Public Notices - Recent But Comment Periods Closed

 

 

 

 

 

 

 

 

EPA Region III is offering for public comment a proposed National Pollutant Elimination Discharge (NPDES) permit for the Blue Plains advanced wastewater treatment plant located in Washington, D.C.  this is a reissuance of the January 24, 2002 permit which was modified on December 16, 2004 and April 5, 2007. The Government of the District of Columbia proposes to provide Clean Water Act (CWA) Section 401 certification for this permit into the Potomac and Anacostia Rivers, Rock Creek and its tributaries.

NAME AND ADDRESS OF APPLICANT:

District of Columbia, Water and Sewer Authority
5000 Overlook Avenue, SW,
Washington, DC  20372

 

NAME AND ADDRESS OF FACILITY WHERE DISCHARGE OCCURS:

Blue Plains Wastewater Treatment Plant
5000 Overlook Avenue, SW,
Washington, DC 20372

 

LOCATIONS OF DISCHARGES AND RECEIVING WATERS: The Potomac and Anacostia Rivers, Rock Creek and its tributaries.

 

PROCEDURES FOR FORMULATION OF FINAL DETERMINATION: On the basis of preliminary review and application of lawful standards and regulations, the Environmental Protection Agency (EPA), Region III, advises the public of the proposed reissuance of this draft NPDES permit for the Blue Plains Wastewater Treatment Plant. The DC Government Department of the Environment (DOE) proposes to provide Clean Water Act Section 401 certification for this facility. The discharges from this facility will be subject to certain effluent limitations and special conditions in accordance with the Clean Water Act and District of Coumbina law. These proposed determinations are tentative pending public comment and DC government certification.

 

PUBLIC COMMENT: Pursuant to the regulations contained in 40 C.F.R. 124.10, EPA and DOE hereby offer the draft permit for a 30-day period of public comment which will begin on May 7, 2009 and will end on June 8, 2009. Persons wishing to comment on the proposed Blue Plains NPDES permit are invited to do so in writing within 30 days of the date of this public notice.  Comments must be received within this 30 day period or postmarked no later than June 8, 2009, to be considered in the formulation of a final determination regarding this application.  All comments should be written and include the name, address and telephone number of the commenter and a concise statement of the exact basis of any comment and the relevant facts upon which such comment is based. All written comments concerning this NPDES permit should be submitted to EPA Region III at the address below. Comments relating to the District of Columbia's 401 Certification should be submitted to:

Collin R. Burrell, Associate Director
Water Quality Division
District of Columbia Department of the Environment
51 N. Street, N.E.
Washington, DC 20002.

Persons may also request a public hearing on this matter, if no hearing has been scheduled.  Any request for public hearing shall be in writing and shall state the nature of the issues proposed to be raised at the hearing. 

 

Comments are being accepted until June 8, 2009.

AVAILABILITY OF INFORMATION: Copies of the proposed permit (PDF) 70pg, 2.4M About PDF along with the accompanying fact sheet (PDF) 27pg, 1.3M About PDF, related documents and other information are on file and may be inspected. Arrangements made for copying at the Region III Office of the Environmental Protection Agency, Office of NPDES Permits and Enforcement, 1650 Arch Street, Philadelphia, PA 19103, at any time between 9:00 a.m. and 4:00 p.m., Monday through Friday, except during Federal holidays. The fact sheet and further information may be obtained by writing to EPA Region III at the address below.  In addition, copies of the proposed permit, fact sheet and related documents are on file and may be inspected at the Martin Luther King Jr., Library, 901 G Street, N.W., Washington, DC 20001, during normal business hours. Copies of the draft permit and fact sheet may also be viewed online at the EPA Region III Water Protection Division website at http://www.epa.gov/region03/reg3wapd/public_notices.htm.

 

REGISTER OF INTERESTED PERSONS:  Any person interested in having his or her name included on a mailing list to receive notifications of public comment for draft NPDES permits may leave his or her name, address, and telephone number or email address with the EPA Contact listed below. This registry of interested persons will be maintained to notify persons of the commencement of public comment for future NPDES permits and as a means for persons with an interest in the application to contact others with the similar interests.

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about the Blue Plains permit application.

 

All comments should be addressed to:

Mary Letzkus (3WP41)

Office of NPDES Permits and Enforcement
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103
(215) 814-2087

 

 

EPA Region III is offering for public comment an Administriative Complaint against Tunstall Fuel Company ("Respondent"). This complaint cites one violation of the Oil Pollution Prevention regulations, 40 C.F.R. Part 112, for the Respondent's facility located at 8700 Somerset Pike, Boswell, PA (the “Facility”).

NAME AND ADDRESS OF RESPONDENTT:

Tunsstall Fuel Company
8700 Somerset Pike
Boswell, PA 

 

SUMMARY OF VIOLATIONS: The Facility is an on-shore, bulk petroleum storage plant.  It operates four aboveground storage tanks, with a total capacity of approximately 50,000 gallons of petroleum products. The Facility is subject to the Oil Pollution Prevention Regulations, which includes Spill Prevention, Control and Countermeasures (“SPCC”) requirements.  The violation documented in the complaint pertains to the Facility’s failure to develop and implement an SPCC plan.  The proposed penalty for this violation is $39,930.31.

 

PUBLIC COMMENT:Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within thirty (30) days of the date of this public notice.  All comments received within this thirty-day period will be considered in the formulation of the final order.  All comments must include the name, address, and telephone number of the author and concise statement of the basis for any comment and any relevant facts on which it is based.  All comments should be addressed to:

Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA  19103

 

Comments are being accepted until June 4, 2009.

AVAILABILITY OF INFORMATION::  Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk identified above.

 

REGISTER OF INTERESTED PERSONS: Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest..

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action.

 

All comments should be addressed to:

Arlin Galarza (galarza-hernandez.arlin@epa.gov)

Oil & Prevention Branch (3HS61)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103
(215) 814-3223

U.S.ENVIRONMENTAL PROTECTION AGENCY
REGION III

Office of NPDES Permits and Enforcement, NPDES Permits Branch (3WP41)
1650 Arch Street
Philadelphia, Pennsylvania 19103

Public Notice
NOTICE OF PROPOSED ISSUE AND OPPORTUNITY FOR PUBLIC COMMENT
for National Pollutant Discharge Elimination System (NPDES) Permit
for the Washington Navy Yard, District of Columbia

In accordance with Section 402(a)(1) of the Clean Water Act (the “Act”), 33 U.S.C. §1251 et seq., notice is hereby given that the United States Environmental Protection Agency (EPA) is proposing to issue a National Pollutant Discharge Elimination System (NPDES) permit to the Washington Navy Yard, to control discharges of stormwater to the Lower Anacostia River. This draft permit contains water quality-based effluent limits based on the District of Columbia Water Quality Standards and the Lower Anacostia River approved Total Maximum Daily Loads.  Specific details concerning the decision rationale for reissuing the NPDES Permit as well as special conditions and terms requiring actions by the permittee are described in the draft NPDES Permit (PDF 59 pg, 139K) and the draft fact sheet (PDF 40pg, 159K). 

 

PUBLIC COMMENT: EPA welcomes input from the public on the proposed issuance during the comment period. Persons wishing to comment on the information contained in the draft NPDES Permit are invited to do so by sending a statement to the EPA Regional Administrator to the attention of the EPA representative listed below. All comments must be postmarked no later than May 25, 2009. All comments should be written and include the name, address and telephone number of the commenter and a concise statement of the exact basis of any comment and the relevant facts upon which such comment is based.

Comments are being accepted until May 25, 2009

 

AVAILABILITY OF INFORMATION: Information relevant to the proposed permit may be requested through the EPA contact listed below.  Copies of the draft permit, fact sheet are located on this website, and these documents are available for public inspection during normal business hours.  In addition, copies of the draft permit, fact sheet and administrative record are available for inspection at the Martin Luther King, Jr. Public Library, Room 309, 901 G Street, N.W., Washington, DC 20010.

 

REGISTER OF INTERESTED PERSONS:  Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number or email address on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action.

 

All comments should be addressed to:

Francisco Cruz (3WP41)

Office of NPDES Permits and Enforcement

NPDES Permits Branch
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103

cruz.francisco@epa.gov.

215-814-5734

 

The U.S. Environmental Protection Agency (EPA) plans to establish a Total Maximum Daily Load (TMDL) for the Kiskiminetas/Conemaugh River Watershed TMDL in Cambia, Somerset, Indiana and Westmore counties in western Pennsylvania. Stream segments that are impaired by acid mine drainage for metals, pH and sediment will have TMDLs calculated.

Draft Acid Mine Drainage TMDLS for the Kiskimentas/Conemaugh River Watershed (PDF) 80pp, 7.7MB About PDF
Appendix A, B, E and F (PDF) 195pp, 7MB
Support to Appendix B (463K)
Appendix C (430K)
Appendix D (364K)
Appendix G (2.5MB)
Appendix H (40K)

 

PUBLIC COMMENT: EPA welcomes input from the public on the proposed TMDL during the comment period. Persons wishing to comment on the information contained in the TMDL are invited to do so in writing within 45 days of the date of this public notice. All comments must be postmarked no later than May 7, 2009. All comments should be written and include the name, address and telephone number of the commenter and a concise statement of the exact basis of any comment and the relevant facts upon which such comment is based. Clearly identify the TMDL being commented on. Electronic submission of comments via email is encouraged. The TMDL report is available at EPA’s Region III office or can be requested.

 

EPA will also be holding a public meeting to present the details and answer questions regarding the proposed Kiskiminetas/Conemaugh River Watershed TMDL

on April 15, 2009, from 6:30-9:00 PM

at the Frank J. Pasquerilla Conference Center

301 Napoleon Street, Johnstown, PA 15901.

 

Comments are being accepted until May 7, 2009.

AVAILABILITY OF INFORMATION: Copies of the proposed TMDL (About PDF) and related documents and other information are on file and may be inspected and arrangements made for copying at the Region III office of the Environmental Protection Agency, Office of Standards, Assessment and TMDLs, 1650 Arch Street, Philadelphia, PA 19103, at any time between 9:00 a.m. and 4:00 p.m., Monday through Friday, except during Federal holidays. Further information may be obtained by writing to EPA Region III at the address below.  Copies of the draft TMDL and related documents are also available on the EPA Region III website at www.epa.gov/reg3wapd/tmdl/index.htm.

 

REGISTER OF INTERESTED PERSONS:  Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number or email address on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action.

 

All comments should be addressed to:

Lenka Berlin (3WP30)

Office of Standards, Assessment and TMDLs
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103

berlin.lenka@epa.gov.

or Helene Drago at (215) 814-5796

 

 

 

 

 

 

 

 

 

 

 

 

EPA Region III is offering for public comment a draft National Pollutant Elimination Discharge (NPDES) permit for the proposed reissuance of the NPDES permit for the Potomac Electric Power Company, Inc., (PEPCo), a subsidiary of PEPCO Holdings, Inc., for its Benning Road Electric Generating Station.  The Government of the District of Columbia proposes to provide Clean Water Act (CWA) Section 401 certification for this permit for the discharge of two process related discharges, cooling water blow down and cooling tower basin wash water and storm water runoff.  Each discharge is into the Anacostia River, a water of the District of Columbia. 

NAME AND ADDRESS OF APPLICANT:

Potomac Electric Power Company (PEPCo) a subsidiary of
PEPCO Holdings, Inc.
701 Ninth Street, NW
Washington, DC  20068

 

NAME AND ADDRESS OF FACILITY WHERE DISCHARGE OCCURS:

Benning Generating Station
3400 Benning Road, NW
Washington, DC 20019

 

LOCATIONS OF DISCHARGES AND RECEIVING WATERS: The Anacostia River

 

PROCEDURES FOR FORMULATION OF FINAL DETERMINATION: On the basis of preliminary review and application of lawful standards and regulations, the Environmental Protection Agency (EPA), Region III, proposes to issue an NPDES permit for the PEPCo Benning Road Generating Station.  The DC Government Department of the Environment (DOE) proposes to provide 401 certification for the draft permit.  Pursuant to the regulations contained in 40 C.F.R. 124.10, EPA and DOE hereby offer a draft permit for a 30-day period of public comment which will begin on February 13, 2009 and will end on March 16, 2009. The discharges from this facility are subject to certain effluent limitations and special conditions in accordance with the Clean Water Act and laws of the District of Columbia.  The proposed determinations are tentative.

 

PUBLIC COMMENT: Persons wishing to comment on the tentative determinations contained in the draft permit are invited to do so in writing within 30 days of the date of this public notice.  Comments must be received within this 30 day period to be considered in the formulation of a final determination regarding this application.  All comments should be written and include the name, address and telephone number of the commenter and a concise statement of the exact basis of any comment and the relevant facts upon which such comment is based.

Persons may also request a public hearing on this matter, if no hearing has been scheduled.  Any request for public hearing shall be in writing and shall state the nature of the issues proposed to be raised at the hearing. 

Following the thirty (30) day comment period, the EPA Regional Administrator will make a determination regarding the permit.  This determination will take effect as the final agency action on the draft permit unless a person files a petition with the Environmental Appeals Board (EAB) requesting review of any condition of the modified permit.

Such petition is subject to the requirements of 40 C.F.R. Section 124.19.  The person must file the petition within thirty (30) days of notice of the final Agency action.  The petition shall include a statement of the reasons supporting the EAB's review, including a demonstration that any issues being raised were raised during the public comment period (including any public hearing) to the extent required by 40 C.F.R. Part 124 and, when appropriate, a showing that the condition is based on:

- a finding of fact or conclusion of law which is clearly erroneous, or

- an exercise of discretion or an important policy which the EAB should in its discretion, review.

 

Comments are being accepted until March 16, 2009.

 

AVAILABILITY OF INFORMATION: Copies of the proposed draft permit (PDF) 36pg, 82K About PDF along with the accompanying fact sheet (PDF) 22pg, 66K About PDF, certification and related documents and other information are on file and may be inspected and arrangements made for copying at the Region III office of the Environmental Protection Agency, Office of NPDES Permits and Enforcement, 1650 Arch Street, Philadelphia, PA 19103, at any time between 9:00 a.m. and 4:00 p.m., Monday through Friday, except during Federal holidays. The fact sheet and further information may be obtained by writing to EPA Region III at the address below.  In addition, copies of the proposed permit and related documents are on file and may be inspected at the Martin Luther King Jr., Library, 901 G Street, N.W., Washington, DC 20001, during normal business hours. Copies of the draft Benning Road Generating Station NPDES permit and fact sheet are also available on the EPA Region III website at www.epa.gov/region03.

 

REGISTER OF INTERESTED PERSONS:  Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number or email address on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action.

 

All comments should be addressed to:

Mary Letzkus (3WP41)

Office of NPDES Permits and Enforcement
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103
(215) 814-2087

NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND OPPORTUNITY FOR PUBLIC COMMENT

U.S. ENVIRONMENTAL PROTECTION AGENCY-- REGION 3
1650 Arch Street
Philadelphia, Pennsylvania 19103

 

Date of Finding of No Significant Impact:  February 12, 2009

Comments Due By:  One Month, 2009

NOTICE: The U.S. Environmental Protection Agency (EPA), Region 3, has concluded that the following project will not result in significant adverse impact to the natural and human environment.  Consequently, a preliminary decision not to prepare an Environmental Impact Statement has been made.  The following further identifies the case and should be included in any written comments submitted:

Official Project Name:
St. John’s Creek Interceptor Replacement & Relocated Eagle Hose Combined Sewer Overflow Regulator Project
County of Lackawanna, PA             
 EPA Project No. XP-983834-01

Project Applicant:
Mr. Michael J. Washo, Chairman
Lackawanna County Board of Commissioners
200 Adams Avenue
Scranton, Pennsylvania 18503

Property Location:
Old Forge Borough
Lackawanna County, Pennsylvania   
                     

NEED AND DESCRIPTION:

The Borough of Old Forge is located in the south central portion of Lackawanna County, Pennsylvania, just outside the limits of the City of Scranton.  The proposed project area is a mixed residential/commercial neighborhood of 9,000 residents.  The Old Forge School District’s elementary and high schools are located within the project area as are the buildings and grounds of a local volunteer fire company.

The Lower Lackawanna Valley Sanitary Authority (LLVSA) owns and operates a wastewater treatment plant and collection system that provides collection and treatment of sewage for the residential/commercial/industrial customers in the Borough of Old Forge and other communities along the Lackawanna river corridor.  An existing LLVSA sewer interceptor line and three combined sewer overflow (CSO) diversion chambers are located along St. Johns Creek and its tributaries.  St Johns Creek flows through the Borough and the total 7.19 square mile watershed drains into the Lackawanna River near the Luzerne/Lackawanna County border.  The LLVSA interceptor is located along the top of the creek bank in the rear yards of residences and the fire company property.  One of the three CSO’s is located at the rear of a manufacturing plant (No. 17), the second one is in a residential neighborhood (no. 18), and the third is in a wooded area between residences and a proposed recreation park adjacent to the Old Forge School District facilities (No. 24).

The entire project site is underlain by underground anthracite coal beds.  The coal beds were last mined in the 1950’s.  Within the proposed project area, St. Johns Creek and its tributaries lose their base flow through mine-subsidence induced fissures.  As a result, the creek has flowing water only during and after wet weather events.  Most of the time, the water consists of raw, untreated sewerage overflows from the three CSO diversion chambers, which eventually infiltrates into the groundwater.

LLVSA, trough funding from the Lackawanna Watershed Program and the County of Lackawanna Federal special Appropriations grant, proposes to replace and relocate 4,300 Linear feet (LF) of the interceptor sewer line, and to consolidate the three existing CSO outfall structures into one CSO outfall structure by constructing a new CSO outfall structure at a new site.  Approximately 3,500 LF of sewer line to be replaced are located along the west bank of St. Johns Creek, between Oak Street and Milwaukee Avenue.  Two existing permitted CSO outfalls, CSO outfalls, CSO No. 017-Stassi Oil and CSO No. 018-Eagle Hose, are located along this section of sewer line.

The remaining 800 LF of sewer line to be replaced is located along an unnamed tributary to St. Johns Creek along the east side of the creek.  The confluence of this tributary is approximately 2,200 feet downstream of the Oak Street Bridge.  Under the proposed project, the three existing CSO’s, NO’s 017, 018, and 024, will be taken out of service and functionally replaced by one new facility located downstream from the current CSO No.018, along the west bank of St. Johns Creek, approximately 350 feet upstream of the Milwaukee Avenue Bridge.  The new CSO outfall (Eagle Hose Co.) will include a mechanical underflow regulator to prevent floatable materials from being discharged to the creek during wet weather overflows.  The overflow chamber is sized for future installation of a screen and chlorine disinfection system with the ability to add dechlorination.

The purpose of the project is to reduce the impact of wet weather raw sewage discharges on residences and businesses located immediately adjacent to the existing overflows as well as to the residents downstream of the overflows.  The proposed improvements are included in LLVSA’s approved Long Term Control Plan.

OPPORTUNITY FOR COMMENT.   Title 40 Part 6.400(d) requires EPA to provide sufficient opportunity for public review of a preliminary Finding of No Significant Impact before the decision becomes effective.  Written supporting or disagreeing comment to this preliminary decision may be submitted for consideration.

Comments should be sent to:

Smith.Brucea@epa.gov
Office of Infrastructure and Assistance (3WP50)
EPA Region 3
1650 Arch Street
Philadelphia, PA 19103
Bruce A. Smith

Interested parties may contact the above EPA representative to learn more about this action.

District of Columbia's
combined Fiscal Year 2009 and 2010 proposed Intended Use Plan
and proposed Project Priority List for drinking water improvements

INVITATION TO COMMENT

A public hearing will be held if significant concerns are expressed. Comments will be accepted until March 5, 2009.

• Invitation to Comment (PDF) 2pg, 98K
• Intended Use Plan (IUP) FY2009-2010 (PDF) 3pp, 19K
• List of Priority Projects (PDF) 3pp, 17K
• Project Cost Sheets 12pp, 40K

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more

Mr. Kenneth Pantuck (3WP50)
USEPA, Region III
Water Protection Division
Office of Infrastructure and Assistance
1650 Arch Street
Philadelphia, PA 19103-2029
(215) 814-5769
pantuck.kenneth@epa.gov

 

Henry Kaufman (d/b/a Kaufman Chicken Ranch), Seaford, DE
NOTICE OF COMPLAINT PROPOSING TO ASSESS A CIVIL PENALTY
AND OPPORTUNITY TO REQUEST A HEARING
U.S.ENVIRONMENTAL PROTECTION AGENCY--REGION III

Office of Enforcement, Compliance, and Environmental Justice (3EC00)
1650 Arch Street
Philadelphia, Pennsylvania 19103

In accordance with Section 309(g) of the Clean Water Act (the "Act"), 33 U.S.C. Section 1319(g), notice is hereby given that the United States Environmental Protection Agency (EPA) is proposing an administrative civil penalty against the Respondent named below.

RESPONDENT:  Henry Kaufman owns and operates a concentrated animal feeding operation (CAFO) located at 2714 Wild Turkey Road, Seaford, Delaware 17563.

 

SUMMARY OF VIOLATIONS:  Henry Kaufman is alleged to have discharged process wastewater to an unnamed tributary to the Horse Pen Branch.  The discharge of process wastewater was a result rain event on April 3, 2007.  The precipitation came into contact with poultry litter in the production area and drained to the unnamed tributary to the Horse Pen Branch which borders the parcel on which the poultry operation is located.  The poultry operation met the size threshold for an animal feeding operation that raises broilers and utilizes a liquid manure handling system.  Mr. Kaufman had an uncovered stockpile of poultry litter in the production area.  The production area also was contaminated with residual poultry litter at the end of one of the poultry houses.  The facility also has man-made conveyances within the production area to help facilitate the movement of stormwater to the unnamed tributary to the Horse Pen Branch.  EPA concludes that Mr. Kaufman failed to apply for an NPDES permit 180 days prior to discharging pollutants to waters of the U.S., and did in fact discharge without an NPDES permit.  

 

PROPOSED ADMINISTRATIVE PENALTY:  As a result of this violation of the Clean Water Act, including 33 U.S.C. Section 301.  EPA Region III proposes to assess a Class I administrative civil penalty of one thousand five hundred dollars ($1,500) against Henry Kaufman pursuant to Section 309(g) of the Act, 33 U.S.C.Section 1319(g).

 

OPPORTUNITY TO COMMENT ON PROPOSED PENALTY ASSESSMENT:  Persons wishing to comment on the amount or basis of the proposed penalty are invited to submit a statement to the EPA Regional Administrator, attention of the Regional Hearing Clerk (address below), within thirty (30) days of the date of this public notice.  All comments received within this thirty (30) day period will be considered in the formulation of the final order.  All comments must include the name, address, and telephone number of the writer and concise statement of the basis for any comment and any relevant facts on which it is based. 

 

Comments are being accepted until March 4, 2009

All comments should be addressed to:
Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103

 

AVAILABILITY OF INFORMATION:  Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk.

 

REGISTER OF INTERESTED PERSONS:  Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file.  The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

 

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action:

 

Ashley K. Toy (3WP42)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103
215/814-2774

Bonney Bright Sand Company, Virginia Beach, VA

NOTICE OF INTENT TO ASSESS ADMINISTRATIVE PENALTY
AND
OPPORTUNITY FOR PUBLIC COMMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY--REGION III

Office of Enforcement, Compliance, and Environmental Justice (3EC00)
1650 Arch Street
Philadelphia, Pennsylvania 19103

In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), notice is hereby given that the U.S. Environmental Protection Agency (EPA), Region III, is proposing an administrative civil penalty of thirty-two thousand five hundred dollars ($32,500) against the Respondent named below.

RESPONDENT:

Bonney Bright Sand Company
5513 Buzzard Neck Road
Virginia Beach, Virginia, 23457

 

SUMMARY OF VIOLATIONS:
Respondent violated the terms of its National Pollutant Discharge Elimination System (NPDES) permit by exceeding its permit limit for sediment and pH on a number of occasions.  These exceedances constitute violations of Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342.  Also, Respondent failed to submit requried reports for particular periods of time and failed to update its Best Management Practices plan as required by its NPDES permit, in violation of Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342. 

 

PROPOSED ADMINISTRATIVE PENALTY:

Based on the foregoing and having taken into account the nature, circumstances, extent and gravity of the violation(s), Respondent's ability to pay, prior history of compliance, degree of culpability, economic benefit or savings resulting from the violations, and such other matters as justice may require pursuant to the authority of Section 309(g) of the CWA, 33 U.S.C. § 1319(g), EPA Region III proposes to assess an administrative civil penalty against Bonney Bright Sand Company in the amount of thirty-two thousand five hundred dollars ($32,500).

 

OPPORTUNITY FOR COMMENT:

Persons wishing to comment on the amount or basis of the proposed assessment are invited to submit a statement to the EPA Regional Administrator, addressed to the attention of the Regional Hearing Clerk (address below), by February 9, 2009.  Comments received by February 9, 2009, will be considered in the formulation of the final penalty assessment order. All comments must include the name, address, and telephone number of the writer and concise statement of the basis for any comment and any relevant facts on which it is based.

 

Comments are being accepted until February 9, 2009. 

All comments should be addressed to:
Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029 

AVAILABILITY OF INFORMATION:

Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk.

REGISTER OF INTERESTED PERSON:

Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file. The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action:

Andrew Dinsmore (3WP42)               Pamela J. Lazos (3RC20)
U.S. Environmental Protection Agency           U.S. Environmental Protection Agency
Region III                                          Region III
1650 Arch Street                                 1650 Arch Street
Philadelphia, PA  19103                     Philadelphia, PA  19103
215/814-2788                                      215/814-2658

 

Bayer CropScience, Institute, WV
NOTICE OF INTENT TO ASSESS ADMINISTRATIVE PENALTY
AND
OPPORTUNITY FOR PUBLIC COMMENT
U.S. ENVIRONMENTAL PROTECTION AGENCY--REGION III

Office of Enforcement, Compliance, and Environmental Justice (3EC00)
1650 Arch Street
Philadelphia, Pennsylvania 19103

In accordance with Section 309(g) of the Clean Water Act (CWA), 33 U.S.C. § 1319(g), notice is hereby given that the U.S. Environmental Protection Agency (EPA), Region III, is proposing an administrative civil penalty against the Respondent named below.

RESPONDENT:

Bayer CropScience
Route 25
Institute, WV 25064 

SUMMARY OF VIOLATIONS:
Respondent violated the terms of its National Pollutant Discharge Elimination System (NPDES) permit by exceeding its permit limit for various parameters on a number of occasions.  These exceedances constitute a violation Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342.  Also, Respondent failed to report measured flow from certain outfalls for a particular period of time and failed to update its Best Management Practices plan as required by its NPDES permit, in violation of Sections 301(a) and 402 of the CWA, 33 U.S.C. §§ 1311(a) and 1342.  These violations were discovered as part of a multimedia inspection of the Bayer CropScience facility in Institute, West Virginia, by EPA.  In addition to the CWA violations discussed above, the proposed penalty assessment will include penalties pursuant to the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA), the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), and the Emergency Planning and Community Right-to-Know Act (EPCRA). 

PROPOSED ADMINISTRATIVE PENALTY:

Based on the foregoing and having taken into account the nature, circumstances, extent and gravity of the violation(s), Respondent's ability to pay, prior history of compliance, degree of culpability, economic benefit or savings resulting from the violations, and such other matters as justice may require pursuant to the authority of Section 309(g) of the CWA, 33 U.S.C. § 1319(g), EPA Region III proposes to assess an administrative civil penalty against Bayer CropScience.  Moreover, EPA proposes to assess an administrative civil penalty against Bayer CropScience pursuant to RCRA, CAA, CERCLA and EPCRA and the statutory penalty factors contained therein.  The total proposed penalty to be assessed is $112,500.00 and is consistent with 40 C.F.R. Part 19.  In addition to the evaluation of the statutory penalty factors under the various statutes, Bayer CropScience's agreement to perform six Supplemental Environmental Projects (SEPs) was considered in reaching this civil penalty amount.

OPPORTUNITY FOR COMMENT:

Persons wishing to comment on the amount or basis of the proposed assessment are invited to submit a statement to the EPA Regional Administrator, addressed to the attention of the Regional Hearing Clerk (address below), by January 16, 2009.  The comment period, which was originally scheduled to run until December 22, 2008, has been extended by EPA until January 16, 2009, based upon a request from the community. Comments received by January 16, 2009, will be considered in the formulation of the final penalty assessment order. All comments must include the name, address, and telephone number of the writer and concise statement of the basis for any comment and any relevant facts on which it is based.

 

Comments are being accepted until January 16, 2009. 

All comments should be addressed to:
Regional Hearing Clerk (3RC00)
U.S. EPA, Region III
1650 Arch Street
Philadelphia, PA 19103-2029 

AVAILABILITY OF INFORMATION:

Information relevant to the proposed penalty assessment may be requested through the Regional Hearing Clerk.

REGISTER OF INTERESTED PERSON:

Any person interested in a particular case or group of cases may leave his/her name, address, and telephone number on a registry of interested persons which will be maintained in each file. The list of names will be maintained as a means for persons with an interest in the case to contact others with the same interest.

FOR FURTHER INFORMATION. Interested parties may contact the following EPA representative to learn more about this action:

Terri White (3PA00)
U.S. Environmental Protection Agency
1650 Arch Street
Philadelphia, PA  19103-2029
215-814-5523
white.terri-a@epa.gov