cumberland County PAR803629 United States Postal Conodoguinet Southcentral Region Borough of Camp Hill Service Creek 909 Elmerton Avenue Camp Hill Post Office Harrisburg, PA 17110 1675 Camp Hill Bypass (717) 705-4707 Camp Hill, PA 17011 Dauphin County PAR803628 United States Postal Paxton Creek Southcentral Region City of Harrisburg Service 909 Elmerton Avenue Uptown State Post Office Harrisburg, PA 17110 2345 North 7th Street (717) 705-4707 Harrisburg, PA 17110 Dauphin County PAR803626 United States Postal Beaver Creek Southcentral Region Lower Paxton Service 909 Elmerton Avenue Township Lower Paxton Post Office Harrisburg, PA 17110 5901 Jonestown Road (717) 705-4707 Harrisburg, PA 17110 Monroe County PAR-112224 Cooper Industries Unnamed Trib. Northeast Office E. Stroudsburg Texas Commerce Tower to Brodhead Cr. 2 Public Square Borough 600 Travis St., Suite 5800 Wilkes-Barre, PA Houston, TX 77002 18711 (570) 826-2511 General Permit Type—PAG-4 Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Penn Township PAG048597 Robert M. Petrick Unnamed Northwest Region Butler County 1283 Lakevue Dr. Tributary Water Management Butler, PA 16002 to Thorn Creek 230 Chestnut St. Meadville, PA 16335-3481 Sugar Grove Township PAG048598 Robert G. Chase, Sr. Unnamed Northwest Region Warren County R. R. 2, Box 123 Tributary Water Management Sugar Grove, PA 16350 to Stillwater 230 Chestnut Street Creek Meadville, PA 16335-3481

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3659

Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Franklin County PAG043618 Kenneth E. and Mary M. UNT to Dennis Southcentral Region Hamilton Township Heckman Creek 909 Elmerton Avenue 265 W. Burkhart Avenue Harrisburg, PA 17110 Chambersburg, PA 17201 (717) 705-4707 Franklin County PAG043619 William N. and Carolyn F. UNT to Southcentral Region Hamilton Township Hartman Conococheague 909 Elmerton Avenue 1046 Tallow Hill Road Creek Harrisburg, PA 17110 Chambersburg, PA 17201 (717) 705-4707 Berks County PAG043620 George W. Thompson, Jr. UNT to Monocacy Southcentral Region Amity Township 43 Valley Road Creek 909 Elmerton Avenue Birdsboro, PA 19508 Harrisburg, PA 17110 (717) 705-4707 Dauphin County PAG043621 William A. Wagner UNT to Beaver Southcentral Region West Hanover 664 Piketown Road Creek 909 Elmerton Avenue Township Harrisburg, PA 17112 Harrisburg, PA 17110 (717) 705-4707

General Permit Type—PAG-8 Facility Location County and Applicant Name Land Application Contact Office and Municipality Permit No. and Address Site Telephone No. West Hempfield PAG-08-3509 Kline’s Services, Inc. Kenneth and SCRO Township Five Holland Street Bernice Zurin 909 Elmerton Avenue Lancaster County P. O. Box 626 Farm Harrisburg, PA 17110 Salunga, PA 17538 2075 Spooky Nook (717) 705-4707 Rd. Mount Joy, PA 17552 General Permit Type—PAG-9 Facility Location County and Applicant Name Land Application Contact Office and Municipality Permit No. and Address Site Telephone No. Tuscarora Township PAG-09-3521 Norman Thatcher Herbert Burd SCRO Juniata County RR 1, Box 3 Farm 909 Elmerton Avenue East Waterford, PA 17021 RR 1, Box 614 Harrisburg, PA 17110 Honey Grove, PA (717) 705-4707 17035 Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Fayette Township PAG-09-3523 William Kemps Septic Tank N/A SCRO Juniata County Service 909 Elmerton Avenue RR 1, Box 2930 Harrisburg, PA 17110 McAlisterville, PA 17049 (717) 705-4707

SEWAGE FACILITIES ACT written notice of this action unless the appropriate stat- PLAN APPROVAL ute provides a different time period. Copies of the appeal form and the Board’s rules of practice and procedure are The Department of Environmental Protection (Depart- also available in braille or on audiotape from the Secre- ment) has taken the following actions on previously tary to the Board at (717) 787-3483. This paragraph does received permit applications and requests for plan ap- not, in and of itself, create any right of appeal beyond proval and has issued the following significant orders. that permitted by applicable statutes and decisional law. Persons aggrieved by this action may appeal, under section 4 of the Environmental Hearing Board Act (35 Plan Approval granted under the Pennsylvania P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 Sewage Facilities Act (35 P. S. §§ 750.1—750.20). (relating to the Administrative Agency Law), to the Environmental Hearing Board, 400 Market Street, Sec- ond Floor, P. O. Box 8457, Harrisburg, PA 17105-8457, Northeast Regional Office: Water Management Program (717) 787-3483. Appeals must be filed with the Environ- Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, mental Hearing Board within 30 days of receipt of (570) 826-2553.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3660 NOTICES

Plainfield Township, Northampton County Permit No. 5797501. The Department issued an operation permit to Laporte Borough, P. O. Box 171, The Department has reviewed and approved an Official Laporte, PA 18626, Laporte Borough, Sullivan County Sewage Facilities Plan Update for Plainfield Township, for operation of corrosion control facilities to comply with Northampton County. the lead and copper rule. This Update Revision addresses the extension of the Permit No. MA. The Department has issued an opera- Wind Gap Municipal Authority sanitary sewer franchise tion permit to Hidden Valley Mobile Home Park,R.D. area so as to include the entire Chandler Estates prop- 2, Box 856, Lock Haven, PA 17745, Woodward Township, erty. All sewage collection and conveyance facilities on the Lycoming County, for expansion of the existing system property will be privately owned and maintained. Two to a maximum of 46 homes or 92 residents. This includes small pump stations will move the sewage to an existing operation of the recently constructed chlorine contact manhole on the Chandler Estates property which is piping, finished water storage tanks and duplicate booster connected by a gravity system to the Wind Gap Municipal pumps. Authority sewer main on Teels Road. The Wind Gap Municipal Authority has indicated that conveyance and Permit No. 4999502. The Department issued a con- treatment capacity is available in their facilities for the struction permit to Merck and Company, Inc., Chero- proposed 2,970 gpd of sewage flows. kee Plant, P. O. Box 600, Danville, PA 17821, Riverside Borough, Northumberland County, for construction of Wind Gap Borough Council has given their concurrence an additional clarifier and chemical treatment facilities to to the special study by sealed resolution to authorize the match the existing plant capacities of the sedimentation Wind Gap Municipal Authority to extend their sanitary and filtration units. sewer service franchise area. Northwest Regional Office: Regional Manager, 230 This project is approved with the understanding that it Chestnut Street, Meadville, PA 16335, (814) 332-6899. will be constructed using local moneys and that PennVest funding will not be required for the implementation of Permit No. 1099501. Public water supply. Mars Bor- this project. ough, 598 Spring Street, Mars, PA 16046, has been issued a permit for new treatment changes at the Banks Southwest Regional Office: Water Management Program Water Treatment Plant which included backwash water Manager, 400 Waterfront Drive, Pittsburgh, PA 15222- recycling plus the addition of existing Banks Well No. 3 4745, (412) 442-4000. and St. Johns Reservoir since no permits were found to Location: Shade Township, Somerset County, RoxCoal, contain them in Adams Township, Butler County. Agustus Deep Mine Portal. Along Township Road 792 Type of Facility: Community Water Supply approximately .25 mile northwest of the Village of Gahagen. Consulting Engineer: Steven H. Greenberg, KLH Engi- neers, Inc., 5173 Campbells Run Rd., Pittsburgh, PA Approval of a revision to the Official Sewage Plan of 15205 Shade Township, Somerset County. The project involves the construction of a small flow sewage treatment facility Permit to Construct Issued: June 22, 1999 to serve a proposed bath house. Treated effluent is to be HAZARDOUS SITES CLEANUP discharged to a sedimentation pond which discharges to a drainage swale that discharges to Coal Run. Under the Act of October 18, 1988 Northwest Regional Office: Regional Water Management Proposed Consent Order and Agreement Program Manager, 230 Chestnut Street, Meadville, PA Former Avtex Fibers, Inc. Site 16335-3481, (814) 332-6942. Vernon Township, Crawford County Location: City of Erie, Center City Area, The Honor- Under section 1113 of the Hazardous Sites Cleanup Act able Joyce A. Savocchio, Mayor, City of Erie, 626 State (35 P. S. §§ 6020.101—6020.1305) (HSCA), notice is Street, Erie, PA 16501 hereby provided that the Department of Environmental Protection (Department) has entered into a Consent Project Description: The approved plan provides for Order and Agreement (CO&A) with FMC Corporation construction of facilities to significantly reduce and/or (FMC) concerning the environmental investigation of the eliminate combined sewer overflows in the Mill Creek mercury release at the Avtex Fibers, Inc. Site (Site) Tube area. This project will be completed in two wastewater treatment plant. stages: the first stage being to convey wet weather flows to the sewage treatment plant with completion by the end The Site is a former manufacturing facility that proof 2001. Based on the results of monitoring conducted by duced synthetic fibers between 1929 and 1986. FMC the end of 2002, the second stage will involve construction owned the facility between 1963 and 1976. The Crawford of primary treatment and disinfection facilities on com- County Development Corporation (CCDC) currently owns bined sewer overflows as needed. the Site. The facility at the Site utilized a wastewater treatment plant that gradually leaked mercury into the The Department’s review of the sewage facilities update media within the trickling filter tanks. Further amounts revision has not identified any significant environmental of mercury were also released during demolition activities impacts resulting from this proposal. conducted by the CCDC in 1995 through early 1997. SAFE DRINKING WATER As an owner of the Site subsequent to the releases at the Site, and during a period of time that the release and Operation Permit issued under the Pennsylvania threatened release of hazardous substances occurred at Safe Drinking Water Act (35 P. S. §§ 721.1—721.17). the Site, FMC is a ‘‘responsible party’’ as defined in section 103 of the HSCA. Under the terms of the CO&A, Regional Office: Northcentral Field Operations, Envi- FMC will conduct an environmental investigation at the ronmental Program Manager, 208 West Third Street, Suite wastewater treatment plant, to determine the nature and 101, Williamsport, PA 17701. extent of the release of mercury associated with the

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3661 trickling filter tanks. The Department has approved a The proposed Consent Decree with BASF was lodged Work Plan submitted by FMC, which delineates the work with the United States District Court for the Eastern to be conducted for the aforementioned environmental District of Pennsylvania on June 29, 1999. Under the investigation at the Site. terms of the Consent Decree subject to this notice, the The specific terms of this settlement are set forth in the Department will receive a total of $48,500. CO&A between the Department and FMC. The Depart- This notice is provided under section 1113 of the HSCA. ment will receive and consider comments relating to the The proposed Consent Decree is subject to final approval CO&A for 60 days from the date of this public notice. The by the Department following the receipt and review of Department has the right to withdraw its consent to the comments submitted by the public. The proposed Consent CO&A if the comments concerning the CO&A disclose Decree contains the specific terms of the settlement and facts or considerations which indicate that the CO&A is is available for public review and comment. The proposed inappropriate, improper or not in the public interest. Consent Decree can be examined from 8 a.m. to 4 p.m. at After the public comment period, the Department’s settle- the Department’s office at 555 North Lane, Suite 6010 ment with FMC shall be effective upon the date that the Lee Park, Conshohocken, PA 19428 by contacting Sonja Department notifies FMC, in writing, that this Consent Smith at (610) 832-6003 or through the PA AT&T Relay Order and Agreement is final and effective in its present Service at (800) 654-5984 (TDD). A public comment period form, and that the Department has filed a response to on the proposed consent order and agreement will extend significant written comments to the CO&A, or that no for 60 days from the date of publication of this notice. comments were received. Persons may submit written comments regarding the Copies of the CO&A and Work Plan are available for proposed Consent Decrees to the Department by Septem- inspection at the Department’s office at 230 Chestnut ber 8, 1999, by submitting them to April Flipse, Project Street, Meadville, PA. Comments may be submitted, in Officer, at the previous address. writing, to Mark Gorman, Program Manager, Department LAND RECYCLING AND of Environmental Protection, Hazardous Sites Cleanup, 230 Chestnut Street, Meadville, PA 16335. Further infor- ENVIRONMENTAL REMEDIATION mation may be obtained by contacting Mark Gorman at Under Act 2, 1995 (814) 332-6648. TDD users may contact the Department through the Pennsylvania Relay Service at (800) 645- Preamble 2 5984. The following final reports were submitted under Settlement Under the Hazardous Sites Cleanup Act the Land Recycling and Environmental Remedia- Quality Container Corporation Site tion Standards Act (35 P. S. §§ 6026.101—6026.908). City of Philadelphia, Philadelphia County Provisions of Chapter 3 of the Land Recycling and The Department of Environmental Protection (Depart- Environmental Remediation Standards Act (act) require ment), under the authority of the Hazardous Sites the Department of Environmental Protection (Depart- Cleanup Act (HSCA) (35 P. S. §§ 6020.101—6020.1305), ment) to publish in the Pennsylvania Bulletin a notice of has entered into a Consent Decree with BASF Corpora- submission of final reports. A final report is submitted to tion (BASF) to settle the Department’s claims against document cleanup of a release of a regulated substance at BASF in the matter of Commonwealth of Pennsylvania, a site to one of the act’s remediation standards. A final Department of Environmental Protection v. Quality Con- report provides a description of the site investigation to tainer Corporation et al., Civil Action No. 99-CV-644. The characterize the nature and extent of contaminants in Department filed a complaint in the referenced matter on environmental media, the basis for selecting the environ- February 5, 1999, seeking reimbursement of the Depart- mental media of concern, documentation supporting the ment’s costs incurred for conducting response activities at selection of residential or nonresidential exposure factors, the Quality Container Corporation (QCC) site. The QCC a description of the remediation performed and summa- site is a parcel of land of approximately 1.25 acres located ries of sampling methodology and analytical results which in the City of Philadelphia, Philadelphia County, at the demonstrate that the remediation has attained the intersection of Collins Street and E. Ontario Street. The cleanup standard selected. surrounding area is zoned commercial and residential. For further information concerning the final report, QCC operated a drum reconditioning facility from 1977 contact the Environmental Cleanup Program Manager in through 1990. QCC stopped operations in 1990 and the Department’s Regional Office under which the notice subsequently abandoned the site leaving roll-off contain- of receipt of a final report appears. If information con- ers, drums and wastes generated by facility operations. In cerning a final report is required in an alternative form, addition, process equipment on the site was not cleaned contact the community relations coordinator at the appro- of wastes at the time the facility was abandoned. The priate Regional Office listed. TDD users may telephone roll-off containers, drums, process equipment and aban- the Department through the AT&T Relay Service at (800) doned wastes were not contained and were accessible to 654-5984. the public. The Department has received the following final re- Because of the threat to human health and the environ- ports: ment posed by the QCC site, the site was deemed as an Southeast Regional Office: Environmental Cleanup Pro- HSCA site on August 12, 1994, under section 502 of the gram Manager, Lee Park, Suite 6010, 555 North Lane, HSCA. The Department subsequently implemented and Conshohocken, PA 19428, (610) 832-5950. completed an interim response from March 20, 1995, through February 8, 1996, to address the release or Elizabeth Gardner and Mary Lynn Stephan Resi- threat of release of hazardous substances. To date, the dences, New Hope Borough, Bucks County. Brian R. Department has incurred response costs of approximately Evans, Hydrocon Services, Inc., 2945 South Pike Avenue, $1.85 million related to the release or threat of release of Allentown, PA 18103, has submitted a Final Report hazardous substances. concerning remediation of site soil contaminated with

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3662 NOTICES

BTEX and polycyclic aromatic hydrocarbons. The report is one of the remediation standards of the Land Recycling intended to document remediation of the site to meet the and Environmental Remediation Standards Act (act). Statewide health standard. Plans and reports required by provisions of the act for Van Waters & Rogers, Inc., City of Philadelphia, compliance with selection of remediation to a site-specific Philadelphia County. Anthony J. Pirelli, Van Waters & standard, in addition to a final report, include a remedial Rogers, Inc., W205 N6849 Woodward Court, Menomonee investigation report, risk assessment report and cleanup Falls, WI 53051, has submitted a Remedial Investigation/ plan. A remedial investigation report includes conclusions Final Report concerning remediation of site soil and from the site investigation, concentration of regulated groundwater contaminated with solvents, and BTEX. The substances in environmental media, benefits of reuse of report is intended to document remediation of the site to the property, and in some circumstances, a fate and meet Statewide health and site-specific standards. transport analysis. If required, a risk assessment report describes potential adverse effects caused by the presence Chalfont Plaza Associates, L.P., New Britain Town- of regulated substances. A cleanup plan evaluates the ship, Bucks County. Darryl D. Borrelli, Manko, Gold & abilities of potential remedies to achieve remedy require- Katcher, LLP, Suite 500, 401 City Avenue, Bala Cynwyd, ments. A final report provides a description of the site PA 19004, has submitted a Remedial Investigation/Final investigation to characterize the nature and extent of Report concerning remediation of site soil contaminated contaminants in environmental media, the basis for se- with solvents, BTEX, petroleum hydrocarbons and lecting the environmental media of concern, documenta- polycyclic aromatic hydrocarbons; and groundwater con- tion supporting the selection of residential or nonresiden- taminated with solvents. The report is intended to docu- tial exposure factors, a description of the remediation ment remediation of the site to meet Statewide health performed and summaries of sampling methodology and and site-specific standards. analytical results which demonstrate that the remedia- Northcentral Regional Office: Michael C. Welch, Envi- tion has attained the cleanup standard selected. The ronmental Cleanup Program Manager, 208 West Third Department may approve or disapprove plans and reports Street, Suite 101, Williamsport, PA 17701-6448, (570) submitted. This notice provides the Department’s decision 321-6525. and, if relevant, the basis for disapproval. University Park Airport, Benner Township, Centre For further information concerning the plans and re- County. Major Renee M. Tatro, Environmental Manager, ports, contact the Environmental Cleanup Program Man- Pennsylvania Air National Guard, 62 Olmstead Boule- ager in the Department’s Regional Office under which the vard, Middletown, PA 17057, has submitted a Final notice of the plan or report appears. If information Report concerning the remediation of site soil contami- concerning a final report is required in an alternative nated with BTEX, PHCs and PAHs. The report is inform, contact the community relations coordinator at the tended to document remediation of the site to meet the appropriate Regional Office listed. TDD users may tele- Statewide health standard. phone the Department through the AT&T Relay Service at (800) 654-5984. Stroehmann Bakeries Roll Plant, Old Lycoming Township, Lycoming County. Converse Consultants on The Department has acted upon the following plans behalf of their client Stroehmann Bakeries, P. O. Box 976, and reports: Horsham, PA 19044, has submitted a Final Report con- Southeast Regional Office: Environmental Cleanup Pro- cerning the remediation of site soil and groundwater gram Manager, Lee Park, Suite 6010, 555 North Lane, contaminated with solvents, BTEX and PHCs. The report Conshohocken, PA 19428, (610) 832-5950. is intended to document remediation of the site to meet the Statewide Health Standard. National Publishing Co., (Former), City of Philadel- phia, Philadelphia County. Kristopher A. Saum, Entrix, Lock Haven University of Pennsylvania—Former Inc., 246 Main Street, 2nd Floor, Walpole, MA 02081, has KCSD Vocational Agriculture Center and Athletic submitted a Final Report concerning remediation of site Fields, City of Lock Haven, Clinton County. Converse soil contaminated with petroleum hydrocarbons and Consultants on behalf of their client Lock Haven Univer- polycyclic aromatic hydrocarbons. The report demon- sity of Pennsylvania, has submitted a Final Report strated attainment of the Statewide health standard and concerning the remediation of soil contaminated with was approved by the Department on June 9, 1999. heavy metals. The report is intended to document remediation of the site to meet the background standard. Trust of Samuel H. Keiser, Pottstown Borough, Montgomery County. Philip F. Gray, Jr., Storb Environ- LAND RECYCLING AND mental, Inc., 410 North Easton Road, Willow Grove, PA ENVIRONMENTAL REMEDIATION 19090, has submitted a Final Report concerning remediation of site soils contaminated with BTEX and petroleum Under Act 2, 1995 hydrocarbons. The report demonstrated attainment of the Preamble 3 Statewide health standard and was approved by the Department on June 10, 1999. The Department has taken action on the following Staats Oil (Former), Malvern Borough, Chester plans and reports under the Land Recycling and County. Sean Grexa, The Tyree Organization, Ltd., 1350 Environmental Remediation Standards Act (35 S. US Highway 130, Burlington, NJ 08016, has submitted P. S. §§ 6026.101—6026.908) and Chapter 250 Ad- a Final Report concerning remediation of site soils con- ministration of Land Recycling Program. taminated with BTEX and polycyclic aromatic hydrocarbons and groundwater contaminated with polycyclic aro- Provisions of 25 Pa. Code § 250.8 Administration of matic hydrocarbons. The report demonstrated attainment Land Recycling Program requires the Department of of the Statewide health standard and was approved by Environmental Protection (Department) to publish in the the Department on June 14, 1999. Pennsylvania Bulletin a notice of its final actions on plans and reports. A final report is submitted to document Pennsylvania College of Optometry, City of Phila- cleanup of a release of a regulated substance at a site to delphia, Philadelphia County. Michael Williams,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3663

Clayton Services, Corp., 1201 Bethlehem Pike, Suite 105, Empire Trucking Company, Inc., RR 1, Box 198, North Wales, PA 19454, has submitted a Final Report Shamokin, PA 17872; License No. PA-AH 0622; license concerning remediation of site soils contaminated with issued June 16, 1999. BTEX, petroleum hydrocarbons and polycyclic aromatic hydrocarbons. The report demonstrated attainment of the Hukill Chemical Corporation, 7013 Krick Road, Statewide health standard and was approved by the Bedford, OH 44146; License No. PA-AH 0625; license Department on June 14, 1999. issued June 24, 1999. Laidlaw Carriers Inc., 1179 Ridgeway Road, Metroplex Corporate Center, Plymouth Township, Woodstock, ON N4S 8P6; License No. PA-AH 0624; Montgomery County. J. Curtis Hatfield, Pennoni Asso- license issued June 24, 1999. ciates, Inc., One Drexel Plaza, 3001 Market St., Philadel- phia, PA 19104-2897, has submitted a Remedial Tri-S Environmental Services, Inc., 25 Pinney Investigation/Risk Assessment Report and Cleanup Plan Street, Ellington, CT 06029; License No. PA-AH 0626; concerning remediation of site soil contaminated with license issued June 24, 1999. asbestos. The combined report was approved by the Department on June 16, 1999. USL Environmental Services, Inc., dba A&A Envi- ronmental, 5200 Radnor Avenue, Linthicum, MD 21090; Metroplex Shopping Center, Plymouth Township, License No. PA-AH 0621; license issued June 16, 1999. Montgomery County. J. Curtis Hatfield, Pennoni Asso- ciates, Inc., One Drexel Plaza, 3001 Market St., Philadel- License expired under the Solid Waste Management phia, PA 19104-2897, has submitted a Remedial Act (35 P. S. §§ 6018.101—6018.1003) and regula- Investigation/Risk Assessment Report and Cleanup Plan tions for license to transport hazardous waste. concerning remediation of site soil contaminated with heavy metals and asbestos; and groundwater contami- Bureau of Land Recycling and Waste Management: nated with lead and benzene. The combined report was Division of Hazardous Waste Management, P. O. Box approved by the Department on June 16, 1999. 8471, Harrisburg, PA 17105-8471. Reiniger Brothers, Inc., and Reiniger Brothers, Enviro-Trans, Inc., P. O. Box 409, Americus, GA Upper Moreland Township, Montgomery County. Dar- 31709; License No. PA-AH 0562; license expired on May ryl D. Borrelli, Manko, Gold & Katcher, LLP, Suite 500, 31, 1999. 401 City Avenue, Bala Cynwyd, PA 19004, has submitted a Final Report concerning remediation of site soil con- Renewal licenses issued under the Solid Waste taminated with lead, heavy metals and pesticides. The Management Act (35 P. S. §§ 6018.101—6018.1003) report demonstrated attainment of the Statewide health and regulations for license to transport hazard- standard and was approved by the Department on June ous waste. 17, 1999. Bureau of Land Recycling and Waste Management: Unisys Corporation Blue Bell, Whitpain Township, Division of Hazardous Waste Management, P. O. Box Montgomery County. William J. Ponticello, P. G., Penn 8471, Harrisburg, PA 17105-8471. E & R, Inc., 2755 Bergey Road, Hatfield, PA 19440, has Buckham Transport Limited, P. O. Box 601, submitted a Final Report concerning remediation of site Peterborough, ON K9J 6Z8; License No. PA-AH 0336; groundwater contaminated with solvents. The report renewal license issued June 8, 1999. demonstrated attainment of the Statewide health standard and was approved by the Department on June 24, Bulova Technologies, L.L.C., 101 North Queen 1999. Street, Lancaster, PA 17604; License No. PA-AH 0493; renewal license issued June 2, 1999. Northwest Regional Office: Craig Lobins, Environmen- tal Cleanup Program Manager, 230 Chestnut Street, Clean Venture, Inc., 201 South First Street, Eliza- Meadville, PA 16335, (814) 332-6648. beth, NJ 07206; License No. PA-AH 0299; renewal license issued June 3, 1999. Wolff’s Hardware, 33 Mead Avenue, City of Meadville, County of Crawford, has submitted a Final Report Earth Protection Services, Inc., P. O. Box 23820, concerning remediation of the site contaminated with Phoenix, AZ 85063-3820; License No. PA-AH 0570; re- lead. The report demonstrated attainment of the State- newal license issued June 3, 1999. wide health standard and was approved by the Depart- Enmanco, Corp., 42826 North Walnut Street, Mt. ment on June 17, 1999. Clemens, MI 48043; License No. PA-AH 0574; renewal SOLID AND HAZARDOUS WASTE license issued June 21, 1999. Fuel Tank Maintenance Service Inc., P. O. Box 305, LICENSE TO TRANSPORT HAZARDOUS WASTE Ridgefield Park, NJ 07660; License No. PA-AH 0491; renewal license issued June 7, 1999. Licenses issued under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003) and regula- Safety-Kleen Systems, Inc., 1 Brinckman Way, tions for license to transport hazardous waste. Elfgin, IL 60123; License No. PA-AH 0172; renewal license issued June 9, 1999. Bureau of Land Recycling and Waste Management: Safety-Kleen (TG), Inc., P. O. Box 11393, Columbia, Division of Hazardous Waste Management, P. O. Box SC 29221; License No. PA-AH 0271; renewal license 8471, Harrisburg, PA 17105-8471. issued June 9, 1999. Berry & Smith Trucking Ltd., 301 Warren Avenue T. F. Boyle Transportation, Inc., 15 Riverhurst Road, East, Penticton, BC V2A 3M1; License No. PA-AH 0623; Billerica, MA 01821; License No. PA-AH 0572; renewal license issued June 16, 1999. license issued June 1, 1999.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3664 NOTICES

United Environmental Group, Inc., 241 Mcaleer Southwest Regional Office: Regional Solid Waste Man- Road, Sewickley, PA 15143; License No. PA-AH 0431; ager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, renewal license issued June 4, 1999. (412) 442-4000. BENEFICIAL USE DETERMINATIONS Permit ID No. 100419. J&JLandfill, CBF, Inc., R. D. 1, Box 266, Route 21, McClellandtown, PA 15458. Approval of Determination of Applicability under Operation of a municipal waste landfill in German Town- the Solid Waste Management Act (35 P. S. ship, Fayette County. Major permit modification for §§ 6018.101—6018.1003); the Municipal Waste changes to design of final grades which does not increase Planning, Recycling and Waste Reduction Act (53 the overall site capacity, issued in the Regional Office on P. S. §§ 4000.101—4000.1904); and residual waste June 28, 1999. regulations for a general permit to operate residual waste processing facilities and the benefi- Closure Plan approved under the Solid Waste Man- cial use of residual waste other than coal ash. agement Act (35 P. S. §§ 6018.101—6018.1003) and regulations for closure of a solid waste disposal Northeast Regional Office: Regional Solid Waste Man- area or site. ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) 826-2511. Northeast Regional Office: Regional Solid Waste Man- ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) I. D. No. WMGR038NE004. The Goodman Group, 826-2511. Ltd., 301 N. Front Street, Allentown, PA 18102. A Determination of Applicability approval authorizing the Permit I. D. No. 301085. Keystone Cement Compa- beneficial use of baled waste tires from the Carr Tire Site ny’s Residual Waste Landfill, Keystone Cement Com- located in Richland Township, Bucks County, to be used pany, P. O. Box A, Bath, PA 18014-0058. A permit modifi- as a core section of an engineered earthen berm at the cation approving the closure plan for Keystone Cement Goodman Group property, located in Whitehall Township, Company’s existing residual waste (brick) landfill, located Lehigh County. The approval was granted in the Re- in East Allen Township, Northampton County. This gional Office on April 1, 1999. closure plan provides for the removal of all waste and contaminated underlying materials at this 4 acre renovat- HAZARDOUS WASTE, TREATMENT, STORAGE ing soil residual waste disposal facility. The waste and AND DISPOSAL FACILITIES contaminated underlying soil media will be disposed at either Keystone Cement Company’s proposed captive Permits issued under the Solid Waste Management Class II residual waste landfill or at an approved offsite Act (35 P. S. §§ 6018.101—6018.1003) and regula- commercial disposal facility. This closure plan approval tions to operate hazardous waste treatment, stor- was granted by the Regional Office on May 28, 1999. age or disposal facility. PREVIOUSLY UNPERMITTED CLASS OF SPECIAL HANDLING WASTE Northeast Regional Office: Regional Solid Waste Man- ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (570) INFECTIOUS OR CHEMOTHERAPEUTIC WASTE 826-2511. License issued under the Solid Waste Management PAD 003001070. Air Products and Chemicals Act (35 P. S. §§ 6018.101—6018.1003), the Infectious Trexlertown Facility, Air Products and Chemicals, Inc., and Chemotherapeutic Waste Law (35 P. S. 7201 Hamilton Boulevard, Allentown, PA 18195-1501. A §§ 6019.1—6019.6) and regulations for license to minor permit modification to the hazardous waste recy- transport infectious and chemotherapeutic waste. cling permit, authorizing the addition of newly regulated waste codes to the permit and the alteration of the Bureau of Land Recycling and Waste Management: hazardous waste storage area by installing a Bird-X Division of Hazardous Waste Management, P. O. Box Ultrasonic Bird Repeller at the entrance to each cell at 8471, Harrisburg, PA 17105-8471. this hazardous waste facility located in Upper Macungie Township, Lehigh County. The modification was issued Sterilogic Waste Systems, Inc., P. O. Box 84, in the Regional Office on May 19, 1999. Kempton, PA 19529-0084; License No. PA-HC 0208; license issued June 15, 1999. OPERATE WASTE PROCESSING OR DISPOSAL AREA OR SITE Renewal licenses issued under the Solid Waste Management Act (35 P. S. §§ 6018.101—6018.1003), Permits issued under the Solid Waste Management the Infectious and Chemotherapeutic Waste Law Act (35 P. S. §§ 6018.101—6018.1003) and regula- (35 P. S. §§ 6019.1—6019.6) and regulations for tions to operate solid waste processing or dis- license to transport infectious and chemothera- posal area or site. peutic waste.

Southcentral Regional Office: Regional Solid Waste Pro- Bureau of Land Recycling and Waste Management: gram, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) Division of Hazardous Waste Management, P. O. Box 705-4706. 8471, Harrisburg, PA 17105-8471. Carlucci Construction Company, Inc., 401 Meadow Permit No. 300808. Boose Aluminum Landfill, Street, Cheswick, PA 15024; License No. PA-HC 0015; Boose Aluminum Foundry (77 North Reamstown Road, renewal license issued June 2, 1999. P. O. Box 261, Reamstown, PA 17567). Application for closure of a residual waste landfill in East Cocalico John Pfrommer Inc., 1320 Ben Franklin Highway Township, Lancaster County. Permit issued in the East, Douglassville, PA 19518-1899; License No. PA-HC Regional Office June 21, 1999. 0022; renewal license issued June 2, 1999.

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AIR QUALITY 38-302-057: G&HFortyniners, Inc. (P. O. Box 37, Fredericksburg, PA 17026), issued May 9, 1999, to autho- OPERATING PERMITS rize temporary operation of one boiler 800 HP, oil or natural gas fired, (Johnson Boiler), 32.4 mmbtu/hr, cov- Operating Permits issued under the Air Pollution ered under this Plan approval until September 6, 1999, Control Act (35 P. S. §§ 4001—4015) and regula- located at Chestnut Hill Road in Bethel Township, Leba- tions to construct, modify, reactivate or operate non County. This source is subject to 40 CFR Part 60.4, air contamination sources and associated air Subpart Dc, Standards of Performance for Small cleaning devices. Industrial-Commercial-Institutional Steam Generating Units of the Standards of Performance for New Station- Southcentral Regional Office: Air Quality Program, 909 ary Source. Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. 67-310-001E: York Building Products Co., Inc. 06-302-171A: Premium Beverage Packers, Inc. (P. O. Box 1708, York, PA 17405), issued June 14, 1999, to (1055 Cross Roads Blvd., Reading, PA 19605), issued June authorize temporary operation of an aggregate processing 23, 1999, for operation of two boilers (Kewanee) using low plant covered under this Plan Approval until October 12, NOx burner technology at the Specialty Beverage Plant 1999, in West Manchester Township, York County. This located in Muhlenberg Township, Berks County. This source is subject to 40 CFR Part 60, Subpart OOO, source is subject to 40 CFR Part 60, Subpart Dc, Stan- Standards of Performance for Nonmetallic Mineral Pro- dards of Performance for New Stationary Sources for cessing Plants. Small Industrial-Commercial-Institutional Steam Gener- ating Units. MINING Minor Modification of Plan Approvals issued under APPROVALS TO CONDUCT COAL AND NONCOAL the Air Pollution Control Act (35 P. S. §§ 4001— ACTIVITIES 4015) and regulations to construct, modify, reacti- Actions on applications under the Surface Mining Con- vate or operate air contamination sources and servation and Reclamation Act (52 P. S. §§ 1396.1— associated air cleaning devices. 1396.19A); the Noncoal Surface Mining Conservation and Reclamation Act (52 P. S. §§ 3301—3326); The Clean Northcentral Regional Office: Air Quality Program, 208 Streams Law (35 P. S. §§ 691.1—691.1001: the Coal West Third Street, Suite 101, Williamsport, PA 17701, Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); (570) 327-3637. The Bituminous Mine Subsidence and Land Conservation 08-316-011A: Masonite Corp. (P. O. Box 311, Act (52 P. S. §§ 1406.1—1406.21). The final action on Towanda, PA 18848), on June 22, 1999, to extend a each application also constitutes action on the request for particulate matter stack test deadline an additional 90 401 water quality certification. Mining activity permits days in Wysox Township, Bradford County. issued in response to the applications will also address the applicable permitting requirements of the following PLAN APPROVALS statutes: the Air Quality Control Act (35 P. S. §§ 4001— 4015); the Dam Safety and Encroachments Act (32 P. S. Plan Approvals issued under the Air Pollution Con- §§ 693.1—693.27); and the Solid Waste Management Act trol Act (35 P. S. §§ 4001—4015) and regulations to (35 P. S. §§ 6018.101—6018.1003). construct, modify, reactivate or operate air contamination sources and associated air cleaning Ebensburg District Office, 437 South Center Street, P. O. devices. Box 625, Ebensburg, PA 15931-0625. Coal Permits Issued Southcentral Regional Office: Air Quality Program, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. 32980114. Simpson Coal Company (R. D. 1, Box 244, New Alexandria, PA 15670), commencement, operation 06-5065A: Glen Gery Corp. (423 South Pottsville and restoration of a bituminous strip-auger mine in Pike, Shoemakersville, PA 19555), issued June 22, 1999, Young Township, Indiana County, affecting 67.5 acres, for construction of a brick shuttle kiln using low NOx receiving stream Blacklegs Creek and unnamed tributary burner technology at the Mid-Atlantic Plant in Perry to Blacklegs Creek. Application received November 16, Township, Berks County. 1998. Permit issued June 17, 1999. 67-05026A; Donsco, Inc. (P. O. Box 2001, Wrightsville, 32980201. Ridge Energy Company (R. D. 2, Box 429, PA 17368-0040), issued June 21, 1999, for installation of Clymer, PA 15728), commencement, operation and resto- two core making systems at the Wrightsville Foundry in ration of a coal refuse reprocessing/coal refuse disposal Wrightsville Borough, York County. mine in Pine Township, Indiana County, affecting 16.0 67-304-024B: R. H. Sheppard Co., Inc. (P. O. Box acres, receiving stream Yellow Creek to Two Lick Creek to 877, Hanover, PA 17331), issued June 21, 1999, for the Conemaugh River. Application received December 11, construction of a foundry sand handling system No. 2 1998; issued June 24, 1999. controlled by fabric collectors at Rear 447 East Middle Greensburg District Office, R. D. 2, Box 603-C, Street in Hanover Borough, York County. Greensburg, PA 15601. Plan Approvals extensions issued under the Air 03890106R. Walter L. Houser Coal Co., Inc. (RR 9, Pollution Control Act (35 P. S. §§ 4001—4015) and Box 434, Kittanning, PA 16201). Renewal issued for regulations to construct, modify, reactivate or continued reclamation only of a bituminous surface mine operate air contamination sources and associated located in Kittanning Township, Armstrong County, air cleaning devices. affecting 134 acres. Receiving streams: two unnamed tributaries to Mill Run and Mill Run and the Cowanshan- Southcentral Regional Office: Air Quality Program, 909 nock Creek. Application received: April 13, 1999. Renewal Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. issued: June 22, 1999.

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26890103R. Durant Excavating Company (18 N. 30810703. Consol PA Coal Co. (P. O. Box 174, Ross Street, Masontown, PA 15461-1764). Renewal issued Graysville, PA 15337), to renew the permit for the Bailey for continued operation and reclamation of a bituminous Coal Refuse Disposal Area in Richhill Township, Greene surface mine located in Nicholson Township, Fayette County to renew 511 acre site, no additional discharges. County, affecting 32 acres. Receiving streams: unnamed Permit issued June 14, 1999. tributaries to Cats Run to Monongahela River. Applica- 30841317. Consol Pennsylvania Coal Co. (P. O. Box tion received: April 14, 1999. Renewal issued: June 22, 174, Graysville, PA 15337), to revise the permit for the 1999. Enlow Fork Mine in Richhill Township, Greene County, 65980106. LMM, Inc. (P. O. Box 517, Stoystown, PA to add C-2 water handling borehole, no additional dis- 15563). Permit issued for commencement, operation and charges. Permit issued June 14, 1999. reclamation of a bituminous surface/auger mine located in 11911601. E. P. Bender Coal Co., Inc. (P. O. Box 594, South Huntingdon Township, Westmoreland County, Main and Lehmier Sts., Carrolltown, PA 15722), to renew affecting 40 acres. Receiving streams: unnamed tributary the permit for the Dysart Siding Tipple in Dean Town- to Sewickley Creek, to Sewickley Creek, to Youghiogheny ship, Cambria County, no additional discharges. Permit River. Application received: November 16, 1998. Permit issued June 14, 1999. issued: June 22, 1999. 16901602. Ancient Sun, Inc. (P. O. Box 129, Main St., 63990101. Robinson Coal Company (200 Neville Shippenville, PA 16254), to renew the permit for the Road, Pittsburgh, PA 15225). Permit issued for com- Ancient Sun Tipple in Ashland Township, Clarion mencement, operation and reclamation of a bituminous County, no additional discharges. Permit issued June 23, surface mine located in Robinson Township, Washington 1999. County, affecting 54 acres. Receiving streams: unnamed tributary to Robinson Run. Application received: Febru- Knox District Office, P. O. Box 669, Knox, PA 16232. ary 11, 1999. Permit issued: June 23, 1999. Noncoal Permits Issued 02930201R. Allegheny Valley Resources, Inc. (623 37870301. I. A. Construction Corporation (P. O Box West Waldheim Road, Pittsburgh, PA 15216-1846). Re- 8, Concordville, PA 19331). Transfer of an existing sand newal issued for continued operation and reclamation of a and gravel operation from A. Medure Sand & Gravel bituminous surface mine and coal preparation/processing Company, Inc. in Wayne Township, Lawrence County facility located in West Deer Township, Allegheny affecting 116.2 acres. Receiving streams: Unnamed tribu- County, affecting 56 acres. Receiving streams: Little tary to Duck Run and Unnamed tributary to Con- Deer Creek and an unnamed tributary to Little Deer noquenessing Creek. Application received: March 5, 1999. Creek. Application received: March 25, 1999. Renewal Permit Issued: June 15, 1999. issued: June 24, 1999. Ebensburg District Office, 437 South Center Street, P. O. Knox District Office, P. O. Box 669, Knox, PA 16232. Box 625, Ebensburg, PA 15931-0625. 33930107. Leonard Yenzi, (P. O. Box 62, Anita, PA Small Industrial Minerals Applications Issued 15711). Renewal of an existing bituminous strip operation 11980801. Kevin E. Hite (516 Eckenrode Mill Road, in Pinecreek and Warsaw Townships, Jefferson County Patton, PA 16668), commencement, operation and restora- affecting 383.3 acres. Receiving streams: Unnamed tribu- tion of a slate pit in East Carroll Township, Cambria tary to Laurel Run, Unnamed tributaries to Little Mill County, affecting 5.0 acres, receiving stream Laurel Lick Creek, three unnamed tributaries to Mill Creek. Applica- Run to Chest Creek. Application received December 3, tion received: April 21, 1999. Permit Issued: June 16, 1998; issued June 22, 1999. 1999. Pottsville District Office, 5 West Laurel Boulevard, 16940104. Cookport Coal Company, Inc. (425 Mar- Pottsville, PA 17901-2454. ket Street, Kittanning, PA 16201). Revision to an existing bituminous strip operation to change the postmining land Small Noncoal (Industrial Mineral) Permits Issued use from forestland to pastureland/land occasionally cut 66990801. William M. Ruark (P. O. Box 311, Meshop- for hay on the John R. Jones property in Toby Township, pen, PA 18630), commencement, operation and restoration Clarion County affecting 28.4 acres. Receiving of a bluestone quarry operation in Meshoppen Township, streams: One unnamed tributary to Cherry Run. Applica- Wyoming County affecting 2.0 acres, receiving stream— tion received: April 26, 1999. Permit Issued: June 18, none. Permit issued June 24, 1999. 1999. ACTIONS TAKEN UNDER SECTION 24980106. Fairview Coal Company (P. O. Box R, 401: FEDERAL WATER POLLUTION Ridgway, PA 15853). Commencement, operation and restoration of a bituminous strip and auger operation in CONTROL ACT Horton Township, Elk County, affecting 223.1 acres. ENCROACHMENTS Receiving streams: Unnamed tributaries to Johnson Run, Unnamed tributaries to Brandy Camp Creek. Application The Department of Environmental Protection (Depart- received: November 30, 1998. Permit Issued: June 18, ment) has taken the following actions on previously 1999. received Dam Safety and Encroachment permit applications, requests for Environmental Assessment approval McMurray District Office, 3913 Washington Road, and requests for Water Quality Certification under sec- McMurray, PA 15317. tion 401 of the Federal Water Pollution Control Act (33 U.S.C.A. § 1341(a)). 32831303. Florence Mining Company (P. O. Box 51, New Florence, PA 15944), to revise the permit for the Persons aggrieved by this action may appeal, under Florence No. 2 Mine in West Wheatfield Township, Indi- section 4 of the Environmental Hearing Board Act (35 ana County to change postmining land use, no addi- P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 tional discharges. Permit issued June 10, 1999. (relating to the Administrative Agency Law) to the Envi-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3667 ronmental Hearing Board, 400 Market Street, Floor 2, County. This permit was issued under section 105.13(e) P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787- ‘‘Small Projects.’’ This permit also includes 401 Water 3483. TDD users may contact the Board through the Quality Certification. Pennsylvania Relay Service, (800) 654-5984. Appeals must be filed with the Environmental Hearing Board E36-672. Encroachment. East Lampeter Township, within 30 days of receipt of the written notice of this Ralph Hutchison, 2205 Old Philadelphia Pike, Lancaster, action unless the appropriate statute provides a different PA 17602. To construct and maintain an additional time period. Copies of the appeal form and the Board’s 20-foot deck extension, to widen the existing Greenfield rules of practice and procedure may be obtained from the Road (T-549) bridge having a clear span of 25-feet with an Board at (717) 787-3483. This paragraph does not, in and average channel underclearance of 6-feet over Stauffer of itself, create any right of appeal beyond that permitted Run (WWF) and to widen the roadway from two lanes to by applicable statutes and decisional law. three lanes to create a center turning lane for improved highway safety (Lancaster, PA Quadrangle N: 10.0 Actions on applications filed under the Dam Safety inches; W: 0.1 inch) in East Lampeter Township, and Encroachments Act (32 P. S. §§ 693.1—693.27) Lancaster County. This permit also includes 401 Water and section 302 of the Flood Plain Management Quality Certification. Act (32 P. S. § 679.302) and sections 5 and 402 of E67-660. Encroachment. Crown American Proper- The Clean Streams Law (35 P. S. §§ 691.5 and ties, Kevin Evans, Pasquerilla Plaza, Johnstown, PA 691.402) and notice of final action for certification 15091. To construct and maintain a 9 linear foot culvert under section 401 of the Federal Water Pollution extension to an existing 16Ј × 6Ј concrete culvert and to Control Act (33 U.S.C.A. § 1341(a)). (Note: Permits realign 75 feet of concrete channel upstream of this issued for Small Projects do not include 401 Certifica- culvert in Willis Run (WWF) located north of SR 0030 tion, unless specifically stated in the description.) just east of SR 0074 for the purpose of constructing a new access ramp to the West Manchester Mall (West York, PA Southcentral Regional Office: Section Chief, Water Man- Quadrangle N: 17.7 inches; W: 2.4 inches) in West agement Program, Soils and Waterways Section, 909 Manchester Township, York County. This permit was Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) issued under section 105.13(e) ‘‘Small Projects.’’ This 705-4707. permit also includes 401 Water Quality Certification. E06-522. Encroachment. Exeter Township, 4975 DeMoss Road, Reading, PA 19606. To construct and Northcentral Region: Water Management—Soils and maintain a pedestrian bridge having a span of 16 feet and Waterways, F. Alan Sever, Chief, 208 West Third St., an underclearance of 4 feet across a tributary to the Williamsport, PA 17701. Schuylkill River at a point immediately upstream of the E14-343. Encroachment. Pennsylvania Department Schuylkill River (Birdsboro, PA Quadrangle N: 7.2 inches; of Conservation and Natural Resources,P.O.Box W: 16.4 inches) and to construct and maintain a pedes- 8552, Harrisburg, PA 17105-8552. To remove the existing trian bridge having a span of 56 feet and an underclear- structure and to construct and maintain a single span ance of 6 feet across the channel of Antietam Creek at a A-frame bridge with a clear span of 30.7 feet and an point immediately upstream of the Schuylkill River underclearance of 6.25 feet on existing abutments with (Birdsboro, PA Quadrangle N: 6.0 inches; W: 13.7 inches) new concrete caps located 12 miles northeast on Poe for the purpose of constructing the Schuylkill River Train Valley Road from the intersection of Rt. 322 (Coburn, PA in Exeter Township, Berks County. This permit was Quadrangle N: 15.36 inches; W: 5.88 inches) in Haines issued under section 105.13(e) ‘‘Small Projects.’’ This Township, Centre County. This permit was issued under permit also includes 401 Water Quality Certification. section 105.13(e) ‘‘Small Projects.’’ This permit also in- E07-311. Encroachment. Westvaco Corporation, 1600 cludes 401 Water Quality Certification. Pennsylvania Avenue, Tyrone, PA 16686. To remove the E17-331. Encroachment. Pennsylvania Department deck and steel superstructure of an existing bridge and to of Conservation and Natural Resources,P.O.Box construct and maintain a pedestrian walkway on the 8451, Harrisburg, PA 17105-8451. To remove the existing existing bridge piers across Bald Eagle Creek (TSF) structure and to construct and maintain a 19 foot single located at Westvaco Corporation (Tyrone, PA Quadrangle span bridge with a minimum underclearance of 8.1 feet N: 10 inches; W: 15 inches) in Tyrone Borough, Blair across Jack Dent Branch. This project is located on Jack County. This permit was issued under section 105.13(e) Dent Road about 0.9 mile east of its intersection with ‘‘Small Projects.’’ Medix Grade Road (Huntley, PA Quadrangle N: 17.75 E36-670. Encroachment. East Earl Township, 4610 inches; W: 0.19 inch) in Goshen Township, Clearfield Division Hwy, East Earl, PA 17519. To remove the County. This permit was issued under section 105.13(e) existing deteriorated structure, construct and maintain ‘‘Small Projects.’’ This permit also includes 401 Water twin precast reinforced concrete box culverts with each Quality Certification. culvert having a 9-foot span and a 3-foot rise waterway E59-384. Encroachment. Pennsylvania Department opening in a tributary to Mill Creek (HW-CWF). The of Transportation, Engineering District 3-0, P. O. Box project is located on Ranck Road (SR 1006) along the 218, Montoursville, PA 17754-0218. To remove an existing south side of the intersection of Airport Road (T-765). structure and to construct, operate and maintain a single The permit also authorizes the realignment of approxi- span prestressed concrete spread box beam that will carry mately 100 feet of upstream and downstream channel. SR 4035, Section 009, Segment—Offset 0090/0252 across Rock riprap is authorized to stabilize a 10 foot length at Catlin Hollow Run; a trout stocking fishery. The bridge the inlet and outlet of both culverts with a 6-inch raised will be constructed with a center-to-center of span of rock apron to divert normal low flows through one culvert 66.5-feet, and underclearance of 7.0-feet and a skew of entrance and exit within the two 30-foot transition sec- 49.5-degrees that will temporarily impact 0.003 acre of tions. The project will widen and improve the road wetland and 80-feet of waterway that is located along the intersection (New Holland, PA Quadrangle N: 17.7 northern right-of-way SR 0006 approximately 1,000-feet inches; W: 8.0 inches) in East Earl Township, Lancaster north of T-580 and SR 4035 intersection (Keeneyville, PA

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Quadrangle N: 4.6 inches; W: 0.7 inch) in Charleston Erie (Erie North, PA Quadrangle N: 3.6 inches; W: 8.9 Township, Tioga County. The permit will also authorize inches) located in the City of Erie, Erie County. the construction, operation, maintenance and removal of 1. Remove the existing breakwater. a temporary crossing of Catlin Hollow Run strictly for construction vehicle access. Upon completion of the bridge 2. Construct a 500-foot-long rock fill breakwater east of construction project, the temporary crossing shall be the existing breakwater having an interior slope of totally removed and the associated stream impacts re- 2.5H:1V and an exterior slope of 4H:1V with a top width stored to natural stream channel geometry, elevations of 20 feet including a 10-foot-wide concrete walkway. and contours. 3. Interior excavation to a bottom elevation of 568 feet Southwest Regional Office: Soils and Waterways Sec- (USGS Datum). tion, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. 4. Construct a concrete boat launch ramp and apron E63-497. Encroachment. Penn Plastic Company, measuring 50 feet wide by 100 feet long immediately east 2080 North Main Street, Washington, PA 15301. To of the existing concrete ramps. construct and maintain a 405 foot long, 60-inch diameter 5. Construct a 60-foot-long by 5-foot-wide floating boat stream enclosure in an Unnamed tributary to Chartiers dock inside the breakwater. Creek and to place and maintain fill in approximately DAM SAFETY 0.27 acre of wetlands for the purpose of constructing Phase III of Trinity Point consisting of a small commer- Actions on applications filed under the Dam Safety cial complex. The project is located on the south side of and Encroachments Act (32 P. S. §§ 693.1—693.27) Route 19, approximately 2,500 feet northeast from the and section 302 of the Flood Plain Management intersection of Route 19 and Route 70 (Interchange 7) Act (32 P. S. § 679.302) and sections 5 and 402 of (Washington East, PA Quadrangle N: 11.3 inches; The Clean Streams Law (35 P. S. §§ 691.5 and W: 12.8 inches) in South Strabane Township, Washing- 691.402) and notice of final action for certification ton County. The permittee has met wetland replacement under section 401 of the Federal Water Pollution obligations by contributing to the Wetland Replacement Control Act (33 U.S.C.A. § 1341(a)). Project. Central Office: Bureau of Waterways Engineering, 400 Permits Issued and Actions on 401 Certification Market Street, 3rd Floor, P. O. Box 8554, Harrisburg, PA Northwest Regional Office: Soils and Waterways Sec- 17105-8554, (717) 787-8568. tion, 230 Chestnut Street, Meadville, PA 16335-3481, (814) D36-293. Dam. Pennsylvania Power and Light, Inc. 332-6942. (Two North Ninth Street, Allentown, PA 18101-1179). To E25-576. Encroachment. Erie Western Pennsylvania close Ash basin No. 2 at the Holtwood Steam Electric Port Authority, 17 West Dobbins Landing, Erie, PA Station (SES) by regrading the ash in the basin, covering 16507-1424. To make the following modifications and the site with 2 feet of soil and seeding. Ash Basin No. 2 is maintain the East Avenue Access Area in and along Lake located in Martic Township, Lancaster County.

STORAGE TANKS The following Storage Tank Site Specific Installation Permits under the authority of the Storage Tank and Spill Prevention Act (35 P. S. §§ 6021.304, 504, 1101—1102) and 25 Pa. Code Chapter 245, Subchapter C have been issued by the Bureau of Watershed Conservation, Director, P. O. Box 8555, Harrisburg, PA 17105-8555, (717) 787-5267. SSIP Applicant Name County and Tank Type Permit No. and Address Municipality and Capacity 99-51-002 Westway Terminal Co. Inc. Philadelphia Co. AST storing 365 Canal Street Philadelphia City Caustic Soda Suite 2900 1,050,000 gallons New Orleans, LA 70130 99-10-001 Mine Safety Appliances Co. Butler Co. AST storing Sodium P. O. Box 429 Forward Twp. Potassium Alloy Pittsburgh, PA 15230 11,000 gallons 99-06-001 Scranton-Altoona Terminal Corp. Berks Co. AST Unleaded Gasoline 900 Eisenhower Boulevard Sinking Spring Boro 3,574,200 gallons, and Harrisburg, PA 17105 AST Unleaded Gasoline 4,567,700 gallons

Transmission Compressor Station project in Mann and SPECIAL NOTICES Southhampton Townships, Bedford County. Construction of the proposed project will result in a stormwater Notice of Public Hearing discharge to the Sideling Hill Creek watershed and The Department of Environmental Protection (Depart- Crooked Creek. Both the Sideling Hill Basin and Crooked ment) has scheduled a public hearing to receive testimony Creek are EV (exceptional value) watersheds. The hear- and comments on the proposed 102 Individual NPDES ing will be held on August 10, 1999, beginning at 7 p.m. permit for construction activities for the Columbia Gas at the Bedford County Conservation District office.

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Persons intending to testify at the hearing should The Department of Environmental Protection (Depart- register by Friday, July 23, 1999, by calling Karen Sitler ment) maintains an ERC registry in accordance with the at (717) 705-4904. If no person registers to present oral requirements of 25 Pa. Code § 127.209. The ERC registry comments by July 23, the hearing will not be held. In system provides for the tracking of the creation, transfer addition, if a person cannot attend the meeting, but and use of ERCs. Prior to registration of the credits, ERC wishes to submit written comments, they must notify Registry Applications are reviewed and approved by the Karen Sitler before July 23. Finally, persons interested in Department to confirm that the ERCs meet the require- finding out if anyone has registered, and if the hearing ments of 25 Pa. Code §§ 127.206—127.208. Registration will be held, should also contact Karen Sitler at the same of the credits in the ERC registry system constitutes number. certification that the ERCs satisfy applicable require- All testimony should be to the point. Each individual ments and that the credits are available for use. The will have up to 10 minutes for his/her presentation. To following registered, and certified ERCs in the ERC ensure that all speakers have a fair and equal opportu- Registry are currently available for use as follows: nity to present their testimony, relinquishing of time will (1) To satisfy new source review (NSR) emission offset be prohibited. Further details relating to the procedures ratio requirements. to be followed at the hearing will be outlined at the beginning of the proceedings. (2) To ‘‘net-out’’ of NSR at ERC-generating facilities. An appointment may be scheduled to review the permit (3) To sell or trade the ERCs for use as emission offsets application at the Southcentral Regional Office in Harris- at new or modified facilities. burg by contacting Mary DiSanto at (717) 705-4732 between the hours of 8 a.m. and 4 p.m., Monday through The certified ERCs shown as follows, expressed in tons Friday. per year (tpy), satisfy the applicable ERC requirements contained in 25 Pa. Code §§ 127.206—127.208. ERCs Persons with a disability who wish to attend the created from the curtailment or shutdown of a source or hearing but require an auxiliary aid, service or other facility expire for use as offsets 10 years after the accommodations to participate in the proceedings, should emission reduction occurs. ERCs generated by the over- contact the Department for assistance. TDD users may control of emissions by an existing facility do not expire use the AT&T Relay Service at (800) 654-5984. for use as offsets. However, credits in the registry which Certified Emission Reduction Credits in are not used in a plan approval will be discounted if new Pennsylvania’s ERC Registry air quality requirements are adopted by the Department or United States Environmental Protection Agency (EPA). Emission reduction credits (ERCs) are surplus, permanent, quantified and Federally enforceable emission re- For additional information concerning this listing of ductions used to offset emission increases of oxides of certified ERCs, contact Virendra Trivedi, Bureau of Air nitrogen (NOx), volatile organic compounds (VOCs) and Quality, Division of Permits, Department of Environmen- the following criteria pollutants: carbon monoxide (CO), tal Protection, 12th Floor, Rachel Carson State Office lead (Pb), oxides of sulfur (SOx), particulate matter (PM), Building, P. O. Box 8468, Harrisburg, PA 17105-8468, PM-10 and PM-10 precursors. (717) 787-4325.

Criteria Pollutant Certified ERCs Expiration Intended use Facility Information or Precursor Available (tpy) Date of ERCs

American National Can Company VOCs 166.7 11/06/2002 Trading County: Lehigh, PA Nonattainment status: Moderate Contact Person: R. M. Rivetna (312) 399-3392

National Fuel Gas Supply Corp. NOx 145.7 06/30/2002 Internal Use Knox Compressor Station County: Jefferson, PA Nonattainment status: Moderate Contact Person: Gary A. Young (814) 871-8657

National Fuel Gas Supply Corp. NOx 103.3 12/28/2002 Internal Use Roystone Compressor Station County: Warren, PA Nonattainment status: Moderate Contact Person: Gary A. Young (814) 871-8657

U. S. Naval Hospital NOx 30.5 3/31/2005 Trading County: Philadelphia Nonattainment Status: Severe Contact Person: Mark Donato (215) 897-1809

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Criteria Pollutant Certified ERCs Expiration Intended use Facility Information or Precursor Available (tpy) Date of ERCs United States Steel Group NOx 1101.7 8/01/2001 Trading County: Bucks VOC 18.1 Nonattainment Status: Severe Contact Person: Nancy Hirko (412) 433-5914 Lord Corporation NOx 9.5 12/20/2004 Trading Source: Two coal fired boilers County: Erie Ozone nonattainment status: Moderate Contact Person: Robert E. Nipper (814) 868-0924 Julian B. Slevin, Inc. VOCs 85.22 12/20/2005 Trading Recipient/Holder: Ronald W. Lockhart Sandra S. Lockhart Source Location: Lansdowne County: Delaware Ozone nonattainment status: Severe Contact Person: Seth Cooley (215) 979-1838 R. R. Donnelley & Sons Co. VOCs 33.0 Internal Use County: Lancaster Ozone nonattainment status: Moderate Contact Person: David A. York (717) 293-2056 Kurz Hastings Inc. VOCs 323.0 ERCs will be Trading County: Philadelphia proportionally Nonattainment Status: Severe reduced to Contact Person: Robert Wallace comply with (215) 632-2300 MACT standards for rotogravure and flexographic facilities. Pennsylvania Electric Company (Penelec) NOx 452.0 1/18/2001 Trading Source Location: Williamsburg Station VOCs 3.0 County: Blair Ozone nonattainment status: Moderate Contact Person: Tim McKenzie (814) 533-8670 Sharon Steel Corp. VOCs 10.7 11/30/2002 Trading Source Location: Farrell County: Mercer Ozone nonattainment status: Moderate Contact Person: Robert Trbovich (412) 983-6161 Pennsylvania Power Company (PA NOx 214.0 4/02/2003 Trading Power) Source Location: New Castle Plant County: Lawrence Ozone nonattainment status: Moderate Contact Person: Donald R. Schneider (412) 652-5531 Ford New Holland, Inc. NOx 4.0 1/22/2003 Trading Source Location: Mountville VOCs 78.0 County: Lancaster Ozone nonattainment status: Moderate Contact Person: William E. Knight (717) 355-4903 Mercersburg Tanning Company VOCs 20.0 10/1/2004 Trading Source Location: Mercersburg County: Franklin Ozone nonattainment status: Moderate Contact Person: David W. Warne (717) 765-0746

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Criteria Pollutant Certified ERCs Expiration Intended use Facility Information or Precursor Available (tpy) Date of ERCs I.H.F.P., Inc. NOx 24.45 4/1/2006 Trading Source Location: Milton Borough VOCs 12.88 County: Northumberland Ozone nonattainment status: Moderate Contact Person: Michael West (717) 742-6639 3M Minnesota Mining & Manufacturing VOCs 0.10 5/02/2001 Trading Source Name: 1E Coater VOCs 0.25 5/06/2001 Source Name: 2E Coater VOCs 44.80 4/18/2001 Source Name: 3E Coater VOCs 0.10 4/16/2001 Source Name: 4E Coater VOCs 17.90 4/26/2001 Source Name: 5E Coater VOCs 303.65 10/18/2001 Source Name: 3W Coater VOCs 275.10 5/13/2001 Source Name: 4W Coater Plant Location: Bristol, Bucks Ozone nonattainment status: Severe Contact Person: Belinda Wirth (612) 778-6014 Scranton-Altoona Terminal Corporation VOCs 18.36 1/1/2003 Trading Source Location: Pittston Township County: Luzerne Ozone nonattainment status: Moderate Contact Person: John M. Arnold (717) 939-0466 Metallized Paper Corporation of America VOCs 41.7 06/30/2006 Trading Recipient/Holder: PNC Bank, National Association, assignee (by private lien foreclosure) from Metallized Paper Corp. Source Location: McKeesport County: Allegheny Ozone nonattainment status: Moderate Contact Person: Martin Mueller (412) 762-5263 PPG Industries, Inc. VOCs 171.82 Trading Source Location: Springdale Complex County: Allegheny Ozone nonattainment status: Moderate Contact Person: Lori Burgess (412) 274-3884 York International Corporation VOCs 12.2 06/01/2006 Trading Sources: VOCs 2.7 10/01/2005 Trichloroethylene Vapor Degreaser (151) Trichloroethylene Vapor Degreaser (152) Source Location: Spring Garden Township County: York Ozone nonattainment status: Moderate Contact Person: Garen Macdonald (717) 771-7346 Pennzoil Products Company NOx 31.6 04/15/2002 Trading Source Location: Rouseville County: Venango Ozone nonattainment status: Moderate Contact Person: Lee E. Wilson (814) 678-4649 REXAM DSI NOx 9.42 11/22/2005 Trading Source Location: Muhlenberg Township SOx 51.05 County: Berks Ozone nonattainment status: Moderate Contact Person: LeRoy H. Hinkle (610) 916-4248

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Criteria Pollutant Certified ERCs Expiration Intended use Facility Information or Precursor Available (tpy) Date of ERCs Avery Dennison Corporation VOCs 219.53 Trading Fasson Roll North America Source Location: Quakertown County: Bucks Ozone nonattainment status: Severe Contact Person: Roy R. Getz (215) 538-6271 United States Steel SOx 46.4 11/02/2002 Trading Source Location: Edgar Thomson Works PM 64.7 County: Allegheny Ozone nonattainment status: Moderate Contact Person: Harry F. Flodowski (412) 281-7997 Baldwin Hardware Corporation VOCs 18.0 7/28/2005 Trading Source Location: Reading County: Berks Ozone nonattainment status: Moderate Contact Person: D. David Hancock, Jr. (215) 777-7811 Magee Rieter Automotive Systems NOx 0.39 4/17/2006 Internal Use Source Location: Bloomsburg VOCs 0.02 County: Columbia CO 0.08 Ozone nonattainment status: Moderate PM-10 0.01 Contact Person: Tim Bergerstock (717) 784-4100 National Fuel Gas Supply Corporation NOx 49.0 7/2/2008 Internal Use Sources: I. C. Engines 1, 2, 3 and 4 VOC 0.4 Source Location: Ellisburg Compressor CO 2.5 Facility County: Potter Ozone nonattainment status: Moderate Contact Person: Gary A. Young (814) 871-8657 Congoleum Corporation VOCs 0.9 Trading Source Location: Marcus Hook NOx 5.2 County: Delaware Ozone nonattainment status: Severe Contact Person: Robert G. Rucker (610) 485-8900 CNG Transmission Corporation NOx 39.28 10/27/2004 Internal use and Source Location: Leidy Township VOCs 0.55 trading County: Clinton Ozone nonattainment status: Moderate Contact Person: Sean R. Sleigh (304) 623-8462 Bethlehem Structural Products Corp. NOx 963.0 Varies from Trading Source Location: Bethlehem VOCs 21.0 11/18/2005 to County: Northampton SOx 1258.3 3/3/2007 Ozone nonattainment status: Moderate Contact Person: J. R. Koch (610) 694-2307 Morgan Adhesives Company (MACtac) VOCs 75 6/30/2008 Trading Source Location: Scranton County: Lackawanna Ozone nonattainment status: Moderate Contact Person: Tim Owens (330) 688-1111 Pennsylvania Electric Company (Penelec) NOx 1477.90 1/18/2001 Trading Source Location: Front St. Station County: Erie Ozone nonattainment status: Moderate Contact Person: Tim McKenzie (814) 533-8670

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Criteria Pollutant Certified ERCs Expiration Intended use Facility Information or Precursor Available (tpy) Date of ERCs Armstrong World Industries, Inc. VOCs 41.1 10/1/2007 Trading Source: No. 1 Rotogravure Printing Line County: Lancaster Ozone nonattainment status: Moderate Contact Person: Jack Headley (717) 396-2031 Crown Cork & Seal Co. Inc. VOCs 286.5 Varies from Trading Source: Sheet Coating and Decorating NOx 10.1 1/11/2002 to Lines 2/27/2008 Ozone nonattainment status: Severe Contact Person: Robert G. Vatistas (215) 698-5308 SUPERPAC, INC. VOCs 26.91 Varies from Trading Source Location: Southampton 3/29/2001 to County: Bucks 9/30/2003 Ozone nonattainment status: Severe Contact Person: Robert Stull (215) 322-1010 ICI Paints North America VOCs 35.0 12/18/2005 Trading Source Location: Reading, Glidden Plant County: Berks Ozone nonattainment status: Moderate Contact Person: Bruce F. Maco (610) 376-8320 Cabinet Industries, Inc. VOCs 28.45 11/22/2005 Trading Source Location: Danville Borough County: Montour Ozone nonattainment status: Moderate Contact Person: Lisa D. Houser (717) 275-1400 Rockwell International NOx 64.2 5/31/2003 Trading Source Location: New Castle VOCs 13.4 County: Lawrence Ozone nonattainment status: Moderate Contact Person: Harry Klodowski (412) 281-7997

Quarterly Summary of ERC Transaction The following ERC transactions are approved by the Bureau of Air Quality, Department of Environmental Protection, Commonwealth of Pennsylvania. The ERC transaction requirements are specified in 25 Pa. Code § 127.208. 1 ERC Generating Facility Name: General Glass Industries Corp. Location of Source: Jeannette Plant, Westmoreland County, PA

Certified ERCs (tpy): 518 tpy of NOx Amount of ERCs traded to Holder/Transferee: 518 tpy Purchaser/Transferee of ERCs ERC Holder/Transferor: Sony Electronics Inc., PA Purchaser/Recipient of ERCs: Consol Pennsylvania Coal Company Location of Source: Bailey Prep Plant, Greene County, PA Date of ERCs Transfer: April 9, 1999 Plan Approval Number: 30-072B NOx credits available for future use: 153 tpy 2 ERC Generating Facility Name: Sharon Steel Corporation Location of Source: Farrell Plant, Mercer County Certified ERCs (tpy): 96.3 tpy of NOx and 10.7 tpy of VOCs Date of ERCs Transfer: April 9, 1999; April 15, 1999 ERCs available for future use: 10.7 tons per year of VOCs Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: United Refining Company Location of Source: Bradley & Dobson Streets, Warren County, PA Plan Approval Number: 62-312-014A NOx credits available for future use: 15.4 tpy

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Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: Consol Pennsylvania Coal Company Location of Source: Bailey Prep Plant, Greene County Plan Approval Number: 30-072B NOx credits available for future use: 80.9 tpy 3 ERC Generating Facility Name: Pan American Tanning Corporation, Division of Feuer Leather Corporation Location of Source: Glovers Ville, Fulton County, NY Certified ERCs (tpy): 50 tons per year of VOCs Amount of ERCs traded to Purchaser/Recipient: 50 tons per year of VOCs Date of ERCs Transfer: April 26, 1999 ERCs available for future use: 0 Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: Consol Pennsylvania Coal Company Location of Source: Bailey Prep Plant, Greene County, PA Plan Approval Number: 30-072B VOCs credits available for future use: 50 tpy 4 ERC Generating Facility Name: USX Corporation, United States Steel Group Location of Source: Fairless Works, Bucks County Certified ERCs (tpy): 1301.7 tpy of NOx and 18.1 tpy of VOCs Amount of ERCs traded to Purchaser/Recipient: 200 tpy of NOx Date of ERCs Transfer: April 26, 1999 ERCs available for future use: 1101.7 tpy of NOx and 18.1 tpy of VOCs Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: American National Power, Inc. Location of Source: Ramapo, Rockland County, New York NOx credits used: 200 tpy of NOx NOx credits available for future use: 0 5 ERC Generating Facility Name: Graphic Controls Corporation ERC Holder/Transferor: RIDC Southwestern Pennsylvania Growth Fund Location of Source: Wilmerding, Allegheny County Certified ERCs (tpy): 104 tpy of VOCs Amount of ERCs traded to Purchaser/Transferee: 104 tpy Date of ERCs Transfer: April 29, 1999 ERCs available for future use: 0 Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: Consol Pennsylvania Coal Company Location of Source: Bailey Prep Plant, Greene County, PA Plan Approval Number: 30-072B VOCs credits available for future use: 104 tpy 6 ERC Generating Facility Name: Coltec Industries Inc. Garlock Division Location of Source: Palmyra, Wayne County, New York Certified ERCs (tpy): 24.3 tpy of NOx Amount of ERCs traded to Purchaser/Recipient: 24.3 tpy of NOx Date of ERCs Transfer: May 11, 1999 Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: Consol Pennsylvania Coal Company Location of Source: Bailey Prep Plant, Greene County, PA Plan Approval Number: 30-072B NOx credits available for future use: 24.3 tpy 7 ERC Generating Facility Name: Lord Corporation Location of Source: Mechanical Products Division, Erie, Erie County Certified ERCs (tpy): 30.5 tpy of NOx, 223.9 tpy of SOx and 37.3 tpy of PM-10 Amount of ERCs traded to Purchaser/Recipient: 21 tpy of NOx Date of ERCs Transfer: May 19, 1999 ERCs available for future use: 9.5 tpy of NOx, 223.9 tpy of SOx and 37.3 tpy of PM-10 Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: Consol Pennsylvania Coal Company Location of Source: Bailey Prep Plant, Greene County, PA Plan Approval Number: 30-072B NOx credits available for future use: 21 tpy 8 ERC Generating Facility Name: Congoleum Corporation Location of Source: Trainer Borough, Delaware County, PA Certified ERCs (tpy): 157.9 tpy of VOCs and 5.2 tpy of NOx Amount of ERCs traded to Purchaser/Recipient: 157 tpy of VOCs Date of ERCs Transfer: May 28, 1999 ERCs available for future use: 0.9 tpy of VOCs and 5.2 tpy of NOx

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Purchaser/Recipient of ERCs Purchaser/Recipient of ERCs: Kvaener Philadelphia Shipyard, Inc. Location of Source: Philadelphia Naval Business Center, Philadelphia, PA Plan Approval Number: 98172 VOCs credits used: 157 tpy of VOCs [Pa.B. Doc. No. 99-1099. Filed for public inspection July 9, 1999, 9:00 a.m.]

Availability of Technical Guidance The policy also stated that the civil penalty waiver and recommendation against criminal prosecution are limited Technical Guidance Documents are on DEP’s World to testing-related violations disclosed to EPA by February Wide Web site (http://www.dep.state.pa.us) at the Public 1, 2000, and are subject to certain conditions, such as the Participation Center. The ‘‘January 1999 Inventory’’ head- need to design and conduct the tests for the shortest ing is the Governor’s List of Non-regulatory Documents. possible period of time necessary, the need to correct any The ‘‘Search the Inventory of Technical Guidance Docu- testing-related violations immediately, and other condi- ments’’ heading is a database of the Inventory. The ‘‘Final tions to ensure that protection of human health and the Documents’’ heading is the link to a menu of the various environment is not compromised. This notice was pub- DEP bureaus and from there to each bureau’s final lished in the Federal Register, March 10, 1999 (Volume technical guidance documents. The ‘‘Draft Technical Guid- 64, Number 46) to increase public awareness of this ance’’ heading is the link to DEP’s draft technical guid- incentive to test computer-related systems and to incorpo- ance documents. rate several minor revisions aimed at clarifying the policy in response to public comment. Comment Period Ends: DEP will continue to revise its documents, as necessary, August 9, 1999 Anticipated Effective Date: August 17, throughout 1999. 1999 Contact: Joe Sieber at (717) 783-1497 Ordering Paper Copies of DEP Technical Guidance DEP ID: 563-2112-615 Title: Passive Treatment Sys- Persons can order a bound paper copy of the latest tems as Best Professional Judgment Treatment of Inventory or an unbound paper copy of any of the final Postmining Discharges Description: The purpose of this documents listed on the Inventory by calling DEP at (717) guidance is to provide technical information for the 783-8727. design and review of proposed passive treatment systems. Passive treatment systems are a best available technology In addition, bound copies of some of DEP’s documents for abating water pollution due to postmining pollutional are available as DEP publications. Please check with the discharges from coal mining activities. The Department appropriate bureau for more information about the avail- may approve the use of passive treatment systems for ability of a particular document as a publication. achieving compliance with the effluent limitations of Chapters 87-90. Comment Period Ends: August 9, 1999. Changes to Technical Guidance Documents Anticipated Effective Date: September 4, 1999. Contact: Here is the current list of recent changes. Persons who Evan Shuster at (717) 787-5103 have any questions or comments about a particular document should call the contact person whose name and Draft Guidance—Minor Revisions phone number is listed with each document. Persons who DEP ID: 012-4180-001 Title: Policy for the Acceptance have questions or comments in general should call Joe of Community Environmental Projects in Conjunction Sieber at (717) 783-8727. with Assessment of Civil Penalty Description: The De- Final Guidance partment will follow a Department-wide policy of consid- ering, in appropriate situations, performance of a Com- DEP ID: 274-3100-001 Title: Policy for Stage II Vapor munity Environmental Project (CEP) when determining Recovery Testing Requirements Description: This guid- the amount of civil penalty it will accept as a settlement. ance document identifies testing requirements to verify Comment Period Ends: August 9, 1999 Anticipated Effec- that the Stage II vapor recovery system is operating tive Date: August 17, 1999 Contact: Mike Bedrin at (717) properly. All testing is outlined in EPA’s Stage II Enforce- 787-4449 ment and Technical Guidance Document, which was adopted by the Pennsylvania Air Pollution Control Act. Advance Notice of Intent to Revise Guidance Effective Date: July 10, 1999 Contact: Jon Harwick at (717) 772-3994. DEP ID: 391-0300-002 Title: Special Protection Waters Implementation Handbook. Draft Guidance Description: The existing guidance document (Special DEP ID: 012-0900-006 Title: Adoption by Reference of Protection Waters Implementation Handbook, First Edi- the U.S. Environmental Protection Agency’s Y2K Enforce- tion, November 1992), document number 391-0300-002, ment Policy Description: On November 30, 1998, EPA for implementation of the antidegradation elements of issued an enforcement policy designed to encourage Pennsylvania’s water quality standards program is being prompt testing of computer-related equipment to ensure revised and rewritten to reflect new regulations regarding that environmental compliance is not impaired by the antidegradation requirements. These new regulations, set Y2K computer bug. Under the policy (published on the forth in 25 Pa. Code Chapter 93, were adopted in final Internet at www.epa.gov/year2000), EPA stated its intent rulemaking by the Environmental Quality Board at its to waive 100% of the civil penalties that might otherwise meeting of May 19, 1999. The new regulations encompass apply, and to recommend against criminal prosecution, for changes to the criteria governing the official classification environmental violations caused during specific tests that of surface waters as High Quality and Exceptional Value are designed to identify and eliminate Y2K-related mal- Waters, and they refine the scope of Department/public functions. antidegradation review for activities requiring a DEP

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3676 NOTICES permit or approval, so as to protect existing uses of all surface waters. The new regulations were developed to DEPARTMENT OF HEALTH replace Federal antidegradation regulations which were promulgated by EPA for Pennsylvania as a result of Renal Disease Advisory Committee Public Meeting litigation in Federal court. The Federal regulations be- came effective on January 9, 1997. Pennsylvania’s new The Renal Disease Advisory Committee, established by regulations are consistent with the Federal regulations, section 4 of the act of June 23, 1970 (P. L. 419, No. 140) and the adopted refinements to the rule now necessitate (35 P. S. § 6204) will hold a public meeting on July 16, revisions to the implementation guidance. 1999. Proposed Development and Review Process: The De- The meeting will be held in Room 812, Health and partment will initially work closely with the Water Welfare Building, Seventh and Forster Streets, Harris- Resources Advisory Committee (WRAC) to identify, de- burg, PA, from 10 a.m. to 3 p.m. velop, and discuss the various antidegradation classification and implementation issues. To provide more compre- For additional information, contact Helen Kissinger, hensive expertise, the WRAC membership has been Administrative Officer of the Chronic Renal Disease expanded to assist with this process. Department staff Program, Division of Special Health Care Programs at from programs affected by the antidegradation regula- (717) 787-9772. tions and from the regional offices will also participate in Persons with a disability who desire to attend the the process and will attend the WRAC meetings. At the meeting and require an auxiliary aid, service or other end of the initial process, WRAC will develop final accommodation to do so, should contact the Chronic Renal conclusions and recommendations to the Department on Disease Program at (717) 787-9772. V/TT (717) 783-6514 the issues. for speech and/or hearing impaired persons or the Penn- The Department will then consider all recommenda- sylvania AT&T Relay Services at (800) 654-5984 [TT]. tions from WRAC and Department program/regional staff ROBERT S. ZIMMERMAN, Jr., on the key issues, and will incorporate and expand the Secretary findings into a first draft of the revised Special Protection [Pa.B. Doc. No. 99-1101. Filed for public inspection July 9, 1999, 9:00 a.m.] Waters Implementation Handbook. Target date for production of the first draft is October 20, 1999. This draft will be distributed to the WRAC, for discussion at its regular meeting on November 10, 1999, and will also be distributed for comment to affected programs and regional offices. After consideration of comment and subsequent revision, a second draft of the Handbook will be DEPARTMENT OF prepared for general public participation review, to include public meetings across the State, publication on the PUBLIC WELFARE Department’s web site, and notice of availability in the Pennsylvania Bulletin. After review of general public Federal Poverty Income Guidelines for 1999 comments received, and subsequent revision, a final version of the Handbook will be prepared and published. The Department of Public Welfare (Department) an- Target date for the final version is March 1, 2000. nounces the implementation in this Commonwealth of the 1999 Federal Poverty Income Guidelines (FPIGs) which All drafts of the Handbook will be reviewed and were issued by the Department of Health and Human approved by the Department before distribution to the Services and published at 64 FR 13428 on March 18, expanded WRAC team, so that all requirements regard- 1999. ing public access to information may be observed. Anticipated Draft Development Date: October 20, 1999 The FPIGs are the basis for the income eligibility limits Anticipated Effective Date: March 1, 2000. Contact: Ed for several categories of Medicaid whose regulations are Brezina, Bureau of Watershed Conservation, (717) 787- published in 55 Pa. Code and administered by the Depart- 9637. ment of Public Welfare. These categories include the Healthy Beginnings Program for Pregnant Women and JAMES M. SEIF, Qualified Children, Chapter 140, Subchapter A; Healthy Secretary Horizons Program for the Elderly and Disabled, Chapter [Pa.B. Doc. No. 99-1100. Filed for public inspection July 9, 1999, 9:00 a.m.] 140, Subchapter B; and Extended Medical Coverage under the Categorically Needy Program TANF-Related Categories, Chapter 140, Subchapter C. The percentages for the Healthy Beginnings and Healthy Horizons Programs are set forth as follows:

100% of FPIG 120% of FPIG 133% of FPIG 135% of FPIG 175% of FPIG 185% of FPIG Persons Mo. Annual Mo. Annual Mo. Annual Mo. Annual Mo. Annual Mo. Annual 1 $ 687 $ 8,240 $ 824 $ 9,888 $ 913 $10,959 $ 927 $11,124 $1,202 $14,420 $1,270 $15,244 2 $ 922 $11,060 $1,106 $13,272 $1,226 $14,710 $1,244 $14,931 $1,613 $19,355 $1,705 $20,461 3 $1,157 $13,880 $1,388 $16,656 $1,538 $18,460 $1,562 $18,738 $2,024 $24,290 $2,140 $25,678 4 $1,392 $16,700 $1,670 $20,040 $1,851 $22,211 $1,879 $22,545 $2,435 $29,225 $2,575 $30,895 5 $1,627 $19,520 $1,952 $23,424 $2,163 $25,962 $2,196 $26,352 $2,847 $34,160 $3,009 $36,112 6 $1,862 $22,340 $2,234 $26,808 $2,476 $29,712 $2,513 $30,159 $3,258 $39,095 $3,444 $41,329

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100% of FPIG 120% of FPIG 133% of FPIG 135% of FPIG 175% of FPIG 185% of FPIG Persons Mo. Annual Mo. Annual Mo. Annual Mo. Annual Mo. Annual Mo. Annual 7 $2,097 $25,160 $2,516 $30,192 $2,789 $33,463 $2,831 $33,966 $3,669 $44,030 $3,879 $46,546 8 $2,332 $27,980 $2,798 $33,576 $3,101 $37,213 $3,148 $37,773 $4,080 $48,965 $4,314 $51,763 Each Addi- tional Person $ 235 $2,820 $ 282 $ 3,384 $ 313 $ 3,751 $ 317 $ 3,807 $ 411 $ 4,935 $ 435 $ 5,217

These percentages apply as follows: Annex A Healthy Beginnings— TITLE 55. PUBLIC WELFARE a. 185% for pregnant women and infants up to 1 year PART II. PUBLIC ASSISTANCE MANUAL of age. b. 133% for children age 1 through 5 years of age; and Subpart C. ELIGIBILITY REQUIREMENTS c. 100% for children age 6 and older who were born CHAPTER 140. SPECIAL MA ELIGIBILITY after September 30, 1983. PROVISIONS Healthy Horizons— Subchapter C. ELIGIBILITY PROVISIONS FOR a. 100% for those persons eligible for the categorically EMC UNDER THE CATEGORICALLY NEEDY needy and Medicare cost-sharing benefits. PROGRAM FOR TANF-RELATED CATEGORIES b. 120% for those persons eligible for the Specified APPENDIX A Low-Income Medicare Beneficiaries and Medically Needy Only benefits. EXTENDED MEDICAL COVERAGE (EMC) c. 135% and 175% for those persons eligible for the MONTHLY INCOME LIMITS Qualifying Individuals Beneficiaries benefits. 185% OF THE 1999 FEDERAL POVERTY INCOME (There are different resource limits for each of these GUIDELINES programs.) 185% of the Federal Family Size Poverty Income Guidelines Additional information on the specific program is avail- 1 $1,270 able at the county assistance offices. 2 $1,705 3 $2,140 Effective Date 4 $2,575 This notice shall take effect upon publication in the 5 $3,009 Pennsylvania Bulletin and apply retroactively to March 6 $3,444 18, 1999. 7 $3,879 8 $4,314 FEATHER O. HOUSTOUN, Each Additional Person $ 435 Secretary [Pa.B. Doc. No. 99-1102. Filed for public inspection July 9, 1999, 9:00 a.m.] Fiscal Note: 14-NOT-211. No fiscal impact; (8) recommends adoption.

Office of Medical Assistance Programs; Fee Increase for Selected Dental Services By this notice, the Department of Public Welfare announces that the fees for the following pediatric dental services are increased, effective January 1, 1999 as follows: Procedure Increased Fee Code Description Current Fee Effective 1-1-1999 D0120 Periodic Oral Examination $13.00 $17.00 D0220 Intraoral—Periapical—First Film 4.00 7.00 D0230 Intraoral—Periapical— 4.00 7.00 Each Additional Film D0240 Intraoral—Occlusal Film 6.00 12.00 D0270 Bitewings—One Film 4.00 7.00 D0272 Bitewings—Two Films 8.00 14.00 D0330 Panoramic Film 24.00 35.00 D1110 Prophylaxis—Adult 21.00 30.00 D1120 Prophylaxis—Child 17.00 22.00 D1351 Topical Application of Sealants, 14.00 25.00 Per Tooth D1203 Topical Application of Fluoride 10.00 17.00 (Excluding Prophylaxis)—Child D1510 Space Maintainer—Unilateral Fixed 57.00 120.00 D1515 Space Maintainer—Bilateral Fixed 92.00 190.00 D1550 Recementation of Space Maintainer 10.00 30.00 D2110 Amalgam Restoration—One Surface, 20.00 40.00

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Procedure Increased Fee Code Description Current Fee Effective 1-1-1999 Primary D2120 Amalgam Restoration—Two Surfaces, 27.00 50.00 Primary D2130 Amalgam Restoration—Three Surfaces, 34.00 60.00 Primary D2140 Amalgam Restoration—One Surface, 20.00 40.00 Permanent D2150 Amalgam Restoration—Two Surfaces, 27.00 50.00 Permanent D2160 Amalgam Restoration—Three Surfaces, 34.00 60.00 Permanent D2330 Resin—One Surface 20.00 45.00 D2331 Resin—Two Surfaces 27.00 55.00 D2332 Resin—Three Surfaces 34.00 60.00 D2336 Resin Strip—Crown Acid Etch 84.00 145.00 (Anterior Teeth Only) D2338 Facing Cut Into SSC (Window)— 34.50 60.00 Separate Appointment (Primary Teeth Only) D2930 Prefabricated Stainless Steel Crown, 55.00 90.00 Primary Tooth D2933 Prefabricated Stainless Steel Crown 84.00 145.00 with Resin Window D3220 Therapeutic Pulpotomy (Excluding 33.00 50.00 Final Restoration) X3321 Root Canal Therapy, Bicuspid, 88.00 150.00 Paste RC Filling Material (TOS OE) X3331 Root Canal Therapy, Molar, Paste RC 133.00 180.00 Filling Material D7110 Tooth Extraction 21.00 45.00 D7120 Tooth Extraction—Each Additional Tooth 21.00 45.00 X9631 Conscious Sedation (Oral/IM Sedation) 58.50 95.00 X9632 Nitrous Oxide/Oxygen Analgesic 20.00 30.00 X6940 Management Fee (For difficult to manage 20.00 30.00 persons with developmental disabilities) X1516 Unilateral Space Maintainer, Distal Shoe 67.00 160.00 D2337 Acid Etch Bandage 27.00 60.00 D2931 Prefabricated Stainless Steel Crown, 55.00 110.00 Permanent Tooth D9110 Palliative (Emergency) Treatment of 12.00 30.00 Dental Pain—Minor Procedures X5261 Kiddie Partial Fixed 0-6 Yrs of Age 175.00 275.00 D7270 Tooth Reimplantation and Stabilization of 80.00 320.00 Accidentally Avulsed or Displaced Tooth and/or Alveolus (Ͻ20) D7960 Frenulectomy—Separate Procedure 40.00 80.00 D7970 Excision of Hyperplastic Tissue—Per Arch 35.00 80.00 The fiscal note was prepared under provision of Section 612 of The Administrative Code of 1929 (71 P. S. § 232).

Contact Person Fiscal Note: 14-NOT-212. (1) General Fund; (2) Imple- A copy of this notice is available for review at local menting Year 1998-99 is $1.548 Million; (3) 1st Succeed- County Assistance Offices. Interested persons are invited ing Year 1999-00 is $2.741 Million; 2nd Succeeding Month to submit written comments to this notice within 30 days 2000-01 is $2.768 Million; 3rd Succeeding Year 2001-02 is of this publication. These comments should be sent to the $2.796 Million; 4th Succeeding Year 2002-03 is $2.824 Department of Public Welfare, Office of Medical Assis- Million; 5th Succeeding Year 2003-04 is $2.852 Million; tance Programs, c/o Deputy Secretary’s Office, Attention: (4) 1997-98 Program—$662.740 Million; 1996-97 Pro- Regulations Coordinator, Room 515 Health and Welfare gram—$798.836 Million; 1995-96 Program—$792.293 Mil- Building, Harrisburg, PA 17120. lion; (7) Medical Assistance—Outpatient; (8) recommends adoption. There will be funds available in the Depart- Persons with a disability may use the AT&T Relay service by calling (800) 654-5984 (TDD users) or (800) ment’s budget to cover the cost of this fee adjustment. 654-5988 (Voice users). Persons who require another [Pa.B. Doc. No. 99-1103. Filed for public inspection July 9, 1999, 9:00 a.m.] alternative should contact Thomas Vracarich in the Office of Legal Counsel at (717) 783-2209. FEATHER O. HOUSTOUN, Secretary

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Under step one, the Department has created a baseline DEPARTMENT OF figure for the relative availability of ‘‘ready, willing, and able DBEs’’ in its relevant market. This determination TRANSPORTATION has evolved from demonstrative evidence of local market Bureau of Equal Opportunity; DBE Goal Setting conditions. To this end, the Department has developed definitions of ‘‘ready, willing and able DBEs’’ relative to Under the authority contained in the Transportation all businesses ‘‘ready, willing and able’’ to perform on its Act for the 21st Century, Act of June 9, 1998, Pub. L. No. federally assisted contracts. The Department has consid- 105-178, 112 Stat. 113 (23 U.S.C. § 101) and in keeping ered historical activity within specified market areas with the requirements of 49 C.F.R. Part 26, the Pennsyl- including research, engineering and design consulting, vania Department of Transportation (Department) hereby contractors (prime, subcontractors, suppliers, trucking) provides the following public notice concerning its new and other consulting activities. Additionally, the Depart- goal for participation by Disadvantaged Business Enter- ment has developed a ratio within market areas of the prises (DBEs) in its federally-assisted contracts. ‘‘ready, willing and able DBEs’’ relative to the universe of As a recipient of federal funds from the United States all other ‘‘ready, willing and able’’ enterprises. Department of Transportation through various organizations including the Federal Highway Administration, the Under step two, the Department has examined all Department must comply with the goal setting provisions relevant evidence in its jurisdiction to determine what of the new DBE regulation that took effect on March 4, adjustments, up or down, are needed to arrive at the 1999. The new regulation is set forth at 49 C.F.R. Part overall goal. Step two also takes into consideration other 26. The Department is mandated to submit a revised conditions or variables impacting DBEs in the Common- DBE program including a new goal and a methodology for wealth. As part of the adjustment phase, the Department projecting the overall goal for DBE participation on its has given due consideration to market potential based federally-assisted contracts consistent with the provisions upon census data and other public data as well as of 49 C.F.R. Sections 26.45 and 26.51. The new goal and potential geographical accessibility and location issues. methodology must be submitted to the Federal Highway Administration by September 1, 1999. Providing notice to Consistent with the public participation requirement the public concerning the goal and the methodology used for this process, the Department is hereby informing the to arrive at a final goal and affording the public the general public that the proposed goal and its rationale opportunity to provide comment is an important part of are available for inspection and review for forty-five days the process. from the date of this notice. At this juncture, the overall To comply with the goal setting provisions of the final goal and methodology are a work in progress pending rule, the Department has employed a two step process. input from the public. To review the document, you may This process is outlined in 49 C.F.R. Section 26.45. contact one of the following locations:

Bureau of Equal Opportunity Engineering District 1-0 555 Walnut Street, 9th Floor 1140 Liberty Street Harrisburg, PA 17101-1900 Franklin, PA 16323 717-787-5891 814-437-4291 Ms. Jocelyn I. Harper Mr. John L. Baker, PE Engineering District 2-0 Engineering District 3-0 1924-30 Daisy St, PO Box 342 715 Jordan Avenue Clearfield, PA 16830 Montoursville, PA 17754 814-765-0410 570-368-4200 Mr. George M. Khoury, PE Mr. Paul E. Heise, PE Engineering District 4-0 Engineering District 5-0 O’Neill Highway 1713 Lehigh Street Dunmore, PA 18512 Allentown, PA 18103-4727 570-963-4010 610-798-4110 Mr. Charles M. Mattei, PE Mr. Walter E. Bortree, PE Engineering District 6-0 Engineering District 8-0 200 Radnor-Chester Rd 2140 Herr Street St. Davids, PA 19087-5178 Harrisburg, PA 17103-1699 610-964-6660 717-772-0778 Mr. Andrew L. Warren Mr. Barry G. Hoffman Engineering District 9-0 Engineering District 10-0 1620 North Juniata St Route 286 South, Box 429 Hollidaysburg, PA 16648 Indiana, PA 15701 814-696-7100 724-357-2806 Mr. Earl L. Neiderheiser, PE Mr. Richard H. Hogg, PE Engineering District 11-0 Engineering District 12-0 45 Thoms Run Road PO Box 459 Bridgeville, PA 15017 Uniontown, PA 15401-0459 412-429-5001 724-439-7340 Mr. Raymond S. Hack, PE Mr. Michael H. Dufalla, PE

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The Bottom Line, Inc John Milligan, CPA 168 South 19th St 105-107 N 22nd St, 2nd Fl Pittsburgh, PA 15203 Philadelphia, PA 19103 1-888-323-2778 1-800-453-0998 Robert Stupar Joe Herzog The document may be reviewed online at the following website address: www.dot.state.pa.us/penndot/aviation.nsf/ beo+front+page?readform Comments, questions, or suggestions regarding this notice may be directed to Jocelyn I. Harper, Director, Bureau of Equal Opportunity, Telephone Number (717) 787-5891. Written comments should be addressed to: The Pennsylvania Department of Transportation Bureau of Equal Opportunity 555 Walnut Street, 9th Floor Harrisburg, PA 19101-1900 FAX: 717-772-4026 ATTN: Jocelyn I. Harper, Director All comments should be postmarked no later than August 31, 1999 for consideration. The final DBE program must be approved by the FHWA, and will become effective October 1, 1999. BRADLEY L. MALLORY, Secretary [Pa.B. Doc. No. 99-1104. Filed for public inspection July 9, 1999, 9:00 a.m.]

Under the new guidelines, a notice concerning the pro- FISH AND BOAT posed designation or redesignation of a stream section or lake under special regulations ordinarily will be pub- COMMISSION lished in the Pennsylvania Bulletin before the matter is reviewed by the Commissioners. Consideration of Changes to Special Regulation Designations At the next Commission meeting on July 17 and 18, 1999, the Commission will consider designating the fol- The Fish and Boat Commission (Commission) has lowing stream sections and lakes as waters subject to approved guidelines with regard to encouraging public special fishing regulations under 58 Pa. Code Chapter 65, participation on possible changes to the designation of effective January 1, 2000: stream sections or lakes for special regulation programs. 58 Pa. Code § 65.6. Delayed Harvest Artificial Lures Only Under 58 Pa. Code Chapter 65 (relating to special fishing Areas regulations), the Commission designates certain streams, stream sections and lakes as being subject to special The Commission will consider redesignating the limits fishing regulations. These designations are effective after of the following water that is currently regulated and Commission approval when they are posted at the site managed under the Delayed Harvest Artificial Lures Only and a notice is published in the Pennsylvania Bulletin. Program:

County Water on which located Description Lycoming Little Pine Creek 1.1 mile section from the confluence of Otter Run downstream to the confluence of Schoolhouse Hollow

58 Pa. Code § 65.8. Warmwater/Coolwater Species Spe- County Water cial Conservation Waters. Cumberland Opossum Creek Lake The Commission will consider removing the following Wayne Lower Woods Pond water from the list of Warmwater/Coolwater Species Westmoreland Lower Twin Lake Special Conservation Waters designated under 58 Pa. Code § 65.8: 58 Pa. Code § 65.10. Select Trout Stocked Lake Program: County Water The Commission will consider designating the following Cumberland Opossum Creek Lake lakes for regulation and management under the Select Trout Stocked Lake Program and adding them to the list 58 Pa. Code § 65.9. Big Bass Special Regulations of waters subject to this regulation (58 Pa. Code § 65.10): The Commission will consider designating the following lakes for regulation and management under the Big Bass County Water Special Regulations and adding them to the list of waters Luzerne Lake Took-a-While subject to these regulations (58 Pa. Code § 65.9): Wayne Upper Woods Pond

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58 Pa. Code § 65.11. Panfish Enhancement Special Regu- mission proposes that the designation apply only to the lation species listed. At this time, the Commission is soliciting public input The Commission will consider designating the following concerning these designations. Persons with comments, lakes for regulation and management under the Panfish objections or suggestions concerning the designations are Enhancement Special Regulation and adding them to the invited to submit comments in writing to Executive list of waters subject to this regulation (58 Pa. Code Director, Fish and Boat Commission, P. O. Box 67000, § 65.11): Harrisburg, PA 17106-7000 by no later than July 16, Applicable 1999. County Water Species PETER A. COLANGELO, Pike Lower Promised Land Lake Sunfish Executive Director Yellow Perch [Pa.B. Doc. No. 99-1105. Filed for public inspection July 9, 1999, 9:00 a.m.] Pike Upper Promised Land Lake Sunfish Yellow Perch Westmoreland Lower Twin Lake Crappie Westmoreland Upper Twin Lake Crappie

At its January, 1999 meeting, the Commission consid- Triploid Grass Carp Permit Applications ered designating the following lakes for regulation and Under 58 Pa. Code § 71.7, the Fish and Boat Commis- management under the Panfish Enhancement Special sion may issue permits to stock triploid grass carp in Regulation and adding them to the list of waters subject Commonwealth waters. Triploid grass carp are sterile fish to this regulation (58 Pa. Code § 65.11): that may, in appropriate circumstances, help control Applicable aquatic vegetation. The Commission has determined con- County Water Species sistent with 58 Pa. Code § 71.7(e)(3) to seek public input Berks Blue Marsh Reservoir Crappie with respect to any proposed stockings of triploid grass Centre J.F. Sayers Lake* Sunfish carp in waters having a surface area of more than 5 Crappie acres. Interested persons are invited to submit written Lancaster Speedwell Forge Lake Crappie comments, objections or suggestions about the notice to Montour Lake Chillisquaque* Sunfish the Executive Director, Fish and Boat Commission, P. O. Crappie Box 67000, Harrisburg, PA 17106-7000, within 10 days Somerset High Point Lake Yellow Perch after publication of this notice in the Pennsylvania Bulle- Washington Cross Creek Lake Sunfish tin. Comments submitted by facsimile will not be ac- Crappie cepted. The following applications to stock triploid grass carp *This water currently is regulated and managed under in waters having a surface area of more than 5 acres are the Panfish Enhancement Special Regulation. The Com- currently undergoing staff review:

Nature of Location of Description Vegetation to Applicant Water Water of Water be Controlled Lake Sheridan Cot- Lake Sheridan Benton & Nicholson 95 acre Lake on un- Potamogeton Filamen- tage Owners Associa- Twp., Lackawanna & named tributary to tous Algae tion Wyoming Counties South Branch Tunkhannock Creek

PETER A. COLANGELO, Executive Director [Pa.B. Doc. No. 99-1106. Filed for public inspection July 9, 1999, 9:00 a.m.]

should also indicate if they need assistance or special GOVERNOR’S OFFICE accommodations to participate at the sessions. Notice of Public Sessions for Tobacco Settlement Harrisburg Date: Monday, July 26, 1999 Secretary Thomas Paese, Office of Administration, an- Time: 1 p.m. to 4 p.m. nounces that there will be public input sessions the week Place: Rachel Carson State Office Building Auditorium of July 26, 1999 for the purpose of providing comments 4th & Market Streets and suggestions on how the Commonwealth should con- Harrisburg, PA sider using its allocation from the National Tobacco Settlement. Pittsburgh Interested parties are asked to limit their comments to Date: Tuesday, July 27, 1999 5 minutes and to provide written copy of their comments Time: 1 p.m. to 4 p.m. at the hearing they attend. Place: David L. Lawrence Convention Center To schedule a time at the sessions contact Karen 1001 Penn Avenue Mitchell at (717) 787-1954. Persons with a disability Pittsburgh, PA

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Wilkes-Barre sion must employ to determine whether a regulation is in Date: Wednesday, July 28, 1999 the public interest. In applying these criteria, our Com- Time: 1 p.m. to 4 p.m. ments address issues that relate to fiscal impact and Place: The Bell Atlantic Center for Technology clarity. We recommend that these Comments be carefully Penn State Wilkes-Barre Campus considered as you prepare the final-form regulations. Lehman, PA 1. Section 41.12. Fees—Fiscal Impact and Clarity. Philadelphia Administrative overhead costs Date: Thursday, July 29, 1999 In the proposed regulation’s fee report forms, there are Time: 1 p.m. to 4 p.m. significant differences in the costs covered by different Place: Top Floor Conference Room fees except for ‘‘administrative overhead’’ costs. The over- State Office Building head costs for three of the proposed fee revisions are Broad and Spring Garden Streets identical; and the overhead costs for the remaining two Erie fee revisions are also identical. According to staff at the Department of State and its Bureau of Professional and Date: Friday, July 30, 1999 Occupational Affairs (BPOA), the allocated share of over- Time: 1 p.m. to 4 p.m. head cost for each fee category is calculated by dividing Place: Millcreek Township Building total overhead costs by the number of active licensees. 3608 West 26th Street This methodology for overhead cost allocation is not Erie, PA unreasonable and has been consistently applied. On the THOMAS PAESE, other hand, the staff cost allocations are based on esti- Secretary of Administration mates of the actual time BPOA staff spends performing [Pa.B. Doc. No. 99-1107. Filed for public inspection July 9, 1999, 9:00 a.m.] the tasks related to each fee. For overhead cost allocations, there appears to be no relationship to the services covered by the fees or fre- quency of fee payments. Therefore, there is no indication that the fees will recover actual or projected overhead costs. In addition, the allocated costs are based on past INDEPENDENT expenditures rather than estimates or projections of future expenditures. Hence, there is no certainty that the REGULATORY REVIEW fees’‘‘projected revenues will meet or exceed projected expenditures’’ under section 3.3(a) of the Professional COMMISSION Psychologists Practice Act (63 P. S. § 1203.3(a)). We question the use of a constant overhead cost Notice of Comments Issued allocation that appears to be unrelated to the actual costs of activities covered by different fees. Even though this Section 5(g) of the Regulatory Review Act (71 P. S. process was used to determine other fees, why should § 745.5(g)) provides that the designated standing commit- BPOA maintain this approach? The Board and BPOA tees may issue comments within 20 days of the close of should specifically identify the overhead costs, or portion the public comment period, and the Independent Regula- of the total overhead, to be recouped by these fees, and tory Review Commission (Commission) may issue com- review their methodology for allocating these overhead ments within 10 days of the close of the committee costs. Is it the Board’s goal to allocate all overhead costs comment period. The Commission comments are based by category to each fee? If so, we do not believe the upon the criteria contained in section 5a(h) and (i) of the current allocation formula gives the desired result. Regulatory Review Act (75 P. S. § 745.5a(h) and (i)). Similarity in tasks The Commission has issued comments on the following proposed regulations. The agency must consider these The Board’s staff time and administrative costs for the comments in preparing the final-form regulations. The verification of license or registration as outlined in the fee final-form regulations must be submitted by the dates report form are 0.08/hour and $1.62, respectively. The indicated. staff time and administrative costs for the certification of scores, license or registration outlined in the fee report Final-Form form are 0.75/hour and $15.23, respectively. Yet the Submission descriptions of the administrative functions the Board Reg No. Agency/Title Issued Deadline staff performs for both are identical. The Board should 16A-636 State Board of Psy- 6/24/99 5/24/01 explain the cost and time differentials when it submits its chology Application final-form rulemaking. Fees JOHN R. MCGINLEY, Jr., (29 Pa. B. 2145 (April 24, 1999)) Chairperson [Pa.B. Doc. No. 99-1108. Filed for public inspection July 9, 1999, 9:00 a.m.] State Board of Psychology Regulation No. 16A-636 Application Fees June 24, 1999 We have reviewed this proposed regulation from the Notice of Filing of Final Rulemakings State Board of Psychology (Board) and submit for consideration the following objections and recommendations. The Independent Regulatory Review Commission re- Section 5.1(h) and (i) of the Regulatory Review Act (71 ceived, on the dates indicated, the following regulations P. S. § 745.5a(h) and (i)) specify the criteria the Commis- for review. To obtain the date and time of the meeting,

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3683 interested parties may contact the office of the Commis- The hearings will be held in the Capitol Associates sion at (717) 783-5417. To obtain a copy of the regulation, Building, 901 North Seventh Street, Second Floor Hear- interested parties should contact the agency promulgating ing Room, Harrisburg, PA 17102. the regulation. Appeal of Cornelius J. McIver; file no. 99-188-03238; Final-Form Erie Insurance Exchange; doc. no. P99-06-023; August 5, Reg. No. Agency/Title Received 1999, at 10 a.m. 63-06 Lobbying Disclosure Committee 6/24/99 Parties may appear with or without counsel and offer Lobbying Disclosure relevant testimony or evidence. Each party must bring JOHN R. MCGINLEY, Jr., documents, photographs, drawings, claims files, witnesses Chairperson and the like necessary to support the party’s case. A party [Pa.B. Doc. No. 99-1109. Filed for public inspection July 9, 1999, 9:00 a.m.] intending to offer documents or photographs into evidence shall bring enough copies for the record and for each opposing party. In some cases, the Commissioner may order that the company reimburse an insured for the higher cost of replacement insurance coverage obtained while the ap- INSURANCE DEPARTMENT peal is pending. Reimbursement is available only when Appeal of Emanuel L. Sarris, Sr.; Order to Show the insured is successful on appeal, and may not be ordered in all instances. If an insured wishes to seek Cause; Doc. No. SC98-04-016 reimbursement for the higher cost of replacement insurance, the insured must produce documentation at the A prehearing conference shall occur on August 11, 1999, hearing which will allow comparison of coverages and at 10 a.m. in the Administrative Hearings Office, Room costs between the original policy and the replacement 200, Capitol Associates Building, 901 North Seventh policy. Street, Harrisburg, PA 17102. The hearing will be held in accordance with the requirements of 2 Pa.C.S. §§ 501— Following the hearing and receipt of the stenographic 508 and 701—704 (relating to the Administrative Agency transcript, the Insurance Commissioner will issue a writ- Law); General Rules of Administrative Practice and Pro- ten order resolving the factual issues presented at the cedure, 1 Pa. Code §§ 31.1—35.251; Special Rules of hearing and stating what remedial action, if any, is Administrative Practice and Procedure, 31 Pa. Code required. The Commissioner’s Order will be sent to those §§ 56.1—56.3 and other relevant procedural provisions of persons participating in the hearing or their designated law. A hearing shall be held on September 1, 1999, in the representatives. The order of the Commissioner is subject Administrative Hearings Office, Room 200, 901 North to judicial review by the Commonwealth Court. Seventh Street, Harrisburg, PA 17102. Motions preliminary to those at hearing, protests, Persons with a disability who wish to attend the petitions to intervene or notices of intervention, if any, above-referenced administrative hearings, and require an must be filed on or before July 26, 1999, with the Docket auxiliary aid, service or other accommodation to partici- Clerk, Administrative Hearings Office. Answers to peti- pate in the hearing, should contact Tracey Pontius, tions to intervene, if any, shall be filed on or before Agency Coordinator at (717) 787-4298. August 4, 1999, with the Docket Clerk. M. DIANE KOKEN, Insurance Commissioner Persons with a disability who wish to attend the above-referenced administrative hearing and require an [Pa.B. Doc. No. 99-1111. Filed for public inspection July 9, 1999, 9:00 a.m.] auxiliary aid service or other accommodation to participate in the hearing, should contact Tracey Pontius, Agency Coordinator at (717) 787-4298. M. DIANE KOKEN, Insurance Commissioner [Pa.B. Doc. No. 99-1110. Filed for public inspection July 9, 1999, 9:00 a.m.] LIQUOR CONTROL BOARD Expiration of Leases

The Liquor Control Board seeks the following new site: Review Procedure Hearings; Cancellation or Re- Cambria County, Wine & Spirits Shoppe #1106. fusal of Insurance Lease retail commercial space to the Commonwealth of Pennsylvania. Proposals are invited to provide the Penn- The following insureds have requested a hearing, as sylvania Liquor Control Board with approximately 2,500 authorized by the act of June 17, 1998 (P. L. 464, No. 68) net useable square feet of new or existing retail commer- in connection with their company’s termination of the cial space in a shopping center environment near the insured’s automobile policies. The hearings will be held in intersection of Routes 22 and 219 in Central Cambria accordance with the requirements of the act; 1 Pa. Code County. Part II (relating to the General Rules of Administrative Practice and Procedure); and 31 Pa. Code §§ 56.1—56.3 Proposals due: July 30, 1999 at 12 noon (relating to Special Rules of Administrative Practice and Department: Pennsylvania Liquor Control Board Procedure). All administrative hearings are held in the Location: Real Estate Division, State Office Insurance Department Offices in Harrisburg, PA. Failure Building, Room 408, 300 Liberty Av- by the appellant to appear at the scheduled hearing may enue, Pittsburgh, PA 15222 result in dismissal with prejudice. Contact: George Danis, (412) 565-5130

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The following Liquor Control Board lease will expire: Further information can be obtained from the Pennsyl- vania Industrial Development Authority, Room 481, Fo- Westmoreland County, Wine & Spirits Shoppe #6511, 107 rum Building, Harrisburg, PA 17120, (717) 787-6245. S 2nd Street, West Newton, PA 15089-1357. SAMUEL A. MCCULLOUGH, Lease retail commercial space to the Commonwealth of Chairperson Pennsylvania. Proposals are invited to provide the Penn- sylvania Liquor Control Board with approximately 2,500 Annex A net useable square feet of new or existing retail commer- PIDA cial space in a shopping center environment near the intersection of Routes 51 and 201 in Southwestern PARTICIPATION AND INTEREST RATES FOR Westmoreland County. COUNTIES AND MUNICIPALITIES* OVER 25,000 POPULATION Proposals due: July 30, 1999 at 12 noon Effective July 1999 through June 2000 Department: Pennsylvania Liquor Control Board Location: Real Estate Division, State Office Maximum PIDA Interest Building, Room 408, 300 Liberty Av- Participation Rate** enue, Pittsburgh, PA 15222 (S) % (L) % Contact: George Danis, (412) 565-5130 JOHN E. JONES, III, ADAMS 40 *** 30 **** 5.25 5.25 Chairperson ALLEGHENY 40 *** 30 **** McKeesport City 50 30 **** 3.75 [Pa.B. Doc. No. 99-1112. Filed for public inspection July 9, 1999, 9:00 a.m.] ARMSTRONG 50 40 *** 3.75 BEAVER 40 *** 40 *** 5.25 BEDFORD 50 40 *** 3.75 BERKS 40 *** 30 **** 5.25 Reading City 50 30 **** 3.75 BLAIR 40 *** 40 *** 5.25 PENNSYLVANIA Altoona City 50 40 *** 3.75 BRADFORD 40 *** 40 *** 5.25 INDUSTRIAL BUCKS 40 *** 40 *** 6.75 Bensalem Twp. 40 *** 40 *** 5.25 Bristol Twp. 40 *** 40 *** 5.25 DEVELOPMENT BUTLER 40 *** 40 *** 5.25 CAMBRIA 50 40 *** 3.75 AUTHORITY Johnstown City 50 50 3.75 Participation and Interest Rates CAMERON 50 40 *** 3.75 CARBON 50 40 *** 3.75 CENTRE 30 **** 30 **** 6.75 The Pennsylvania Industrial Development Authority CHESTER 30 **** 30 **** 6.75 (PIDA) gives notice of the adoption of PIDA participation CLARION 40 *** 40 *** 3.75 and interest rates for loans approved by the PIDA Board CLEARFIELD 50 50 3.75 of Directors. The rates, which were adopted by the PIDA CLINTON 50 40 *** 3.75 Board of Directors at its meeting held June 2, 1999, are COLUMBIA 40 *** 40 *** 3.75 effective as of July 1, 1999, and will remain in effect until CRAWFORD 40 *** 40 *** 3.75 changed by a notice in the Pennsylvania Bulletin. The CUMBERLAND (MSA) 30 **** 30 **** 6.75 rates follow this notice as Annex A. DAUPHIN (MSA) 30 **** 30 **** 6.75 Harrisburg 40 *** 30 **** 5.25 The PIDA Board retains the right to waive or modify DELAWARE 40 *** 40 *** 5.25 the rates, to the extent that such are not mandated by Chester City 50 40 *** 3.75 law, on a case by case basis for good cause shown. ELK 50 40 *** 3.75 The PIDA Board has also adopted the most recent ERIE 40 *** 40 *** 5.25 Labor and Industry unemployment statistics and the Erie City 50 40 *** 3.75 following interest rate schedule, except as noted as FAYETTE 50 40 *** 3.75 follows: FOREST 50 50 3.75 FRANKLIN 30 **** 30 **** 5.25 Unemployment Rate Interest FULTON 40 *** 40 *** 3.75 (Prior Calendar Year) Rate GREENE 50 50 3.75 5.8% and over 3.75% HUNTINGDON 50 50 3.75 3.9% to 5.7% 5.25% INDIANA 50 40 *** 3.75 Under 3.9% 6.75% JEFFERSON 50 40 *** 3.75 JUNIATA 50 40 *** 3.75 Exception: Projects located in any county or municipal- LACKAWANNA 40 *** 40 *** 3.75 ity in which the interest rate has increased or the LANCASTER 30 **** 30 **** 6.75 participation rate has decreased will not be subject to the Lancaster City 40 *** 30 **** 5.25 new rates until the October 6, 1999 PIDA Board meeting. LAWRENCE 40 *** 40 *** 3.75 New Castle City 50 40 *** 3.75 The PIDA Board also removed the practice of excluding LEBANON (MSA) 30 **** 30 **** 6.75 grants from the eligible project cost before determining Lebanon City 40 *** 30 **** 5.25 the PIDA loan amount. This applies only to loans ap- LEHIGH 40 *** 40 *** 5.25 proved after July 1, 1999. LUZERNE 50 40 *** 3.75

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Maximum Clairton City PIDA Interest Allegheny County Participation Rate** Duquesne City (S) % (L) % Allegheny County LYCOMING 40 *** 40 *** 3.75 East Pittsburgh Borough Williamsport City 50 40 *** 3.75 Allegheny County McKEAN 50 40 *** 3.75 Farrell City MERCER 40 *** 40 *** 3.75 Mercer County MIFFLIN 50 40 *** 3.75 MONROE 50 40 *** 3.75 Franklin Borough MONTGOMERY 30 **** 30 **** 6.75 Cambria County Norristown Boro 40 *** 30 **** 5.25 Homestead Borough Upper Dublin Twp. 40 *** 30 **** 5.25 Allegheny County MONTOUR 30 **** 30 **** 6.75 NORTHAMPTON 40 *** 40 *** 5.25 Johnstown City NORTHUMBERLAND 50 40 *** 3.75 Cambria County PERRY (MSA) 30 **** 30 **** 6.75 Millbourne Borough PHILADELPHIA 50 40 *** 3.75 Delaware County PIKE 40 *** 40 *** 3.75 North Braddock Borough POTTER 50 40 *** 3.75 Allegheny County SCHUYLKILL 50 40 *** 3.75 SNYDER 40 *** 40 *** 5.25 Rankin Borough SOMERSET 50 40 *** 3.75 Allegheny County SULLIVAN 50 40 *** 3.75 Scranton City SUSQUEHANNA 40 *** 40 *** 3.75 Lackawanna County TIOGA 40 *** 40 *** 5.25 UNION 30 **** 30 **** 6.75 Wilkinsburg Borough VENANGO 40 *** 40 *** 3.75 Allegheny County WARREN 40 *** 40 *** 5.25 Federal Empowerment Zones* WASHINGTON 40 *** 40 *** 5.25 WAYNE 50 40 *** 3.75 Portions of Pittsburgh and Philadelphia WESTMORELAND 40 *** 40 *** 5.25 Federal Enterprise Communities* WYOMING 50 40 *** 3.75 Portions of Harrisburg, Dauphin County 30 **** 6.75 YORK 30 **** Portions of Lock Haven, Clinton County York City 40 *** 30 **** 3.75 *Eligible for 3.75% Interest Rate * Municipalities are listed only if participation or [Pa.B. Doc. No. 99-1113. Filed for public inspection July 9, 1999, 9:00 a.m.] interest rate differs from County rates. ** Based on calendar year 1998 unemployment rate. Subject to change at discretion of PIDA Board. (S) Small Business (Less than 50 existing employees, including parent, subsidiaries and affiliates.) (L) Large Business. PENNSYLVANIA PUBLIC MSA Metropolitan Statistical Area (Cumberland, Dau- phin, Lebanon & Perry) UTILITY COMMISSION Special Note: Projects located in designated enterprise Requirements for Natural Gas Suppliers—Guide- zones, planning stage enterprise zones, financially distressed municipalities under lines Under Chapter 22 Natural Gas Choice and Act 47, Federal empowerment zones, Fed- Competition Act Section 2208; Doc. No. eral enterprise communities, Keystone Op- M-00991248F0002 portunity Zones, and brownfield sites will receive loans at 3.75%. Companies desig- Commissioners Present: John M. Quain, Chairperson; nated as advanced tech firms will receive Robert K. Bloom, Vice Chairperson; David W. Rolka; an interest rate of 4.25% or 3.75% depend- Nora Mead Brownell; Aaron Wilson, Jr. ing on the location of the project (for ex- Public Meeting held ample, if area rate is 5.25% or 6.75%, the June 24, 1999 interest rate will be 4.25%). Tentative Order *** 10% Equity required By the Commission: **** 20% Equity required I. Introduction Financially Distressed Municipalities Under Act 47* On June 22, 1999, Governor Thomas J. Ridge signed Aliquippa City into law the Natural Gas Choice and Competition Act, Beaver County P. L. xxx, No. xxx effective July 1, 1999, 66 Pa.C.S. Braddock Borough § 2201—2211 (act). Under the act, beginning on Novem- Allegheny County ber 1, 1999, retail customers will have the ability to choose their natural gas supplier. Previously, consumers Chester City procured their natural gas supply requirements as a Delaware County package from the jurisdictional public utility. The pack-

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3686 NOTICES age, mentioned above, included what are now the basic requirement is applicable to all entities currently operat- components of competitive natural gas service, commod- ing as natural gas suppliers, in gas pilot programs, as ity, capacity and storage, balancing and aggregation well as all entities yet to engage in such practices. Each services of the natural gas utility. The focus of this entity currently doing business as a natural gas supplier, Tentative Order is the requirements for natural gas as defined in the act, should apply for a Natural Gas suppliers under section 2208 of the act and other issues Supplier’s License from the Commission no later that regarding licensing of natural gas suppliers. The act, at Monday, August 2, 1999. This will provide staff sufficient section 2202, defines a natural gas supplier as: time to perfect the applications prior to the November 1, An entity other than a natural gas distribution com- 1999, implementation date. pany, but including natural gas distribution company C. License Application and Issuance marketing affiliates, which provides natural gas supply services to retail gas customers utilizing the jurisdictional Natural gas suppliers shall submit, in writing to the facilities of a natural gas distribution company. The term Commission, under section 2208(b) of the act, an applica- includes a natural gas distribution company that provides tion for a license. The application shall be verified by oath natural gas supply services outside its certificated service or affirmation. Attachment A to this Tentative Order territories. The term includes a municipal corporation, its contains the Commission’s natural gas supplier license affiliates or any joint venture, to the extent that it application. The application may also be downloaded from 1 chooses to provide natural gas supply services to retail the Commission’s webpage. customers located outside of its corporate or municipal A license shall be issued to any applicant, authorizing limits, as applicable, other than: the whole or any part of the service covered by the (i) as provided prior to the effective date of this application, if it is found that the applicant is fit, willing chapter, pursuant to a certificate of public convenience if and able to perform properly the service proposed and to required under this title; conform to the applicable provisions of the act and the orders and regulations of the Commission, including those (ii) total natural gas supply services in de minimis concerning standards and billing practices, and that the amounts; proposed service to the extent authorized by the license, (iii) natural gas supply services requested by, or pro- will be consistent with the public interest. Otherwise, the vided with the consent of, the public utility in whose application shall be denied. certificated territory the services are provided; or D. Financial Fitness (iv) natural gas supply services provided to the munici- We place a high priority on maintaining the safety and pal corporation itself or its tenants on land it owns or reliability of the current natural gas supply service in leases, or is subject to an agreement of sale or pending this Commonwealth, therefore, no natural gas supplier condemnation, as of September 1, 1999, to the extent license shall be issued or remain in force unless the permitted by applicable law independent of this chapter. applicant or holder of the license complies with each of The term excludes an entity to the extent that it the following: provides free gas to end-users under the terms of an oil or (i) Furnishes a bond or other security in a form gas lease. Notwithstanding any other provision of this and amount to ensure the financial responsibility of title, a natural gas supplier that is not a natural gas the natural gas supplier. The Commission shall peri- distribution company is not a public utility as defined in odically review the criteria upon petition of any party. section 102 (relating to definitions) to the extent that the The amount and form of the bond or other security natural gas supplier is utilizing the jurisdictional distri- may be mutually agreed to between the natural gas bution facilities of a natural gas distribution company or distribution company and the natural gas supplier or is providing other services authorized by the Commission. the alternate supplier of last resort or failing that As used in the above definition of a natural gas shall be determined by criteria approved by the supplier, the term natural gas supply services includes (i) Commission. the sale or arrangement of the sale of natural gas to retail customers; and (ii) services that may be unbundled (ii) Provides the Commission with the address of by the Commission under section 2203(3) of the act, the participant’s principal office in this Common- (relating to standards for restructuring of the natural gas wealth or the address of the participant’s registered utility industry). Natural gas supply service does not agent in this Commonwealth, the latter being the include distribution service. address at which the participant may be served process. II. Requirements for Natural Gas Suppliers Failure of a natural gas supplier to comply with any A. License Requirements provision of the act, or the rules, regulation, orders or In accordance with section 2208(a) of the act, all directives of the Department of Revenue or of the Com- natural gas suppliers including a natural gas distribution mission, including, but not limited to, engaging in company that provides natural gas supply service outside anticompetitive behavior, shall be cause for the Commis- of its chartered or certificated territory, must hold a sion to revoke the license of the natural gas supplier. license issued by the Commission. A license shall not be E. Transferability of License required for customers who make de minimis incidental sales or resales to themselves, an affiliate or to other Under section 2808(d) of the act, a licensed natural gas nonresidential retail gas customers. supplier may not transfer its license without prior Com- B. Entities Currently Operating as Natural Gas Suppli- mission approval. The Commission requires the licensee ers to provide this notice at least 90 days in advance of the transfer. Section 2208(a) of the act states that no entity shall 1 The Commission’s home page address is: http://puc.paonline.com; click on the engage in the business of a natural gas supplier unless it natural gas icon then select “Natural Gas Supplier Licensing and Information” to holds a license issued by the Commission. We believe this access the natural gas supplier License Application form.

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F. Form of Regulation of Natural Gas Suppliers Commission’s Press Secretary3 to confirm the identity The Commission may forbear from extending its regula- of the newspapers of general circulation in which tion of natural gas suppliers, except where a natural gas notice shall be published. supplier serves as a supplier of last resort, beyond (b) The notice shall be written in plain language and licensing, bonding, reliability and consumer services and include the name, address and telephone number of protections, including all applicable portions of 52 the applicant, a description of the proposed services Pa. Code Chapter 56, relating to standards and billing to be provided and the geographic area to be served. practices for residential utility service.2 Subject to section The notice shall include the application docket num- 2207 of the act (relating to obligation to serve), nothing in ber and a statement that protests related to the this section shall preclude a natural gas supplier, upon technical or financial fitness of the applicant shall be appropriate and reasonable notice to the retail gas cus- filed within 15 days of the publication date of the tomer, supplier of last resort and the natural gas distribu- notice with the Commission’s Secretary, Public Utility tion company, from canceling its contract with any cus- Commission, P. O. Box 3265, Harrisburg, PA 17105- tomer for legal cause, subject to the customer’s right to 3265. The notice in an acceptable electronic format have continued service from the supplier of last resort. shall be submitted to the Commission’s Secretary for After receiving notice the customer could then attempt to posting on the Commission’s Internet web site. repair their relationship with the natural gas supplier, seek a new natural gas supplier, or default to the natural B. Protests to Applications gas distribution company, at current tariffed rates or to Commission regulations at 52 Pa. Code § 54.36 address the provider of last resort. The customer would only be the requirements regarding protests to applications as disconnected from the distribution system under Chapter follows: 56 if the customer failed to meet his obligations to the (a) Consistent with § 5.14(b) (relating to applica- utility of the provider of last resort. tions requiring notice), a 15-day protest period com- G. City Natural Gas Distribution Operation License mences on the date notice of the application filing is Application and Issuance published in newspapers. An interested party may The act defines a City Natural Gas Distribution Opera- file a protest to an application in compliance with tion at section 102 as follows: § 5.52(a) (relating to content of a protest to an application) and shall set out clearly and concisely A collection of real and personal assets used for the facts upon which challenge to the fitness of the distributing natural gas to retail gas customers applicant is based. An applicant may file an answer owned by a city or a municipal authority, nonprofit to the protest within 10 days of when the protest is corporation or public corporation formed pursuant to filed. Protests that do not fully comply with § 5.52(a) section 2212(m) (relating to city natural gas distribu- will be rejected. tion operations). (b) Protests may challenge only the applicant’s Section 2212(p) of the act states that a city natural gas financial and technical fitness to provide the service distribution operation may apply for a license under the for which a license is requested. Consistent with the procedures under section 2208 (relating to requirements requirements of due process, sanctions, such as revo- for natural gas suppliers). Subject to the requirement cation or suspension of a supplier’s license or the that it qualify for and obtain a natural gas supplier imposition of a fine, may be imposed on parties who license under section 2208, a city natural gas distribution intentionally misuse the protest process by repeated operation is authorized to engage in the business of a filing of competitive protests. natural gas supplier outside its municipal or corporate limits. (c) A protest to the applicant’s technical or financial fitness to provide service will be assigned to H. Open and Nondiscriminatory Access Commission staff for review. Staff will determine if A municipal corporation shall, before it is permitted to the protest fully complies with § 5.52(a) and sets out provide natural gas supply services as a licensed natural clearly and concisely the facts upon which the chal- gas supplier, demonstrate, and the Commission shall lenge to the fitness of the applicant is based. Staff determine, that by the date of the issuance of the license, will determine if the protest is sufficiently docu- it will provide other natural gas suppliers open and mented. If a protest is not sufficiently documented, nondiscriminatory access to its gas distribution system Commission staff will prepare a recommendation for under standards that are comparable to the act, taking Commission consideration dismissing the protest and into consideration the particular circumstances of the granting the application. If a protest is sufficiently municipal corporation’s ownership and /or operation of its documented, the application will be transferred to the gas distribution system. Office of Administrative Law Judge for hearings or mediation as deemed appropriate. III. Other Issues C. Technical Fitness A. Publication of Notice of Filing The Commission issued a policy statement addressing Commission regulations at 52 Pa. Code § 54.35 address the fitness of a natural gas marketer or broker (including the publication requirements regarding notice of filing as a natural gas distribution company’s affiliate), which has follows: been published at 52 Pa.C.S. § 69.195. In this policy (a) Notice of filing an application shall be pub- statement the phrase marketers or brokers, or both, lished in newspapers of general circulation covering includes all natural gas distribution company affiliates, each county in which the applicant intends to provide subsidiaries, parents, divisions, and the like providing service as required by § 5.14(a)(2) (relating to appli- natural gas supply to respective natural gas distribution cations requiring notice). Applicants may contact the company’s customers. The Commission will be interpret- ing the terms marketer and broker as contained in 52 2 52 Pa. Code Chapter 56 may be purchased from Fry Communications by calling (717) 766-0211, ext. 2339. 3Pa.P.U.C. Communications Office (717) 783-9970, or FAX (717) 787-4193.

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Pa.C.S. § 69.195 et. seq. as applying to natural gas competitive natural gas market place develops, we antici- suppliers as defined in the act. pate that there may be certain community-based organizations (CBOs), civic, fraternal or business associations, The Commission seeks to insure that natural gas common interest groups and other entities that work with suppliers operating in this Commonwealth possess the a licensed natural gas supplier to market services to their financial or technical, or both, fitness necessary to meet members or constituents. We believe that it may be their obligations consistent with the public interest in unnecessarily duplicative to require these nontraditional system reliability and gas supplies. Assurance of the natural gas service marketers to obtain their own licenses continuation of reliable service and secure supplies is a under certain circumstances. We therefore will not re- prerequisite for opening Pennsylvania’s gas markets to quire nontraditional marketers to be licensed if they meet full retail competition. the following criteria: Gas suppliers that wish to deliver gas to retail custom- • The nontraditional marketers must conduct their ers should demonstrate that they have the requisite transactions through a licensed natural gas supplier. financial and technical fitness to meet their obligations • consistent with the public interest in system reliability The nontraditional marketer: and natural gas distribution company’s underlying (1) May not collect revenues directly from retail cus- supplier-of-last-resort obligation. The financial and tech- tomers due to the provision of natural gas services. nical fitness is expected for any natural gas supplier that wants to serve any or all retail commercial, industrial or (2) May not require its members or constituents to retail classes. Financial and technical fitness is aimed at obtain their natural gas service through the nontradi- ensuring that a marketer or broker has the requisite tional marketer or the licensed natural gas suppliers with ability to offer service to the public. which the nontraditional marketer arranges retail services. Under the act, ‘‘a license shall be issued to any applicant, authorizing the whole or any part of the service (3) Is not responsible for the scheduling of natural gas covered by the application, if it is found that the appli- supplies, the payment or remission of taxes due from the cant is fit, willing and able to perform properly the sales of natural gas services and are not responsible for services proposed and to conform to the applicable provi- the payment of the costs of the natural gas to its sions of this title and the orders and regulations of the suppliers or producers. Commission, including those concerning standards and Additionally, the licensed natural gas suppliers who billing practices, and that the proposed service, to the provide services to retail customers through the activities extent authorized by the license, will be consistent with of a nontraditional marketer must retain responsibility the public interest.’’ Applicants who are currently provid- for these sales under the act. The licensed natural gas ing natural gas services in Pennsylvania will be pre- supplier must maintain the appropriate bonding require- sumed to have demonstrated technical fitness. ments for the sales. The licensed natural gas supplier must meet the same supply reliability requirements with D. Financial Fitness—Bond or Other Security the natural gas sales as it is required to provide for its To ensure the safety and reliability of natural gas own retail sales. The licensed natural gas supplier is also supply services, section 2208 of the act, states that no responsible for the nontraditional marketers activities natural gas supplier license shall be issued or remain in and will be held responsible for any violations of the act, force unless the applicant furnishes a bond or other the Commission’s regulations, including Chapter 56, or security in a form and amount to ensure the financial the Public Utility Code, committed by the nontraditional responsibility of the natural gas supplier. marketer. Each nontraditional marketer and each licensed natu- The criteria used to determine the amount and the ral gas supplier must provide Commission notification of form of these bonds or other securities are to be set forth their agreement to market natural gas services to retail in the natural gas distribution company’s restructuring customers prior to the nontraditional marketer engaging filings. Furthermore, the amount and form of the bond or in any natural gas service sales activity. other security may be mutually agreed to between the natural gas distribution company and the natural gas F. Market Power Remediation—Standards of Conduct supplier or the alternative supplier of last resort and the The act addresses standards of conduct under section natural gas supplier. 2209. Under section 2209(a) of the act the Commission is The license applicant must supply the Commission with required to provide interim guidelines for standards of proof that it has obtained the necessary bond or other conduct governing the activity of and relationships be- financial security for each natural gas distribution com- tween natural gas distribution companies and their affili- pany in whose service territory the license applicant will ated natural gas suppliers and other natural gas suppli- provide service to retail customers. The license applicant ers. The Commission is also required to monitor and must demonstrate that they have met the criteria re- enforce compliance with these standards. Section 2209(c) quired by the applicable Commission restructuring Order of the act requires that the standards of conduct provide: or that they have arrived at a mutually agreed alterna- (1) No discrimination against or preferential treatment tive. The license applicant shall provide the Commission of any natural gas supplier, including an affiliated natu- with a copy of the bonds, other financial security or other ral gas supplier. negotiated alternatives. (2) No disclosure or preferential sharing of any confi- E. Nontraditional Natural Gas Service Marketers dential information to or with any individual natural gas supplier. The definition of ‘‘natural gas supplier’’ at section 2202 of the act is very broad. This section also defines ‘‘natural (3) Adequate rules prohibiting cross-subsidization of an gas supply services’’ to include the sale or arrangement of affiliated natural gas supplier by a natural gas distribu- the sale of natural gas to retail gas customers. As the tion company.

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(4) Maintenance of separate books and records by the log should be open for public inspection during natural gas distribution company and its affiliated natu- normal business hours. ral gas suppliers. (8) The [natural gas distribution company] should (5) Sufficient physical and operational separation, but not disclose any customer proprietary information to not including legal divestiture to accomplish the preced- its marketing affiliate or division, and to the extent ing noted requirements. that it does disclose customer information, is should (6) An informal dispute resolution procedure and a do so to other similarly situated marketers in a system of penalties for noncompliance with the final set similar fashion so as not to selectively disclose, delay of standards of conduct consistent with existing Commis- disclosure or give itself or its affiliate any undue sion regulations. advantage related to the disclosure. A chronological log should be maintained showing the date, time and The Commission has addressed the relationship of the rationale for the disclosure. Any chronological log natural gas distribution company and their affiliates as should be open for public inspection during normal the natural gas industry moved towards full competition business hours. through a policy statement at 52 Pa.C.S. §§ 69.191 and 69.192. The Commission is of the opinion that these (9) The [natural gas distribution company] should policy statements, to the extent they are consistent with justly and reasonably allocate to its marketing affili- the requirements of the act, may form the basis for the ate or division the costs or expenses for general interim standards of conduct for the natural gas distribu- administration or support services. tion companies and their affiliates. Specifically section (10) The [natural gas distribution company] selling 69.192 states that the following policies should be applied surplus gas supplies and/or upstream capacity on a by the natural gas distribution company or natural gas short-term basis (as defined to the Federal Energy distribution companies (as defined by the act): Regulatory Commission) to its affiliate should make (1) The [natural gas distribution company] should supplies available to similarly situated marketers on apply its tariffs in a nondiscriminatory manner to its a nondiscriminatory basis. The [natural gas distribu- affiliate, its own marketing division and any nonaf- tion company] should not make any gas supplies filiate. and/or upstream capacity available through private disclosure to the [natural gas distribution company’s] (2) The [natural gas distribution company] should affiliate unless the availability is made simulta- likewise not apply a tariff provision in any manner neously with public dissemination in a manner that that would give its affiliate or division an unreason- fairly apprises interested parties of the availability of able preference over other marketers with regard to the gas supplies and/or upstream capacity. The [natu- matters such as scheduling, balancing, transporta- ral gas distribution company] should maintain a tion, storage, curtailment or nondelivery. chronological log of these public disseminations. Any (3) If a tariff provision is mandatory, the [natural chronological log should be open for public inspection gas distribution company] should not waive the provi- during normal business hours. sion for its affiliate or division absent prior approval (11) The [natural gas distribution company] should of the Commission. not condition or tie agreements to release interstate (4) If a tariff provision is not mandatory or pro- pipeline capacity to any service in which the [natural vides for waivers, the [natural gas distribution com- gas distribution company] or affiliate is involved. pany] should grant the waivers without preference to (12) The [natural gas distribution company] should affiliates and divisions or non-affiliates. not directly or by implication...represent to any (5) The [natural gas distribution company] should customer, supplier or third party that an advantage maintain a chronological log of tariff provisions for may accrue to any party through use of the [natural which it has granted waivers. Entries should include gas distribution company’s] affiliate or subsidiary. the name of the party receiving the waiver, the date (13) The [natural gas distribution company] should and time of the request, the specific tariff provision establish and file with the Commission a complaint waived and the reason for the waiver. Any chronologi- procedure for dealing with any alleged violations of cal log should be open for public inspection during any of the standards listed in paragraphs (1) through normal business hours. (12), this paragraph or paragraphs (14) and (15), (6) The [natural gas distribution company] should excepting for paragraph (9), which should be exclu- process requests for transportation promptly and in a sively under the purview of the Commission. These nondiscriminatory fashion with respect to other re- procedures should be developed in consultation with quests received in the same or a similar period. The interested parties during consideration of any tariff [natural gas distribution company] should maintain a guided by this section and § 69.191 (relating to chronological log showing the processing of requests general). The Commission may expect establishment for transportation services. Any chronological log of a complaint procedure or other recordkeeping should be open for public inspection during normal requirements if warranted by subsequent facts or business hours. circumstances. (7) Transportation discounts provided to the [natu- (14) The [natural gas distribution company] should ral gas distribution company’s] or its marketing keep a chronological log of any complaints, excepting affiliate’s favored customers should be offered to paragraph (9), regarding discriminatory treatment of other similarly situated customers and should not be natural gas suppliers. This chronological log should tied to any unrelated service, incentive or offer on include the date and nature of the complaint and the behalf of either the parent of affiliate. A chronological [natural gas distribution company’s] resolution of it. log should be maintained showing the date, party, Any chronological log should be open for inspection time and rationale for the action. Any chronological during normal business hours.

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(15) Parties alleging violations of these standards 5. The Commission’s contacts for this matter are may pursue their allegations through the Commis- Patricia K. Burket, of the Law Bureau, (717) 787-3464, sion’s established complaint procedures. A complain- and Thomas Maher, Fixed Utility Services, (717) 787- ant bears the burden of proof consistent with 66 5704, e-mail [email protected], fax (717) 772-1933. Pa.C.S. (relating to Public Utility Code) in regard to the allegations. 6. A final Opinion and Order shall be issued subsequent to the receipt and evaluation of any comments filed Additionally, the Commission would propose the follow- in accordance with this tentative order. ing interim standards of conduct related to the activities of natural gas suppliers: 7. All natural gas suppliers as defined in 66 Pa.C.S. (1) Licensees shall provide accurate information § 2201 wishing to provide natural gas supply services to about their natural gas supplier services using plain retail gas customers utilizing the jurisdictional facilities language and common terms. Where new terms are of a natural gas distribution company, or aggregate used, the terms must be defined again using plain residential, commercial and/or industrial natural gas load language: Information should be provided in a format in this Commonwealth shall first apply for a license from which will allow for comparison of the various natu- this Commission under the licensing instructions and ral gas supply services offered and the prices charged procedures established herein. for each type of service. 8. A copy of this order without Appendix A be submit- (2) Licensees shall provide notification of the ted to the Legislative Reference Bureau for publication in change in conditions of service, intent to cease opera- the Pennsylvania Bulletin. tion as an natural gas supplier, explanation of denial JAMES J. MCNULTY, of service, proper handling of deposits and proper Secretary handling of complaints in accordance with Commis- sion regulations where applicable. [Pa.B. Doc. No. 99-1114. Filed for public inspection July 9, 1999, 9:00 a.m.] (3) Licensees shall maintain the confidentiality of customers’ historic payment information and right of access to their own load and billing information. (4) Licensees shall not discriminate in the provi- Service of Notice of Motor Carrier Applications sion of natural gas supply services as to availability and terms of service based on race, color, religion, The following temporary authority and/or permanent national origin, sex, marital status, age receipt of authority applications for the right to render service as a public assistance income and exercise of rights under common carrier or contract carrier in this Commonwealth the Consumer Credit Protection Act, 15 U.S.C. have been filed with the Pennsylvania Public Utility §§ 1691—1691f; Regulation B, 12 CFR 202—202.14. Commission. Publication of this notice shall be considered (5) Licensees will be responsible for any fraudulent as sufficient notice to all carriers holding authority from deceptive or other unlawful marketing or billing acts this Commission. Applications will be considered without performed by their agents or representatives. Lic- hearing in the absence of protests to the application. ensee shall inform consumers of state consumer Protests to the applications published herein are due on protection laws that govern the cancellation or rescis- or before August 2, 1999, as set forth at 52 Pa. Code sion of natural gas supply service contracts. 73 P. S. § 3.381 (relating to applications for transportation of § 201-7. property and persons). The protest shall also indicate whether it applies to the temporary authority application To facilitate public comment to these proposed interim or the permanent application or both. natural gas supplier licensing requirements, a 14-day comment period is established. We urge that all inter- Applications of the following for approval of the ested persons file comments as soon as possible. Note beginning of the exercise of the right and privi- that reply comments will not be permitted; Therefore, lege of operating as common carriers for trans- It Is Ordered That: portation of persons as described under each application. 1. The Requirements for Natural Gas Suppliers— Guidelines under Act 21-1999 Section 2208 as set forth in A-00115999. Ronald E. Norris, Jr., t/d/b/a The this tentative order are issued to the public for comment. Shuttle (2138 Green Street, 1st Floor, Harrisburg, Dau- phin County, PA 17110)—persons in paratransit service, 2. A comment period ending 14-days after the entry from points in the counties of Dauphin and York, to date of this order is hereby established. correctional institutions in the said counties, and at other 3. Written comments, an original and 15 copies, shall points in Pennsylvania, and return. be submitted to the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265. Applications of the following for approval of the No reply comments will be permitted. A diskette contain- additional right and privilege of operating motor ing the comments in Microsoft Word 6.0 electronic format vehicles as common carriers for transportation of must also be submitted. Comments should specifically persons as described under each application. reference the above-referenced docket number. A-00113157, F. 2. Mary Lewis, t/d/b/a Lewis Limou- 4. A copy of this order, any accompanying statements of sine (RR 2, Box 193-E, Carmichaels, Greene County, PA the Commissioners and the appendices be served upon all 15320)—Additional Right—persons, in group and party jurisdictional natural gas distribution companies, the service, using vehicles seating 15 passengers or less, Office of Consumer Advocate, the Office of Small Business including the driver, between points in the counties of Advocate, the Office of Trial Staff, Legislative stakehold- Greene, Fayette, Washington and Westmoreland, and ers, and shall be made available to all other interested from points in the said counties and the county of parties and posted on the Commission’s web page. Allegheny, to points in Pennsylvania, and return.

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 NOTICES 3691

Applications of the following for approval of the the discontinuance of call or demand service in the right and privilege to partially discontinue/ townships of Bullskin and Upper Tyrone, the borough of abandon operating as common carriers by motor Everson and the city of Connellsville, all located in vehicle for the transportation of persons as de- Fayette County, which is the service now authorized at scribed under each application. A-00105811, F. 1, Am-C. Attorney: John A. Pillar, 1106 A-00105811, F. 1, Am-E. Francis E. Criner, t/d/b/a Frick Building, Pittsburgh, PA 15219. Mt. Pleasant Yellow Cab. (2 South Church Street, Mt. [Pa.B. Doc. No. 99-1115. Filed for public inspection July 9, 1999, 9:00 a.m.] Pleasant, Westmoreland County, PA 15666) for amendment to his common carrier certificate: So as to permit

PENNSYLVANIA BULLETIN, VOL. 29, NO. 28, JULY 10, 1999 3692 STATE CONTRACTS INFORMATION DEPARTMENT OF GENERAL SERVICES Notices of invitations for bids and requests for proposals on State contracts for services and commodities for which the bid amount is reasonably expected to be over $10,000, are published in the State Contracts Information Section of the Pennsylvania Bulletin prior to bid opening date. Information in this publication is intended only as notification to its subscribers of available bidding and contracting opportunities, and is furnished through the Department of General Services, Vendor Information and Support Division. No action can be taken by any subscriber or any other person, and the Commonwealth of Pennsylvania is not liable to any subscriber or any other person, for any damages or any other costs incurred in connection with the utilization of, or any other reliance upon, any information in the State Contracts Information Section of the Pennsylvania Bulletin. Interested persons are encouraged to call the contact telephone number listed for the particular solicitation for current, more detailed information. EFFECTIVE JULY 1, 1985, A VENDOR’S FEDERAL IDENTIFICATION NUMBER (NUMBER ASSIGNED WHEN FILING INCOME TAX DOCUMENTS) OR SOCIAL SECURITY NUMBER IF VENDOR IS AN INDIVIDUAL, MUST BE ON ALL CONTRACTS, DOCUMENTS AND INVOICES SUBMITTED TO THE COMMONWEALTH.

Act 266 of 1982 provides for the payment of interest penalties on certain invoices of ‘‘qualified small business concerns’’. A qualified small business concern is an independently owned, operated for profit, business employing 100 or fewer employes and is not a subsidiary or affiliate of a corporation otherwise not qualified. Such penalties apply to invoices for goods or services when payments are not made by the required payment date or within a 15 day grace period thereafter. The small business concern must include on every invoice submitted to the Commonwealth: ‘‘(name of vendor) is a qualified small business concern as defined at 4 Pa. Code § 2.32’’. For information on the required payment date and annual interest rate, please call the Pennsylvania Department of Commerce, Small Business Action Center, 483 Forum Building, 783-5700.

Reader’s Guide REQUIRED DATA DESCRIPTIONS ࠗ1 Service Code Identification Number: There are currently 39 state service Legal Services & Consultation—26 and contractural codes. See description of legend. ࠗ2 Commodity/Supply or Contract Iden- tification No.: When given, number should be referenced when inquiring of contract of Purchase Requisition. ࠗ1 Service Code Identification Number If more than one number is given, each number represents an addi- ࠗ2 Commodity/Supply or tional contract. Contract Identification No. ࠗ3 Contract Information: Additional information for bid preparation may be B-54137. Consultant to provide three 2-day training sessions, covering obtained through the departmental the principles, concepts, and techniques of performance appraisal and contracting official. standard setting with emphasis on performance and accountability, with a knowledge of State Government constraints. ࠗ4 Department: State Department or Department: General Services Agency initiating request for adver- ࠗ3 Contract tisement. Location: Harrisburg, Pa. Information Duration: 12/1/93-12/30/93 ࠗ5 Location: Area where contract perfor- Contact: Procurement Division mance will be executed. ࠗ4 Department 787-0000 ࠗ6 Duration: Time estimate for performance and/or execution of contract. ࠗ7 ࠗ5 Location ࠗ7 Contact: (For services) State Depart- (For Commodities: Contact:) ment or Agency where vendor inquiries are to be made. Vendor Services Section ࠗ6 Duration 717-787-2199 or 717-787-4705 (For commodities) Vendor Services Section (717) 787-2199 or (717) 787-4705

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GET A STEP AHEAD IN COMPETING FOR A STATE CONTRACT! The Treasury Department’s Bureau of Contracts and Public Records can help you do business with state government agencies. Our efforts focus on guiding the business community through the maze of state government offices. The bureau is, by law, the central repository for all state contracts over $5,000. Bureau personnel can supply descriptions of contracts, names of previous bidders, pricing breakdowns and other information to help you submit a successful bid on a contract. We will direct you to the appropriate person and agency looking for your product or service to get you ‘‘A Step Ahead.’’ Services are free except the cost of photocopying contracts or dubbing a computer diskette with a list of current contracts on the database. A free brochure, ‘‘Frequently Asked Questions About State Contracts,’’ explains how to take advantage of the bureau’s services. Contact: Bureau of Contracts and Public Records Pennsylvania State Treasury Room G13 Finance Building Harrisburg, PA 17120 717-787-2990 1-800-252-4700 BARBARA HAFER, State Treasurer

1030 The Clarion County Department of Transportation is seeking bids on seven air conditioning units to be installed on the Department’s 6.5 L. diesel engine crew cabs. Units must work through air vents in cab with condenser in front of radiator and evaporator in firewall. All controls to work with existing heater controls already in cab. The Department will deliver and pick up vehicles when work is started and finished. Model year of vehicles are 2 each—1997 GMC 3500; 4 each—1998 GMC 3500 and 1—1999 Chevrolet 3500. Department: Transportation Location: R. D. 2, Shippenville, PA 16254 Commodities Duration: July 15, 1999—October 15, 1999 Contact: D. Rhodes, (814) 226-8200

113-0324 Outdoor furniture consisting of tables, chairs, and the like. Furniture is to be the same as existing facility inventory. Additional information available upon request. Contact Ken Wilson at (412) 665-6727. Department: Military Affairs Location: Southwestern Veterans Center, 7060 Highland Drive, Pittsburgh, PA 15206 1037229 Marine equipment and supplies: 62,535 CCF bulk liquid oxygen. To obtain a Duration: FY 99—00 bid package fax your request to Vendor Services at (717) 787-0725. Contact: Ken Wilson, Purchasing Agent II, (412) 665-6727 Department: Fish and Boat Commission Location: Bellefonte, PA 113-05525 Contract to furnish all material and labor necessary to install aluminum Duration: FY 98—99 and glass enclosure for one Nurse Station. Additional information available upon Contact: Vendor Services, (717) 787-4705/2199 request. Contact Ken Wilson at (412) 665-6727. Department: Military Affairs 1058209 Medical, dental and veterinarian equipment supplies—3,000 each Laerdal Location: Southwestern Veterans Center, 7060 Highland Drive, Pittsburgh, PA pocket mask, Laerdal No. 820011, mask w/one-way valve and filter in a compact case. 15206 No substitution. For copy of bid package fax request to (717) 787-0725. Duration: FY 99—00 Department: State Police Contact: Ken Wilson, Purchasing Agent II, (412) 665-6727 Location: Harrisburg, PA Duration: FY 98-99 0012 P/N: H30A2220B20: ITT general actuator for gas valve. 1. Cat. No.: Contact: Vendor Services, (717) 787-4705/2199 H118AN1322. Serial No. 31A3. Model No. A4. Above listed actuator must fit existing valve body 5. Actuator is all that is needed. Department: Public Welfare Location: Harrisburg State Hospital, Cameron and Maclay Streets, Harris- burg, PA 17105 Duration: Indefinite Contact: Jack W. Heinze, Purchasing Agent III, (717) 772-7435

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Advertising—01 Construction and Construction Maintenance—09

X5888 Supply 8,000 1/8Љ thick crumb rubber mousepads made from PA recycled tire FDC-409-428 Rehabilitation of a dam—Removal of existing timber structures; diver- rubber. sion and care of water; rock excavation; backfilling; landscaping; slip lining and piping; Department: Environmental Protection cast-in-place reinforced concrete walls and slabs; miscellaneous metal work; manhole; Location: Harrisburg, PA trash rack, sluice gate assembly; reinforced fiberglass ladder; and a fall prevention Duration: Needed by August 6, 1999 system. Contact: Dawn Levarto, (717) 787-9645 Department: Conservation and Natural Resources Location: Hickory Run Park, Kidder Township, PA Duration: 120 days Contact: R. P. Stakem, (717) 787-5055

AE-5373 This is a design build project. The awarded contractor will furnish and erect two six unit prefabricated metal T-hangars (base bid No. 1), other base bids may vary the unit number. The work shall include all labor and materials and all structural component parts necessary to complete the construction of prefabricated metal hangars. The following work may also be added to this contract if the appropriate base Computer Related Services—08 bid is accepted, rough grading, excavation, back filling, paving and construction of a reinforced concrete floor slab and foundations. Department: Transportation Location: Grand Canyon State Airport, Wellsboro, PA Duration: 6 months Contact: Valentina Chubb, (717) 787-7001

015 Provide and install custom casework for the basement of Paterno/Pattee Library addition. Department: General Services SP90781013 Contractor to furnish and install a 60 kw generator, 225 AMP transfer Location: Penn State University, Pattee Library at Penn State University, PA switch, 225 AMP panelboard and connect all related equipment in Building No. 34. Duration: Indeterminate 1999—2000 Detailed specifications can be obtained by contacting the Purchasing Office at Contact: Steve Blazer, (814) 865-5418 Wernersville State Hospital. Department: Public Welfare 015DGSA961-11 Project title: Roof Replacement. Brief description: Remove existing Location: Wernersville State Hospital, Route 422, Wernersville, Berks County, built up roof system and replace with new EPDM system with insulation and replace PA 19565 5% of existing metal deck. Estimated range: Under $100,000. General construction. Duration: Anticipated start date: October 1, 1999 Plans deposit: $25 per set. Payable to: The Commonwealth of Pennsylvania. Refund- Contact: Nancy Deininger, (610) 670-4129 able upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the SP90781014 Contractor to furnish and install a 60 KW generator, 225 AMP transfer cost of delivery of the plans and specifications. Contact the office listed to arrange for switch, 225 AMP panelboard and connect all related equipment in Building No. 35. delivery of documents. A separate check must be submitted to cover the cost of Detailed specifications can be obtained by contacting the Purchasing Office at delivery. Mail a separate check for $5 per set or provide your express mail account Wernersville State Hospital. number to the office listed. Mail requests to: The Department of General Services, Department: Public Welfare Room 107, Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125, (717) Location: Wernersville State Hospital, Route 422, Wernersville, Berks County, 787-3923. Bid date: Wednesday, July 28, 1999 at 1 p.m. PA 19565 Department: General Services Duration: Anticipated start date: October 1, 1999 Location: PA National Guard Armory Building, Phoenixville, Chester County, Contact: Nancy Deininger, (610) 670-4129 PA Duration: 120 calendar days from date of initial job conference SP90781012 Contractor to furnish and install a 60 KW generator, 225 AMP transfer Contact: Contract and Bidding Unit, (717) 787-6556 switch, 225 AMP panelboard and connect all related equipment in Building No. 37. Detailed specifications can be obtained by contacting the Purchasing Office at 015DGSA376-9 Project title: Roof Replacement—Unit A. Brief description: Remove Wernersville State Hospital. existing built-up roofing system and install new fully adhered EPDM roofing system Department: Public Welfare with new insulation and miscellaneous flashings. Estimated range: $100,000 to Location: Wernersville State Hospital, Route 422, Wernersville, Berks County, $500,000. General construction. Plans deposit: $25 per set. Payable to: The Common- PA 19565 wealth of Pennsylvania. Refundable upon return of plans and specifications in reusable Duration: Anticipated start date: October 1, 1999 condition as construction documents within 15 days after the bid opening date. The Contact: Nancy Deininger, (610) 670-4129 bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed to arrange for delivery of documents. A separate check must be submitted B0000182 Millersville is seeking bidders who can provide the following: Fore Systems to cover the cost of delivery. Mail a separate check for $5 per set or provide your ESX 24-24TX24FX+ESX-NCS-1/TX Fore Part No. 207-1000-300; ASX-UPG 1000HA32 express mail account number to the office listed. Mail requests to: The Department of ASX1000 Switch Fabric Complete: Fore Systems ESX-24-24TX20C12 Module (24 port General Services, Room 107, Headquarters Building, 18th and Herr Streets, Harris- of 10/100TX and 2 ports of OC12 Multi Mode ATM Fore Part No. 207-2030-200; burg, PA 17125, (717) 787-3923. Bid date: Wednesday, July 28, 1999 at 11 a.m. ESX-FSA-START; F/W Switching Agent for First Line Card and work with FW-1 Department: General Services Engine Fore Part No. 200-0070-300; ESX-FSA card—F/W Switching Agent for addi- Location: Laurel Highlands, State Correctional Institution Somerset, Somerset tional line card to work with FW-1 engine Fore Part No. 200-0070-400; Installation County, PA and support P Pack plus two seats of training for ESX at Fore Corp., in Pittsburgh, Duration: 120 calendar days from date of initial job conference PA; NM-8DS1d 8 port 1.5 Mbs DS-1 Network module; NM-4-port 155 Mbps OC-3 Contact: Contract and Bidding Unit, (717) 787-6556 Multi-model Net-Mod (SC). Interested bidders should fax their request to be placed on a bidders list to Anna Stauffer, (717) 871-2000 no later than 2 p.m. on Friday, July 16, IN-760 Construction of new parking facilities. Work included under this project 1999. consists of a new parking garage and the rehabilitation of four existing paved parking Department: State System of Higher Education lots. Notice to Contractors may be requested from IUP. Phone: (724) 357-2289; fax Location: Millersville University, Millersville, PA 17551 (724) 357-6480; Internet: http://www.iup.edu/engcons. Duration: August 1999 through September 1999 (estimate) Department: State System of Higher Education Contact: Anna Stauffer, (717) 872-3041 Location: Indiana University of Pennsylvania, Indiana, PA 15705-1087 Duration: 13 months Contact: Ronald E. Wolf, (724) 357-4851

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015DGSA210-10 Rev. Rebid Project title: Remove and Replace Underground Gasoline Storage Tank. Brief description: Remove one 10,000 gallon gasoline UST and provide one new 10,000 gallon vaulted gasoline underground storage system with dispenser, fuel management system, fire suppression, ventilation, leak detection/monitoring, electric power and control circuit, new grading, paving and storm drainage. Estimated range: $100,000 to $500,000. General, electrical and UST/AST construction. Plans deposit: $25 per set. Payable to: The Commonwealth of PA. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed to arrange for delivery of documents. Extermination Services—16 A separate check must be submitted to cover the cost of delivery. Mail a separate check for $5 per set or provide your express mail account number to the office listed. Mail requests to: The Department of General Services, Room 107, Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, July 28, 1999 at 11 a.m. Department: General Services Location: PA State Police—Troop ‘‘A’’ Headquarters, Greensburg, Westmoreland County, PA Duration: 180 calendar days from date of initial job conference Contact: Contract and Bidding Unit, (717) 787-6556 SP260035 Furnish all labor, materials and equipment to provide exterminating service at PA Liquor Control Board locations in the following counties of Bucks, Chester, 015DGSA415-37 Project title: Roof Replacement—Gymnasium. Brief description: Delaware, Montgomery and Philadelphia. Remove existing roof gravel and base flashings which contain asbestos. Install new Department: Liquor Control Board membrane roof system and recovery board in hot steep asphalt. Estimated range: Location: Counties of Bucks, Chester, Delaware, Montgomery and Philadel- Under $100,000. General construction. Plans deposit: $25 per set. Payable to: The phia, PA Commonwealth of Pennsylvania. Refundable upon return of plans and specifications in Duration: Upon notification of award through June 30, 2004 reusable condition as construction documents within 15 days after the bid opening Contact: Gerald J. Grecek, (717) 787-9855 date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed to arrange for delivery of documents. A separate check must be submitted to cover the cost of delivery. Mail a separate check for $5 per set or provide your express mail account number to the office listed. Mail requests to: The Department of General Services, Room 107, Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, July 28, 1999 at 2 p.m. Department: General Services Location: Scotland School for Veterans’ Children, Scotland, Franklin County, PA Financial and Insurance Consulting—17 Duration: 120 calendar days from date of initial job conference Contact: Contract and Bidding Unit, (717) 787-6556

FDC-215-358 Removal of existing dock systems and complete installation of new pile systems, new dock systems, and all associated concrete and restoration work. Department: Conservation and Natural Resources Location: Maurice K. Goddard State Park, New Vernon Township, PA Duration: Complete all work by April 1, 2000 Contact: R. P. Stakem, (717) 787-5055 SP33990001 The Pennsylvania Infrastructure Investment Authority (PENNVEST) is seeking a nationally recognized and accredited accounting firm to perform verifications of the arithmetical accuracy of projected cash flows, projected debt service of PENNVEST Revenue Bonds and debt service coverage ratios. Department: PENNVEST Location: 22 South Third Street, Harrisburg, PA 17101 Duration: Four years Contact: Jerry W. Allen, II, (717) 783-4489

Environmental Maintenance Services—15 SP90781011 Fencing: Contractor to furnish and install approximately 1,500 feet of chain link fencing. Detailed specifications can be obtained by contacting the Purchas- ing Office at Wernersville State Hospital. Department: Public Welfare Location: Wernersville State Hospital, Route 422, Wernersville, Berks County, PA 19565 Duration: Anticipated start date: October 1, 1999 Contact: Nancy Deininger, (610) 670-4129

0307 Remove, furnish and install water pump and casing. No. 3 Pump House. To obtain bid information contact Stanley Rygelski at (570) 587-7291. Department: Public Welfare Location: Clarks Summit State Hospital, 1451 Hillside Drive, Clarks Summit, PA 18411-9595 Duration: Approximate August 1, 1999 through June 30, 2000 Contact: Stanley Rygelski, Purchasing Agent, (570) 587-7291 BOGM 99-01 Clean out and plug five abandoned oil and gas wells, Wampum Food—19 Hardware Company and James Korab properties, estimated between 350 and 400 feet deep. Department: Environmental Protection Location: North Beaver and Mahoning Townships, PA Duration: 45 days Contact: Construction Contracts Section, (717) 783-7994

430000 Perishable foods for period: August 1999—Western Center. Dates, specifications, quantities, special delivery instructions available upon request. Department: Public Welfare Location: Western Center Dietary Department, 333 Curry Hill Road, Canonsburg, PA 15317 Duration: August, 1999 Contact: Ginny Stinespring, Purchasing Agent, (724) 873-3256

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4620-02 The Department of Transportation will solicit vending services for all rest areas/welcome centers. Items vended will be limited to nonperishables such as soda/juice, candy/snacks, ice cream, sandwiches and hot drinks. The vendor will be responsible for the installation, stocking and maintenance of the vending machine. General liability insurance will be required. Contracts will be awarded to the highest monthly fee bid to Department of Transportation expressed in lump sum bid form. Persons interested in obtaining a proposal to bid should contact the name listed within 10 days of this notice. Bid opening is July 23, 1999 in Conference Room 7C, 7th Floor, Forum Place, Harrisburg, PA at 1:30 p.m. Department: Transportation Laboratory Services—24 Location: Statewide—Rest Area/Welcome Centers Duration: 3 years per specification and provisions Contact: LuAnn J. Shadle, (717) 787-0188

8915 2010 000 Non-carbonated beverage drink/juice concentrated bases: Contract shall be for the months of August 1, 1999 through June 30, 2002. Delivery of the products specified shall be made as needed and requested by the institution on a daily basis. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. 1181009041 Contractor to provide testing of textile materials to ensure that the Department: Corrections products received and used in the production of Correctional Industries products Location: State Correctional Institution at Greensburg, R. D. 10, Box 10, Route conform to Federal specification, or to the Pennsylvania Commercial Item Description 119 South, Greensburg, PA 15601-8999 (PCID) that identifies the testing methodology for those textile products. If no Duration: August 1, 1999 through June 30, 2002 reference is made to either of these standards, then the tests to be performed should Contact: Charles W. Kovach, (724) 853-3503 comply with the Federal Trade Commission’s ‘‘Rules and Regulations under the Textile Fiber Products Identification Act.’’ Department: Corrections Location: Correctional Industries, 75 Utley Drive, Camp Hill, PA 17011 Duration: January 1, 2000 to December 31, 2001 Contact: Beth Procopio, (717) 975-4960

Hazardous Material Services—21

Lodging/Meeting—27

030-0246 Removal and disposal of hazardous and nonhazardous waste material, analytic services and emergency response cleanup work. Department: Transportation Location: Columbia, Lycoming, Montour, Northumberland, Snyder, Sullivan, Tioga, Union and Bradford Counties, PA Duration: One year 2010990038 The Pennsylvania State Police is seeking a facility to conduct a 3-day Contact: James R. Premick, (570) 368-4309 conference within a 10 mile radius of Lancaster, PA for Commonwealth law enforcement personnel beginning October 26, 1999 and ending October 28, 1999. Must provide double occupancy lodging rooms, conference rooms, break refreshments, breakfast, lunch and dinner. Complete details will be sent to all interested bidders. Department: State Police Location: Lancaster, PA area Duration: October 26, 1999 through October 28, 1999 Contact: Diane Bolden, Procurement and Supply, (717) 705-5923

HVAC—22

Medical Services—29

Project No. 1010 Boiler replacement. Department: Military Affairs Location: PAARNG Armory, 280 Market Street, Wilkes-Barre, PA Duration: August 1, 1999—March 30, 2000 Contact: Emma Schroff, (717) 861-8518

0400-HC Preventive maintenance of mechanical systems and equipment and associated devices related to the heating/cooling systems at the PADOT Engineering 4-0 RFA 98-0709 The purpose of this RFA is to establish three—four Geographic Office Building, Dunmore. The contractor shall furnish all personnel, parts, materials, Multi-County Service Area (GMCSA) Childhood Lead Poisoning Prevention Programs. test equipment, tools and services in conformance with contract specifications. The These contractors must provide comprehensive services within those areas of this contract will be renewable at the prices quoted for a 1 year period for a total of three Commonwealth assessed to present a high risk of environmental exposure to lead such renewals. Bid opening is July 29, 1999 at 11 a.m. Contact Gerald Pronko, hazards. Through this RFA, the State Childhood Lead Poisoning Prevention Program Purchasing Agent at (570) 963-4039 for bid proposal and specifications. proposes to serve the largest number of children under the age of 72 months. Department: Transportation Contractors will be selected based upon ranking of applications. The selection of Location: District 4-0, O’Beill Highway, Dunmore, PA 18512 contractor will continue until available funds have been expended. County/Municipal Duration: 1 year with 3—one year renewals Health Agencies are exempted from the RFA process. Contact Carol McDonough, Contact: Gerald Pronko, (570) 963-4039 Department of Health, Material and Child Health, Childhood Lead Poisoning Preven- tion Program (717) 783-8451, for information regarding areas of this Commonwealth Project No. 1011 Purchase and install a gas-fired steam boiler with an AGA output of assessed to be at greatest need for Childhood Lead Poisoning Prevention Program 2,106 MBH. Work to include demolition and removal of the existing boiler and Services. installation of new boiler with hook-up of all appurtenant utilities (gas, water, electric), Department: Health concrete equipment pad and all insulation. Location: Statewide Department: Military Affairs Duration: Three years Location: PAARNG Armory, 490 East Main Street, Nanticoke, PA Contact: Carol McDonough, Department of Health, Maternal and Child Duration: July 1, 1999—June 30, 2000 Health, (717) 783-8451 Contact: Emma Schroff, (717) 861-8518

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Property Maintenance—33 Miscellaneous—39

Project No. 1012 Replace approximately 80 square of existing shingles with new, 1252 Rental 400 KW power generator (3 months, approximately December 1999 to paint clearstory windows. February 2000). Department: Military Affairs Department: Public Welfare Location: PAARNG Armory, 51 West Clearview Road, Hanover, PA Location: Selinsgrove Center, Box 500, Route 522, Selinsgrove, PA 17870 Duration: July 1, 1999—June 30, 2000 Duration: December, 1999—February, 2000 Contact: Emma Schroff, (717) 861-7518 Contact: Arletta K. Ney, (570) 372-5070

63-0023 West Chester University is soliciting sealed bids for the restoration of existing SP 3881049001 Site preparation and installation for woven wire deer fence around stone chimney, including but not limited to, repointing, resetting of loose stones and two sites in the Negro Mountain Division of the Forbes State Forest. The sites are joint sealant work at Anderson Hall. A performance and maintenance bond will be located in Elk Lick Township, Somerset County and is approximately a total of 11,500 required. A site visit will be conducted at 8:30 a.m. on July 20, 1999, meeting in the lineal feet. Prebid inspection will be on July 15, 1999. Both sites are to be bid as one lobby of Anderson Hall (Church St. side). Bids will be due and publicly opened at 11 contract. a.m. on July 29, 1999. Department: Conservation and Natural Resources Department: State System of Higher Education Location: Forbes Forest District No. 4, P. O. Box 519, Laughlintown, PA 15655- Location: West Chester University, Anderson Hall, West Chester, PA 19383 0519 Duration: 30 days from Notice to Proceed Duration: Upon execution of the contract and terminate on November 19, 1999 Contact: Jacki Marthinsen, (610) 436-2705 Contact: Chris Nicholas, (724) 238-5039

DES012 The Department of Transportation is soliciting bids for grass cutting and 0400-CC For the rental of a calcium chloride dispensing system for use at stockpiles in snow removal services at the Johnstown Driver Exam Site, 563 Walters Avenue, Lackawanna, Luzerne and Susquehanna Counties. The contract shall be renewable at Johnstown, PA 15901. All requests for bid packages can be obtained by faxing a the prices quoted for three 1-year periods. Contact Gerald Pronko at (570) 963-4039 for request to: Susan Sobotor at fax (717) 783-7971 or calling (717) 783-3931. bid package. Department: Transportation Department: Transportation Location: Johnstown Driver Exam Site, 563 Walters Avenue, Johnstown, PA Location: Counties of District 4-0: Lackawanna, Luzerne, Pike, Susquehanna, 15901 Wayne and Wyoming, PA Duration: 5 years Duration: November 15, 1999 to November 14, 2000 Contact: Susan Sobotor, (717) 783-3931 Contact: Gerald Pronko, (570) 963-4039

RFP No. 1999-02 The Department of Aging is seeking to secure a contractor to complete a study to assess the availability of Guardianship services for Older Pennsylvanians. Sealed proposals will be received by the Department until 3 p.m. on Wednesday, August 25, 1999. A preproposal conference will be held on July 28, 1999 in Conference Room 5A at 9 a.m. at 555 Walnut Street, 5th Floor, Harrisburg, PA. Interested bidders must request a copy of the RFP by calling (717) 783-3126, or in writing to the Department of Aging, Bureau of Administrative Services, 555 Walnut Street, 5th Floor, Harrisburg, PA 17101-1919. Sanitation—36 Department: Aging Location: Statewide Duration: January 1, 2000 through June 30, 2000 Contact: Patricia M. Lingle, (717) 783-3126

63-0038.004 West Chester University is soliciting sealed bids for the restoration and refinishing of antique furniture from the Philips Memorial Building. There are approximately 40—45 pieces including chairs, tables, sideboards and supboards. A minimum of 5 years experience restoring ornately carved wood furniture is required. A site visit will be conducted on Tuesday, July 20, 1999 at 1:30 p.m. at 821 South 90782010 Collection and removal of refuse (trash and garbage). To receive specifica- Matlack St., where the furniture is currently stored. The work is to be completed by tions, send fax request to Beverly O. Epting, Hamburg Center, Hamburg, PA 19526, November 15, 1999. Bids are due and will be publicly opened on August 3, 1999 at 11 fax (610) 562-6025. a.m. Department: Public Welfare Department: State System of Higher Education Location: Hamburg Center, Hamburg, PA 19526 Location: West Chester University, West Chester, PA 19383 Duration: Anticipated dates January 1, 2000—December 31, 2004 Duration: November 15, 1999 Contact: Beverly O. Epting, (610) 562-6031 Contact: Jacki Marthinsen, (610) 436-2705

061005 This contract is for the pickup and disposal of road-killed deer which are discovered by PennDOT and the public within the rights-of-way on State Routes 1, 13, 95, 202, 309, 611 and 663 in Bucks County. Deer that are picked up must be disposed of at an approved disposal facility. To obtain bid information contact Scott Bittner at (215) 345-6060. Department: Transportation Location: PennDOT Office, 229 North Broad Street, Doylestown, PA 18949 Duration: December 1, 1999 to April 30, 2001 with an option for two 1-year Vehicle, Heavy Equipment—38 renewals Contact: Scott Bittner, (215) 345-6060 [Pa.B. Doc. No. 99-1116. Filed for public inspection July 9, 1999, 9:00 a.m.]

38-8110-8-003 Rental of three Catapillar 312 Trackhoe or equivalent for various road projects on the Sproul State Forest at the following locations: Left Branch Hyner Run Road (rental period of 3 weeks); Abes Fork Road (rental period of 2 weeks); Two Mile Big Basin Road (rental period of 5 weeks); Eagleton Road (rental period of 4 weeks). Rental of two D-4 Catapillar Bulldozer or equivalent for various road projects on the Sproul State Forest at the following locations: Left Branch Hyner Run Road (rental period of 3 weeks); Abes Fork Road (rental period of 2 weeks); Two Mile Big Basin Road (rental period of 5 weeks). Department: Conservation and Natural Resources Location: Bureau of Forestry, HCR 62, Box 90, Renovo, PA 17764 Duration: Expires June 30, 2000 Contact: Richard Kugel, (570) 923-6011

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DESCRIPTION OF LEGEND

1 Advertising, Public Relations, Promotional 22 Heating, Ventilation, Air Conditioning, Materials Electrical, Plumbing, Refrigeration Services, 2 Agricultural Services, Livestock, Equipment, Equipment Rental & Repair Supplies & Repairs: Farming Equipment 23 Janitorial Services & Supply Rental: Interior Rental & Repair, Crop Harvesting & Dusting, 24 Laboratory Services, Maintenance & Animal Feed, etc. Consulting 3 Auctioneer Services 25 Laundry/Dry Cleaning & Linen/Uniform 4 Audio/Video, Telecommunications Services, Rental Equipment Rental & Repair 26 Legal Services & Consultation 5 Barber/Cosmetology Services & Equipment 27 Lodging/Meeting Facilities 6 Cartography Services 28 Mailing Services 7 Child Care 29 Medical Services, Equipment Rental and 8 Computer Related Services & Equipment Repairs & Consultation Repair: Equipment Rental/Lease, 30 Moving Services Programming, Data Entry, Payroll Services, Consulting 31 Personnel, Temporary 9 Construction & Construction Maintenance: 32 Photography Services (includes aerial) Buildings, Highways, Roads, Asphalt Paving, 33 Property Maintenance & Bridges, Culverts, Welding, Resurfacing, etc. Renovation—Interior & Exterior: Painting, 10 Court Reporting & Stenography Services Restoration, Carpentry Services, Snow Removal, General Landscaping (Mowing, Tree 11 Demolition—Structural Only Pruning & Planting, etc.) 12 Drafting & Design Services 34 Railroad/Airline Related Services, Equipment 13 Elevator Maintenance & Repair 14 Engineering Services & Consultation: 35 Real Estate Services—Appraisals & Rentals Geologic, Civil, Mechanical, Electrical, Solar 36 Sanitation—Non-Hazardous Removal, & Surveying Disposal & Transportation (Includes 15 Environmental Maintenance Services: Well Chemical Toilets) Drilling, Mine Reclamation, Core & 37 Security Services & Equipment—Armed Exploratory Drilling, Stream Rehabilitation Guards, Investigative Services & Security Projects and Installation Services Systems 16 Extermination Services 38 Vehicle, Heavy Equipment & Powered 17 Financial & Insurance Consulting & Services Machinery Services, Maintenance, Rental, 18 Firefighting Services Repair & Renovation (Includes ADA Improvements) 19 Food 39 Miscellaneous: This category is intended for 20 Fuel Related Services, Equipment & listing all bids, announcements not applicable Maintenance to Include Weighing Station to the above categories Equipment, Underground & Above Storage Tanks GARY E. CROWELL, 21 Hazardous Material Services: Abatement, Secretary Disposal, Removal, Transportation & Consultation

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Contract Awards Requisition or Awarded In the The following awards have been made by the Depart- Contract No. On To Amount Of ment of General Services, Bureau of Purchases: 1725228-01 06/28/99 Rumsey Elec- 582.00 Requisition tric Co. or Awarded In the 1725228-02 06/28/99 Wesco Distri- 14,316.14 Contract No. On To Amount Of bution, Inc. 1013119-01 06/28/99 Whiteside’sof 25,950.00 1725228-03 06/28/99 Whitehill 1,000.86 Cambridge, Lighting and Inc. Supplies, 1032219-01 06/28/99 W. W. 19,564.93 Inc. Grainger 1725228-04 06/28/99 The Hite Co. 10,834.20 1034159-01 06/28/99 Peirce-Phelps, 32,766.40 1725228-05 06/28/99 Dauphin Elec- 755.75 Inc. tric 1216148-01 06/28/99 Tactical Tech- 15,292.00 1725228-06 06/28/99 Scott Electric 101.90 nologies, Inc. 1725228-07 06/28/99 Aura Electric 88.08 Supply, Inc. 1536188-01 06/28/99 Vibrations 40,425.00 Sales Pro- 1744148-01 06/28/99 Innovative 42,300.00 motions Surveillance Technology, 1536188-02 06/28/99 Palmer Promo- 53,175.00 Inc. tional Prod- ucts 1745158-01 06/28/99 Sienna Imag- 150,826.00 ing, Inc.-Lab 1584118-01 06/28/99 Pinnacle Elec- 95,163.00 Systems tronic Sys- Group tems 1748358-01 06/28/99 Hewlett- 83,448.80 1617138-01 06/28/99 M. A. 47,417.00 Packard Co. Brightbill Body Works, 1764118-01 06/28/99 Paladin 99,123.00 Inc. Chevrolet, Inc. 1680118-01 06/28/99 Bentley Asso- 133,200.00 ciates, Inc. 1772818-01 06/28/99 Pinnacle Tech- 93,000.00 nologies, 1682118-01 06/28/99 Stonhard, Inc. 29,300.00 Inc. 1702118-01 06/28/99 Import/Impex, 193,700.00 GARY E. CROWELL, Inc. Secretary 1703148-01 06/28/99 Wescam, Inc. 135,900.00 [Pa.B. Doc. No. 99-1117. Filed for public inspection July 9, 1999, 9:00 a.m.] 1705118-01 06/28/99 Tabb Textile 34,200.00 Co., Inc.

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